In Polish law, freedom of expression is one of the fundamental rights of an individual guaranteed in the Constitution and in the norms of international law binding on Poland. However, this is not an unlimited right. In the case of judges, the Polish legislator has provided certain limits. They result primarily from the special position of judges in the system of authorities and their specific public function. This study attempts to find answers to the questions: Can a judge participate in public debate, express his opinions on current reforms of the judicial system, or comment on political events?

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The Right to Freedom of Expression of a Judge and Its Limits in the Polish Legal System

  • Agnieszka Malicka

摘要

In Polish law, freedom of expression is one of the fundamental rights of an individual guaranteed in the Constitution and in the norms of international law binding on Poland. However, this is not an unlimited right. In the case of judges, the Polish legislator has provided certain limits. They result primarily from the special position of judges in the system of authorities and their specific public function. This study attempts to find answers to the questions: Can a judge participate in public debate, express his opinions on current reforms of the judicial system, or comment on political events?