GORZELIK AND OTHERS v. POLAND JUDGMENT
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Against that background, the Grand Chamber considers that the
applicants have not put forward any arguments that would warrant a
departure from the Chamber's finding that the interference in question was
intended to prevent disorder and to protect the rights of others. Indeed, it
could be said that, as the impugned measure purported to prevent a possible
abuse of electoral law by the association itself or by other organisations in a
similar situation, it served to protect the existing democratic institutions and
procedures in Poland.
3. “Necessary in a democratic society”
(a) The Chamber's judgment
77. The Chamber held that the refusal to register the association without
the deletion of the contested paragraph 30 of the memorandum of
association satisfied the test of “necessity”, as it was made with a view to
protecting the electoral system of the State, which was an indispensable
element of the proper functioning of a “democratic society” within the
meaning of Article 11 of the Convention (see paragraph 66 of the
Chamber's judgment).
(b) The parties' submissions to the Grand Chamber
(i) The applicants
78. The applicants disagreed with the Chamber and stressed that the
refusal had been an extreme measure that amounted to a prior, unjustifiable
restraint on their freedom of association and could not be reconciled with
the principles governing a democratic society. It had been based on entirely
unfounded suspicions as to their true intentions and on speculation as to
their future actions. In the applicants' opinion, there was always a
hypothetical risk that a particular association might infringe the law or
engage in activities incompatible with the aims it proclaimed. Yet the mere
possibility of that happening could not justify a preventive blanket ban
being imposed on its activities.
79. The principal argument put forward by the authorities had been the
alleged need to protect the electoral system against a possible attempt by the
applicants to claim national-minority status in parliamentary elections and
special privileges under electoral law. In the authorities' view, that mere
eventuality had become a certainty.
By taking that stance, they had overlooked the obvious fact that only a
series of events and decisions – none of which were in the least bit certain –
would have enabled the applicants to gain those privileges. First, they would
have had to want to run for elections. Second, they would have had to set up
an “electoral committee of a registered organisation of a national minority”.
Given that their memorandum of association had not envisaged such a form