The president of the Constitutional Court wrote to Donald Tusk. "I demand"

• The president of the Constitutional Tribunal stressed that the EU Court of Justice procedure initiated by the EC “regards straight the judicial activity of the Constitutional Court”
• "I request that the Constitutional Court be sent as shortly as possible to the Government's position of 31 January 2024, which was referred to by Advocate General Dean Spielmann in his opinion of 11 March 2025," wrote Świętczkowski to the Prime Minister
• At the same time, he stressed that "international treaties, including EU law, must not restrict the powers of a constitutional court"

"I received with large concern the information contained in the Opinion of Advocate General Dean Spielmann of 11 March 2025, according to which on 31 January 2024 the Republic of Poland full acknowledged the allegations raised by the Commission in the complaint against Poland," wrote Święczkowski in a letter to the head of government on the TK website.

The president of the Constitutional Tribunal stressed that the EU Court of Justice procedure initiated by the EC “regards straight the judicial activity of the Constitutional Court and indirectly forms part of the wider issue of the sovereignty of the Republic of Poland and its constitutional court vis-à-vis the institutions of the European Union”.

"I request that the Constitutional Court be sent as shortly as possible to the Government's position of 31 January 2024, which was referred to by Advocate General Dean Spielmann in his opinion of 11 March 2025," Świętczkowski wrote to the Prime Minister.

At the same time, he stressed that "international treaties, including EU law, must not restrict the powers of the constitutional court, which derives straight from the constitution, which is the highest origin of law".

Case of a complaint against Poland lodged by the European Commission

In the first half of March, Advocate General of the Court of Justice of the EU, Dean Spielmann issued an opinion on a complaint lodged against Poland by the European Commission in July 2023.

In 2023, the EC asked the EU Court of Justice to declare a failure to fulfil obligations in connection with 2 judgments of the Polish Constitutional Tribunal: 14 July and 7 October 2021. In the EC assessment, they violate the primacy of EU law over national law.

Spielmann found the complaint to be legitimate. He so proposed that the TEU should conclude that Poland had failed to fulfil its obligations under European Union law. In the view of the Ombudsman, the judgments of the Constitutional Tribunal disagree importantly from those of the Court of Justice of the European Union concerning the warrant of effective legal protection.

The spokesperson for the TEU speaks of the “rebellion” of the Polish TK

As the Advocate General of the TEU stressed in his opinion, which constitutes an unprecedented "rebellion", the position adopted by the Polish Constitutional Court in its judgments of 14 July and 7 October 2021 undermines the primacy, autonomy and effectiveness of EU law. He besides considered that the Polish TK could not be regarded as an independent and impartial court.

In its judgement of 14 July 2021, whose compliance with EU law is assessed by the Court of Luxembourg, the Constitutional Judicial Authority of that State considered the TEU temporary measures relating to the plan and functioning of the constitutional authorities to be incompatible with the Polish Constitution. On the same day, the TEU ordered Poland to suspend the functioning of the Disciplinary Chamber in the ultimate Court as part of specified a temporary measure; then Poland imposed regular penalties for not applying it.

In its judgement of 7 October 2021. The TK stated that the national constitutions of the EU associate States are always in the first place in the hierarchy of law. "Unified treaties – as acts of global law – take precedence over national law of the statutory rank, but cannot overtake the constitution," the Polish Constitutional Tribunal acknowledged.

In the opinion of the Advocate General of the TEU, both judgments are illegal. As he stressed, only the TEU is entitled to a final settlement of the conflict between Union law and the constitutional identity of a associate State.

The Opinion of the Advocate General shall not bind the Court of Justice. It is simply a proposal for a ruling for the judges they most frequently use, but may besides issue a judgement another than that proposed by Advocates-General.

Semy resolution on the Constitutional Court

In the resolution of the Sejm adopted in March 2024, it stated that ‘taking into account in the activities of the public authority the decisions of the Constitutional Tribunal issued in breach of law may be considered a breach of the rule of legalism by those authorities’. The resolution besides states, inter alia, that due to the December 2015 parliamentary resolutions concerning the election of the judges of the Constitutional Tribunal, which were taken with gross violation of the law — Mariusz Muszyński, Jarosław Wyrembak and Justin Piskorski are not judges of the Constitutional Tribunal.

Since the adoption of that resolution by the Sejm, the judgments of the Constitutional Tribunal are not published in the diary of Laws.

On the another hand, the government resolution adopted in December 2024 stated, among another things, that the publication in the authoritative Journals of the Constitutional Tribunal's rulings could lead to a state of the regulation of law crisis being established. As added, ‘it is not permissible to print papers issued by an unauthorised authority’.