On Thursday, Poland’s Supreme Court announced that no court or public authority can challenge a decision from the Supreme Court – including the EU. The ruling is described as groundbreaking and marks a major success in the country’s fight for judicial sovereignty.

Poland and its courts have been involved in a long-standing dispute with Brussels regarding whether EU law takes precedence over Polish law, a question that has now received its final answer.

“No court or other public authority is authorized to invalidate a decision of the Supreme Court and disregard its effects. Even if this were done by invoking EU law,” the new decision states.

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The ruling is a direct response to the September resolution by seven judges from the labor and social security chamber who questioned the legality of the entire chamber for extraordinary control and public affairs. Referring to judgments from the European Court of Human Rights, they claimed that other judges in the Supreme Court lack the authority to judge and that state authorities should consider their judgments as invalid.

Supreme Court interior. Photo: Adrian Grycuk, CC BY-SA 3.0 PL

Exclusively belongs to Poland

According to Remix News, the decision caused chaos in the Polish legal system and was abolished with today’s new decision as it contradicts Polish law. As expected, the Supreme Court’s second point in the resolution reminds that Poland has not transferred the right to establish norms regulating the operation of the Polish judiciary to the EU or any other organization.

“The Republic of Poland has not transferred the authority to establish norms regulating the organization and functioning of the national judiciary, and neither to define to what extent they may be applied, to the European Union or any other international organization. These powers exclusively belong to the constitutional organs of the Republic of Poland and cannot be transferred according to Article 90.1 of the constitution,” writes the Supreme Court.

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