The European Court of Justice ruled on Thursday that Poland’s Constitutional Tribunal was not impartial, sparking a backlash from politicians across the spectrum.
European Court of Justice ruling
The EU Court of Justice (TSUE) declared on Thursday that Poland’s Constitutional Tribunal was not an independent and impartial court, citing improper appointment of three judges and the president, and repeated violations of EU law. The complaint, filed by the European Commission in 2023, concerns the Tribunal’s rulings of 14 July and 7 October 2021 that questioned EU law’s compatibility with the Polish Constitution.
Responses from Poland’s political leaders
Members of parliament on both sides of the aisle condemned the decision. EU lawmaker Dariusz Joński announced the ruling on X, accusing the Tribunal of irregularities and urging PiS to “start packing”. Left‑leaning MEP Krzysztof Śmiszek called the TSUE’s stance “clear and decisive” and warned that PiS must stop its “manipulations”. Other MEPs added their own criticisms: Kory Budka said the Tribunal “was seized illegally” and demanded that prosecutor Święczkowski “collect his thoughts”; Government spokesperson Adam Szłapka expressed optimism that a “state of law” would be rebuilt; Justice Minister Waldemar Żurek stressed the need for a genuine, independent Tribunal. Premier Beata Szydło declared the ruling an “usurpation and illegality”, asserting that EU judges cannot surpass Poland’s constitutional system.
Legal and sovereignty concerns raised
Former Judge Krystyna Pawłowicz described the decision as a “legal coup against Polish sovereignty” that undermines the constitutional structure and the Tribunal’s role in protecting the Constitution. MEP Krzysztof Szczucki argued that restoring the Tribunal requires constitutional reform, not intervention from Luxembourg. MEP Janusz Kowalski warned that “the EU Court’s attack on the Tribunal is politically motivated and reflects the desperation of Eurocrats trying to build a state called the European Union”.
