GORZELIK AND OTHERS v. POLAND JUDGMENT
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48. The applicants complained that the Polish authorities had arbitrarily
refused to register their association, called “Union of People of Silesian
Nationality”, and alleged a breach of Article 11 of the Convention, which
provides:
“1. Everyone has the right to freedom of peaceful assembly and to freedom of
association with others, including the right to form and to join trade unions for the
protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as
are prescribed by law and are necessary in a democratic society in the interests of
national security or public safety, for the prevention of disorder or crime, for the
protection of health or morals or for the protection of the rights and freedoms of
others. This Article shall not prevent the imposition of lawful restrictions on the
exercise of these rights by members of the armed forces, of the police or of the
administration of the State.”
49. In its judgment of 20 December 2001, the Chamber found that there
had been no breach of Article 11. It held that the refusal to register the
applicants' association, which had been prompted by the need to protect the
State electoral system against the applicants' potential attempt to claim
unwarranted privileges under electoral law, had been justified under
paragraph 2 of that provision (see paragraphs 64 et seq. of the Chamber's
judgment).
50. The applicants, in their letter of 20 March 2002 requesting that the
case be referred to the Grand Chamber, stressed that a refusal to register an
association could not – as had happened in their case – be based on mere
impressions or suppositions about the association's future actions. They
criticised the Chamber's conclusion that the statement in paragraph 30 of the
memorandum of association that their Union was to be an “organisation of
the Silesian national minority” had given the impression that they might
later aspire to stand in elections and acquire privileges under electoral law.
In that connection, they argued that not only had that finding been
unsupported by any evidence showing that that was indeed their intention,
but also that registration of their association would not have conferred on
them any such privileges automatically since, in the absence of any
definition of the concept of “national minority” in Polish law, that issue had
been left for the State Electoral College to decide.
51. The Government entirely agreed with the findings and conclusions
of the Chamber and considered that the applicants' arguments should be
rejected.
A. Whether there has been an interference
52. Both before the Chamber and the Grand Chamber, the parties agreed
that there had been an interference with the exercise of the applicants' right
to freedom of association within the meaning of paragraph 2 of Article 11.