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Poland’s Constitutional Tribunal (TK) has ruled that European Union energy and climate regulations are incompatible with the Polish constitution and breach national sovereignty in determining energy policy.

The Tribunal found that EU institutions, including the Court of Justice of the European Union (CJEU), had exceeded their competences by interpreting EU treaties in a way that significantly impacts Poland’s ability to choose its energy sources independently.

Interpretations of EU law “cannot mean that Poland loses control over the scope of its delegated competences, and thus that there are areas in which its sovereignty (here: energy) is not protected”, the court said in a statement announcing its decision.

However, the ruling is unlikely to have any real effect for now given that the current government, a coalition led by Prime Minister Donald Tusk, does not recognise the TK’s legitimacy due to it containing judges unlawfully appointed by the former Law and Justice (PiS) administration.

The case was brought by a group of opposition lawmakers led by Sebastian Kaleta, a PiS MP and former deputy justice minister. The motion challenged the compatibility of EU climate rules – including Directive 2003/87/EC, which created the EU Emissions Trading Scheme (EU ETS) – with the Polish constitution.

The MPs argued that, although Poland had transferred some powers to Brussels, it should retain sovereignty over critical energy decisions. They claimed that mandatory participation in the EU ETS restricts economic freedom and undermines the state’s ability to ensure energy security.

They also warned that EU decision-making processes, which do not require unanimity in the European Council on issues affecting Poland’s energy mix, might breach the limits of competence conferred on the EU and undermine the primacy of the Polish constitution.

In its ruling, the TK agreed with the motion’s core arguments. It held that the CJEU had extended the interpretation of the Treaty on the Functioning of the European Union beyond the conferred competences, infringing on national sovereignty.

“Competences not conferred on the European Union belong to the member states themselves, and the EU can only act on the basis of the principle of subsidiarity, subject to the scrutiny of national parliaments at all times,” the court said.

Consequently, the TK found this interpretation of EU law to be incompatible with the Polish constitution, emphasising that Poland cannot lose control over the scope of delegated powers, especially in such a key area as energy sovereignty.

The TK, however, discontinued proceedings relating specifically to the ETS “due to the incomplete, from a formal point of view, definition of the object under verification”.

The TK concluded its statement by stating that it was now up to the Polish legislature and executive to take “appropriate public law measures” to implement the decision, which enters into force upon its publication.

However, it is the government that is responsible for publishing TK rulings, and it refuses to do so due to given that some of the tribunal’s judges were illegitimately appointed under PiS.

The ruling could still reverberate in Polish politics, however. The PiS-aligned president-elect, Karol Nawrocki, who takes office in August, said last month that the TK’s decision on this case could be a way to lower the electricity prices by 33% – one of his campaign promises.

He also pledged to hold a referendum on withdrawing from the EU’s Green Deal – a set of policies aimed at reaching climate neutrality by 2050 – and reaffirmed his support for coal, which remains Poland’s main source of electricity generation and is also widely used for heating homes.

PiS politicians welcomed the verdict, insisting that it means that Poland does not have to implement the Green Deal.

“The EU has not been given the competence to decide without the consent of Poland which energy sources we can use and what fiscal burdens may be imposed on individual sources,” Kaleta wrote on X. “This opens the path for a radical reduction in electricity and heating prices now.”

The former justice minister in the PiS government, Zbigniew Ziobro, meanwhile, challenged Tusk, asking if he would “break the law again and hide the verdict to drive Poles into poverty” or “will you behave as you should?”

The government has so far not commented on the TK’s ruling.

Poland’s Constitutional Tribunal (TK) has ruled that European Union energy and climate regulations are incompatible with the Polish constitution and breach national sovereignty in determining energy policy.

The Tribunal found that EU institutions, including the Court of Justice of the European Union (CJEU), had exceeded their competences by interpreting EU treaties in a way that significantly impacts Poland’s ability to choose its energy sources independently.

Interpretations of EU law “cannot mean that Poland loses control over the scope of its delegated competences, and thus that there are areas in which its sovereignty (here: energy) is not protected”, the court said in a statement announcing its decision.

However, the ruling is unlikely to have any real effect for now given that the current government, a coalition led by Prime Minister Donald Tusk, does not recognise the TK’s legitimacy due to it containing judges unlawfully appointed by the former Law and Justice (PiS) administration.

The case was brought by a group of opposition lawmakers led by Sebastian Kaleta, a PiS MP and former deputy justice minister. The motion challenged the compatibility of EU climate rules – including Directive 2003/87/EC, which created the EU Emissions Trading Scheme (EU ETS) – with the Polish constitution.

The MPs argued that, although Poland had transferred some powers to Brussels, it should retain sovereignty over critical energy decisions. They claimed that mandatory participation in the EU ETS restricts economic freedom and undermines the state’s ability to ensure energy security.

They also warned that EU decision-making processes, which do not require unanimity in the European Council on issues affecting Poland’s energy mix, might breach the limits of competence conferred on the EU and undermine the primacy of the Polish constitution.

In its ruling, the TK agreed with the motion’s core arguments. It held that the CJEU had extended the interpretation of the Treaty on the Functioning of the European Union beyond the conferred competences, infringing on national sovereignty.

“Competences not conferred on the European Union belong to the member states themselves, and the EU can only act on the basis of the principle of subsidiarity, subject to the scrutiny of national parliaments at all times,” the court said.

Consequently, the TK found this interpretation of EU law to be incompatible with the Polish constitution, emphasising that Poland cannot lose control over the scope of delegated powers, especially in such a key area as energy sovereignty.

The TK, however, discontinued proceedings relating specifically to the ETS “due to the incomplete, from a formal point of view, definition of the object under verification”.

The TK concluded its statement by stating that it was now up to the Polish legislature and executive to take “appropriate public law measures” to implement the decision, which enters into force upon its publication.

However, it is the government that is responsible for publishing TK rulings, and it refuses to do so due to given that some of the tribunal’s judges were illegitimately appointed under PiS.

