The European Court of Justice (ECJ) has delivered a damning verdict against Poland, ruling in favour of the European Commission’s legal challenge and highlighting a systematic undermining of fundamental principles of EU law. Thursday’s judgment marks a significant escalation in the ongoing dispute between Brussels and Warsaw, centering on the independence and authority of Poland’s judicial system.
At the heart of the controversy lies the Polish Constitutional Court’s actions, which the ECJ has deemed to violate the principle of effective judicial review and to compromise the autonomy, primacy and uniform application of EU law. The court specifically referenced rulings issued in July and October 2021, where the Polish Constitutional Court declared certain provisions of the EU treaties incompatible with the Polish constitution. This move effectively stripped national courts of the power to scrutinize the procedures for appointing judges, a critical safeguard against political interference.
The ECJ’s strongly worded ruling decisively rejected Poland’s attempt to invoke its national constitutional identity as justification for circumventing core EU values, including the rule of law and judicial independence. The court found the appointments of three judges and the president of the Polish Constitutional Court to be tainted by irregularities, failing to meet the requirements of an independent and impartial judiciary as stipulated under EU law (Case C-448/23).
The judgment underscores the persistent tension between national sovereignty and the supranational legal order of the European Union. Critics are already warning that this ruling, while legally significant, may fail to fundamentally alter the trajectory of judicial reform in Poland, where the ruling Law and Justice party continues to assert its prerogative in shaping the composition and direction of the judiciary. The case raises serious questions about the limits of the EU’s ability to enforce its legal principles within member states and the potential for a broader erosion of the rule of law across the bloc. The implications extend beyond Poland, serving as a precedent for other member states contemplating similar challenges to EU jurisdiction and potentially emboldening populist governments keen on curtailing judicial oversight. The European Commission is expected to consider further measures to ensure compliance with the ECJ’s ruling, adding another layer of complexity to the strained relationship between Poland and the EU.
