November 28
2021
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14th October 2021
Human Rights Justice & Litigation

Op-Ed: “One man against the system – the story of judge Waldemar Żurek and the Court of Justice’s judgment in W.Ż.” by Jakub Jaraczewski

Largely overshadowed by the dramatic events at the Polish Constitutional Tribunal that unfolded on the next day, the Court of Justice’s judgment in W.Ż. (C-487/19)  became another steppingstone in the process of building the Luxembourg-based Court’s case law on the rule of law in Poland. Given the subsequent decision of the Polish Constitutional Tribunal in case K 3/21 where the Polish court issued a direct challenge to the primacy of EU law and to the Court of Justice’s rulings regarding the independence of judiciary, the W.Ż. judgment becomes all the more important.

The case stems from a referral made by the Civil Chamber of the Polish Supreme Court – one of the ‘old’ Chambers of the Supreme Court which had at that point not bee

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