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… to hear cases, such as those in the main proceedings, to a court which does not meet the requirements of or under EU law, in particular, those of of the , another court before which such a case is brought has the obligation, in order to ensure effective judicial protection, within the meaning of Article 47, in accordance with the principle of sincere cooperation enshrined in Article 4(3) TEU, to disapply that provision of national law, so that that case …

… France, CE:ECHR:2018:1018JUD008001812, §§ 25 and 81). 146 Notwithstanding the assessment of the circumstances in which the new judges of the Disciplinary Chamber were appointed and the role of the KRS in that regard, the referring court may, for the purposes of ascertaining whether that chamber and its members meet the requirements of and arising from of the , also wish to take into consideration various other features that more directly characterise that …

… and arising from of the would deprive that individual of any effective remedy within the meaning of that article and of Article 9(1) of Directive 2000/78, and would fail to comply with the essential content of the right to an effective remedy enshrined in Article 47 of the Charter (see, by analogy, judgment of 29 July 2019, Torubarov, C-556/17, EU:C:2019:626, paragraph 72). 166 It follows that, where it appears that a provision of national law reserves jurisdiction …

… It is, in my view, contrary to the maxim nemo judex in causa sua and, by definition, contrary to the fundamental principle laid down in (2) of the requiring an and tribunal. B. Whether the TEAC enjoys the requisite degree of independence such that it could be constituted a court or tribunal for the purposes of Article 267 TFEU 32. …

… The applicants submit that the Disciplinary Chamber does not meet the criteria necessary to ensure effective judicial protection under the second subparagraph of Article 19(1) TEU and the right to an and tribunal under of the , since the NCJ has been appointed in a manner which makes it dependent on the political authorities. …

… The Commission argues that the primacy of EU law requires that national provisions, conferring jurisdiction in a case involving EU law on a court which does not meet the requirements of and under 19(1) TEU and Article of the , remain inapplicable. It considers that, in light of the importance of the principle of judicial independence, the referring court must disregard national provisions which it considers contrary to that principle. (38) VI. …

… and tribunal previously established by law’ in of the . …

… of the and the right to ‘an and tribunal previously established by law’. 72. …

… OPINION OF ADVOCATE GENERAL TANCHEV delivered on 20 June 2019(1) Case C-192/18 European Commission v Republic of Poland (Failure of a Member State to fulfil obligations - effective legal protection under Articles 19(1), second subparagraph, TEU - and of courts - Inadmissibility of Commission’s complaint under of the of Fundamental Rights of the European Union - Article 157 TFEU -Articles 5(a) and 9(1)(f) of Directive 2006/54/EC - Introduction of a different …

… See also judgment of 25 July 2018, Minister for Justice and Equality (Deficiencies in the system of justice) (C-216/18 PPU, EU:C:2018:586, paragraphs 62 to 67), in which the Court relied, in particular, on the judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses (C-64/16, EU:C:2018:117), in order to set out the content of of the which guarantees a right to an and tribunal. 44 See the judgment in Generalstaatsanwaltschaft (paragraph 90). …

… Principles 189 In its request for an opinion, the Kingdom of Belgium makes reference to the right, laid down in the second paragraph of of the , to a remedy before an ‘ and tribunal previously established by law’, and to ‘effective access to justice’ laid down in the third paragraph of Article 47. 190 In that regard, it is a consequence of Article 47, which is binding on the Union in accordance with the case-law cited in paragraphs 165 and 167 of the present …

… of the - Right of access to an and tribunal) Table of contents I. …

… It is on the basis of these considerations that I will set out, in the following points, the procedural safeguards which make it possible, in my view, in relation to each of the aspects highlighted by the Kingdom of Belgium, to ensure a sufficient level of protection of the right of access to an and tribunal, a right enshrined in of the . 2. Access to the CETA Tribunal for small and medium-sized enterprises 252. …

… For all the foregoing reasons, and taking due account of the general considerations which I have set out, I take the view that the provisions contained in Section F of Chapter 8 of the CETA do not infringe the right of access to an and tribunal, a right enshrined in of the , since they guarantee a level of protection of that right which is appropriate to the specific characteristics of the investor-State dispute resolution mechanism provided for in that section …

… Nor is it of any consequence that the Council’s review process satisfies the requirements of of the , as the Council is not an and tribunal. 87 The Council submits, in the defence, that it was not acting in the present case in a judicial capacity, a function which, in the interinstitutional system of the European Union, rests exclusively with the Court of Justice of the European Union. …