In a bombshell ruling on 18 December 2025, the Court of Justice of the European Union concluded that Poland’s Constitutional Tribunal is neither independent nor impartial under EU law, citing irregular judicial appointments dating back to 2015. The decision invalidates a string of Tribunal verdicts that questioned the primacy of EU treaties over Polish law.
Why should mobility managers care? First, Poland’s access to EU cohesion funds—some earmarked for digitalising visa and residence-permit processes—now hangs in the balance. A prolonged freeze could slow plans to clear the 260,000-case residence-permit backlog despite this month’s jump to fully digital filings.
Companies looking for up-to-date guidance on Polish entry rules during this period of uncertainty can lean on specialist agencies such as VisaHQ, which tracks daily changes to visa, e-visa and residence-permit policies and offers application assistance through its Poland portal (https://www.visahq.com/poland/). Their tools and alerts give mobility managers an early warning of sudden documentation shifts and help travelers file compliant paperwork even if local portals slow or funding stalls.
![CJEU Declares Poland’s Constitutional Tribunal Illegitimate, Creating Uncertainty for EU Free-Movement Rules]()
Second, mutual trust among Schengen states is a cornerstone of free movement. If the European Commission pushes fresh infringement proceedings, other members could lobby for tighter document checks on travellers entering or leaving Poland, reintroducing friction that had largely disappeared after the pandemic.
Finally, the verdict raises questions about recognition of professional qualifications and posted-worker supervision. Brussels has hinted that continued non-compliance could disrupt administrative-co-operation portals used to verify work-permit data, forcing assignees in regulated professions to obtain extra paperwork or re-licensing.
Prime Minister Donald Tusk’s pro-EU government welcomed the judgment and vowed rapid legislative action, but with two presidents aligned to the former ruling party still holding veto power, legal scholars warn of months of gridlock. Employers should therefore build extra lead-time into Polish work-authorisation strategies and monitor potential CJEU penalty payments that could divert funds from immigration IT upgrades.
Why should mobility managers care? First, Poland’s access to EU cohesion funds—some earmarked for digitalising visa and residence-permit processes—now hangs in the balance. A prolonged freeze could slow plans to clear the 260,000-case residence-permit backlog despite this month’s jump to fully digital filings.
Companies looking for up-to-date guidance on Polish entry rules during this period of uncertainty can lean on specialist agencies such as VisaHQ, which tracks daily changes to visa, e-visa and residence-permit policies and offers application assistance through its Poland portal (https://www.visahq.com/poland/). Their tools and alerts give mobility managers an early warning of sudden documentation shifts and help travelers file compliant paperwork even if local portals slow or funding stalls.
Second, mutual trust among Schengen states is a cornerstone of free movement. If the European Commission pushes fresh infringement proceedings, other members could lobby for tighter document checks on travellers entering or leaving Poland, reintroducing friction that had largely disappeared after the pandemic.
Finally, the verdict raises questions about recognition of professional qualifications and posted-worker supervision. Brussels has hinted that continued non-compliance could disrupt administrative-co-operation portals used to verify work-permit data, forcing assignees in regulated professions to obtain extra paperwork or re-licensing.
Prime Minister Donald Tusk’s pro-EU government welcomed the judgment and vowed rapid legislative action, but with two presidents aligned to the former ruling party still holding veto power, legal scholars warn of months of gridlock. Employers should therefore build extra lead-time into Polish work-authorisation strategies and monitor potential CJEU penalty payments that could divert funds from immigration IT upgrades.
