10
GORZELIK AND OTHERS v. POLAND JUDGMENT
“... There was a dispute between [the parties] over the concepts 'nation' and 'national
minority'. Finally [the authorities concerned] pleaded that the application for
registration of the association should be rejected.
This Court has found that the application is well-founded [and as such should be
granted].
In the preamble to the Law on associations, the legislature guarantees [everyone] a
cardinal right – the right to freedom of association – which enables citizens, regardless
of their convictions, to participate actively in public life and express different
opinions, and to pursue individual interests.
Freedom of association is one of the natural rights of a human being. [For this
reason,] section 1(1) of the Law on associations does not establish the right to freedom
of association but merely sets out the manner and limits of its exercise, thus reflecting
Poland's international obligations.
Under section 1(2) of the Law on associations, the right to form an association may
be subject only to such limitations as are prescribed by law either in the interests of
national security or public safety, or in the interests of public order, or for the
protection of health and morals, or for the protection of the rights and freedoms of
others. No other restrictions may be placed on the exercise of the right to associate
with others.
As recently as 16 June 1997, in their pleading, the authorities advanced the
argument that the registration of the present association would infringe the rights and
freedoms of others because it would result in an unequal treatment of other local
communities and would diminish their rights.
This argument is unconvincing, since it does not emerge from the content of the
memorandum of association that the future activities of the association are aimed at
[diminishing] the rights and freedoms of others.
Under paragraph 7 of the memorandum of association, the aims of the association
are[, for example,] to awaken and strengthen the national consciousness of Silesians,
to restore Silesian culture, to promote knowledge of Silesia and to provide social care
for members of the association. None whatsoever of these aims is directed against the
rights and freedoms of others. The means to be used for accomplishing these aims are
not directed against the rights and freedoms of others either. Those means include
organising lectures and seminars, carrying out scientific research, establishing
libraries, organising cultural and educational activities for members and other persons,
carrying out promotional and publishing activities, promoting the emblems and
colours of Silesia and Upper Silesia, organising demonstrations and protest actions,
organising sporting events, setting up schools and other educational establishments,
conducting business activities and cooperating with other organisations.
In sum, the argument that the association would infringe the rights and freedoms of
others must definitely be rejected. Moreover, it should be noted that this argument
refers to [a mere possibility] because only practical action taken by the association
could possibly demonstrate whether, and if so to what extent, the [future] activities of
the association would require taking measures aimed at protecting the rights of others.
As regards the terms 'Silesian nationality' or 'Silesian national minority', the
problems involved in the determination of their proper meaning cannot be examined
by this Court in detail.
This Court must, pursuant to section 13(1) of the Law on associations, rule on the
present application within a period not exceeding three months from the date on which