GORZELIK AND OTHERS v. POLAND JUDGMENT
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under the relevant provisions of the Law on elections to the Sejm[1] of 28 May 1993
[Ordynacja wyborcza do Sejmu Rzeczypospolitej Polskiej – 'the 1993 Elections Act'],
registration of the Union would give it a privileged position in terms of distribution of
seats in Parliament. The Union would obtain rights and privileges guaranteed to
national minorities in respect of education in their native language and access to the
media. Registration of the association would be to the detriment of other ethnic groups
in Poland, such as Cracovians [Krakowiacy], Highlanders [Górale] and Mazurians
[Mazurzy]; this would amount to a return to the tribalism [podziały plemienne] which
existed prior to the formation of the Polish State. ...
(v) We therefore propose that the memorandum of association should be amended
so as to reflect the above observations. In particular, the misleading name of the
association should be changed, the criteria for membership should be set out in an
unambiguous manner and paragraph 30 should be deleted. In our opinion, these are
the conditions for registration of the association.”
25. On 13 March 1997 the applicants filed a pleading in reply to those
arguments. They asserted that the fact that the majority of Poles failed to
recognise the existence of a Silesian nation did not mean that there was no
such nation. They cited various scientific publications and went on to
explain that the fact that the Silesians formed a distinct group had already
been acknowledged at the end of the First World War; moreover, the
Silesians had always sought to preserve their identity and had always
formed a distinct group, regardless of whether Upper Silesia had belonged
to Germany or to Poland. Consequently, any comparison between them and
the Cracovians or Highlanders was totally unjustified, because the latter
groups neither regarded themselves as national minorities, nor had they ever
been perceived as such in the past. Finally, the applicants cited certain
letters of the Ministry of the Interior that had been published by the press
and which explained that the National and Ethnic Minorities Bill2 had
explicitly stated that a “declaration that a person belongs to a minority shall
not be questioned or verified by the public authorities”.
26. On 9 April 1997 the Governor of Katowice filed a pleading with the
court. He maintained his previous position. On 14 April 1997 he produced
two letters from the Ministry of the Interior (dated 4 February and 10 April
1997 respectively, and addressed to the Department of Civic Affairs of the
Office of the Governor of Katowice). The relevant parts of the letter of
4 February 1997 read:
“We share your doubts as to whether certain inhabitants of Silesia should be deemed
to be a national minority. We therefore suggest that you submit your observations to
the court, indicating those doubts, and that you ask the court to grant you leave to join
the proceedings as a party.
1. The Sejm is the lower house of the Polish parliament.
2. Ultimately, that bill was never adopted by Parliament. A new bill on national and ethnic
minorities in the Republic of Poland (“the 2002 National and Ethnic Minorities Bill”) was
submitted to Parliament on 11 January 2002.