EU Court Declares Poland’s Constitutional Tribunal Non‑Independent, Justice Minister Warns About Rule‑of‑Law Breach

Polish Justice Minister Waldemar Zurek reacts to the European Court of Justice ruling declaring Poland’s Constitutional Tribunal non‑independent, warning that the country’s rule‑of‑law safeguards had been compromised.

Minister Zurek Responds to EU Court Ruling

Justice Minister Waldemar Zurek said the European Union court had clearly stated that the Constitutional Tribunal, by including three judges who did not meet proper election criteria, could not issue binding judgments. He warned that this outcome could endanger the rule of law in Poland.

EU Court Declares Polish Constitutional Tribunal Lacks Impartiality

On 18 December, the Court of Justice of the EU ruled that Poland’s Constitutional Tribunal is not impartial and has breached fundamental EU rule of law principles. The decision followed complaints filed by the European Commission in 2023.

Legal Issues around Judge Appointments

Zurek highlighted long‑standing problems with so‑called “judge‑doubles,” individuals appointed in violation of the law. He cited the flawed selections of the tribunal’s current president, Bogdan Święczkowski, and acting judge Julia Przyłębskiej.

Rule‑of‑Law Concerns and EU Values

The court noted that Poland, as a voluntary EU member, must respect shared values such as state sovereignty, effective judicial protection, and judicial independence. It stressed that national courts cannot unilaterally set the scope of EU‑granted competencies.

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