On Thursday, the Court of Justice of the European Union examined the complaint against Poland which the European Commission referred to in 2023. The ruling stated that "The Constitutional Tribunal does not meet the requirements of an independent and impartial court, established previously by the Act, due to irregularities in the appointment of 3 of its members and the President.
Court of Justice of the European Union stated that not respecting his case law, Polish Constitutional Court breached respective basic principles of the European Union.
In its judgment, the CJEU took full account of the action European Commission filed by the Constitutional Tribunal after 2 judgments having been handed over to national law in the Community.
The TEU has identified Poland's shortcomings with respect to Community law. "The basis for the Union's identity"
In its judgment, the TEU stressed that Poland cannot trust on its constitutional identity to avoid respecting the common values enshrined in Article 2 of the Treaty on EU, specified as the regulation of law, effective judicial protection and the independency of the judiciary.
"These values form the basis of the identity of the Union itself, to which Poland joined voluntarily. After accession (Polish to the EU - ed.), these values are reflected in legally binding commitments, from which associate States cannot deviate" - the TEU acknowledged.
"We have a situation where we have a Polish constitutional court that emphasizes (...) on the 1 hand the Constitution as the highest law of the Republic, which is higher than European law. On the another hand, he stressed to a certain point the request for a friendly explanation and compatible application of the Constitution and European law - commented on the decision of the TEU on Polsat News by Dr Wojciech Italian, a constitutionalist from the Nicolaus Copernicus University in Toruń.
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