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… This right includes: (a) the right of every person to be heard, before any individual measure which would affect him or her adversely is taken; (b) the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy; (c) the obligation of the administration to give reasons for its decisions.’ 4 of the , entitled ‘Right to an effective remedy and to a fair trial’, is worded as follows in …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.’ Decision 2014/145 5 Article 2(1) and (2) of Decision 2014/145 provides as follows: ‘1. …

… the first two paragraphs thereof: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this . …

… 19(1) TEU and to of the . …

… Accordingly, it deprives those persons of any possibility of having recourse, to that end, to courts or tribunals, within the meaning of EU law, providing the requisite guarantees of and and having all the powers necessary to ensure the effective judicial protection of individuals, including on a provisional basis. …

… the referring court considers it necessary to ask the Court of Justice about the interpretation of EU law in order to be able to rule both on the admissibility of the actions brought before it by ZD and MI and on the merits thereof. 33 In the third and last place, the referring court states, in essence, that it is uncertain, for three sets of reasons, whether Law No 280/2003 complies with EU law. 34 In that regard, first of all, it asks whether that law is contrary to the second subparagraph of …

… . …’ The 8 Title VI of the , under the heading ‘Justice’, includes thereof, entitled ‘Right to an effective remedy and to a fair trial’, which is worded as follows: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article. …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. … …’ The Statute of the Court of Justice of the European Union 9 Under the first paragraph of Article 23 of the Statute of the Court of Justice of the European Union: ‘In the cases governed by Article 267 [TFEU], the decision of the court or tribunal of a Member State which suspends its proceedings and refers a case to the Court of Justice shall be notified …

… The 4 of the , entitled ‘Right to an effective remedy and to a fair trial’, stipulates: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this . Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… Legal context European Union law The TFEU 3 Article 325(1)TFEU provides: ‘The [European] Union and the Member States shall counter fraud and any other illegal activities affecting the financial interests of the Union through measures to be taken in accordance with this , which shall act as a deterrent and be such as to afford effective protection in the Member States, and in all the Union’s institutions, bodies, offices and agencies.’ …

… of the ’. 79. …

… It follows that a mixed panel, composed of regularly and irregularly appointed judges, is not an and tribunal previously established by law and therefore does not satisfy the requirements of the second subparagraph of 19(1) TEU, read in the light of Article of the . 80. …

… It invites the Court to rule, not for the first time, on questions relating to the interpretation of the EU requirements of an and tribunal previously established by law as enshrined in the second subparagraph of 19(1) TEU, read in the light of Article of the of Fundamental Rights of the European Union (‘the Charter’). …

… . …’ 3 of the , entitled ‘Right to an effective remedy and to a fair trial’, provides: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this . Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… European Union law The 5 of the , entitled ‘Right to an effective remedy and to a fair trial’, provides: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this . Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… courts from examining whether there is compliance with EU requirements concerning an and tribunal previously established by law within the meaning of 19(1) TEU, read in conjunction with Article of the ?’ …

… , in 6(1) of the ECHR, and is now reaffirmed in the second paragraph of of the . 69 The guarantees of access to an and tribunal previously established by law, and in particular those which determine what constitutes a tribunal and how it is composed, represent the cornerstone of the right to a fair trial. …

… of 19(1) TEU in conjunction with Article of the and under the principle of the primacy of EU law. In the case which gave rise to that judgment, the Court upheld the first and second complaints raised by the European Commission, which concerned, inter alia, the compatibility with the second subparagraph of 19(1) TEU in conjunction with of the of 42a(1) and (2) of the ustawa - Prawo o ustroju sądów powszechnych (Law relating to the organisation …

… and tribunal in proceedings that meet the requirements arising from [] of the []?’ …

… By the second part of its question, the referring court asks the Court, in essence, to examine whether the use of a computerised system for randomly allocating cases, such as the SLPS, is compatible with the requirements of an and tribunal established by law, for the purposes of the second subparagraph of 19(1) TEU, read in the light of of the . 57. …

… It asks whether the second subparagraph of 19(1) TEU, read in the light of of the , requires that the judge himself or herself have a judicial remedy against such decisions. 72. …

… Legal context European Union law The 3 of the , entitled ‘Right to an effective remedy and to a fair trial’, provides: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this . Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …