42
GORZELIK AND OTHERS v. POLAND JUDGMENT
In the instant case the refusal was not a comprehensive, unconditional
one directed against the cultural and practical objectives that the association
wished to pursue, but was based solely on the mention, in the memorandum
of association, of a specific appellation for the association. It was designed
to counteract a particular, albeit only potential, abuse by the association of
its status as conferred by registration. It by no means amounted to a denial
of the distinctive ethnic and cultural identity of Silesians or to a disregard
for the association's primary aim, which was to “awaken and strengthen the
national consciousness of Silesians” (see paragraph 19 above). On the
contrary, in all their decisions the authorities consistently recognised the
existence of a Silesian ethnic minority and their right to associate with one
another to pursue common objectives (see paragraphs 32 and 36 above). All
the various cultural and other activities that the association and its members
wished to undertake could have been carried out had the association been
willing to abandon the appellation set out in paragraph 30 of its
memorandum of association.
Like the Chamber, the Grand Chamber finds it hard to perceive any
practical purpose for this paragraph in relation to the association's proposed
activities other than to prepare the ground for enabling the association and
its members to benefit from the electoral privileges accorded by section 5(1)
of the 1993 Elections Act to “registered organisations of national
minorities” (see also paragraph 64 of the Chamber's judgment). The
disputed restriction on the establishment of the association was essentially
concerned with the label which the association could use in law – with
whether it could call itself a “national minority” – rather than with its ability
“to act collectively in a field of mutual interest” (see paragraph 88 above).
As such, it did not go to the core or essence of freedom of association.
Consequently, for the purposes of Article 11 of the Convention and the
freedom of association which it guarantees, the interference in question
cannot be considered disproportionate to the aims pursued.
(d) The Court's conclusion
106. The Court concludes, therefore, that it was not the applicants'
freedom of association per se that was restricted by the State. The
authorities did not prevent them from forming an association to express and
promote distinctive features of a minority but from creating a legal entity
which, through registration under the Law on associations and the
description it gave itself in paragraph 30 of its memorandum of association,
would inevitably become entitled to a special status under the 1993
Elections Act. Given that the national authorities were entitled to consider
that the contested interference met a “pressing social need” and given that
the interference was not disproportionate to the legitimate aims pursued, the
refusal to register the applicants' association can be regarded as having been