Czasem sobie bloguję po świecie. https://doi.org/10.63189/CTLA8789
Taki mój wpis o ostatnim wyroku TSUE C 448/23. Temat warty zauważenia, bo przełomowy.
On 18 December 2025, the CJEU delivered the C-448/23 judgment, in which it held that Poland infringed EU law. This refers to the judgments of the Constitutional Tribunal (hereinafter: the CT) ref. nos. P 7/20 and K 3/21 declaring the inconsistency of EU law with the Constitution of the Republic of Poland (hereinafter: the RP).[1] The CT stated that the CJEU’s case law, as indicated in those judgments, was delivered ultra vires and violated the state’s constitutional identity.[2]
The CJEU held that Poland (through the interpretation of the Constitution by the CT) infringed:[3]
· firstly, the obligations flowing from Art. 19(1), second paragraph, of the TEU, because:
– it created a loophole in the process of effectively applying EU law, by blocking an interim measure and the CJEU’s judgment;
– the CT did not satisfy the requirements of an independent and impartial tribunal previously established by law.
· secondly, the obligations under the general principles of autonomy, primacy, effectiveness and the uniform application of EU law and under the principle of the binding effect of judgments of the CJEU.
Two kinds of consequences follow from this judgment: those individual and specific in nature, as well as those general and abstract in nature.
More see: An error or ultra vires action. The CJEU’s judgement C-448/23 against Poland