Poland’s Constitutional Tribunal rejects CJEU authority to assess Polish judicial appointments
Off Radar · Friday, 11 September 2026
Why it matters
This is a direct institutional conflict over whether EU judicial standards or Poland’s constitutional court has the last word on the composition and independence of Polish courts. For readers tracking EU rule-of-law disputes, the ruling creates a documented basis for Polish courts to reject a CJEU interpretation in this area, with potential consequences for the uniform application of EU law.
What happened
Poland’s Constitutional Tribunal ruled that EU-law provisions interpreted by the Court of Justice of the European Union (CJEU) to assess the appointment procedure for Polish judges are incompatible with Poland’s constitution, and said Polish courts are not bound by that interpretation. The case arose from legal questions sent by Poland’s Supreme Court in January 2024 about CJEU guidance on judicial appointments and the participation of judges appointed under the disputed procedure. The Tribunal also ruled that a Supreme Court judge may be transferred to another chamber by the first president of the Supreme Court with the judge’s consent. The judgment was issued by a five-member panel; one panel member dissented, while opponents questioned the participation of two judges they describe as improperly appointed.
Previously
Jan 2024 — Poland’s Supreme Court sent legal questions to the Constitutional Tribunal about whether Polish courts must follow Court of Justice of the European Union interpretations concerning judicial appointments and the participation of judges appointed under the disputed procedure.(Supreme Court of Poland via Wprost)
Players & places
- Poland
- Constitutional Tribunal of Poland
- Court of Justice of the European Union
- Supreme Court of Poland
- Stanisław Piotrowicz