January 27
2022
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Trajan Shipley
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15th November 2021
Institutional law Justice & Litigation

German Constitutional Court President labels Polish judiciary as ‘not independent’

In a televised interview at ZDF Heute Journal, the President of the German Constitutional Court (Bundesverfassungsgericht) referred to the Polish Constitutional Tribunal (Trybunał Konstytucyjny) as not meeting the standards of a West European constitutional court and criticised the current state of the Polish judiciary.

The Polish Constitutional Tribunal cited in its recent K 3/21 ruling challenging the primacy of EU law the German Constitutional Court’s 2020 judgment in Weiss, which declared ultra vires the European Central Bank’s decisions on the Public Sector Purchase Programme and a judgment of the Court of Justice upholding those decisions.

In his interview, the German Constitutional Court’s president noted that Poland

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