GORZELIK AND OTHERS v. POLAND JUDGMENT
31
Court recognises that, for the reasons explained above, in the area under
consideration it may be difficult to frame laws with a high degree of
precision. It may well even be undesirable to formulate rigid rules. The
Polish State cannot, therefore, be criticised for using only a general statutory
categorisation of minorities and leaving interpretation and application of
those notions to practice.
70. Consequently, the Court does not consider that leaving to the
authorities a discretion to determine the applicable criteria with regard to the
concept of “registered associations of national minorities” underlying
section 5 of the 1993 Elections Act was, as the applicants alleged,
tantamount to granting them an unlimited and arbitrary power of
appreciation. As regards the registration procedure, it was both inevitable
and consistent with the adjudicative role vested in them for the national
courts to be left with the task of interpreting the notion of “national
minority”, as distinguished from “ethnic minority” within the meaning of
the Constitution, and assessing whether the applicants' association qualified
as an “organisation of a national minority” (see paragraph 65 above).
71. In reviewing the relevant principles, the Supreme Court and the
Court of Appeal took into consideration all the statutory provisions
applicable to associations and national minorities as well as social factors
and other legal factors, including all the legal consequences that registering
the applicants' association in the form they proposed might entail (see
paragraphs 32 and 36 above).
Contrary to what the applicants have alleged, those courts do not appear
to have needlessly transformed the registration procedure into a dispute over
the concept of Silesian nationality. Rather, it was the statement in
paragraph 30 of the memorandum of association that made it necessary to
consider that issue in the proceedings (see paragraphs 22, 25 and 28 above).
The applicants must have been aware, when that paragraph was drafted, that
the courts would have no alternative but to interpret the notion of “national
minority” as it applied in their case.
Having regard to the foregoing, the Court is satisfied that the Polish law
applicable in the present case was formulated with sufficient precision, for
the purposes of paragraph 2 of Article 11 of the Convention, to enable the
applicants to regulate their conduct.
2. Legitimate aim
(a) The Chamber's judgment
72. The Chamber found that the Polish authorities had sought to avoid
the association using a name which the public might find misleading as it
established a link to a non-existent nation. It also found that they had acted
in order to protect other, similar ethnic groups whose rights might be
affected by the registration of the association. The Chamber consequently