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… 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 …

… 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. …

… The applicant, who is a barrister, complained that the Disciplinary Chamber of the Supreme Court that dealt with her case had not been an and “ by ” and alleged a breach of Article 6 § 1 of the Convention. THE FACTS 2. The applicant was born in 1980 and lives in Gdynia. Having been granted legal aid, she was represented by Ms M. Gąsiorowska, a lawyer practising in Warszawa. 3. …

… with regard to an and previously by , within the meaning of 19(1) TEU in conjunction with of the , since a legal prohibition relating to acts which are impossible would be wholly without normative merit. 159 According to the Republic of Poland, the right to an and previously by , guaranteed in of the , does not include the right for an individual to seek to challenge …

… 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 …

… K.’), held that of the Charter and Article 9(1) of Council Directive 2000/78/EC of 27 November 2000 a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) must be interpreted as precluding cases concerning the application of EU from falling within the exclusive jurisdiction of a court which is not an and , within the meaning of of the . …

… OPINION OF ADVOCATE GENERAL TANCHEV delivered on 6 May 2021(1) Case C-791/19 European Commission v Republic of Poland (Failure of a Member State to fulfil obligations - National measures a disciplinary regime for judges - Second subparagraph of 19(1) TEU - Rule of - Judicial - Definition of disciplinary offences - Examination by an and by - Reasonable time - Rights of the defence - and 48 of the …

… It follows that the requirement for the establishment of a disciplinary regime which guarantees the rights enshrined in and 48 of the Charter derives from the second subparagraph of Article 19(1) TEU. 69. This analysis is also consistent with the case-law in which the Court has linked the guarantees of the second subparagraph of Article 19(1) TEU and of the Charter. …

… The Republic of Poland contends that those rights arising from and 48 of the Charter do not derive from the second subparagraph of Article 19(1) TEU, so the third and fourth complaints cannot be upheld. …

… 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 .” The Chamber judgment 155. …

… Relying on these arguments, as well as on the decisions of the EFTA Court and the General Court of the EU as noted above (see paragraph 82 above), and on the previous findings of the Supreme Court regarding the irregularities in the procedure leading to the appointment of A.E. as a Court of Appeal judge (see the relevant judgments noted in paragraphs 67-75 above), the applicant claimed that he had been denied the right to a fair hearing before an and by …

… , as provided under Article 70 § 1 of the Constitution and Article 6 § 1 of the Convention. …

… In the determination of … any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . … 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to . …’ B. EU 1. The 5. …

… Paragraph 2 of of the reads: ‘Everyone is entitled to a fair and public hearing within a reasonable time by an and previously by . …’ 6. Under 48(1) of the Charter: ‘Everyone who has been charged shall be presumed innocent until proved guilty according to law.’ 2. Directive 2003/6 7. Article 12 of Directive 2003/6 provides: ‘1. …

… (c) Scope of the right to remain silent for the purposes of and 48 of the Charter 85. …

… and by . …

… That right relates to the principle of effective judicial protection which has, moreover, been enshrined in of the of Fundamental Rights (see, to that effect, judgment of 16 July 2009, Der Grüne Punkt - Duales System Deutschland v Commission, C-385/07 P, EU:C:2009:456, paragraphs 177 and 179). 97 In addition, the European Court of Human Rights noted, first, that the purpose of the reasonable time principle was, inter alia, to protect a person charged with a criminal offence against …

… of the Charter of Fundamental Rights of the European Union requires that, as part of the review of the lawfulness of the grounds which are the basis of the decision to include or to maintain a person’s name on the list of persons subject to restrictive measures, the Courts of the European Union are to ensure that that decision, which affects that person individually, is taken on a sufficiently solid factual basis. …

… and by . …

… That right relates to the principle of effective judicial protection which has, moreover, been enshrined in of the of Fundamental Rights (see, to that effect, judgment of 16 July 2009, Der Grüne Punkt - Duales System Deutschland v Commission, C-385/07 P, EU:C:2009:456, paragraphs 177 and 179). 98 In addition, the European Court of Human Rights noted, first, that the purpose of the reasonable time principle was, inter alia, to protect a person charged with a criminal offence against …

… of the Charter of Fundamental Rights of the European Union requires that, as part of the review of the lawfulness of the grounds which are the basis of the decision to include or to maintain a person’s name on the list of persons subject to restrictive measures, the Courts of the European Union are to ensure that that decision, which affects that person individually, is taken on a sufficiently solid factual basis. …

… The content of that right as there defined by Chronopost corresponds to the wording of 6(1) ECHR and (2) of the : ‘everyone must be entitled to a fair and public hearing within a reasonable time by an and by ’. (102) 132. …

… of the of Fundamental Rights of the European Union (‘the Charter’), (5) entitled ‘right to an effective remedy and to a fair trial’, states, in the second paragraph thereof: ‘Everyone is entitled to a fair and public hearing within a reasonable time by an and previously by . Everyone shall have the possibility of being advised, defended and represented.’ 7. …

… Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), entitled ‘right to a fair trial’, states that ‘everyone is entitled to a fair and public hearing within a reasonable time by an and by ’. Article 13 thereof enshrines the right to an effective remedy. TFEU 3. …

… and by . …

… That right relates to the principle of effective judicial protection and has, moreover, been reaffirmed in of the of Fundamental Rights (see, to that effect, judgment of 16 July 2009, Der Grüne Punkt - Duales System Deutschland v Commission, C-385/07 P, EU:C:2009:456, paragraphs 177 and 179). 85 Furthermore, the European Court of Human Rights has already pointed out that infringement of that principle could be established in particular where the investigation phase of criminal …

… of the Charter of Fundamental Rights of the European Union requires that, as part of the review of the lawfulness of the grounds which are the basis of the decision to include or to maintain a person’s name on the list of persons subject to restrictive measures, the Courts of the European Union are to ensure that that decision, which affects that person individually, is taken on a sufficiently solid factual basis. …