GORZELIK AND OTHERS v. POLAND JUDGMENT
39
The applicants, for their part, asserted that the impugned restriction was
premature and that the authorities had based their decisions on unfounded
suspicions as to their true intentions and on speculation about their future
actions. They stressed that running for elections was not one of the aims
stated in their memorandum of association (see paragraphs 78-79 above).
98. It is true that the applicants' intentions could not be verified by
reference to the conduct of the association in practice, as it was never
registered. It is also true that the aim of securing representation in
Parliament was not explicitly stated in the memorandum of association and
that any unstated intention that the applicants may have had to secure
electoral privileges would have depended on a combination of future events
(see paragraphs 19, 32, 36 and 41-43 above).
99. In this connection, however, there was a dispute between the parties
as to the repercussions, under Polish law, of registration as regards
qualification for electoral privileges. The applicants submitted that the
effective – and ultimate – power to acknowledge or reject their claim to
privileges under section 5 of the 1993 Elections Act was vested in the State
Electoral College (see paragraph 79 above). The Government, on the other
hand, contended that the College would have had no power to reject a
declaration by the association notifying it that it had set up an “electoral
committee of a registered organisation of a national minority” because that
would have been the legal status enjoyed by the association as confirmed by
documentary evidence in the form of the memorandum of their registered
association and, more particularly, paragraph 30 thereof (see paragraph 86
above).
100. The Court reiterates that it is primarily for the national authorities,
notably the courts, to resolve problems of interpretation of domestic
legislation, the Court's role being confined to determining whether the
effects of that interpretation are compatible with the Convention (see,
among other authorities, Waite and Kennedy v. Germany [GC],
no. 26083/94, § 54, ECHR 1999-I).
101. When considering the legal consequences of registering the
association with the statement in its memorandum of association that it was
“an organisation of the Silesian national minority”, the Supreme Court
evidently worked on the assumption that, had the members of the
association run for election, the State Electoral College would have had no
choice but to accept their declaration under section 5 of the 1993 Elections
Act (see paragraph 36 above). Such a reading of the relevant provisions of
domestic law, limiting the role of the State Electoral College to controlling
technical and formal matters, with no competence to examine substantive
criteria such as the existence or not of a “national minority”, cannot, in the
Court's opinion, be regarded as arbitrary. Under Polish law, as
authoritatively interpreted by the Polish Supreme Court, therefore, the
procedure before the State Electoral College could not – after the