The European Court of Justice’s recent ruling that Poland’s Constitutional Tribunal may not fully comply with European Union standards has raised critical questions about the validity of upcoming presidential elections.
ECJ delivers verdict on Poland’s Constitutional Tribunal
The European Court of Justice delivered a ruling on September 4 about Poland’s Constitutional Tribunal for Extraordinary Control and Public Affairs. This decision responded to a question posed by the Krakow Appellate Court. The ECJ concluded that Poland’s Constitutional Tribunal did not comply with European Union standards, potentially deeming tribunal decisions as non-existent under EU law. This decision reaffirmed a previous stance taken by the ECJ, which stated that this tribunal is not a legal body recognized by EU law.
Constitutional Tribunal’s ruling on presidential elections’ validity
On July 1, Poland’s Constitutional Tribunal ruled that the presidential elections on May 18 and June 1 were valid. Professor Artur Nowak-Far, an expert in commercial law at the Warsaw School of Economics, commented on the ECJ’s recent ruling and its implications.
Nowak-Far highlighted the principle of procedural autonomy, a legal principle which guarantees European Union member states the freedom to shape their own institutional frameworks independently. “ECJ decisions do not affect Poland’s Constitutional Tribunal’s prerogatives, which are protected by the principle of procedural autonomy. Presidential elections are a national matter and fall within the scope of this autonomy principle. The ECJ’s rulings must always be made in the context of EU law,” he said.
Scope of ECJ’s jurisdiction
Nowak-Far emphasized that the ECJ cannot rule on matters not related to EU law. He explained, “If, for example, a question concerning whether Poland’s Constitutional Tribunal has jurisdiction to judge the legality or election of any national authority in Poland were raised before the ECJ, the ECJ would have to decline to respond to this question, as it mainly concerns the context of EU law.”
