Poland’s Rule of Law Breakdown Continued: Judge Żurek’s Battle for Judicial Independence Within the European Human Rights Framework

Abstract

Judicial independence and rule of law in Poland have been increasingly under challenge before national and European courts. Departing from a case study of Judge Żurek, an emblematic figure of the Polish judicial community prosecuted for criticizing the post-2015 judicial reforms, this article assesses how the European Human Rights framework can play out in a particular case of a judge defending the rule of law in his country. After having outlined the circumstances of his prosecution, it follows his journey to Luxembourg and Strasbourg. Namely, it lays out the legal issues before the Courts and examines the standards they establish, commenting on how they translate into prospects of redress. It finds that, while both the cjeu and the ECtHR establish standards on court transfers, judicial nominations, premature termination of office or the link to freedom of expression, the level of judicial independence required for their successful implementation creates a paradox.