The European Court of Justice (ECJ) has ruled that Poland’s Constitutional Tribunal violated key principles of EU law by prioritising national law over EU legislation.
The court stated that the Polish Constitutional Tribunal is “neither independent nor impartial.”
Concerns were raised over irregularities in the appointment process of three judges and the tribunal’s president.
This ruling pertains to two controversial decisions made by the tribunal in 2021, which the European Commission argued undermined the supremacy of EU law. Under EU rules, European legal standards must take precedence over national laws in areas governed by the Union.
The European Court of Justice reaffirmed that Poland cannot use its constitutional identity as a justification to disregard values embedded in Article 2 of the Treaty on European Union.
These values include the rule of law, judicial independence, and effective legal protection.
The court emphasised that these principles form the foundation of the EU and bind all Member States. Poland joined the EU voluntarily and is obligated to adhere to these legally binding commitments.
Additionally, the court found that appointments made to the Polish Constitutional Tribunal in December 2015 were in breach of fundamental procedures.
As a result, the tribunal does not meet the EU standards for a legally established, independent, and impartial judicial body.
