Judges Under Pressure: Judicial Reforms in Poland and Their Impact on Judges’ Freedom of Expression in the Adjudication Process
摘要
This article examines the impact of judicial reforms in Poland, implemented since 2015, on judges’ freedom of expression, particularly within the framework of dispersed constitutional review. The analysis focuses on how these reforms have undermined judicial independence and created an environment where judges face increasing political pressure and disciplinary actions. The article argues that while dispersed constitutional review offers a crucial mechanism for safeguarding constitutional supremacy, its effectiveness hinges on the ability of judges to freely express their constitutional concerns without fear of reprisal. The reforms targeting the Constitutional Tribunal, combined with the expansion of disciplinary proceedings and the establishment of controversial bodies like the Disciplinary Chamber, have created a chilling effect on judges, discouraging them from engaging in robust constitutional scrutiny and fostering self-censorship. Through selected case studies, this article demonstrates how disciplinary actions are used to suppress judicial independence, often targeting judges who dare to challenge governmental actions. Despite these pressures, many Polish judges continue to exercise their right to conduct dispersed constitutional review, showcasing their commitment to the rule of law. However, the article concludes that the current system is unsustainable and threatens the very foundations of a democratic society. Protecting and strengthening judicial independence and the freedom of expression of the judiciary is essential to ensure the effective operation of dispersed constitutional review and to safeguard against arbitrary government action. Therefore, the article calls for a re-evaluation of the measures eroding judicial independence in Poland and the adoption of concrete steps to reinforce the separation of powers, protect judicial autonomy and the freedom of expression of the judiciary.