The ruling could still reverberate in Polish politics, however. The PiS-aligned president-elect, Karol Nawrocki, who takes office in August, said last month that the TK’s decision on this case could be a way to lower the electricity prices by 33% – one of his campaign promises.

He also pledged to hold a referendum on withdrawing from the EU’s Green Deal – a set of policies aimed at reaching climate neutrality by 2050 – and reaffirmed his support for coal, which remains Poland’s main source of electricity generation and is also widely used for heating homes.

PiS politicians welcomed the verdict, insisting that it means that Poland does not have to implement the Green Deal.

“The EU has not been given the competence to decide without the consent of Poland which energy sources we can use and what fiscal burdens may be imposed on individual sources,” Kaleta wrote on X. “This opens the path for a radical reduction in electricity and heating prices now.”

The former justice minister in the PiS government, Zbigniew Ziobro, meanwhile, challenged Tusk, asking if he would “break the law again and hide the verdict to drive Poles into poverty” or “will you behave as you should?”

The government has so far not commented on the TK’s ruling.

Poland’s Constitutional Tribunal (TK) has ruled that European Union energy and climate regulations are incompatible with the Polish constitution and breach national sovereignty in determining energy policy.

The Tribunal found that EU institutions, including the Court of Justice of the European Union (CJEU), had exceeded their competences by interpreting EU treaties in a way that significantly impacts Poland’s ability to choose its energy sources independently.

Interpretations of EU law “cannot mean that Poland loses control over the scope of its delegated competences, and thus that there are areas in which its sovereignty (here: energy) is not protected”, the court said in a statement announcing its decision.

However, the ruling is unlikely to have any real effect for now given that the current government, a coalition led by Prime Minister Donald Tusk, does not recognise the TK’s legitimacy due to it containing judges unlawfully appointed by the former Law and Justice (PiS) administration.

The case was brought by a group of opposition lawmakers led by Sebastian Kaleta, a PiS MP and former deputy justice minister. The motion challenged the compatibility of EU climate rules – including Directive 2003/87/EC, which created the EU Emissions Trading Scheme (EU ETS) – with the Polish constitution.

The MPs argued that, although Poland had transferred some powers to Brussels, it should retain sovereignty over critical energy decisions. They claimed that mandatory participation in the EU ETS restricts economic freedom and undermines the state’s ability to ensure energy security.

They also warned that EU decision-making processes, which do not require unanimity in the European Council on issues affecting Poland’s energy mix, might breach the limits of competence conferred on the EU and undermine the primacy of the Polish constitution.

In its ruling, the TK agreed with the motion’s core arguments. It held that the CJEU had extended the interpretation of the Treaty on the Functioning of the European Union beyond the conferred competences, infringing on national sovereignty.

“Competences not conferred on the European Union belong to the member states themselves, and the EU can only act on the basis of the principle of subsidiarity, subject to the scrutiny of national parliaments at all times,” the court said.

Consequently, the TK found this interpretation of EU law to be incompatible with the Polish constitution, emphasising that Poland cannot lose control over the scope of delegated powers, especially in such a key area as energy sovereignty.

The TK, however, discontinued proceedings relating specifically to the ETS “due to the incomplete, from a formal point of view, definition of the object under verification”.

The TK concluded its statement by stating that it was now up to the Polish legislature and executive to take “appropriate public law measures” to implement the decision, which enters into force upon its publication.

However, it is the government that is responsible for publishing TK rulings, and it refuses to do so due to given that some of the tribunal’s judges were illegitimately appointed under PiS.

The ruling could still reverberate in Polish politics, however. The PiS-aligned president-elect, Karol Nawrocki, who takes office in August, said last month that the TK’s decision on this case could be a way to lower the electricity prices by 33% – one of his campaign promises.

He also pledged to hold a referendum on withdrawing from the EU’s Green Deal – a set of policies aimed at reaching climate neutrality by 2050 – and reaffirmed his support for coal, which remains Poland’s main source of electricity generation and is also widely used for heating homes.

PiS politicians welcomed the verdict, insisting that it means that Poland does not have to implement the Green Deal.

“The EU has not been given the competence to decide without the consent of Poland which energy sources we can use and what fiscal burdens may be imposed on individual sources,” Kaleta wrote on X. “This opens the path for a radical reduction in electricity and heating prices now.”

The former justice minister in the PiS government, Zbigniew Ziobro, meanwhile, challenged Tusk, asking if he would “break the law again and hide the verdict to drive Poles into poverty” or “will you behave as you should?”

The government has so far not commented on the TK’s ruling.

Poland’s Constitutional Tribunal (TK) has ruled that European Union energy and climate regulations are incompatible with the Polish constitution and breach national sovereignty in determining energy policy.

The Tribunal found that EU institutions, including the Court of Justice of the European Union (CJEU), had exceeded their competences by interpreting EU treaties in a way that significantly impacts Poland’s ability to choose its energy sources independently.

Interpretations of EU law “cannot mean that Poland loses control over the scope of its delegated competences, and thus that there are areas in which its sovereignty (here: energy) is not protected”, the court said in a statement announcing its decision.

However, the ruling is unlikely to have any real effect for now given that the current government, a coalition led by Prime Minister Donald Tusk, does not recognise the TK’s legitimacy due to it containing judges unlawfully appointed by the former Law and Justice (PiS) administration.

The case was brought by a group of opposition lawmakers led by Sebastian Kaleta, a PiS MP and former deputy justice minister. The motion challenged the compatibility of EU climate rules – including Directive 2003/87/EC, which created the EU Emissions Trading Scheme (EU ETS) – with the Polish constitution.

The MPs argued that, although Poland had transferred some powers to Brussels, it should retain sovereignty over critical energy decisions. They claimed that mandatory participation in the EU ETS restricts economic freedom and undermines the state’s ability to ensure energy security.

They also warned that EU decision-making processes, which do not require unanimity in the European Council on issues affecting Poland’s energy mix, might breach the limits of competence conferred on the EU and undermine the primacy of the Polish constitution.

