Wyrok Trybunału Sprawiedliwości Unii Europejskiej w sprawie niezależności polskich sądów (sprawy połączone C-585/18, C-624/18, C-625/18) a konstytucyjny wymóg przestrzegania przez Rzeczpospolitą Polską wiążącego ją prawa międzynarodowego — implikacje

Abstract

Article 9 of the Polish Constitution together with Article 2 and Article 91 par. 1–3 of the Polish Constitution create a strong and unambiguous basis for binding character and direct effect of the CJEU judgements in the sphere of national law. The legal force of this obligation arises from general international law, reinforced by the constitutional nature of provisions that reproduce it in the field of internal law. The direct effect of CJEU judgements in the law of a Member State is the result of a complex interpretation derived from the combination of linguistic, systemic, and teleological methods, taking into account the principles of good faith and pacta sunt servanda. The direct effect of the judgement of the CJEU in national law to the fullest extent reflects the fulfill-ment of the commitment to comply with the international law binding Poland and to implement the idea of a democratic state ruled by law. Failure to comply with the obligation to enforce the judgement of an international court operating within the structure of an international organisation (EU), to which Poland, drawing from its sovereignty, has acceded through its international agree-ments, constitutes a wrongdoing involving the responsibility of Poland under international law. The position concerned implies a breach of treaty obligations towards organisations and all other Mem-ber States. To remedy this breach would require either the consent of all Member States to remove the basis of liability in a particular case or a change in the EU law of specified provisions being the source of the obligations in question. Any unilateral actions undertaken by Poland are not able to cause any of these effects. The international legal responsibility takes at first the form of lex specialis provided for within the organisation (e.g. procedure under Article 7 TEU, judgements and interim orders of the CJEU, financial penalties). Secondly, this responsibility is then governed by the general principles of international law. So, in the final instance, a breach of an obligation that will be iden-tified with a violation of the object and purpose of the Treaties constituting the EU may be grounds for excluding a Member State from the EU without its consent (Article 60 (2) of the VCLT) apart from the Article 50 TEU realm.