On December 18, the European Court of Justice ruled that Poland’s Constitutional Tribunal does not constitute an independent and impartial court, citing breaches of EU law in its 2021 rulings.
What exactly is at issue?
The Court’s judgement focuses on two Polish Constitutional Tribunal decisions from July 14 and October 7, 2021, which questioned the compatibility of the Court of Justice of the European Union’s rulings with the Polish constitution. The European Commission formally complained in 2023, prompting the EU Court’s intervention.
Constitutional Tribunal violated core EU law principles
The Tribunal’s ruling acknowledged the Commission’s complaint and found faults in Poland’s appointment procedures. The Court highlighted that the December 2015 appointment of three judges and the December 2016 appointment of the Tribunal’s President contravened basic EU nomination rules. It stated Poland could not invoke its constitutional identity to escape shared EU values such as the rule of law, effective judicial protection and judicial independence.
Assessment by the Advocate General
In March, the Advocate General of the European Court agreed with the Commission’s position, calling the Tribunal’s actions “unprecedented rebellion.” He stressed that violations of fundamental EU principles cannot be justified by national law or the constitution, and that such breaches seriously undermine the hierarchy, autonomy and effectiveness of EU law.
