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… . - The alleged lacuna in the EU system for the protection of rights As regards the applicant’s argument that, in essence, a finding that the action is inadmissible would create a lacuna in the EU system for the protection of rights on the ground that that would mean that those procedural guarantees could not be the subject of an and judicial review, in breach of of the of Fundamental Rights, it should be noted that, by that argument, the applicant seeks …

… tasks (OJ 2017, L 339, p. 83) states as follows: ‘Nature of reviewing body: in line with 6 and 13 ECHR and [of the ], the appeal body must in substance be an and tribunal. …

… 13 of Directive 2008/115, read in the light of of the . 93. …

… That being so, out of respect for the fact that the wording of 13 of Directive 2008/115 is unambiguous when it lists the appeal bodies, I propose that it should be found that the effective remedy required by that , read in the light of of the , is also ensured in a situation where an appeal is brought before a non-judicial body, provided that body is composed of members offering guarantees of and . (27) 94. …

… ., the Court held as follows: ‘ of the of Fundamental Rights of the European Union and 9(1) of Council Directive 2000/78/EC of 27 November 2000 establishing 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 law from falling within the exclusive jurisdiction of a court which is not an and tribunal, within the meaning of the former provisions …

… cannot be regarded as a tribunal within the meaning of of the of Fundamental Rights (‘the Charter'), Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, and Article 45(1) of the Constitution of the Republic of Poland. …

… The judgment of 5 December 2019 19 In its judgment of 5 December 2019, the Sąd Najwyższy - Izba Pracy i Ubezpieczeń Społecznych (Supreme Court - Labour and Social Insurance Chamber), ruling in the dispute which gave rise to the request for a preliminary ruling in Case C-585/18, held that the National Council of the Judiciary (‘the KRS’) is not, as currently constituted, an body of the legislature and the executive. 20 Similarly, that court held that the Disciplinary Chamber …

… 277 TFEU. 55 However, 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. …

… Legal context The 6 of the , entitled ‘Right to an effective remedy and to a fair trial’, states, in the first and second 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 . …

… the judge appointed to the third post could not be regarded as a lawful judge for the purposes of the first sentence of the second paragraph of of the . 70 As set out in that provision, everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. 71 In that regard, this Court has held that the requirements that courts be independent and impartial form part of the essence of the right to effective …

… of the 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. Everyone shall have the possibility of being advised, defended and represented. …

… OPINION OF ADVOCATE GENERAL SAUGMANDSGAARD ØE delivered on 19 December 2019 (1) Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems, interveners: The United States of America, Electronic Privacy Information Centre, BSA Business Software Alliance, Inc., Digitaleurope (request for a preliminary ruling from the High Court, Ireland) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - Regulation (EU …

… That right corresponds to the right to an effective remedy and of access to an tribunal as provided for in the first and second paragraphs of of the (see, to that effect, judgment of 26 July 2017, Sacko, C-348/16, EU:C:2017:591, paragraph 39). 46 That right means that every person must be entitled to a fair and public hearing within a reasonable time by an and tribunal, previously established by law. …

… In that situation, according to the appellant, the assignment of the case to a different Chamber is not a mere measure of organisation of procedure, but rather a means to ensure the right to a fair hearing by an and tribunal previously established by law, in accordance with of the and the first sentence of Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’). 42 Similarly …

… Had the President of the General Court intended for that case to be looked at afresh, the only possibility available to him was to assign the case to another Chamber, that is to say, to a Chamber with a different composition. 41 The appellant submits that the principle underpinning 216(1) of the Rules of Procedure of the General Court is to enable the President of that Court, where advisable, to allow a case that has previously been ruled on to be looked at afresh. …

… court which does not meet the requirements of and arising from of the would deprive that individual of any effective remedy within the meaning of that and of 9(1) of Directive 2000/78, and would fail to comply with the essential content of the right to an effective remedy enshrined in of the (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 …

… or with the consequence of prejudicing the trust which justice in a democratic society must inspire in subjects of the law. 154 If the referring court were to conclude that that is the case, it would follow that such a court does not meet the requirements arising from of the and from 9(1) of Directive 2000/78 on account of its not being an and tribunal, within the meaning of the former provision. 155 If that is the case, the referring court …

… of the and 9(1) of Directive 2000/78 must be interpreted as precluding cases concerning the application of EU law from falling within the exclusive jurisdiction of a court which is not an and tribunal, within the meaning of the former provision. …

… The 5 Title VI of the , headed ‘Justice’, includes , headed ‘Right to an effective remedy and to a fair trial’, which 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. … …’ 6 Article 51 of the states: ‘1. The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. …

… 2 TEU now provides that the Union is founded on the value of respect for the rule of law. 19(2) TEU provides that the judges and Advocates General of the Court of Justice ‘shall be chosen from persons whose is beyond doubt’. of the of Fundamental Rights of the European Union (‘the Charter’) provides for a guarantee of an effective remedy and a hearing before an ‘ and tribunal’. 5. …

… 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 267 TFEU 32. …