The European Court of Justice (ECJ) has delivered a stark rebuke to Poland, ruling in favor of the European Commission’s infringement proceedings and finding that Warsaw has violated fundamental principles of EU law. The judgement, released on Thursday, centers on actions by the Polish Constitutional Court, which the ECJ deems to have undermined the effective judicial review process, as well as the autonomy, primacy and uniform application of EU law.
At the heart of the dispute are rulings issued by the Polish Constitutional Court in July and October 2021. These decisions controversially declared certain provisions of the EU treaties incompatible with the Polish constitution, effectively stripping national courts of the authority to scrutinize the judicial appointment process. The European Commission swiftly launched an infringement action in response, arguing that Poland was attempting to circumvent the established legal order.
The ECJ’s ruling decisively rejects Poland’s argument that it can invoke its “constitutional identity” to shield itself from upholding core EU values, specifically the rule of law and judicial independence. The court specifically scrutinized the appointments of three judges and the president of the Polish Constitutional Court, finding them to be tainted by procedural irregularities which fail to meet the standards required for an independent and impartial judiciary under EU law (Case C-448/23).
This decision carries significant political weight, escalating a long-running standoff between Warsaw and Brussels. Critics argue that the actions of the Polish Constitutional Court represent a deliberate attempt to consolidate political control over the judiciary, effectively eroding the separation of powers and undermining the integrity of the legal system. The ECJ’s judgement is seen as a critical defense of the EU’s legal framework and a warning to other member states contemplating similar maneuvers to challenge the supremacy of EU law.
However, the ruling is likely to further inflame tensions within Poland, where proponents of the Constitutional Court’s actions are framing them as a defense of national sovereignty. The potential for continued defiance and escalating legal challenges remains a significant concern for the European Union, raising questions about the long-term implications for the bloc’s commitment to upholding the rule of law across its member states and its overall cohesion.