EU Court Rules Polish Constitutional Tribunal Breached EU Law

By Grace Kim

The Court of Justice of the European Union has ruled that the Polish Constitutional Tribunal violated principles of EU law. The Luxembourg court delivered the judgment in a long-running confrontation over the primacy of EU law. The decision lands as another marker in the dispute between European institutions and Warsaw over judicial independence.

The ruling addresses the Polish tribunal's challenge to the supremacy of EU law within the Polish legal order. That challenge, issued by the Constitutional Tribunal in Warsaw, previously declared that key provisions of EU treaties could not sit above the Polish Constitution. The CJEU has now answered: the Polish court overstepped.

What did the court decide?

The Court of Justice found the Polish Constitutional Tribunal breached core principles of EU law. The judgment reinforces the established doctrine that national courts cannot disapply EU law or call its primacy into question.

For Polish judges, the message is direct. EU law takes precedence over conflicting national constitutional rulings where member states' obligations under the treaties apply. The judgment follows earlier CJEU decisions on Polish judicial reforms, which found Warsaw in breach of EU standards on judicial independence.

Takeaway: Luxembourg has restated that no national court, including a constitutional court, may override the primacy of EU law.

What does the ruling change for practitioners?

Polish courts now face a clearer instruction to disregard Constitutional Tribunal rulings that conflict with EU law. Lower courts in Poland have already leaned this way in practice. The judgment gives them firmer ground.

For lawyers litigating in Poland, several practical points follow:

• Arguments grounded in EU law remain available before Polish courts, notwithstanding contrary Constitutional Tribunal rulings.
• Preliminary references to the CJEU on questions of judicial independence and primacy remain a live procedural avenue.
• Enforcement risk persists for Poland, including potential financial penalties, where national authorities do not comply.

Takeaway: Practitioners can cite this judgment when urging Polish courts to apply EU law over conflicting national rulings.

What comes next?

The political and legal standoff is far from resolved. The judgment adds pressure on Warsaw to align its constitutional practice with EU obligations. It also hands ammunition to parties challenging the legitimacy of the Constitutional Tribunal itself, given earlier findings about the irregular appointment of some of its judges.

For the European Commission, the ruling supports continued oversight of Polish rule-of-law compliance. For the Polish government, the judgment narrows the space for domestic resistance to EU legal order.

Takeaway: The decision entrenches CJEU authority in the Polish legal system and keeps the rule-of-law file active in Brussels.