Court of Justice of the European Union: The Polish Constitutional Tribunal violated EU law by not respecting our judgments

The Court of Justice of the European Union ruled that the Polish Constitutional Tribunal violated Union law by not respecting the judgments of the Court of Justice of the European Union. The Constitutional Tribunal also does not meet the requirements of an independent and impartial court established beforehand by law, due to irregularities in the appointment of three of its members and its president.

In its judgment, the Court of Justice of the European Union fully upheld the complaint of the European Commission lodged after the Constitutional Tribunal issued two rulings undermining the primacy of Union law over national law in the Community.

The Court of Justice of the European Union found that Poland had failed to fulfil its obligations under European Union law.

In its judgment, the Court of Justice of the European Union emphasized that Poland cannot invoke its constitutional identity in order to evade respecting the common values set out in Article 2 of the Treaty on European Union, such as the rule of law, effective judicial protection and the independence of the judiciary.

“These values constitute the very foundation of the identity of the Union itself, which Poland joined voluntarily. After accession (of Poland to the European Union – PAP), these values find their concrete expression in legally binding obligations from which the Member States cannot exempt themselves,” ruled the Court of Justice of the European Union. (18.12.2025)