The European Court of Justice (ECJ) ruled on Thursday that Poland’s Constitutional Tribunal is not an independent and impartial court, citing violations of EU law and a 2023 Commission complaint.
ECJ Declares Constitutional Tribunal Lacks Independence
The ECJ held that Poland’s Constitutional Tribunal does not meet the standards of an independent and impartial court. This finding was based on rulings dated 14 July and 7 October 2021 that challenged the compatibility of ECJ decisions with the Polish constitution.
Commission Complaint Sparks Tribunal Decision
In 2023 the European Commission filed a complaint with the ECJ over Polish judicial reforms implemented during PiS governance. The ECJ’s judgment is a response to that complaint and to the contested 2021 Constitutional Tribunal rulings.
Irregularities in Judge Appointments Highlighted
The ECJ noted that appointing three judges to the Constitutional Tribunal in December 2015 and its president in December 2016 violated basic EU procedural rules regarding judicial nominations in Poland.
EU Advocate Calls Rebellion Unprecedented
In March, the General Advocate of the ECJ issued an opinion agreeing with the Commission, labeling the situation an “unprecedented rebellion.” He warned that such violations cannot be justified by national law or the constitution.
Broader Impact on Polish Rule of Law
The ECJ stressed that Poland cannot rely on constitutional identity to escape shared values of the Union, such as the rule of law, effective judicial protection, and judicial independence. These values are embedded in binding EU obligations that member states must uphold.
