The case of Julia Landowska and the slo

In 2021, during a protest against the so-called CT ruling on abortion, 21-year-old student Julia Landowska desperately shouted “**** ***”. A court fined her PLN 50 for violating Article 141 of the Code of Offences, which prohibits the use of obscene words in a public place. Professor Michał Romanowski, who represented Julia, appealed the verdict.

“8 out of 10 adults use vulgarities, and their use is not always indecent. It all depends on the context of the speech. Often vulgarisms are a vehicle for expression. “Je…ć PiS” became a slogan for protests in which hundreds of thousands of people participated, it became an expression of rebellion and dissatisfaction with the actions of the authorities just as the cry “Down with communism” used to be,” says Prof. Romanowski.

Last week, more than two years after the incident, a hearing was held. However, the case has not been resolved.

Prof Romanowski expresses impatience: “The case is not about 50 zloty, but it is about the right to protest, about freedom of speech and expressing opposition to the actions of the authorities. For the court, the case should be clear: the defendant admits the act, but disagrees that it is an offence. I do not want to engage in political threads, but it is worth noting that the time to resolve this case is approaching the parliamentary elections. The authorities who use the criminal law to prohibit the manifestation in public space of a critical assessment of their conduct with slogans such as ‘j**** PiS’ or ‘P******* any government’ are behaving like the authorities in totalitarian systems allowing only favourable assessments of the ruling party” .

People supporting Julia picketed in front of the court in Gdansk. They chanted “You won’t walk alone” and “It’s all about now”.

“Human rights, including the right to protest, should be upheld by an independent court. The fight for the rule of law is a fight for human rights. The executive, which is taking control of the judiciary, is doing so to control not only business and its opponents and to ensure impunity. The actions of the police – the filing of a motion to punish Yulia for protesting against the decisions of the politicised Constitutional Court 9 months after the events – shows that the authorities are ready to fight even the slightest manifestations of disobedience.” – says Prof. Michal Romanowski.

“I was lucky to have a professor representing me, without him I wouldn’t have been so bold, because after the first summonses to the police station I was terrified. “(…) Here it is no longer about the amount of the fine (…) It is about the principles of justice. In his expert report, the professor proves what those protests and that cry were about, that it symbolised the powerlessness of the young women who were fighting for their rights. Some of us got fined and paid them because, for example, they didn’t have the opportunity to travel to a court a few dozen kilometres away, others took the professor’s opinion and their cases were dropped. I hope that this will also be the case for me.” – Julia Landowska says.

French judges, prosecutors and lawyers benefit from the experience of Judge Paweł Juszczyszyn and Professor Michał Romanowski on how to fight for the rule of law

The French National School of Judges and Prosecutors invited Michal Romanowski to participate in a training course for French judges, prosecutors and lawyers held in Paris on 3 and 4 July 2023.
French lawyers wanted to delve deeper into the methods an authoritarian power uses to control the judiciary, prosecution and legal profession, and what actions it uses to try to undermine the rule of law, which independent judges, prosecutors and courageous lawyers uphold together.

The training was led by, among others:

  • Claire BAZY MALAURIE, President of the Venice Commission bringing together Europe’s most eminent constitutional law specialists;
  • Laurent PECH, Professor of European Law, Middlesex University London, Jean Monnet Chair of Public Law, one of the professors most engaged in Europe on violations of the rule of law and human rights in Poland since 2015;
  • Paweł JUSZCZYSZYN, with the participation of Hania GOUTIERRE, a French-Polish lawyer specialised in international business and very committed to defending the rule of law in Poland.
  • Michał ROMANOWSKI, professor of private law at the University of Warsaw and an attorney at our law firm, attorney for Polish judges repressed by those in power.

Michał Romanowski participated in a panel with Judge Paweł Juszczyn, and independently gave a lecture entitled “Everyday life of a lawyer in the context of the limited rule of law: what is lost, what is possible, what must be faced?”.

The aim of Michal Romanowski’s lecture was to convey to leading French judges, prosecutors and lawyers through concrete examples that:
it is impossible to build a lawless state without lawyers obedient to authority;
the rule of law is not a matter of politics, but a guarantee of freedom from the fear of the governed against the governed;
an independent judge needs a free lawyer to defend the independence of the judiciary, and a free lawyer needs an independent judge to defend the freedom of the lawyer fighting for the independence of the judiciary. We all need free judges to defend our freedom against those in power;
yesterday there was Hungary, today there is Poland, and tomorrow there will be France and other countries of the European Union. It is enough to have knowledge of European history, to “read” the present and to have an imagination of what authoritarianism can lead to;
a judge, a barrister, a solicitor and a prosecutor cannot just be, but have to want to be and to be. These professions are united by an oath to uphold the law, i.e. to fight for the rule of law in defiance of those in power, whom it is the law that ‘restrains’ from subjugating the governed;
autocratic power always seeks to subjugate business according to the principle of ‘divide and rule’, i.e. to create oligarchic relations in business.

Michał Romanowski has already been invited to further training courses for French lawyers.

Open’er music festival in Gdynia

Professor Michał Romanowski performed at the Open’er music festival in Gdynia. Not with a guitar, but in a discussion on quotas, equality and intergenerational cooperation. The panel, which also included Dr Hanna Machińska, Paulina Kędzierska from Młodzi o Polityce and Advocate Jan Suchanek, was organised as part of the Tour de Konstytucja initiative. Michał Romanowski discussed with festival goers the importance of democracy and the importance of taking care of it, and encouraged people to vote in elections. The slogan of the Tour de Konstytucja at Open’er is “Vote for Poland”, and Michał Romanowski’s message is “Who we are is determined more by our choices than our skills” and “The future is here and now”.

A recording of the panel discussion can be viewed here: Link

A conversation with Judge Paweł Juszczyszyn and Michał Romanowski about what lawyers do at festivals: Link