18
GORZELIK AND OTHERS v. POLAND JUDGMENT
It also has to be noted that the essential aims of the association can be accomplished
without the contested provisions of the memorandum and without the [specific] name
of the association. Under the provisions of the Constitution of the Republic of Poland,
national and ethnic minorities have equal rights as regards their freedom to preserve
and develop their own language, to maintain their customs and traditions, to develop
their culture, to establish educational institutions or institutions designed to protect
their religious identity and to participate in the resolution of matters relating to their
cultural identity (see Article 35). ...”
II. RELEVANT NATIONAL AND INTERNATIONAL LAW AND
DOMESTIC PRACTICE
A. Constitutional provisions
37. Article 12 of the Constitution, which was adopted by the National
Assembly on 2 April 1997 and came into force on 17 October 1997, states:
“The Republic of Poland shall ensure freedom for the creation and functioning of
trade unions, socio-occupational farmers' organisations, societies, citizens'
movements, other voluntary associations and foundations.”
Article 13 of the Constitution reads:
“Political parties and other organisations whose programmes are based on
totalitarian methods or the models of naziism, fascism or communism, or whose
programmes or activities foster racial or national hatred, recourse to violence for the
purposes of obtaining power or to influence State policy, or which provide for their
structure or membership to be secret, shall be forbidden.”
Article 32 of the Constitution provides:
“1. All persons shall be equal before the law. All persons shall have the right to
equal treatment by public authorities.
2. No one shall be discriminated against in political, social or economic life for any
reason whatsoever.”
Article 35 of the Constitution provides:
“1. The Republic of Poland shall ensure that Polish citizens belonging to national or
ethnic minorities have the freedom to preserve and develop their own language, to
maintain customs and traditions, and to develop their own culture.
2. National or ethnic minorities shall have the right to establish educational and
cultural institutions and institutions designed to protect religious identity, as well as to
participate in the resolution of matters relating to their cultural identity.”
Article 58 of the Constitution, proclaiming the right to freedom of
association, reads:
“1. The freedom of association shall be guaranteed to everyone.
2. Associations whose purposes or activities are contrary to the Constitution or
statute shall be prohibited. The courts shall decide whether to register an association
and/or whether to prohibit an [activity of] an association.