32
GORZELIK AND OTHERS v. POLAND JUDGMENT
held that the interference with the applicants' right had pursued legitimate
aims under Article 11, namely “the prevention of disorder” and “the
protection of the rights of others” (see paragraph 44 of the Chamber's
judgment).
(b) The parties' submissions to the Grand Chamber
(i) The applicants
73. The applicants stressed that it was undisputed that all the aims of
their association, as set out in paragraph 7 of the memorandum of
association, were in conformity with the law. The name chosen for the
association could not be seen as capable of causing “disorder” and,
therefore, justify measures to “prevent disorder”, especially as the
authorities had eventually accepted the name and only insisted on the
deletion of paragraph 30 of the memorandum.
74. They further submitted that the fact that that paragraph stated that
“[t]he Union is an organisation of the Silesian national minority” did not by
itself infringe the rights of other ethnic groups, in particular under electoral
law. That single provision, in the absence of any attempt on their part to
stand in elections or to claim minority status under the 1993 Elections Act,
and in the absence of any such objective in the memorandum of association,
could not in any way affect the rights or freedoms of others.
In conclusion, the applicants invited the Grand Chamber to hold that the
restriction on their right to freedom of association had not been imposed in
pursuance of any legitimate aim within the meaning of Article 11 of the
Convention.
(ii) The Government
75. The Government disagreed. They fully subscribed to the Chamber's
conclusion and stood by their submissions to it, reiterating that it had been
legitimate for the authorities to refuse to register the applicants' association
as an organisation of a national minority. Had they allowed the registration,
it would have had serious consequences for the domestic legal order
because it would have enabled the applicants to claim privileges reserved
for genuine national minorities. It would also have amounted to
discrimination against other ethnic groups in the sphere of electoral law.
(c) The Court's assessment
76. When justifying the impugned decisions, the domestic courts
expressly relied on the need to protect the domestic legal order and the
rights of other ethnic groups against an anticipated attempt by the
applicants' association to circumvent the provisions of the 1993 Elections
Act or other statutes conferring particular rights on national minorities (see
paragraphs 32 and 36 above).