The European Commission has decided to launch an infringement procedure against Poland because of serious concerns with respect to the Polish Constitutional Tribunal and its recent case law. The Commission considers the rulings of the Constitutional Tribunal of 14 July 2021 and 7 October 2021 breached the general principles of autonomy, primacy, effectiveness and uniform application of Union law and the binding effect of rulings of the Court of Justice. Furthermore, the Commission considers that this case law is in breach of Article 19 (1) of the Treaty of the European Union which guarantees the right of effective judicial protection. As a consequence, it deprives individuals before Polish courts from the full guarantees set out in that provision.
The Commission also considers that the Constitutional Tribunal no longer meets the requirements of an independent and impartial tribunal established by law, as required by the Treaty. The European Union is a community of values and of law, and the rights of Europeans under the Treaties must be protected, no matter where they live in the Union. Following the launch of this infringement procedure, Poland will have two months to reply to the letter of formal notice. More information is available in this press release.