Tuesday, March 11, 2025

A flagrant infringement on the exclusive competencies of the Polish Court

Dean Spielmann, Advocate General of the European Court of Justice, attacked the Polish Constitutional Tribunal. He described the judgments of 14 July and 7 October 2021 as a “rebellion” that violates the “primacy, autonomy and effectiveness of EU law”. He also questioned whether the Constitutional Tribunal is an independent and impartial court.

"The appointment of three judges of the Polish Constitutional Tribunal and its president in December 2015 was fraught with a number of irregularities, which is why the Constitutional Tribunal cannot be considered an independent and impartial court established by law within the meaning of EU law," stated the Advocate General of the CJEU.

The Constitutional Tribunal responded to this attack in a short statement. 

"All rulings issued by the Constitutional Tribunal were made in accordance with the applicable Constitution and other laws of the Republic of Poland."

The first comments have already appeared, including from Polish opposition politicians. Accepting the Constitution as the highest law in Poland is, according to the CJEU spokesman, a "rebellion." 

"They really treat us like some kind of their colony. The current government in Poland agrees with this position and meekly implements the guidelines of EU officials," wrote MP Sebastian Kaleta.

PN: It is hard not to notice that this attack is not a coincidence. The elections in Poland are two months away, and the results should be certified by Polish courts. Unless they are illegitimate. 

- Based on reporting by Dorzeczy(.)pl