European Commission v Republic of Poland (C-448/23)
law://eu/cjeu/2023/c-448-23/para_180@2026-11-15
Key facts
Court
Court of Justice · Grand Chamber
Case
C-448/23 · ECLI:EU:C:2025:975
Decided
18 Dec 2025
Procedure
Infringement action
Applicant
European Commission
Defendant
Republic of Poland
Rapporteur
T. von Danwitz
Advocate General
D. Spielmann
Bench
15 judgesK. Lenaerts, T. von Danwitz, F. Biltgen, I. Jarukaitis, M.L. Arastey Sahún, I. Ziemele, J. Passer, O. Spineanu-Matei, M. Condinanzi, F. Schalin, A. Kumin, N. Jääskinen, D. Gratsias, Z. Csehi, B. Smulders
180Even though, as is apparent from Article 4(2) TEU, the European Union respects the national identities of the Member States, inherent in their fundamental structures, political and constitutional, such that those States enjoy a certain degree of discretion in implementing the principles of the rule of law, it in no way follows that that obligation as to the result to be achieved may vary from one Member State to another. Whilst they have separate national identities, inherent in their fundamental structures, political and constitutional, which the European Union respects, the Member States adhere to a concept of ‘the rule of law’ which they share, as a value common to their own constitutional traditions, and which they have undertaken to respect at all times (judgments of 16 February 2022, Hungary v Parliament and Council, C‑156/21, EU:C:2022:97, paragraphs 233 and 234, and of 5 June 2023, Commission v Poland (Independence and private life of judges), C‑204/21, EU:C:2023:442, paragraph 73).