Judges form a special legal corps which, as the bearer of the judiciary’s authority, has an exceptionally important systemic and social mission to fulfil. Since 2017, as part of a package of legislative changes to the judiciary, a disciplinary system has been in place in Poland to ensure that judges are subservient to political will. As a result, judges who were against unconstitutional changes to the judiciary were subject to removal at gunpoint. Notably, many judges have shown remarkable “ethical courage” in the fight for respect of constitutional standards. This paper presents examples of this “ethical courage”.

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Judges Under Pressure: A Few Remarks About “Ethical Courage” of Judges in Poland

  • Maciej Serowaniec,
  • Zbigniew Witkowski

摘要

Judges form a special legal corps which, as the bearer of the judiciary’s authority, has an exceptionally important systemic and social mission to fulfil. Since 2017, as part of a package of legislative changes to the judiciary, a disciplinary system has been in place in Poland to ensure that judges are subservient to political will. As a result, judges who were against unconstitutional changes to the judiciary were subject to removal at gunpoint. Notably, many judges have shown remarkable “ethical courage” in the fight for respect of constitutional standards. This paper presents examples of this “ethical courage”.