Poland - September 2025

On 4 September, the Court of Justice of the European Union (CJEU) ruled that decisions by Poland’s Chamber of Extraordinary Control and Public Affairs, created by the former Law and Justice (PiS) government, must be treated as null and void. This allows domestic courts to disregard cases referred back by the chamber, meaning the lower court’s original judgment stands. The CJEU had already found that the chamber lacked independence due to flawed appointments in 2023. While the CJEU ruling reinforces standards for judicial independence, it creates temporary legal uncertainty about appeal pathways and institutional responsibilities, and risks creating gaps in judicial oversight and election certification. The judgment gives a firmer legal foundation to  the government’s stance that rulings of the chamber that do not meet EU law standards should be disregarded. Plans to abolish the chamber were included as part of the 2024 Ministry of Justice action plan to restore judicial independence. 

Sources: Verfassungsblog (1), Verfassungsblog (2), CURIA, Notes from Poland, Polish Government