In its ruling, the TK agreed with the motion’s core arguments. It held that the CJEU had extended the interpretation of the Treaty on the Functioning of the European Union beyond the conferred competences, infringing on national sovereignty.

“Competences not conferred on the European Union belong to the member states themselves, and the EU can only act on the basis of the principle of subsidiarity, subject to the scrutiny of national parliaments at all times,” the court said.

Consequently, the TK found this interpretation of EU law to be incompatible with the Polish constitution, emphasising that Poland cannot lose control over the scope of delegated powers, especially in such a key area as energy sovereignty.

The TK, however, discontinued proceedings relating specifically to the ETS “due to the incomplete, from a formal point of view, definition of the object under verification”.

The TK concluded its statement by stating that it was now up to the Polish legislature and executive to take “appropriate public law measures” to implement the decision, which enters into force upon its publication.

However, it is the government that is responsible for publishing TK rulings, and it refuses to do so due to given that some of the tribunal’s judges were illegitimately appointed under PiS.

The ruling could still reverberate in Polish politics, however. The PiS-aligned president-elect, Karol Nawrocki, who takes office in August, said last month that the TK’s decision on this case could be a way to lower the electricity prices by 33% – one of his campaign promises.

He also pledged to hold a referendum on withdrawing from the EU’s Green Deal – a set of policies aimed at reaching climate neutrality by 2050 – and reaffirmed his support for coal, which remains Poland’s main source of electricity generation and is also widely used for heating homes.

PiS politicians welcomed the verdict, insisting that it means that Poland does not have to implement the Green Deal.

“The EU has not been given the competence to decide without the consent of Poland which energy sources we can use and what fiscal burdens may be imposed on individual sources,” Kaleta wrote on X. “This opens the path for a radical reduction in electricity and heating prices now.”

The former justice minister in the PiS government, Zbigniew Ziobro, meanwhile, challenged Tusk, asking if he would “break the law again and hide the verdict to drive Poles into poverty” or “will you behave as you should?”

The government has so far not commented on the TK’s ruling.

Poland’s Constitutional Tribunal (TK) has ruled that European Union energy and climate regulations are incompatible with the Polish constitution and breach national sovereignty in determining energy policy.

The Tribunal found that EU institutions, including the Court of Justice of the European Union (CJEU), had exceeded their competences by interpreting EU treaties in a way that significantly impacts Poland’s ability to choose its energy sources independently.

Interpretations of EU law “cannot mean that Poland loses control over the scope of its delegated competences, and thus that there are areas in which its sovereignty (here: energy) is not protected”, the court said in a statement announcing its decision.

However, the ruling is unlikely to have any real effect for now given that the current government, a coalition led by Prime Minister Donald Tusk, does not recognise the TK’s legitimacy due to it containing judges unlawfully appointed by the former Law and Justice (PiS) administration.

The case was brought by a group of opposition lawmakers led by Sebastian Kaleta, a PiS MP and former deputy justice minister. The motion challenged the compatibility of EU climate rules – including Directive 2003/87/EC, which created the EU Emissions Trading Scheme (EU ETS) – with the Polish constitution.

The MPs argued that, although Poland had transferred some powers to Brussels, it should retain sovereignty over critical energy decisions. They claimed that mandatory participation in the EU ETS restricts economic freedom and undermines the state’s ability to ensure energy security.

They also warned that EU decision-making processes, which do not require unanimity in the European Council on issues affecting Poland’s energy mix, might breach the limits of competence conferred on the EU and undermine the primacy of the Polish constitution.

In its ruling, the TK agreed with the motion’s core arguments. It held that the CJEU had extended the interpretation of the Treaty on the Functioning of the European Union beyond the conferred competences, infringing on national sovereignty.

“Competences not conferred on the European Union belong to the member states themselves, and the EU can only act on the basis of the principle of subsidiarity, subject to the scrutiny of national parliaments at all times,” the court said.

Consequently, the TK found this interpretation of EU law to be incompatible with the Polish constitution, emphasising that Poland cannot lose control over the scope of delegated powers, especially in such a key area as energy sovereignty.

The TK, however, discontinued proceedings relating specifically to the ETS “due to the incomplete, from a formal point of view, definition of the object under verification”.

The TK concluded its statement by stating that it was now up to the Polish legislature and executive to take “appropriate public law measures” to implement the decision, which enters into force upon its publication.

However, it is the government that is responsible for publishing TK rulings, and it refuses to do so due to given that some of the tribunal’s judges were illegitimately appointed under PiS.

The ruling could still reverberate in Polish politics, however. The PiS-aligned president-elect, Karol Nawrocki, who takes office in August, said last month that the TK’s decision on this case could be a way to lower the electricity prices by 33% – one of his campaign promises.

He also pledged to hold a referendum on withdrawing from the EU’s Green Deal – a set of policies aimed at reaching climate neutrality by 2050 – and reaffirmed his support for coal, which remains Poland’s main source of electricity generation and is also widely used for heating homes.

PiS politicians welcomed the verdict, insisting that it means that Poland does not have to implement the Green Deal.

“The EU has not been given the competence to decide without the consent of Poland which energy sources we can use and what fiscal burdens may be imposed on individual sources,” Kaleta wrote on X. “This opens the path for a radical reduction in electricity and heating prices now.”

The former justice minister in the PiS government, Zbigniew Ziobro, meanwhile, challenged Tusk, asking if he would “break the law again and hide the verdict to drive Poles into poverty” or “will you behave as you should?”

The government has so far not commented on the TK’s ruling.

Poland’s Constitutional Tribunal (TK) has ruled that European Union energy and climate regulations are incompatible with the Polish constitution and breach national sovereignty in determining energy policy.

The Tribunal found that EU institutions, including the Court of Justice of the European Union (CJEU), had exceeded their competences by interpreting EU treaties in a way that significantly impacts Poland’s ability to choose its energy sources independently.

Interpretations of EU law “cannot mean that Poland loses control over the scope of its delegated competences, and thus that there are areas in which its sovereignty (here: energy) is not protected”, the court said in a statement announcing its decision.

