“Such a judgment obliges us to change what is happening in the Polish Tribunal. We are prepared for this,” said Waldemar Żurek, Minister of Justice, commenting on the decision of the Court of Justice of the European Union regarding the Polish Constitutional Tribunal. As can be seen, the head of the Ministry of Justice in Donald Tusk’s government accepted the ruling of the EU body with satisfaction. Internet users reacted differently.
At today’s hearing, the Court of Justice of the European Union ruled that the Polish Constitutional Tribunal, by failing to respect CJEU case law, violated several fundamental principles of EU law. Moreover, the judgment stated that the TK does not meet the requirements of an independent and impartial court previously established by law.
The decision is the result of a complaint filed with the CJEU in 2023 by the European Commission. It appears that the EU court suddenly “forgot,” for example, that Germany does not apply the absolute primacy of EU law over national law.
The Constitutional Tribunal responded to the ruling in a statement, indicating that the decision expressed by the CJEU “was taken entirely outside the competences of that body.”
It was also recalled that “the highest law in the Republic of Poland is the Constitution, not the decisions of foreign bodies.” It was added that Poland did not relinquish the primacy of national law over EU law when it joined the European Union in 2004. It was also emphasized that Poland “did not transfer to EU bodies competences concerning the judiciary and the administration of justice.”
Żurek Satisfied
Of course, the December 13 coalition and circles associated with it accepted the CJEU decision with enormous satisfaction. There is no sign of disappointment that an EU body wants to interfere with the provisions of the Polish Constitution – and to do so in a manner exceeding its competences.
Instead, this is what happened: Waldemar Żurek, Minister of Justice in Donald Tusk’s government, also commented. At the outset, he assessed that “today an extremely important judgment of the Court of Justice of the European Union was delivered.”
This is the most important EU court, which is also a Polish court. It decides whether the actions of our authorities comply with EU law. EU law is also Polish law. The treaties that Poland has concluded bind Poland and must be respected by us. Today, the European court said that the Polish Constitutional Tribunal does not meet the requirements of an impartial and independent Constitutional Court. And yet this is the most important body in our state, Żurek stated.
He went on: “The Tribunal alleged that three judges were elected improperly. It also indicated that the acting President of the Constitutional Tribunal was appointed in a flawed manner. This results in the body operating improperly. Such a judgment obliges us to change what is happening in the Polish Tribunal.”
He also assured, with clear satisfaction: “We are prepared for this.”
We warned those who for years have been destroying the rule of law in Poland that this would directly affect Polish citizens. If we have a body that is only a Constitutional Tribunal in name, and in fact is a hollow shell, as some lawyers describe it, then the citizen does not have proper legal protection. They cannot go to this body and cannot demand that the Polish Tribunal stand up for them and examine their complaint. Therefore, we must change this. Let us all sit down at one table and consider how to recreate a good, lawful Constitutional Tribunal, he thundered further.
However, commentators responding under Żurek’s post take a different view:
“Mr Minister, did you know what ruling would be delivered and record this video in advance? The recording, editing, and publication proceeded virtually instantly,” writes attorney Bartosz Lewandowski.
“Żurek is repeating a CJEU ruling that is unlawful, political, and has no effect on the Republic of Poland. This is not law, this is interference and propaganda farce. It is plain to see that you received an order to push this unlawful ruling everywhere,” comments Michał Kowalczyk, a PiS MP.