EU member states’ energy sovereignty and the eu environmental law: analysis of The Polish Constitutional Tribunal’s judgment of 10 june 2025 (K 10/24)
EU member states’ energy sovereignty and the eu environmental law: analysis of The Polish Constitutional Tribunal’s judgment of 10 june 2025 (K 10/24)

Summary/Abstract: The ruling of the Polish Constitutional Tribunal (Trybunał Konstytucyjny; hereafter:‘TK’) of June 10, 2025 (ref. no. K 10/24; hereafter: abbr. ‘K 10/24’)1 concerns the constitutional conditions under which the European Union may exercise competence in a way that affects the fundamental political choices of a Member State regarding the structure of energy supply in a Member State. The case does not primarily concern the legitimacy of climate policy or the economic expediency of the EU Emissions Trading System (EU ETS). Rather, it concerns the constitutional issue of institutional design: whether the scope and manner of exercising EU competence – in particular, the choice of legislative procedure under the Treaties – can be changed by judicial interpretation in a way that, from the point of view of the Polish Constitution, constitutes a presumed extension of the competences conferred to the EU without meeting the Polish constitutional requirements for such a transfer.

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