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Group of Members of the Sejm v. European Union environmental and energy competences (K 10/24) - judgment

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In August 2023, under the Law and Justice (PiS) government, Poland filed four annulment actions at the EU Court of Justice challenging elements of the EU’s Fit for 55 climate package, including the phase-out of combustion engine vehicles and related energy measures. Poland argued these measures exceeded EU competences, breached the principle of subsidiarity, and imposed disproportionate burdens on energy-intensive industries.

Following the October 2023 election of the Civic Coalition, led by Prime Minister Donald Tusk, Poland reversed its position on EU climate policy and formally withdrew the lawsuits in February 2024.

Despite this change in government policy, Poland’s Constitutional Tribunal issued a judgment on 10 June 2025 in case K 10/24. The Tribunal ruled—by majority—that the interpretation of Article 192(1) in conjunction with Article 192(2)(c) TFEU, as developed by the CJEU, was incompatible with Articles 2, 4(1), 7, 8(1) and 90(1) of the Polish Constitution. In particular, the Court found that narrowing the unanimity requirement in the Council to only those EU environmental measures whose primary intended effect is to significantly influence a Member State’s energy mix undermines Polish sovereignty and circumvents the constitutional procedure for transferring competences.

The Tribunal discontinued review of other claims—concerning alleged disproportionate obligations under the EU Emissions Trading System (EU ETS) and impacts on economic freedom—on procedural grounds. It stressed that the ruling does not invalidate the relevant TFEU provisions themselves, but declares unconstitutional the manner in which they have been interpreted and applied, with potential implications for Poland’s future compliance with EU climate and energy legislation.

Group of Members of the Sejm v. European Union environmental and energy competences (K 10/24)

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

Actions or measures to adapt freshwater systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Either money or something of monetary value is transferred between two or more organisations, people or countries.

This sector involves the distribution, treatment, and conservation of water resources.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves activities to move goods and people, alongside the storage of products.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Group of Members of the Sejm v. European Union environmental and energy competences (K 10/24) - judgment

Target

Policy instrument

Risk

Just transition

Renewable energy

Greenhouse gas

Economic sector

Adaptation/resilience

Finance