Żurek v Poland – when judges become rule of law actors. Challenges and achievements of judicial mobilisation in Poland

Abstract

AbstractThe article analyses the main consequences of Żurek v Poland, decided by the European Court of Human Rights in June 2022. The Court developed its interpretation of Article 10 of the European Convention on Human Rights with regard to judges’ public speech in dealing with judicial independence and the rule of law. In this context, the article discusses judicial mobilisation regarding the undermining of judicial independence in Poland and judges becoming ‘rule of law actors’ when rule of law backsliding threatens constitutional principles such as judicial independence or the separation of powers. It also discusses the role of judicial associations in coordinating such mobilisation.