2
GORZELIK AND OTHERS v. POLAND JUDGMENT
4. The application was transmitted to the Court on 1 November 1998,
when Protocol No. 11 to the Convention came into force (Article 5 § 2 of
Protocol No. 11).
5. It was allocated to the Fourth Section of the Court. By a decision of
17 May 2001, following a hearing on admissibility and the merits (Rule 54
§ 3 of the Rules of Court), the application was declared admissible by a
Chamber of that Section, composed of Mr G. Ress, President, Mr A. Pastor
Ridruejo, Mr L. Caflisch, Mr J. Makarczyk, Mr V. Butkevych,
Mr J. Hedigan and Mrs S. Botoucharova, judges, and Mr V. Berger, Section
Registrar.
6. On 20 December 2001 the Chamber gave judgment, holding
unanimously that there had been no violation of Article 11 of the
Convention.
7. On 20 March 2002 the applicants requested, under Article 43 of the
Convention and Rule 73, that the case be referred to the Grand Chamber.
8. On 10 July 2002 a panel of the Grand Chamber decided to accept the
request.
9. The composition of the Grand Chamber was determined in
accordance with the provisions of Article 27 §§ 2 and 3 of the Convention
and Rule 24. On 1 July 2002 Mr Makarczyk, the judge who had sat in
respect of Poland in the original Chamber (Article 27 § 3 of the Convention
and Rule 24 § 2 (d)), resigned from the Court. Subsequently, on 16 June
2003, he withdrew from the case (Article 23 § 7 of the Convention and
Rules 26 § 3 and 28). He was replaced by Mr L. Garlicki, his successor as
the judge elected in respect of Poland.
10. The applicants and the Government each filed a memorial.
11. A hearing took place in public in the Human Rights Building,
Strasbourg, on 2 July 2003 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
Mr K. DRZEWICKI,
Ms R. KOWALSKA,
Mr K.W. CZAPLICKI,
Ms M. KOSICKA,
Ms D. GŁOWACKA-MAZUR,
Mr D. RZEMIENIEWSKI,
Ms R. HLIWA,
(b) for the applicants
Mr S. WALIDUDA,
Mrs M. KRYGIEL-BARTOSZEWICZ,
Agent,
Counsel,
Advisers;
Counsel,