CEDH · PRESS;HEARINGS;ENG — 17 mai 2001

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POLAND   Thursday 17 May 2001 at 9.30 a.m.   The applicants   The case concerns an application brought by three Polish nationals: Jerzy Gorzelik, born in 1971, who is a university teacher residing in Katowice; Rudolf Kołodziejczyk, born in 1940, who is an economist residing in Rybnik; and Erwin Sowa, born in 1944, who is a steelworker residing in Katowice.   Summary of the facts   The applicants – who are Silesians from Upper Silesia – together with one hundred and ninety other persons, decided to form an association called the “Union of People of Silesian Nationality” ( Związek Ludności Narodowości Śląskiej ).   On an unknown date a memorandum of association was adopted and the applicants were elected to the provisional management committee. On 11 December 1996 the applicants lodged an application for the registration of their association with the Katowice Regional Court ( Sąd Wojewódzki ).   On 24 June 1997 a single judge, sitting in camera as the Katowice Regional Court, granted the application and registered their association. However, on 24 September 1997, on the Katowice Governor’s appeal, the decision was set aside on the ground that the memorandum of association used the terms “Silesian nation” and “Silesian national minority” which, in the Court of Appeal’s opinion, would have enabled the applicants to profit – unjustifiably – from certain privileges accorded under election law to organisations of national minorities.   Under Polish election law, such organisations are exempt from being required to reach the 5 % threshold of votes needed to participate in the distribution of seats in Parliament.   The applicants lodged a cassation appeal. On 18 March 1998, a panel of three judges, sitting as the Administrative, Labour and Social Security Chamber of the Supreme Court, dismissed the applicants’ appeal, stating that it was “contrary to the public order to create a non-existent nation which would be able to profit from the privileges conferred by law solely on national minorities”.   Complaint   The applicants complain that their right to associate with others, guaranteed under Article 11 of the European Convention on Human Rights, has been violated.           Procedure   The application was lodged with the European Commission of Human Rights on 18 June 1998 and registered on 29 October 1998. Under the transitional provisions of Protocol No. 11 to the Convention, the case was transmitted to the European Court of Human Rights on 1 November 1998. The hearing is being held both on the admissibility and merits of the case.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Georg Ress (German), President , Antonio Pastor Ridruejo (Spanish), Lucius Caflisch [1] (Swiss), Jerzy Makarczyk (Polish), Volodymyr Butkevych (Ukrainian), John Hedigan (Irish), Snejana Botoucharova (Bulgarian), judges , Ireneu Cabral Barreto (Portuguese), Nina Vajić (Croatian), Matti Pellonpää (Finnish), substitute judges ,   and also Vincent Berger , Section Registrar .   Representatives of the parties   Government:   Krzysztof Drzewicki , Agent ,   Renata Kowalska , Counsel ,   Kazimierz Wojciech Czaplicki and Dobiesław Rzemieniewski , Advisers ;   Applicants:   Sławomir Waliduda , Counsel .   Jerzy Gorzelik will also attend the hearing.   *** After the hearing the Court will begin its deliberations, which are held in private.   Decision on the admissibility of the application will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (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. [1] Judge elected in respect of Liechtenstein.