The Polish Supreme Court issued a groundbreaking ruling today that no court or public authority can challenge a ruling from the Supreme Court, including the European Union. The ruling marks a significant moment in the battle for legal sovereignty in Poland.
“No court or other public authority is authorized to declare a Supreme Court ruling null and void and disregard its effects. Even if this were to be done by invoking European Union law,” reads the new decision from the Supreme Court.
The ruling came during a joint chamber of Extraordinary Control and Public Affairs and of Labor and Social Security.
The ruling is a direct response to the September resolution by seven judges of the Labor and Social Security Chamber, which questioned the legality of the entire Chamber of Extraordinary Control and Public Affairs.
These judges, citing rulings of the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR), found that other Supreme Court judges — dubbed “neo-judges” — have no authority to adjudicate, and that state authorities should consider their judgments null and void. This, one of the most controversial decisions, created chaos in the Polish judicial system and was abolished today as inconsistent with Polish law.
As expected, the second point of the Supreme Court resolution recalls that Poland has not transferred to the European Union or any other organization the right to establish norms regulating the activities of the Polish judiciary.
“The Republic of Poland has not transferred to the European Union or any other international organization the authority to establish norms regulating the organization and functioning of the national justice system, nor to define the scope in which they may be applied. These powers belong exclusively to the constitutional organs of the Republic of Poland and are not subject to transfer under Article 90, paragraph 1 of the Constitution,” reads the resolution of the Supreme Court, presented by the president of the Supreme Court’s Chamber of Control, Judge Krzysztof Wiak, who chaired the session of both chambers.
Legal circles expected the Supreme Court to make such a ruling. For the “Lawyers for Poland” Association, it is the obvious outcome, as it reflects applicable law.
“Today’s decision of the Supreme Court of the Republic of Poland is one of those that save Poland’s independence and sovereignty,” the association wrote.
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