36
GORZELIK AND OTHERS v. POLAND JUDGMENT
(i) General principles
88. The right to freedom of association laid down in Article 11
incorporates the right to form an association. The ability to establish a legal
entity in order to act collectively in a field of mutual interest is one of the
most important aspects of freedom of association, without which that right
would be deprived of any meaning (see Sidiropoulos and Others v. Greece,
judgment of 10 July 1998, Reports of Judgments and Decisions 1998-IV,
p. 1614, § 40).
Indeed, the state of democracy in the country concerned can be gauged
by the way in which this freedom is secured under national legislation and
in which the authorities apply it in practice (ibid.). In its case-law, the Court
has on numerous occasions affirmed the direct relationship between
democracy, pluralism and the freedom of association and has established the
principle that only convincing and compelling reasons can justify
restrictions on that freedom. All such restrictions are subject to a rigorous
supervision by the Court (see, among many authorities, United Communist
Party of Turkey and Others v. Turkey, judgment of 30 January 1998,
Reports 1998-I, pp. 20 et seq., §§ 42 et seq.; Socialist Party and Others v.
Turkey, judgment of 25 May 1998, Reports 1998-III, pp. 1255, et seq,.
§§ 41 et seq.; and Refah Partisi (the Welfare Party) and Others, cited
above, §§ 86 et seq.).
(α) The rule of democracy and pluralism
89. As has been stated many times in the Court's judgments, not only is
political democracy a fundamental feature of the European public order but
the Convention was designed to promote and maintain the ideals and values
of a democratic society. Democracy, the Court has stressed, is the only
political model contemplated in the Convention and the only one
compatible with it. By virtue of the wording of the second paragraph of
Article 11, and likewise of Articles 8, 9 and 10 of the Convention, the only
necessity capable of justifying an interference with any of the rights
enshrined in those Articles is one that may claim to spring from “democratic
society” (see, for instance, United Communist Party of Turkey and Others,
cited above, pp. 20-21, §§ 43-45, and Refah Partisi (the Welfare Party) and
Others, cited above, §§ 86-89).
90. Referring to the hallmarks of a “democratic society”, the Court has
attached particular importance to pluralism, tolerance and broadmindedness.
In that context it has held that, although individual interests must on
occasion be subordinated to those of a group, democracy does not simply
mean that the views of the majority must always prevail: a balance must be
achieved which ensures the fair and proper treatment of minorities and
avoids any abuse of a dominant position (see Young, James and Webster
v. the United Kingdom, judgment of 13 August 1981, Series A no. 44, p. 25,