Gorzelik and others v. Poland, (44158/98)  ECHR
Facts: The applicants and 190 others attempted
to form an association gathering the minority of Silesian people but the
Polish authorities refused to register the association on the ground that
their real intention was to circumvent the provisions of the electoral law.
The appeals against that decision failed.
Holding: the refusal to register the applicants' association could be regarded as having been "necessary in a democratic society". The Court found no violation of Article 11.
Reasoning: the Court found an interference with the applicants' right to freedom of association and that the interference was justified because it "pursued a legitimate aim", namely the need to protect domestic law and the rights of other ethnic groups.
The lack of an express definition of the concept of a
"national minority" in Polish legislation did not imply that
Comparative Bills of Rights || Freedom of Association