Limitation of Freedom of Speech of Judges in Polish Law and the Procedural Guarantee of the Principle of Objective Impartiality – Considerations Against the Background of Civil Procedure

Abstract

This article addresses the issue of the limits of judges' freedom of speech within the Polish legal order, analyzing it through the prism of the procedural guarantee of the objective impartiality of the court. In the face of the growing activity of judges in public debate and social media, the author raises the question of the admissibility and justification of their exercise of the constitutional freedom of speech.

The study points out that judges, although enjoying special systemic privileges (including independence, high remuneration, immunity), are subject to rigorous restrictions and ethical obligations. According to legal provisions and the Code of Ethics, a judge must avoid behaviors that could bring disrepute to the dignity of the office or weaken trust in their impartiality. The citizen's right to a fair trial before an objective clashes with the judge's right to freely express their views, especially in the political and public spheres.

Speaking publicly, revealing the private or political convictions of a judge, may give rise to justified concerns on the part of the parties to the proceedings regarding their objectivity, thereby undermining the foundations of the administration of justice. Although the right to expression is not entirely taken away from judges (e.g., in scientific discourse or when defending the independence of courts, which is confirmed by the case law of the ECtHR), such situations require a case-by-case balancing of values based on the principle of proportionality.

Concluding, the article states that for the protection of objective impartiality, the overriding principle should be far-reaching restraint, or even striving for the silence of judges outside the courtroom. The restriction of freedom of speech constitutes in this case a necessary and systemically justified burden, which is adequately compensated by the state in the form of professional privileges.