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)

Abstract

The commented ruling of the ECHR of 16 June 2022 in the case Żurek v Poland concerned the crucial issue of judges' freedom of expression. It is particularly significant in the context of the recent changes concerning the judiciary in Poland and the associated threats to judicial independence and the independence of judges, which were manifested, inter alia, by numerous disciplinary proceedings initiated against judges. The authors present the main facts and legal issues concerning the case, as well as the findings of the Court and the judgement. They also refer to other previous judgments relevant to this context. The authors fully endorse the position of the Court that a judge has not only the right but also a duty to speak out on the rule of law in case the reforms introduced in the country constitute a violation of the constitutional principle of a democratic state based on the rule of law.