ECtHR: Żurek v. Poland (Application No. 39650/18, 16 June 2022)
Mateusz Wojtanowski
Abstract:The article is devoted to the analysis of the judge's freedom of expression in a constitutional crisis, using the ECtHR case of Żurek v. Poland as an illustration. The argument begins with a discussion of the facts of the case and the judgment. At this point, I argue that the category of discriminatory legalism is relevant to the facts of the case. Further, two interrelated problems are addressed, which are considered to be particularly relevant for the expression of the judge in the course of the constitution… Show more
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