beobachter2
07.08.03, 19:11
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2.7.2003
Press release issued by the Registrar
GRAND CHAMBER HEARING ON THE MERITS IN THE CASE OF
GORZELIK AND OTHERS v. POLAND
Wednesday 2 July 2003 at 9 a.m.
The applicants
The case concerns an application (no. 44158/98) brought by three Polish
nationals who are all from Upper Silesia. They are Jerzy Gorzelik, born in
1971, who is a university lecturer living in Katowice (Poland), Rudolf
Kołodziejczyk, born in 1940, who is an economist living in Rybnik (Poland)
and Erwin Sowa, born in 1944, who is a steelworker living in Katowice.
Summary of the facts
The applicants and 190 others attempted to form an association called
the "Union of People of Silesian Nationality" (Związek Ludności Narodowości
Śląskiej). The Polish authorities refused to register the association on the
ground that both the intended name and certain provisions of the union’s
memorandum of association, which characterised Silesians as a "national
minority", suggested that their real intention was to circumvent the
provisions of the electoral law. Also, had the members of the Union been
recognised as a "national minority", they would automatically have gained
unqualified and legally enforceable privileges. The appeals against that
decision failed.
Complaint
The applicants complain that the decision not to register their association
violated their right to freedom of association, guaranteed by Article 11 of
the European Convention on Human Rights.
Procedure
The application was lodged with the European Commission of Human Rights on 18
June 1998 and transmitted to the European Court of Human Rights on 1 November
1998. It was declared admissible on 17 May 2001.
In its Chamber judgment of 20 December 2001, 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 (freedom of association). The applicants requested that the case
be referred to the Grand Chamber (Article 43 of the Convention) and the panel
of the Grand Chamber accepted the request on 10 July 2002
Composition of the Court
The case will be heard by the Grand Chamber composed as follows:
Luzius Wildhaber (Swiss), President,
Christos Rozakis (Greek),
Jean-Paul Costa (French),
Georg Ress (German),
Giovanni Bonello (Maltese),
Pranas Kūris (Lithuanian)
Riza Türmen (Turkish),
Viera Strážnická (Slovakian),
Corneliu Bîrsan (Romanian),
Boštjan Zupančič (Slovenian),
Hanne Sophie Greve (Norwegian),
Egil Levits (Latvian),
Anatoli Kovler (Russian),
Antonella Mularoni (San Marinese),
Elisabeth Steiner (Austrian),
Stanislav Pavlovschi (Moldovan),
Lech Garlicki (Polish), judges,
Josep Casadevall (Andorran), substitute judge,
and also Paul Mahoney, Registrar.
Representatives of the parties
Government: Krzysztof Drzewicki, Agent, Renata Kowalska, Counsel, Kazimierz
Wojciech Czaplicki, Małgorzata Kosicka, Danuta Głowacka-Mazur, Dobiesław
Rzemieniewski and Renata Hliwa, Advisers;
Applicants: Sławomir Waliduda, Counsel, Magdalena Krygiel-Bartoszewicz and
Dariusz Tychowski, Advisers.
Jerzy Gorzelik will also attend the hearing.
***
After the hearing the Court will begin its deliberations, which are held in
private. Judgment will be delivered at a later date.
Registry of the European Court of Human Rights
F – 67075 Strasbourg Cedex
Contacts: Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)
Joanna Reynell (telephone: +00 33 (0)3 90 21 42 15)
Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54)
Fax: +00 33 (0)3 88 41 27 91
The European Court of Human Rights was set up in Strasbourg in 1959 to deal
with alleged violations of the 1950 European Convention on Human Rights. On 1
November 1998 a full-time Court was established, replacing the original two-
tier system of a part-time Commission and Court.
