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European Court rules that the Polish Constitutional Tribunal has violated EU law principles

The European Union's highest court on Thursday ruled that Poland's Constitutional Tribunal violated fundamental principles of European Law and could not be considered impartial and independent because of irregularities with the appointment of judges.

The nationalist Law and Justice party (PiS), which served in the government for two terms between 2015 and 2023, introduced judicial reforms that Brussels claimed undermined the rule-of-law and critics blamed chaos in the judiciary.

The Constitutional Tribunal - a court that rules on the validity and constitutionality of laws, and which is dominated primarily by judges appointed under the PiS - issued rulings stating Poland's Constitution had precedence over EU law, thereby undermining an important principle of the Union.

The Court of Justice of the European Union said that Poland failed to "fulfill its obligations" because the Tribunal had violated the principle of "effective judicial protection". It also stated that the Tribunal had disregarded the primacy of EU law, as well as the autonomy, effectiveness, and uniform application of EU laws.

The report said that there were "serious irregularities", in the nomination of the Tribunal's President and three judges, which called into question its status as "an independent and impartial court established by law under EU law."

The rulings were taken to court by Brussels and are not recognised by the pro-European Government led by Prime Minister Donald Tusk.

The government's efforts to reverse the changes have been blocked by two nationalist presidents, who are supporters of the PiS court reform.

In an interview conducted this month, Justice Minister Waldemar Zurek said that he would wait for the CJEU's ruling before implementing changes at the Tribunal. This included the appointment of independent judges. (Reporting and editing by Anna Wlodarczak - Semczuk)

(source: Reuters)