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… Again, while that case-law deals specifically with of the , the Court explains in A. K. and Others that if it analysed 2 and 19 TEU, then the conclusions from that analysis would be the same as those of the analysis of of the (see paragraphs 167 to 169 of that judgment). 116. Indeed, the Supreme Court has already ruled in no uncertain terms that the KRS is not . (52) 117. …

… As the Court held in Simpson and HG, (51) ‘it follows from the fundamental right to an effective remedy before an and tribunal previously established by law, guaranteed by of the , that everyone must, in principle, have the possibility of invoking an infringement of that right. …

… In view of that case-law, the effective judicial protection which such courts must be able to offer in accordance with that provision requires, in particular, that they comply structurally with the requirement of and , as it was developed under the Court’s case-law in relation to 267 TFEU, Article of the and Article 19 TEU. …

… JUDGMENT OF THE COURT (Grand Chamber) 17 December 2020 (*) (Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - 1(3) - 6(1) - Surrender procedures between Member States - Conditions for execution - of Fundamental Rights of the European Union - Second paragraph of - Right of access to an and tribunal - Systemic …

… Second, that is a necessary condition if individuals are to be guaranteed, within the scope of EU law, the fundamental right to an and tribunal laid down in of the , which is of cardinal importance as a guarantee of the protection of all the rights that individuals derive from EU law (see, to that effect, inter alia, judgment of 26 March 2020, Review Simpson and HG v Council and Commission, C-542/18 RX-II and C-543/18 RX-II, EU:C:2020:232, paragraphs …

… The 6. Title VI of the , under the heading ‘Justice’, includes thereof, entitled ‘Right to an effective remedy and to a fair trial’, which states 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. … …’ B. Maltese law 7. The Constitution of Malta of 1964 (‘the Constitution’) contains, in Chapter VIII, detailed rules relating to the judiciary, including, inter alia, the procedure for the appointment of judges. In 2016 this chapter was reformed, including the introduction of the Judicial Appointments Committee. …

… The content of the fundamental right to be present at trial, as guaranteed by (2) of the and 6(1) ECHR 49. of the is entitled ‘Right to an effective remedy and to a fair trial’. It states in paragraph 2 that ‘everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. …

… The Explanations relating to the of Fundamental Rights (29) point out that the second paragraph of of the Charter corresponds to Article 6(1) of the ECHR, relating to the right to a fair trial. (30) Article 52 of the Charter, entitled ‘Scope and interpretation of rights and principles’, provides in paragraph 3 that ‘in so far as this Charter contains rights which correspond to rights guaranteed by the [ECHR], the meaning and scope of those rights shall be the same as those laid …

… The first part of the fifth ground of appeal 51 Concerning the first part of the fifth ground of appeal, alleging infringement of the principle of effective judicial protection, it should be borne in mind that the Court, in its case-law, derives from of the the precise content of the right to effective judicial protection, namely the right to an effective remedy before a tribunal, the right to a fair and public hearing within a reasonable time by an and tribunal …

… He adds that the General Court, by describing the complaint based on Article 90 of the Staff Regulations as “a mere pre-litigation phase”, misinterpreted that provision, and that that issue is closely linked to the first ground of appeal concerning the problems relating to an overly narrow interpretation of the rule of correspondence which stems, according to settled case-law, from 91(2) of the Staff Regulations. …

… As is apparent from the first sentence of the second paragraph of of the of Fundamental Rights of the European Union, one of the requirements concerning the composition of the Chamber is that courts must be , and previously established by law. 68. …

… The requests mainly concerned the question whether the newly established Disciplinary Chamber of the Supreme Court of Poland satisfied, in the light of the circumstances in which it was formed and its members appointed, the requirements of and required under of the of Fundamental Rights of the European Union. …

… Accordingly, having regard to the importance of compliance with the rules governing the appointment of a judge for the confidence of litigants and the public in the and of the courts, the judge at issue cannot be regarded as a lawful judge within the meaning of the first sentence of the second paragraph of of the of Fundamental Rights.” 133. …

… The referring court asks whether those legislative reforms themselves affect the execution of the EAW, due to the risk that the requested person’s right to a fair trial before an and tribunal, guaranteed by of the , may be breached. 30. …

… ., intervener: Openbaar Ministerie (Requests for a preliminary ruling from the rechtbank Amsterdam (District Court, Amsterdam, Netherlands)) (Reference for a preliminary ruling - Urgent preliminary-ruling procedure - Judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Surrender of the arrested person to the issuing judicial authority - of Fundamental Rights of the European Union - - Right of access to an and …

… of Fundamental Rights of the European Union 8. (‘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 Article. Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… Paragraph 2 of of the reads: ‘Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …’ 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. …

… 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, (‘the ECHR’) provides: ‘1. 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 tribunal established by law. … 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. …’ B. EU law 1. The 5. …

… The applicants were not given the opportunity to place themselves, in a timely manner, under the protection of an and tribunal and were thus required to respond favourably to all requests made by the inspectors. 46 It should be recalled that, under of the , entitled, ‘Right to an effective remedy and to a fair trial’: ‘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 …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …’ It follows, moreover, from the explanations relating to the (OJ 2007 C 303, p. 17), which, according to 52(7) of the Charter, must be given due regard by the Courts of the Union (see judgment of 26 February 2013, Åkerberg Fransson, C-617/10, EU:C:2013:105, paragraph 20 and the case-law cited), that Article 47 of the Charter corresponds …

… compliance with the conditions laid down in this . …

… The requirement that courts be and judges is, after all, an essential element of the principle of effective judicial protection enshrined in both the second subparagraph of 19(1) TEU and in of the . …

… Moreover, recent case-law shows that the content of the second subparagraph of 19(1) TEU coincides with the guarantees required by the second paragraph of of the , at least expressly as far as the elements of and of the judiciary are concerned. (86) That principle is, in turn, essential for the protection of all rights granted by EU law, as well as for the preservation of the values of 2 TEU, in particular, the rule of law. (87) 214. …

… Similar to what has already been outlined, (142) the EU requirements of and of the judiciary, enshrined in the second paragraph of of the , as well as in 19(1) TEU, do not impose on Member States the obligation to adopt a specific structure or model with regard to the institutional design of the public prosecutor’s office. In fact, the structure of the public prosecutor’s office in European States is extraordinarily varied. (143) 293. …