US EditionTop EU court rules Polish Constitutional Tribunal is not independent
The Court of Justice of the European Union ruled Poland's Constitutional Tribunal breached EU law by accepting judges unlawfully appointed under the Law and Justice party.
- The Court of Justice of the European Union ruled that Poland's Constitutional Tribunal violated EU law by declaring parts of EU treaties incompatible and upheld the European Commission's complaint in its entirety.
- Two 2021 TK decisions, including a July interim-order finding and an October ruling, prompted the European Commission to bring a 2023 case over their claims that EU law conflicted with Poland's constitution.
- The CJEU found the TK lacked independent status because three judges and the then-chief justice were unlawfully appointed under the Law and Justice party, with serious irregularities in 2015 and 2016.
- Justice minister Waldemar Żurek welcomed the ruling as `unequivocal` confirmation that the Constitutional Tribunal is unlawfully composed and said it `obliges the state to take action` to rebuild it.
- PiS-Era actions set the political backdrop as the Law and Justice party clashed with Brussels and staffed the TK with politically influenced judges, while Donald Tusk, Prime Minister, pledged judicial reform after December 2023 but faced obstacles.
67 Articles
67 Articles
Bóka: The Court of Justice of the European Union has crossed a line
The Court of Justice of the European Union (CJEU) has overstepped its authority with its latest ruling on Poland’s Constitutional Tribunal, according to Minister János Bóka, Hungary’s minister for EU affairs. In a statement published on his social media page on Thursday, Minister Bóka warned that the decision represents a dangerous breach of the limits set by the EU treaties and poses a direct challenge to national sovereignty.
In a judgment against Poland, the ECJ calls for the last word. But also with regard to Germany is a "constitutional judge" with in the room, says a constitutional expert.
In a judgment against Poland, the ECJ calls for the last word. But also with regard to Germany is a "constitutional judge" with in the room, says a constitutional expert.
Polish Constitutional Tribunal violated principles of EU law, European court rules
Poland's Constitutional Tribunal infringed fundamental principles of European law and cannot be considered independent and impartial because of irregularities in the appointment of judges, the European Union's top court ruled on Thursday.
The European Commission has achieved a significant legal victory in the long-running dispute over Polish jurisdiction. The opposing party, the PiS government, has been out of power for two years.
The European Court of Justice becomes clear: the Polish Constitutional Court is no longer an independent and impartial court. The new government in Warsaw commends improvement.
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