The ECtHR issued a judgment in the case brought by Judge urek

The ECtHR found that the Polish authorities had not justified the lack of appeal procedure against the decision of the National Judicial Council to suspend Żurek’s order. I recall the judgment of the judge in March John Crisity The tribunal drew attention to the context of the reforms (including the reduction of the term of office of judges of the National Council of Judiciary and the violation of the right to a fair hearing in connection with the inability to appeal). The judiciary, which is commonly referred to as “the weakening of the independence of the judiciary and the weakening of the rule of law in Poland”.

“The government argued that the actions taken against Zurak were impartial and applicable to all judges and therefore did not conflict with his right to freedom of expression. However, the Court held that these actions should (more) be viewed in context“- ECTHR said. .

“As a judge and member and spokesperson of the National Council of the Judiciary, the applicant has not only the right to speak but also the duty to defend the rule of law and the independence of the courts,” the court stressed. Written in the ECHR report.

“This is another judgment of the tribunal that critically evaluates the changes in the judiciary that have been implemented in recent years,” commented the lawyer representing Żurek before the ECHR. Mikołaj Pietrzak in the message sent to PAP. “This time, the ECtHR also examined allegations that the judge’s right to defend his speech spoke in public debate and criticized changes that threatened the independence of the judiciary.Cooling effect ‘ And aims to prevent not only the complainant but also the judiciary community from expressing critical views on reforms in the judiciary, for fear of possible obstacles, ”added Petersack.

“As a judge it is very sad that I have to sue my country in European courts. ECTHR agreed with me on both charges. The term of office of the National Council of the Judiciary was illegally reduced. Government agencies, through their various actions, pressured me to limit the right to criticize.

Urek was elected to the National Court Register in 2010 and was elected in 2014 for a four-year term. In 2014, he also became spokesman for the council. He has repeatedly criticized the judicial changes brought about during the PIS regime. His order was suspended in early 2018 when the new rules went into effect. He was also fired as spokesman for the district court in Crago. There are 21 disciplinary proceedings pending against the judge.

The Ministry of Justice has not yet commented on the matter.