EU Court Finds Polish Constitutional Court Unindependent

The European Court of Justice ruled on Thursday that Poland’s Constitutional Court lacks independence and impartiality, invalidating its 2021 decisions that challenged the alignment of European Court rulings with Poland’s constitution.

EU Court Decision

On Thursday, the European Court of Justice declared that Poland’s Constitutional Court failed to meet the required standards of independence and impartiality. The ruling annuls the court’s July 14 and October 7, 2021 judgments that questioned the compatibility of European Court of Justice rulings with Poland’s constitution.

Advocate General’s Assessment

In March, the court’s Advocate General issued an opinion supporting the European Commission’s complaint, labeling the Polish Constitutional Court’s actions a “unprecedented rebellion.” He argued that the court’s violations could not be justified by national law or the constitution, stating they “seriously undermine the precedence, autonomy, and effectiveness of EU law.” He noted that judges of the European Court of Justice usually align with their advocates general’s views.

Background of the Dispute

The conflict began when Poland’s Constitutional Court invalidated EU Court rulings, prompting an EU Commission complaint in 2023. The dispute had spanned several years, culminating in the recent judgment that effectively ended the legal battle.

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