Miris document ID: 1028798122620
Gorzelik and others v Poland
Author: European Court of Human Rights
Language: English
Source: The European Court of Human Rights
Country: Poland
Category: judgment/decision
Government level: International
Guiding principle: Considering that the Polish authorities had acted reasonably, in order to protect the country's electoral system, the Court held, unanimously, that there had been no violation of Article 11.The Court considered that the applicants could easily have dispelled the doubts voiced by the authorities, in particular by slightly changing the name of their association and by sacrificing, or amending, a single provision of the memorandum of association. Those alterations would not, in the Court's view, have had harmful consequences for the Union's existence as an association and would not have prevented its members from achieving their objectives. Pluralism and democracy were based on a compromise that required various concessions by individuals and groups of individuals, who must sometimes be prepared to limit some of their freedoms so as to ensure the greater stability of the country as a whole. This was particularly true regarding the electoral system, which was of paramount importance for any democratic State.
Date of judgement: 2001-12-20
Document number: 44158/98
Official version: yes
Legally binding: yes
Subject areas: administrative authorities; freedom of assembly; freedom of association; identity; language; non-discrimination; official language; right of association
Minority groups: Silesians
Related laws: Constitution of Poland; Law of 7 April 1989 on Associations (as amended); Law of 28 May 1993 on Parliamentary Elections (repealed after the entry into force of the Law of 12 April 2001 on Elections to the Sejm and Senate of the Republic of Poland); Civil Code

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