38
GORZELIK AND OTHERS v. POLAND JUDGMENT
95. Nonetheless, that power must be used sparingly, as exceptions to the
rule of freedom of association are to be construed strictly and only
convincing and compelling reasons can justify restrictions on that freedom.
Any interference must correspond to a “pressing social need”; thus, the
notion “necessary” does not have the flexibility of such expressions as
“useful” or “desirable” (see Young, James and Webster, and Chassagnou
and Others, cited above).
96. It is in the first place for the national authorities to assess whether
there is a “pressing social need” to impose a given restriction in the general
interest. While the Convention leaves to those authorities a margin of
appreciation in this connection, their assessment is subject to supervision by
the Court, going both to the law and to the decisions applying it, including
decisions given by independent courts.
When the Court carries out its scrutiny, its task is not to substitute its
own view for that of the national authorities, which are better placed than an
international court to decide both on legislative policy and measures of
implementation, but to review under Article 11 the decisions they delivered
in the exercise of their discretion. This does not mean that it has to confine
itself to ascertaining whether the respondent State exercised its discretion
reasonably, carefully and in good faith; it must look at the interference
complained of in the light of the case as a whole and determine whether it
was “proportionate to the legitimate aim pursued” and whether the reasons
adduced by the national authorities to justify it are “relevant and sufficient”.
In so doing, the Court has to satisfy itself that the national authorities
applied standards which were in conformity with the principles embodied in
Article 11 and, moreover, that they based their decisions on an acceptable
assessment of the relevant facts (see, mutatis mutandis, United Communist
Party of Turkey and Others, cited above, p. 27, §§ 46-47, and Refah Partisi
(the Welfare Party) and Others, cited above, § 100).
(ii) Application of the above principles to the present case
(α) Pressing social need
97. The Court will first determine whether there could be said to have
been, at the relevant time, a “pressing social need” to take the impugned
measure – namely the refusal to register the association with the description
in paragraph 30 of its memorandum of association (see paragraph 22 above)
– in order to achieve the legitimate aims pursued.
The principal reason for the interference thereby caused with the
applicants' enjoyment of their freedom of association was to pre-empt their
anticipated attempt to claim special privileges under the 1993 Elections Act,
in particular an exemption from the threshold of 5% of the votes normally
required to obtain seats in Parliament and certain advantages in respect of
the registration of electoral lists (see paragraphs 32, 36 and 41 above).