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)
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...
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| Format: | Article |
| Language: | English |
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University of Bialystok, Faculty of Law
2023-12-01
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| Series: | Eastern European Journal of Transnational Relations |
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| Online Access: | https://eejtr.webdev.net/article/view/828 |
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| author | Anna Rytel-Warzocha Andrzej Jackiewicz |
| author_facet | Anna Rytel-Warzocha Andrzej Jackiewicz |
| author_sort | Anna Rytel-Warzocha |
| collection | DOAJ |
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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.
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| format | Article |
| id | doaj-art-bbff582667754656aa82ed2e4e515936 |
| institution | DOAJ |
| issn | 2544-9737 |
| language | English |
| publishDate | 2023-12-01 |
| publisher | University of Bialystok, Faculty of Law |
| record_format | Article |
| series | Eastern European Journal of Transnational Relations |
| spelling | doaj-art-bbff582667754656aa82ed2e4e5159362025-08-20T02:55:25ZengUniversity of Bialystok, Faculty of LawEastern European Journal of Transnational Relations2544-97372023-12-017210.15290/eejtr.2023.07.02.10Commentary 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)Anna Rytel-Warzocha0Andrzej Jackiewicz1University of GdańskUniversity of Białystok 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. https://eejtr.webdev.net/article/view/828freedom of expressionrule of lawindependence of judgesindependence of judiciarydisciplinary proceedingsreforms of judiciary |
| spellingShingle | Anna Rytel-Warzocha Andrzej Jackiewicz 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) Eastern European Journal of Transnational Relations freedom of expression rule of law independence of judges independence of judiciary disciplinary proceedings reforms of judiciary |
| title | 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) |
| title_full | 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) |
| title_fullStr | 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) |
| title_full_unstemmed | 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) |
| title_short | 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) |
| title_sort | commentary to the judgment of the echr of 16 june 2022 zurek v poland chamber section i application no 39650 18 on freedom of expression of judges |
| topic | freedom of expression rule of law independence of judges independence of judiciary disciplinary proceedings reforms of judiciary |
| url | https://eejtr.webdev.net/article/view/828 |
| work_keys_str_mv | AT annarytelwarzocha commentarytothejudgmentoftheechrof16june2022zurekvpolandchambersectioniapplicationno3965018onfreedomofexpressionofjudges AT andrzejjackiewicz commentarytothejudgmentoftheechrof16june2022zurekvpolandchambersectioniapplicationno3965018onfreedomofexpressionofjudges |