4
GORZELIK AND OTHERS v. POLAND JUDGMENT
two regional varieties: Kashubian and Silesian1. At the hearing, one of the
applicants, Mr Gorzelik, described Silesian as a still uncodified language
that was a mixture of Czech, German and Polish.
15. From 2 May to 8 June 2002 a census – the National Population and
Housing Census – was carried out in Poland. Its purpose was to gather data
relating to the distribution of the population, demographic and social
factors, employment, standards of living and housing. It also addressed
issues relating to citizenship and nationality. One of the questions relating to
nationality gave the following definition:
“Nationality is a declared (based on a subjective feeling) individual feature of every
human being, expressing his or her emotional, cultural or genealogical (relating to
parents' origin) link with a specific nation.”
According to the census report prepared by the Central Statistical Office
(Główny Urząd Statystyczny), 36,983,700 people (96.74% of the
population) declared themselves Polish nationals. 471,500 persons (1.23%
of the population) declared a non-Polish nationality, including 173,200
persons who declared that they were “Silesians”.
B. Proceedings for the registration of the applicants' association
1. The first-instance proceedings
16. On an unspecified date the applicants, who describe themselves as
“Silesians”, decided together with 190 other persons to form an association
(stowarzyszenie) called “Union of People of Silesian Nationality” (Związek
Ludności Narodowości Śląskiej). The founders subsequently adopted a
memorandum of association. The applicants were elected to the provisional
management committee (Komitet Założycielski) and were authorised to
proceed with the registration of the association.
17. On 11 December 1996 the applicants, acting on behalf of the
provisional management committee of the “Union of People of Silesian
Nationality”, applied to the Katowice Regional Court (Sąd Wojewódzki) for
their association to be registered. They relied on, inter alia, section 8(2) of
the Law on associations (Prawo o stowarzyszeniach) of 7 April 1989. They
produced the memorandum of association along with the other documents
required by that Law.
18. The relevant general provisions of the memorandum of association
read as follows:
“1. The present association shall be called the “Union of People of Silesian
Nationality” (hereafter referred to as “the Union”).
1. Source: John A. Dunn, “The Slavonic Languages in the Post-Modern Era”
(www.arts.gla.ac.uk).