Poland - June 2023

The Court of Justice of the EU ruled on 5 June that judicial reforms passed in December 2019 infringe on EU law. The case was brought by the European Commission and covered five complaints in relation to the independence and private life of judges. The ruling held that requiring judges to disclose previous political membership and participation in associations infringes on the right to respect for private life, as it may reveal personal beliefs and expose them to stigmatisation. In a separate case, the European Court of Human Rights (ECHR) found that Poland violated the rights of Igor Tuleya, a judge who vocally opposed the government’s judicial reforms. Tuleya was stripped of immunity, suspended from work, and charged with unauthorised disclosure of information to the public in 2020. The ECHR found infringements on Tuleya’s right to a fair trial, respect for private life and freedom of expression.

Sources: Court of Justice of the EU (1), Court of Justice of the EU (2), Euronews, Notes from Poland (1), Notes from Poland (2), European Court of Human Rights, Onet