Crushing judgment of the CJEU. The Polish Constitutional Tribunal is not an independent and impartial court

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

In its judgment, the CJEU fully took into account the complaint of the European Commission submitted after the Constitutional Tribunal issued two judgments striking the primacy of EU law over national law in the Community.

The CJEU found Poland's breaches of EU law.

In its judgment, the CJEU emphasized that Poland cannot invoke its constitutional identity to avoid respecting the common values ​​enshrined in Art. 2 of the EU Treaty, such as the rule of law, effective judicial protection and the independence of the judiciary.

“These values ​​constitute the basis of the very identity of the Union, which Poland joined voluntarily. After (Poland's accession to the EU – PAP), these values ​​find their concrete expression in legally binding obligations from which Member States cannot avoid,” the CJEU said. (PAP)

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