The ECtHR extends its protection to Polish judges with the granding of temporary measures not to remove their judicial immunity!

JUDGMENT

Zawiślak v. Poland (app.  no. 18632/22), Głowacka v. Poland (app. no. 15928/22), Hetnarowicz-Sikora v. Poland (app.  no.9988/22) 17.08.2022

PRINCIPAL FACTS AND THE DECISION OF THE COURT…

The applicant, Tomasz Aleksander Zawiślak, is a judge of the Wrocław-Śródmieście District Court. He
was involved in an accident with a moped in September 2020 and the State Prosecutor’s Office
subsequently sought the removal of his judicial immunity with a view to bringing charges against him
for causing a traffic accident.

The other two judges are Anna Głowacka, a Kraków Regional Court judge, and Joanna Marta
Hetnarowicz-Sikora, a judge in the Słupsk District Court. They both risk suspension for having
applied, in their judicial decisions, the European Court’s case-law and the rulings of the Court of
Justice of the European Union relating, in particular, to the Disciplinary Chamber of the Supreme
Court and the National Council of the Judiciary (NCJ).

The Court indicated interim measures, under Rule 39 of the Rules of Court, in all three judges’ cases
in February and April 2022. See the statement of facts in the Zawiślak case and the press releases of
24.03.2022 and 31.03.2022 in the other two cases.

On 15 August 2022 the Court amended the interim measures in all three cases, following the same
wording outlined in its press release of 10.08.2022 concerning the cases Wróbel v. Poland, which is
similar to that of Mr Zawiślak, and the cases Synakiewicz v. Poland, Niklas-Bibik v. Poland and
Piekarska-Drążek v. Poland, which are similar to those of Ms Głowacka and Ms Hetnarowicz-Sikora.

In particular, the Court requested that it be informed – at least 72 hours beforehand – of any hearing
(rozprawa) or in camera session (posiedzenie) scheduled in the applicants’ cases before any body
competent under the domestic law to deal with their cases.

In all three cases the Government were also requested to inform the Court and the applicants of: the
composition of the panel which is to examine their case; and, the manner in which members of that
panel were appointed to judicial office.

The Court also decided to give immediate notice of the amended measure adopted in Mr Zawiślak’s
case to the Committee of Ministers.