Commentary to the judgment of the ECHR of 16 June 2022 Żurek v. Poland, Chamber (Section I), Application no. 39650/18 (on freedom of expression of judges)
Commentary to the judgment of the ECHR of 16 June 2022 Żurek v. Poland, Chamber (Section I), Application no. 39650/18 (on freedom of expression of judges)

Summary/Abstract: The commented ruling of the ECHR of 16 June 2022 in thecase Żurek v Poland concerned the crucial issue of judges' freedomof expression. It is particularly significant in the context of the recentchanges concerning the judiciary in Poland and the associated threatsto judicial independence and the independence of judges, which weremanifested, inter alia, by numerous disciplinary proceedings initiatedagainst judges. The authors present the main facts and legal issuesconcerning the case, as well as the findings of the Court and thejudgement. They also refer to other previous judgments relevant tothis context. The authors fully endorse the position of the Court thata judge has not only the right but also a duty to speak out on the ruleof law in case the reforms introduced in the country constitute aviolation of the constitutional principle of a democratic state basedon the rule of law.

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