In this Verfassungsblog article, Maciej Taborowski and Paweł Filipek review a recent CJEU judgment concerning the Romanian constitutional court. The CJEU judgment of 21 December 2021 (C-357/19 and others, Euro Box Promotion) explicitly extended the Union’s requirement of judicial independence to constitutional courts for the first time. The ‘Romanian’ ruling carries an important message for the Polish government on how the EU legal order might react to the recent rulings of the Polish Constitutional Tribunal negating the primacy of European Union law (cases P 7/20 and K 3/21) and to the fact that the Polish CT is not a court established by law within the meaning of Article 6 ECHR anymore (see ECtHR judgment Xero Flor). As a consequence, Euro Box Promotion confirms the right and the obligation of national courts to disregard constitutional court rulings that violate EU law.
The article was written by re:constitution Fellow Maciej Taborowski and Paweł Filipek and published on Verfassungsblog.