In a landmark decision with profound implications for European judicial standards, the European Court of Justice has declared Poland’s Constitutional Tribunal lacking in independence and impartiality due to politically motivated appointments during the previous conservative administration.
The ruling specifically identified that Poland’s highest judicial body violated fundamental EU principles by disregarding effective judicial protection and undermining the primacy, autonomy, and uniform application of European law. This verdict stems from systematic reforms implemented between 2015 and 2023 by the Law and Justice party, which established political control over Poland’s top courts including both the Constitutional Tribunal and Supreme Court.
These judicial reforms precipitated a direct confrontation with European institutions, leading the European Commission to challenge the changes before the EU’s highest court and suspend substantial financial transfers to Poland. The court’s scrutiny focused particularly on the appointment procedures for three judges and the tribunal president under the previous government, determining they compromised the body’s legitimacy under EU legal standards.
Despite the ruling’s theoretical requirement for national reforms to restore judicial independence, practical implementation has stalled. Two successive justice ministers from the liberal government that assumed power in 2023 have been unable to reverse the changes, primarily due to resistance from Poland’s current and former presidents, both aligned with Law and Justice, who have either vetoed or threatened to veto legislative corrections.
Justice Minister Waldemar Żurek welcomed the decision, stating on social media platform X that the ruling ‘obliges our state to take action’ and emphasizing the government’s readiness to ‘rebuild a genuine, independent Tribunal together’ as a fundamental issue for both state institutions and citizens.