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… of the [Charter], be interpreted as meaning that a court of first instance of a Member State …, the formation of which is composed of a single judge of that court assigned to hear a case in flagrant breach of the provisions of national on the allocation of cases and the appointment and modification of the formations of a court, does not constitute an and previously by which ensures effective legal protection? …

… and judicial (see, to that effect, judgment of 11 July 2024, Hann-Invest and Others, C-554/21, C-622/21 and C-727/21, EU:C:2024:594, paragraph 55 and the case- cited). 64 Furthermore, the reference to a ‘ by law’, which also appears in the second paragraph of of the , reflects, in particular, the principle of the rule of law and covers not only the legal basis for the very existence of a tribunal, but also the composition of the bench in each …

… In those circumstances, as the Advocate General noted in point 48 of her Opinion, the doubts thus expressed by the referring court are sufficient to regard the questions relating to the application of those rules as having to be assessed in the light of the requirements of EU relating to the guarantee of an and previously by . 56 By its questions, which it is appropriate to examine together, the referring court asks, in essence, whether the second …

… Merits The parties’ submissions (a) Whether the Chamber of Extraordinary Review and Public Affairs satisfies the standard of an “ and by ” 156. …

… By the third plea, the Commission argues that the Constitutional Court no longer offers the guarantees of an and previously by for the purposes of the second subparagraph of 19(1) TEU, in conjunction with of the of Fundamental Rights of the European Union, (i) as a result of manifest irregularities in the appointments to judicial positions at the Constitutional Court in December 2015 in flagrant breach of Polish constitutional …

… ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION AS REGARDS THE RIGHT TO AN AND BY 133. The applicant complained under Article 6 § 1 of the Convention that his case had been examined by the Chamber of Extraordinary Review and Public Affairs of the Supreme Court, a body that did not constitute an “ and by ” within the meaning of this provision. …

… The CPL further noted that an analysis of the 2022 Amending Act led to the conclusion, although this was not apparent from the explanatory report accompanying it, that the legislature had noted the unequivocal position of the Court and the CJEU that the Disciplinary Chamber could not be regarded as an and by within the meaning of 6 § 1 of the Convention and of the of Fundamental Rights. …

… Turkey, no. 714/08, §§ 34-37, 18 February 2014, where the complaint of a failure to ensure the right to an and by was declared inadmissible on that basis; see also Khlyustov v. Russia, no. 28975/05, § 103, 11 July 2013; it is only permissible to complain about the unreasonable length of such proceedings). …

… The ensuing obligation of Poland to ensure the enjoyment of the right to a fair trial by an and by to everyone under its jurisdiction is not, at this stage, fulfilled. 30. To ensure the implementation of its international obligations under Article 1, Article 6 § 1 and Article 32 of the Convention, action is required by Poland. …

… U. of 2002, item 1269), as amended by the amending law (‘the amended Law relating to the administrative courts’), and 8 of the amending , which prohibit any national court from reviewing compliance with the EU requirements relating to an and previously by , the Republic of Poland has failed to fulfil its obligations under the second subparagraph of 19(1) TEU, read in conjunction with of the of Fundamental Rights of …

… compliance with the requirements of the European Union relating to an and previously by , within the meaning of 19(1) TEU in conjunction with of the ; (e) to suspend the application of Article 26(2) and (4) to (6) and Article 82(2) to (5) of the amended Law on the Supreme Court, and of Article 10 of the amending law, establishing the exclusive jurisdiction of the Extraordinary Review and Public Affairs Chamber to examine complaints …

… from verifying compliance with the requirements of the European Union relating to an and previously by arising from 19(1) TEU and from of the . 49 In that regard, in the first place, in so far as the argument of the Republic of Poland is to be understood as seeking to establish that the interim measure referred to in the previous paragraph has been implemented by means of the practice of its courts, it is sufficient to observe …

… In the determination of his civil rights and obligations and of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by , in accordance with of the and Article 6 ECHR (see, to that effect, judgments of 16 July 2009, Der Grüne Punkt - Duales System Deutschland v Commission, C-385/07 P, EU:C:2009:456, paragraphs 177 to 179, and of 5 June 2012, Imperial Chemical Industries …

… of the Charter, upon which the applicants also rely, Article 6 ECHR includes the obligation to comply with the reasonable time principle in judicial proceedings. 172 In the present case, neither Article 6 ECHR nor of the Charter can in any event affect the proper resolution of the dispute as far as concerns the plea in law examined here, since, contrary to the applicants’ claim, the Commission did in fact, as is clear from the contested decision, carry out the determination at issue …