However, the ruling is unlikely to have any real effect for now given that the current government, a coalition led by Prime Minister Donald Tusk, does not recognise the TK’s legitimacy due to it containing judges unlawfully appointed by the former Law and Justice (PiS) administration.

The case was brought by a group of opposition lawmakers led by Sebastian Kaleta, a PiS MP and former deputy justice minister. The motion challenged the compatibility of EU climate rules – including Directive 2003/87/EC, which created the EU Emissions Trading Scheme (EU ETS) – with the Polish constitution.

The MPs argued that, although Poland had transferred some powers to Brussels, it should retain sovereignty over critical energy decisions. They claimed that mandatory participation in the EU ETS restricts economic freedom and undermines the state’s ability to ensure energy security.

They also warned that EU decision-making processes, which do not require unanimity in the European Council on issues affecting Poland’s energy mix, might breach the limits of competence conferred on the EU and undermine the primacy of the Polish constitution.

In its ruling, the TK agreed with the motion’s core arguments. It held that the CJEU had extended the interpretation of the Treaty on the Functioning of the European Union beyond the conferred competences, infringing on national sovereignty.

“Competences not conferred on the European Union belong to the member states themselves, and the EU can only act on the basis of the principle of subsidiarity, subject to the scrutiny of national parliaments at all times,” the court said.

Consequently, the TK found this interpretation of EU law to be incompatible with the Polish constitution, emphasising that Poland cannot lose control over the scope of delegated powers, especially in such a key area as energy sovereignty.

The TK, however, discontinued proceedings relating specifically to the ETS “due to the incomplete, from a formal point of view, definition of the object under verification”.

The TK concluded its statement by stating that it was now up to the Polish legislature and executive to take “appropriate public law measures” to implement the decision, which enters into force upon its publication.

However, it is the government that is responsible for publishing TK rulings, and it refuses to do so due to given that some of the tribunal’s judges were illegitimately appointed under PiS.

The ruling could still reverberate in Polish politics, however. The PiS-aligned president-elect, Karol Nawrocki, who takes office in August, said last month that the TK’s decision on this case could be a way to lower the electricity prices by 33% – one of his campaign promises.

He also pledged to hold a referendum on withdrawing from the EU’s Green Deal – a set of policies aimed at reaching climate neutrality by 2050 – and reaffirmed his support for coal, which remains Poland’s main source of electricity generation and is also widely used for heating homes.

PiS politicians welcomed the verdict, insisting that it means that Poland does not have to implement the Green Deal.

“The EU has not been given the competence to decide without the consent of Poland which energy sources we can use and what fiscal burdens may be imposed on individual sources,” Kaleta wrote on X. “This opens the path for a radical reduction in electricity and heating prices now.”

The former justice minister in the PiS government, Zbigniew Ziobro, meanwhile, challenged Tusk, asking if he would “break the law again and hide the verdict to drive Poles into poverty” or “will you behave as you should?”

The government has so far not commented on the TK’s ruling.

Poland’s Constitutional Tribunal (TK) has ruled that European Union energy and climate regulations are incompatible with the Polish constitution and breach national sovereignty in determining energy policy.

The Tribunal found that EU institutions, including the Court of Justice of the European Union (CJEU), had exceeded their competences by interpreting EU treaties in a way that significantly impacts Poland’s ability to choose its energy sources independently.

Interpretations of EU law “cannot mean that Poland loses control over the scope of its delegated competences, and thus that there are areas in which its sovereignty (here: energy) is not protected”, the court said in a statement announcing its decision.

However, the ruling is unlikely to have any real effect for now given that the current government, a coalition led by Prime Minister Donald Tusk, does not recognise the TK’s legitimacy due to it containing judges unlawfully appointed by the former Law and Justice (PiS) administration.

The case was brought by a group of opposition lawmakers led by Sebastian Kaleta, a PiS MP and former deputy justice minister. The motion challenged the compatibility of EU climate rules – including Directive 2003/87/EC, which created the EU Emissions Trading Scheme (EU ETS) – with the Polish constitution.

The MPs argued that, although Poland had transferred some powers to Brussels, it should retain sovereignty over critical energy decisions. They claimed that mandatory participation in the EU ETS restricts economic freedom and undermines the state’s ability to ensure energy security.

They also warned that EU decision-making processes, which do not require unanimity in the European Council on issues affecting Poland’s energy mix, might breach the limits of competence conferred on the EU and undermine the primacy of the Polish constitution.

In its ruling, the TK agreed with the motion’s core arguments. It held that the CJEU had extended the interpretation of the Treaty on the Functioning of the European Union beyond the conferred competences, infringing on national sovereignty.

“Competences not conferred on the European Union belong to the member states themselves, and the EU can only act on the basis of the principle of subsidiarity, subject to the scrutiny of national parliaments at all times,” the court said.

Consequently, the TK found this interpretation of EU law to be incompatible with the Polish constitution, emphasising that Poland cannot lose control over the scope of delegated powers, especially in such a key area as energy sovereignty.

The TK, however, discontinued proceedings relating specifically to the ETS “due to the incomplete, from a formal point of view, definition of the object under verification”.

The TK concluded its statement by stating that it was now up to the Polish legislature and executive to take “appropriate public law measures” to implement the decision, which enters into force upon its publication.

However, it is the government that is responsible for publishing TK rulings, and it refuses to do so due to given that some of the tribunal’s judges were illegitimately appointed under PiS.

The ruling could still reverberate in Polish politics, however. The PiS-aligned president-elect, Karol Nawrocki, who takes office in August, said last month that the TK’s decision on this case could be a way to lower the electricity prices by 33% – one of his campaign promises.

He also pledged to hold a referendum on withdrawing from the EU’s Green Deal – a set of policies aimed at reaching climate neutrality by 2050 – and reaffirmed his support for coal, which remains Poland’s main source of electricity generation and is also widely used for heating homes.

PiS politicians welcomed the verdict, insisting that it means that Poland does not have to implement the Green Deal.

