The European Union’s highest court issued a ruling on Thursday affirming that Poland’s Constitutional Tribunal lacks the necessary independence and impartiality due to the politicised appointments made by the previous PiS-led (Law and Justice) conservative government. The EU’s Court of Justice determined that the Polish Constitutional Tribunal has “infringed the principle of effective judicial protection” and has “disregarded the primacy, autonomy, effectiveness, and uniform application of EU law.”
As Poland’s foremost judicial authority, the Constitutional Tribunal is responsible for ensuring that national laws, policies, and international agreements comply with the constitution. Between 2015 and 2023, the country’s former ruling party fundamentally restructured the justice system, including exerting political control over key judicial institutions such as the Constitutional Tribunal and the Supreme Court. This transformation has led to ongoing tensions with the European Commission, which subsequently challenged specific reforms before the EU court and suspended financial disbursements to Poland.
The recent ruling raised serious concerns regarding the appointment processes for three judges and the president of the Polish Constitutional Tribunal under PiS, thus questioning the tribunal’s status as an independent and impartial entity in accordance with EU law. Ideally, this ruling should catalyse national efforts to restore the tribunal’s independence, a prerequisite for continued EU membership. Unfortunately, the current and recent presidents of Poland, both of whom are politically aligned with PiS, have either vetoed or signalled their intention to veto legislative measures aimed at reversing these reforms.
In light of the ruling, Poland’s Justice Minister Waldemar Żurek expressed support, stating, “This ruling obliges our state to take action. We must rebuild a genuine, independent Tribunal together. This is a fundamental issue for the state and citizens. We are ready for this task.”
This article used information from The Associated Press.
