48 GORZELIK AND OTHERS v. POLAND JUDGMENT – JOINT CONCURRING OPINION
OF JUDGES COSTA AND ZUPANČIČ JOINED BY JUDGE KOVLER
been asked to do by the Governor acting in his supervisory capacity (see
paragraph 24 of the judgment). While this would have deprived it of the
electoral “advantage” afforded national minorities, it would have acquired
full legal capacity as an association. We thus return to the starting-point of
this opinion: in practice, the measures the applicants complain of constitute
not so much a real interference with their freedom of association as an
attempt on the part of the domestic authorities to avoid the unforeseen
consequences – which would infringe the principle of equality – of the
exercise of that freedom.
13. For all these reasons, we were able to accept the finding that “it was
not the applicants' freedom of association per se that was restricted by the
State” (see paragraph 106 of the judgment). Indeed, in that regard, it seemed
to us that Cha'are Shalom Ve Tsedek v. France ([GC], no. 27417/95, §§ 8384, ECHR 2000-VII) might be of some relevance, mutatis mutandis. In the
end, despite our initial reservations, we were able to concur with the
majority in this very sensitive case, thus fully justifying its examination by
the Grand Chamber of the Court.