“The EU has not been given the competence to decide without the consent of Poland which energy sources we can use and what fiscal burdens may be imposed on individual sources,” Kaleta wrote on X. “This opens the path for a radical reduction in electricity and heating prices now.”

The former justice minister in the PiS government, Zbigniew Ziobro, meanwhile, challenged Tusk, asking if he would “break the law again and hide the verdict to drive Poles into poverty” or “will you behave as you should?”

The government has so far not commented on the TK’s ruling.

Poland’s Constitutional Tribunal (TK) has ruled that European Union energy and climate regulations are incompatible with the Polish constitution and breach national sovereignty in determining energy policy.

The Tribunal found that EU institutions, including the Court of Justice of the European Union (CJEU), had exceeded their competences by interpreting EU treaties in a way that significantly impacts Poland’s ability to choose its energy sources independently.

Interpretations of EU law “cannot mean that Poland loses control over the scope of its delegated competences, and thus that there are areas in which its sovereignty (here: energy) is not protected”, the court said in a statement announcing its decision.

However, the ruling is unlikely to have any real effect for now given that the current government, a coalition led by Prime Minister Donald Tusk, does not recognise the TK’s legitimacy due to it containing judges unlawfully appointed by the former Law and Justice (PiS) administration.

The case was brought by a group of opposition lawmakers led by Sebastian Kaleta, a PiS MP and former deputy justice minister. The motion challenged the compatibility of EU climate rules – including Directive 2003/87/EC, which created the EU Emissions Trading Scheme (EU ETS) – with the Polish constitution.

The MPs argued that, although Poland had transferred some powers to Brussels, it should retain sovereignty over critical energy decisions. They claimed that mandatory participation in the EU ETS restricts economic freedom and undermines the state’s ability to ensure energy security.

They also warned that EU decision-making processes, which do not require unanimity in the European Council on issues affecting Poland’s energy mix, might breach the limits of competence conferred on the EU and undermine the primacy of the Polish constitution.

In its ruling, the TK agreed with the motion’s core arguments. It held that the CJEU had extended the interpretation of the Treaty on the Functioning of the European Union beyond the conferred competences, infringing on national sovereignty.

“Competences not conferred on the European Union belong to the member states themselves, and the EU can only act on the basis of the principle of subsidiarity, subject to the scrutiny of national parliaments at all times,” the court said.

Consequently, the TK found this interpretation of EU law to be incompatible with the Polish constitution, emphasising that Poland cannot lose control over the scope of delegated powers, especially in such a key area as energy sovereignty.

The TK, however, discontinued proceedings relating specifically to the ETS “due to the incomplete, from a formal point of view, definition of the object under verification”.

The TK concluded its statement by stating that it was now up to the Polish legislature and executive to take “appropriate public law measures” to implement the decision, which enters into force upon its publication.

However, it is the government that is responsible for publishing TK rulings, and it refuses to do so due to given that some of the tribunal’s judges were illegitimately appointed under PiS.

The ruling could still reverberate in Polish politics, however. The PiS-aligned president-elect, Karol Nawrocki, who takes office in August, said last month that the TK’s decision on this case could be a way to lower the electricity prices by 33% – one of his campaign promises.

He also pledged to hold a referendum on withdrawing from the EU’s Green Deal – a set of policies aimed at reaching climate neutrality by 2050 – and reaffirmed his support for coal, which remains Poland’s main source of electricity generation and is also widely used for heating homes.

PiS politicians welcomed the verdict, insisting that it means that Poland does not have to implement the Green Deal.

“The EU has not been given the competence to decide without the consent of Poland which energy sources we can use and what fiscal burdens may be imposed on individual sources,” Kaleta wrote on X. “This opens the path for a radical reduction in electricity and heating prices now.”

The former justice minister in the PiS government, Zbigniew Ziobro, meanwhile, challenged Tusk, asking if he would “break the law again and hide the verdict to drive Poles into poverty” or “will you behave as you should?”

The government has so far not commented on the TK’s ruling.

Right-wing opposition presidential candidate Karol Nawrocki has won Poland’s presidential election, official results show. With 100% of districts having reported results, Nawrocki won 50.89% of the vote against 49.11% for his centrist, government-aligned rival, Rafał Trzaskowski.

Turnout stood at 71.63%, which is a record for a Polish presidential election, beating the 68.23% seen in 1995. It is also the second-highest turnout among all post-1989 Polish elections, behind only the 74.38% at the 2023 parliamentary election.

The outcome represents a remarkable victory for Nawrocki, a political novice who had never previously stood for elected office and trailed Trzaskowski in the polls for virtually the entire campaign. It will also have a huge influence on how Poland is governed during his five-year term.

Trzaskowski, who is deputy leader of Poland’s main ruling party, the centrist Civic Platform (PO), would have worked closely with the ruling coalition of PO Prime Minister Donald Tusk.

However, Nawrocki, technically an independent but whose candidacy was supported by the national-conservative opposition Law and Justice (PiS) party, is likely to wield his veto and other presidential powers to stymie the government’s agenda, just as the current PiS-aligned incumbent Andrzej Duda has done.

Trzaskowski, a multilingual former minister for European affairs and member of the European Parliament, would also have favoured closer relations with Brussels while Nawrocki – who was endorsed by the Trump administration during the campaign – is a eurosceptic who favours strong ties with Washington.

Sunday’s run-off vote came two weeks after Trzaskowski and Nawrocki had emerged as the top two candidates among 13 who stood in the first round two weeks earlier.

The initial exit poll, published immediately as voting ended at 9 p.m., placed Trzaskowski narrowly ahead, on 50.3%. However, with a margin of error of around 2 percentage points, that poll made the result too close to call.

Updated versions of the exit poll published later on Sunday and in the early hours of Monday – which also included the first official results as they began to filter through – showed a reversal of the situation, with Nawrocki now leading on 50.7%. That led many analysts to call the win for Nawrocki.

