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

Title / Series / Name
Publication Volume
Publication Issue
Pages
Editors
Keywords
Judges
Judicial independence
Legal mobilisation
Rule of law
Political Science and International Relations
Law
SDG 16 - Peace, Justice and Strong Institutions
URI
https://hdl.handle.net/20.500.14018/27626
Abstract
The 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.
Topic
Publisher
Place of Publication
Type
Journal article
Date
2023-12-01
Language
ISBN
Identifiers
10.1007/s12027-023-00778-1
Publisher link
Unit