Poland’s constitutional tribunal violated fundamental principles of European Union (EU) law, the European Court of Justice (ECJ) ruled on Thursday.
The court also found that the tribunal could not be considered independent or impartial due to serious irregularities in the appointment of judges.
The tribunal, dominated by judges appointed under the former nationalist Law and Justice (PiS) government, had previously declared Poland’s Constitution superior to EU law, ignoring ECJ rulings and case law.
European Council challenges Poland in ECJ
The case stems from two Polish tribunal rulings in 2021 that struck down ECJ decisions as unconstitutional, citing claims that the ECJ had overstepped its bounds by interfering in Poland’s judiciary.
Brussels challenged those decisions, and the current pro-European government says it does not recognize them.
On Thursday, the ECJ ruled that Poland cannot disregard the EU’s binding values, which all member states must uphold.
The court also criticized the manner in which the three judges and the tribunal chairman were appointed under the former ruling party.
PiS substantially changed the country’s justice system by establishing political control over top courts such as the Constitutional Tribunal and the Supreme Court.
Polish tribunal remains defiant
PiS lost power in 2023 with the election of pro-European Prime Minister Donald Tusk, but his government has so far failed to roll back the changes, which were blocked by two subsequent nationalist presidents who supported PiS overhauls of the courts.
On Thursday, Justice Minister Waldemar Zurek wrote on social media that the ECJ ruling obliges the state to act, and the government is ready to act.
The tribunal itself said that the ruling had no impact on its functioning and that the European Court had no jurisdiction over it.
Edited by: Dmytro Lyubenko