Among the first to congratulate Nawrocki on Monday morning was Duda, whose second and final term in office ends in August this year.

“It was a difficult, sometimes painful, but incredibly courageous fight for Poland, for how the affairs of our homeland are to be conducted,” wrote Duda, who endorsed Nawrocki during the campaign. “Thank you for this heroic fight until the last minute…Thank you…for the victory! Bravo!”

Duda, who himself defeated Trzaskowski at the 2020 presidential election, also thanked the losing candidate for his “determination in the fight for the presidency…[and] willingness to take responsibility for Poland”.

Neither Nawrocki nor Trzaskowski have yet commented on the result, but the first foreign leader to issue congratulations to Nawrocki was Petr Pavel, president of the neighbouring Czech Republic.

“I believe that, under his leadership, Poland will continue to develop its democratic and pro-Western direction and that our countries will continue their mutually beneficial cooperation,” wrote Pavel.

The final election results must also be confirmed by the Supreme Court’s chamber of extraordinary review and public affairs.

However, that process is shrouded in controversy because the chamber – which was created as part of the PiS party’s judicial reforms when it was in power – is regarded as illegitimate by Tusk’s government.

An attempt by the ruling coalition to change the way that the presidential election results are validated by the Supreme Court was vetoed in March this year by Duda

Sunday’s run-off vote comes at the end of a months-long campaign that has seen the interrelated issues of security and migration at the forefront.

The war in neighbouring Ukraine has seen both candidates pledge to continue efforts to bolster Poland’s defence capabilities through expansion and modernisation of the armed forces.

Nawrocki, however, has taken a much tougher line regarding Ukraine itself, including signing a pledge not to ratify its accession to NATO if he becomes president. Tusk, as well as Ukraine’s ambassador to Poland, criticised that decision, saying that it echoed Russian demands.

Both candidates have also pledged to clamp down on immigration and on the support given to immigrants already in Poland, though again Nawrocki has taken tougher positions.

Trzaskowski, meanwhile, has pledged that, if he were to become president, he would seek to sign bills liberalising the abortion law, introducing same-sex civil partnerships and undoing PiS’s judicial reforms.

Nawrocki, by contrast, holds deeply conservative views on social issues and has pledged not to sign any bills ending the current near-total ban on abortion.

During the final stages of the campaign, Nawrocki was hit by a series of scandals. It came to light that he had lied about only having one apartment. Not only did he own a second, but various questions came to light over how he had come to possess it and how he treated the elderly, disabled man living there.

Subsequently, a leading news website, Onet, reported that Nawrocki had helped procure prostitutes for guests at a luxury hotel where he worked as a security guard. Nawrocki denied the claims – based on testimony by anonymous former colleagues – and pledged to sue Onet.

Meanwhile, Trzaskowski faced questions after it emerged that hundreds of thousands of zloty had been spent on Facebook adverts supporting him and attacking Nawrocki.

The provenance of that money remains unclear, but there is a chance it came from abroad, which would be illegal under Polish election law. Trzaskowski has insisted that he and his staff had no involvement in or knowledge of the campaign.

Right-wing opposition presidential candidate Karol Nawrocki has won Poland’s presidential election, official results show. With 100% of districts having reported results, Nawrocki won 50.89% of the vote against 49.11% for his centrist, government-aligned rival, Rafał Trzaskowski.

Turnout stood at 71.63%, which is a record for a Polish presidential election, beating the 68.23% seen in 1995. It is also the second-highest turnout among all post-1989 Polish elections, behind only the 74.38% at the 2023 parliamentary election.

The outcome represents a remarkable victory for Nawrocki, a political novice who had never previously stood for elected office and trailed Trzaskowski in the polls for virtually the entire campaign. It will also have a huge influence on how Poland is governed during his five-year term.

Trzaskowski, who is deputy leader of Poland’s main ruling party, the centrist Civic Platform (PO), would have worked closely with the ruling coalition of PO Prime Minister Donald Tusk.

However, Nawrocki, technically an independent but whose candidacy was supported by the national-conservative opposition Law and Justice (PiS) party, is likely to wield his veto and other presidential powers to stymie the government’s agenda, just as the current PiS-aligned incumbent Andrzej Duda has done.

Trzaskowski, a multilingual former minister for European affairs and member of the European Parliament, would also have favoured closer relations with Brussels while Nawrocki – who was endorsed by the Trump administration during the campaign – is a eurosceptic who favours strong ties with Washington.

Sunday’s run-off vote came two weeks after Trzaskowski and Nawrocki had emerged as the top two candidates among 13 who stood in the first round two weeks earlier.

The initial exit poll, published immediately as voting ended at 9 p.m., placed Trzaskowski narrowly ahead, on 50.3%. However, with a margin of error of around 2 percentage points, that poll made the result too close to call.

Updated versions of the exit poll published later on Sunday and in the early hours of Monday – which also included the first official results as they began to filter through – showed a reversal of the situation, with Nawrocki now leading on 50.7%. That led many analysts to call the win for Nawrocki.

Among the first to congratulate Nawrocki on Monday morning was Duda, whose second and final term in office ends in August this year.

“It was a difficult, sometimes painful, but incredibly courageous fight for Poland, for how the affairs of our homeland are to be conducted,” wrote Duda, who endorsed Nawrocki during the campaign. “Thank you for this heroic fight until the last minute…Thank you…for the victory! Bravo!”

Duda, who himself defeated Trzaskowski at the 2020 presidential election, also thanked the losing candidate for his “determination in the fight for the presidency…[and] willingness to take responsibility for Poland”.

Neither Nawrocki nor Trzaskowski have yet commented on the result, but the first foreign leader to issue congratulations to Nawrocki was Petr Pavel, president of the neighbouring Czech Republic.

“I believe that, under his leadership, Poland will continue to develop its democratic and pro-Western direction and that our countries will continue their mutually beneficial cooperation,” wrote Pavel.

The final election results must also be confirmed by the Supreme Court’s chamber of extraordinary review and public affairs.

