GORZELIK AND OTHERS v. POLAND JUDGMENT
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40. Chapter 3 of the Law, entitled “Supervision of associations”,
provides in sections 25 and following for various means of monitoring the
activities of associations and lays down the conditions for the dissolution of
an association.
Under section 25, the relevant supervisory authority may request the
management committee of an association to submit, within a specified timelimit, copies of resolutions passed by the general meeting of the association
or to ask the officers of an association to provide it with “necessary
explanations”.
In the event that such requests are not complied with, the court, under
section 26 and a motion from the supervisory authority, may impose a fine
on the association concerned.
Under section 28, a supervisory authority, if it finds that activities of an
association are contrary to the law or infringe the provisions of the
memorandum of association in respect of matters referred to in
section 10(1) and (2), may request that such breaches cease, or issue a
reprimand, or request the competent court to take measures under
section 29.
The relevant part of section 29 provides:
“(1) The court, at the request of a supervisory authority or a prosecutor, may:
(i) reprimand the authorities of the association concerned;
(ii) annul [any] resolution passed by the association if such a resolution is contrary
to the law or the provisions of the memorandum of association;
(iii) dissolve the association if its activities have demonstrated a flagrant or
repeated failure to comply with the law or with the provisions of the memorandum of
association and if there is no prospect of the association reforming its activities so as
to comply with the law and the provisions of the memorandum of association.”
C. The 1993 Elections Act1
41. Section 3 of the 1993 Elections Act provided:
“(1) In the distribution of [seats in the Sejm] account shall be taken only of those
regional electoral lists of electoral committees which have obtained at least 5% of the
valid votes cast in the whole [of Poland].
(2) The regional electoral lists of electoral committees referred to in section 77(2)
(electoral coalitions) shall be taken into account in the distribution of [seats in the
Sejm], provided that they have obtained at least 8% of the valid votes cast in the
whole [of Poland].”
1. This law was repealed on 31 May 2001, the date of entry into force of the Law on
elections to the Sejm and Senate of the Republic of Poland of 12 April 2001 (“the 2001
Elections Act”).