European Commission referred Poland to the European Court of Justice (ECJ) for violations of the European Union law by the Polish Constitutional Tribunal and its case law. The decision stems from a rule of law dispute in 2021 when the Polish Constitutional Tribunal challenged the primacy of EU law by ruling that EU treaties are incompatible with the Polish Constitution.
However, the Commission stated that it does not recognize the Polish Constitutional Tribunal as an "independent and impartial tribunal" due to the "irregularities in the appointment procedures" of three judges in 2015 and the Polish president in 2016. The Commission sent a formal request to comply with EU law in July 2022, which Poland rejected. The Commission concluded that the Polish reply does not address its concerns, deciding to refer it to the ECJ.