… First Commission decision (2002) 2 From October to December 2000, the Commission of the European Communities carried out a number of verifications pursuant to CS at the premises of certain Italian undertakings engaged in the manufacture of reinforcing bars, including the applicants, and at the premises of an association of undertakings, the Federazione imprese siderurgiche italiane (Federation of Italian Steel Undertakings; ‘the Federacciai’). …

… and by in accordance with of the and Article 6 of the ECHR (see, to that effect, judgments of 16 July 2009, Der Grüne Punkt - Duales System Deutschland v Commission, C-385/07 P, EU:C:2009:456, paragraphs 177 to 179, and of 5 June 2012, Imperial Chemical Industries v Commission, T-214/06, EU:T:2012:275, paragraphs 282 and 283). 214 According to the case-law, the sanction for a breach, by an EU Court, of its obligation to adjudicate within a reasonable …

… (1) of the Charter and is a right which the EU Courts must ensure is respected. …

… The Commission’s first decision (2002) 2 From October to December 2000, the Commission of the European Communities carried out a number of checks pursuant to CS at the premises of certain Italian undertakings engaged in the manufacture of concrete reinforcing bars, including the applicant, and at the premises of an association of undertakings, the Federazione Imprese Siderurgiche Italiane (Federation of Italian Steel Undertakings; ‘Federacciai’). …

… They maintained that the Disciplinary Chamber could not be regarded as an and by within the meaning of 45 of the Constitution, of the of Fundamental Rights and Article 6 of the Convention. 25. On 23 December 2019 M.G., the First President of the Supreme Court replied that the request of the applicant’s lawyers had been received on 20 December, while the case was to be heard on 23 December 2019. …

… The first sentence of Article 6 § 1 of the Convention reads as follows: “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by .” Admissibility Applicability of Article 6 § 1 (a) The parties’ submissions 131. …

… The case concerns the applicant’s suspension from his judicial duties by the Disciplinary Chamber of the Supreme Court which, in the applicant’s submission, did not satisfy the requirements of an “ and by ”. He also claimed that the suspension had amounted to a breach of his right to respect for his private life and that the restriction on the said right had been applied for a purpose not prescribed by the Convention. …

… This conclusion was the starting point for its assessment of whether the Disciplinary Chamber could be considered an “ and by ”: “61. …

… The foregoing is the point of departure for assessing whether the Disciplinary Chamber of the Supreme Court (hereinafter ‘IDSN’) is an and within the meaning of of the and Article 6 of the Convention, and ... although this is not expressly assessed in the present case, whether it can be [considered] a court pursuant to domestic law. …

… It complained that the Civil Chamber that had dealt with its case had not been an “ and by ” and alleged a breach of Article 6 § 1 of the Convention. THE FACTS 2. The applicant company’s registered office is in Warsaw. It was represented by Mr D. Gliński, the Chairman of the Board. The applicant company had been granted legal aid in the proceedings before the Court and was represented by Ms M. Gąsiorowska and Ms J. …

… This conclusion was the starting point for its assessment of whether the Disciplinary Chamber could be considered an “ and by ”: “61. …

… The foregoing is the point of departure for assessing whether the Disciplinary Chamber of the Supreme Court (hereinafter ‘IDSN’) is an and within the meaning of of the and Article 6 of the Convention, and ... although this is not expressly assessed in the present case, whether it can be [considered] a court pursuant to domestic law. …

… They complained that the Chamber of Extraordinary Review and Public Affairs of the Supreme Court, which examined their appeals against the resolutions of the NCJ, had not been an “ and by ”. They alleged a breach of Article 6 § 1 of the Convention. THE FACTS 2. The applicants were born in 1979 and 1966 respectively and live in Siemianowice Śląskie and Lublin. They were represented by Ms S. Gregorczyk‑Abram and Ms M. …

… 40 The referring court considers that the answer to the questions thus addressed to it will depend, inter alia, on whether a judge appointed in such circumstances constitutes an and by , within the meaning of the second subparagraph of 19(1) TEU, Article 267 TFEU, the second subparagraph of of the , and Article 6(1) ECHR. 41 According to the referring court, the second subparagraph of Article 19(1) TEU, requires Member States …

… According to its wording, that question concerns, more specifically whether, taking those circumstances into account, that judge may be regarded as constituting an ‘ and previously by within the meaning of EU law’. 122 As regards those concepts, it follows from the first sentence of the second paragraph of of the , which reflects, in essence and as has already been noted in paragraph 102 of this judgment, the general principle of EU …

… and by to be able, in accordance with a procedure that fully safeguards the rights enshrined in and 48 of the , to review the validity of that decision and that of the decision not to adjudicate of a body such as the KRS concerning the challenge brought against that transfer decision. 121 In the present case, the referring court, seeks, in essence, as is apparent from paragraph 71 of the present judgment, to determine whether, in the context …