However, that process is shrouded in controversy because the chamber – which was created as part of the PiS party’s judicial reforms when it was in power – is regarded as illegitimate by Tusk’s government.

An attempt by the ruling coalition to change the way that the presidential election results are validated by the Supreme Court was vetoed in March this year by Duda

Sunday’s run-off vote comes at the end of a months-long campaign that has seen the interrelated issues of security and migration at the forefront.

The war in neighbouring Ukraine has seen both candidates pledge to continue efforts to bolster Poland’s defence capabilities through expansion and modernisation of the armed forces.

Nawrocki, however, has taken a much tougher line regarding Ukraine itself, including signing a pledge not to ratify its accession to NATO if he becomes president. Tusk, as well as Ukraine’s ambassador to Poland, criticised that decision, saying that it echoed Russian demands.

Both candidates have also pledged to clamp down on immigration and on the support given to immigrants already in Poland, though again Nawrocki has taken tougher positions.

Trzaskowski, meanwhile, has pledged that, if he were to become president, he would seek to sign bills liberalising the abortion law, introducing same-sex civil partnerships and undoing PiS’s judicial reforms.

Nawrocki, by contrast, holds deeply conservative views on social issues and has pledged not to sign any bills ending the current near-total ban on abortion.

During the final stages of the campaign, Nawrocki was hit by a series of scandals. It came to light that he had lied about only having one apartment. Not only did he own a second, but various questions came to light over how he had come to possess it and how he treated the elderly, disabled man living there.

Subsequently, a leading news website, Onet, reported that Nawrocki had helped procure prostitutes for guests at a luxury hotel where he worked as a security guard. Nawrocki denied the claims – based on testimony by anonymous former colleagues – and pledged to sue Onet.

Meanwhile, Trzaskowski faced questions after it emerged that hundreds of thousands of zloty had been spent on Facebook adverts supporting him and attacking Nawrocki.

The provenance of that money remains unclear, but there is a chance it came from abroad, which would be illegal under Polish election law. Trzaskowski has insisted that he and his staff had no involvement in or knowledge of the campaign.

Right-wing opposition presidential candidate Karol Nawrocki has won Poland’s presidential election, official results show. With 100% of districts having reported results, Nawrocki won 50.89% of the vote against 49.11% for his centrist, government-aligned rival, Rafał Trzaskowski.

Turnout stood at 71.63%, which is a record for a Polish presidential election, beating the 68.23% seen in 1995. It is also the second-highest turnout among all post-1989 Polish elections, behind only the 74.38% at the 2023 parliamentary election.

The outcome represents a remarkable victory for Nawrocki, a political novice who had never previously stood for elected office and trailed Trzaskowski in the polls for virtually the entire campaign. It will also have a huge influence on how Poland is governed during his five-year term.

Trzaskowski, who is deputy leader of Poland’s main ruling party, the centrist Civic Platform (PO), would have worked closely with the ruling coalition of PO Prime Minister Donald Tusk.

However, Nawrocki, technically an independent but whose candidacy was supported by the national-conservative opposition Law and Justice (PiS) party, is likely to wield his veto and other presidential powers to stymie the government’s agenda, just as the current PiS-aligned incumbent Andrzej Duda has done.

Trzaskowski, a multilingual former minister for European affairs and member of the European Parliament, would also have favoured closer relations with Brussels while Nawrocki – who was endorsed by the Trump administration during the campaign – is a eurosceptic who favours strong ties with Washington.

Sunday’s run-off vote came two weeks after Trzaskowski and Nawrocki had emerged as the top two candidates among 13 who stood in the first round two weeks earlier.

The initial exit poll, published immediately as voting ended at 9 p.m., placed Trzaskowski narrowly ahead, on 50.3%. However, with a margin of error of around 2 percentage points, that poll made the result too close to call.

Updated versions of the exit poll published later on Sunday and in the early hours of Monday – which also included the first official results as they began to filter through – showed a reversal of the situation, with Nawrocki now leading on 50.7%. That led many analysts to call the win for Nawrocki.

Among the first to congratulate Nawrocki on Monday morning was Duda, whose second and final term in office ends in August this year.

“It was a difficult, sometimes painful, but incredibly courageous fight for Poland, for how the affairs of our homeland are to be conducted,” wrote Duda, who endorsed Nawrocki during the campaign. “Thank you for this heroic fight until the last minute…Thank you…for the victory! Bravo!”

Duda, who himself defeated Trzaskowski at the 2020 presidential election, also thanked the losing candidate for his “determination in the fight for the presidency…[and] willingness to take responsibility for Poland”.

Neither Nawrocki nor Trzaskowski have yet commented on the result, but the first foreign leader to issue congratulations to Nawrocki was Petr Pavel, president of the neighbouring Czech Republic.

“I believe that, under his leadership, Poland will continue to develop its democratic and pro-Western direction and that our countries will continue their mutually beneficial cooperation,” wrote Pavel.

The final election results must also be confirmed by the Supreme Court’s chamber of extraordinary review and public affairs.

However, that process is shrouded in controversy because the chamber – which was created as part of the PiS party’s judicial reforms when it was in power – is regarded as illegitimate by Tusk’s government.

An attempt by the ruling coalition to change the way that the presidential election results are validated by the Supreme Court was vetoed in March this year by Duda

Sunday’s run-off vote comes at the end of a months-long campaign that has seen the interrelated issues of security and migration at the forefront.

The war in neighbouring Ukraine has seen both candidates pledge to continue efforts to bolster Poland’s defence capabilities through expansion and modernisation of the armed forces.

Nawrocki, however, has taken a much tougher line regarding Ukraine itself, including signing a pledge not to ratify its accession to NATO if he becomes president. Tusk, as well as Ukraine’s ambassador to Poland, criticised that decision, saying that it echoed Russian demands.

Both candidates have also pledged to clamp down on immigration and on the support given to immigrants already in Poland, though again Nawrocki has taken tougher positions.

Trzaskowski, meanwhile, has pledged that, if he were to become president, he would seek to sign bills liberalising the abortion law, introducing same-sex civil partnerships and undoing PiS’s judicial reforms.

Nawrocki, by contrast, holds deeply conservative views on social issues and has pledged not to sign any bills ending the current near-total ban on abortion.

During the final stages of the campaign, Nawrocki was hit by a series of scandals. It came to light that he had lied about only having one apartment. Not only did he own a second, but various questions came to light over how he had come to possess it and how he treated the elderly, disabled man living there.

Subsequently, a leading news website, Onet, reported that Nawrocki had helped procure prostitutes for guests at a luxury hotel where he worked as a security guard. Nawrocki denied the claims – based on testimony by anonymous former colleagues – and pledged to sue Onet.

Meanwhile, Trzaskowski faced questions after it emerged that hundreds of thousands of zloty had been spent on Facebook adverts supporting him and attacking Nawrocki.

The provenance of that money remains unclear, but there is a chance it came from abroad, which would be illegal under Polish election law. Trzaskowski has insisted that he and his staff had no involvement in or knowledge of the campaign.

Right-wing opposition presidential candidate Karol Nawrocki has won Poland’s presidential election, official results show. With 100% of districts having reported results, Nawrocki won 50.89% of the vote against 49.11% for his centrist, government-aligned rival, Rafał Trzaskowski.

Turnout stood at 71.63%, which is a record for a Polish presidential election, beating the 68.23% seen in 1995. It is also the second-highest turnout among all post-1989 Polish elections, behind only the 74.38% at the 2023 parliamentary election.

The outcome represents a remarkable victory for Nawrocki, a political novice who had never previously stood for elected office and trailed Trzaskowski in the polls for virtually the entire campaign. It will also have a huge influence on how Poland is governed during his five-year term.

Trzaskowski, who is deputy leader of Poland’s main ruling party, the centrist Civic Platform (PO), would have worked closely with the ruling coalition of PO Prime Minister Donald Tusk.

However, Nawrocki, technically an independent but whose candidacy was supported by the national-conservative opposition Law and Justice (PiS) party, is likely to wield his veto and other presidential powers to stymie the government’s agenda, just as the current PiS-aligned incumbent Andrzej Duda has done.

Trzaskowski, a multilingual former minister for European affairs and member of the European Parliament, would also have favoured closer relations with Brussels while Nawrocki – who was endorsed by the Trump administration during the campaign – is a eurosceptic who favours strong ties with Washington.

Sunday’s run-off vote came two weeks after Trzaskowski and Nawrocki had emerged as the top two candidates among 13 who stood in the first round two weeks earlier.

The initial exit poll, published immediately as voting ended at 9 p.m., placed Trzaskowski narrowly ahead, on 50.3%. However, with a margin of error of around 2 percentage points, that poll made the result too close to call.

Updated versions of the exit poll published later on Sunday and in the early hours of Monday – which also included the first official results as they began to filter through – showed a reversal of the situation, with Nawrocki now leading on 50.7%. That led many analysts to call the win for Nawrocki.

Among the first to congratulate Nawrocki on Monday morning was Duda, whose second and final term in office ends in August this year.

“It was a difficult, sometimes painful, but incredibly courageous fight for Poland, for how the affairs of our homeland are to be conducted,” wrote Duda, who endorsed Nawrocki during the campaign. “Thank you for this heroic fight until the last minute…Thank you…for the victory! Bravo!”

Duda, who himself defeated Trzaskowski at the 2020 presidential election, also thanked the losing candidate for his “determination in the fight for the presidency…[and] willingness to take responsibility for Poland”.

Neither Nawrocki nor Trzaskowski have yet commented on the result, but the first foreign leader to issue congratulations to Nawrocki was Petr Pavel, president of the neighbouring Czech Republic.

“I believe that, under his leadership, Poland will continue to develop its democratic and pro-Western direction and that our countries will continue their mutually beneficial cooperation,” wrote Pavel.

The final election results must also be confirmed by the Supreme Court’s chamber of extraordinary review and public affairs.

However, that process is shrouded in controversy because the chamber – which was created as part of the PiS party’s judicial reforms when it was in power – is regarded as illegitimate by Tusk’s government.

An attempt by the ruling coalition to change the way that the presidential election results are validated by the Supreme Court was vetoed in March this year by Duda

Sunday’s run-off vote comes at the end of a months-long campaign that has seen the interrelated issues of security and migration at the forefront.

The war in neighbouring Ukraine has seen both candidates pledge to continue efforts to bolster Poland’s defence capabilities through expansion and modernisation of the armed forces.

Nawrocki, however, has taken a much tougher line regarding Ukraine itself, including signing a pledge not to ratify its accession to NATO if he becomes president. Tusk, as well as Ukraine’s ambassador to Poland, criticised that decision, saying that it echoed Russian demands.

Both candidates have also pledged to clamp down on immigration and on the support given to immigrants already in Poland, though again Nawrocki has taken tougher positions.

Trzaskowski, meanwhile, has pledged that, if he were to become president, he would seek to sign bills liberalising the abortion law, introducing same-sex civil partnerships and undoing PiS’s judicial reforms.

Nawrocki, by contrast, holds deeply conservative views on social issues and has pledged not to sign any bills ending the current near-total ban on abortion.

During the final stages of the campaign, Nawrocki was hit by a series of scandals. It came to light that he had lied about only having one apartment. Not only did he own a second, but various questions came to light over how he had come to possess it and how he treated the elderly, disabled man living there.

Subsequently, a leading news website, Onet, reported that Nawrocki had helped procure prostitutes for guests at a luxury hotel where he worked as a security guard. Nawrocki denied the claims – based on testimony by anonymous former colleagues – and pledged to sue Onet.

Meanwhile, Trzaskowski faced questions after it emerged that hundreds of thousands of zloty had been spent on Facebook adverts supporting him and attacking Nawrocki.

The provenance of that money remains unclear, but there is a chance it came from abroad, which would be illegal under Polish election law. Trzaskowski has insisted that he and his staff had no involvement in or knowledge of the campaign.