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… In that regard, it should be noted that proceedings No [confidential] and proceedings No [confidential] were still at the stage of the pre-trial investigation, which had been transferred to the National Anti-Corruption Bureau a short time before, with the result that they had not been brought before a Ukrainian court for consideration of the merits, the Ukrainian court having been seised only of procedural matters. 120 The second paragraph of of the , which is the standard by reference …

… to which the Council must assess the observance of the right to effective judicial protection (see judgments of 3 February 2021, Klymenko v Council, T-258/20, EU:T:2021:52, paragraph 98 and the case-law cited, and of 9 June 2021, Yanukovych v Council, T-303/19, not published, EU:T:2021:334, paragraph 124 and the case-law cited), provides that everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. 121 In so …

… The resolution reiterated that the of the judiciary was enshrined in of the and Article 6 of the Convention, and was an essential requirement of the democratic principle of the separation of powers, which was also reflected in Article 10 of the Polish Constitution. …

… By the third plea, the Commission argues that the Constitutional Court no longer offers the guarantees of an and tribunal previously established by law for the purposes of the second subparagraph of 19(1) TEU, in conjunction with Article of the of Fundamental Rights of the European Union, (i) as a result of manifest irregularities in the appointments to judicial positions at the Constitutional Court in December 2015 in flagrant breach of Polish constitutional …

… The second plea concerns the infringement by those judgments of the Constitutional Court of the principles of primacy, autonomy, effectiveness and uniform application of EU law and the binding effect of judicial decisions of the Court of Justice of the European Union, as the Constitutional Court, in those judgments, unilaterally disregarded the principles of primacy and effectiveness of 2, 4(3) and 19(1) TEU and 279 TFEU, as consistently interpreted and applied by the Court of Justice …

… may be called upon to rule on questions concerning the application or interpretation of EU law are in a position to ensure such effective judicial protection, maintaining their is essential, as confirmed by the second paragraph of of the , which refers to access to an ‘ and ’ tribunal as one of the requirements linked to the fundamental right to an effective remedy. …

… As previously stated, since the second subparagraph of Article 19(1) TEU requires all Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by EU law, within the meaning in particular of of the , that latter provision must be duly taken into consideration for the purposes of interpreting the second subparagraph of 19(1) TEU, in the same way as the case-law of the ECtHR on 6(1) ECHR. (35) To ensure that bodies which …

… The requirement that courts be independent, which is inherent in the task of adjudication, forms part of the essence of the right to effective judicial protection and the fundamental right to a fair trial, which is of cardinal importance as a guarantee that all the rights which individuals derive from EU law will be protected and that the values common to the Member States set out in 2 TEU, in particular the value of the rule of law, will be safeguarded. (36) 54. …

… those relating to the and of the courts. 34. …

… Those provisions are 2 TEU, Article 6(1) and (3) TEU and the second subparagraph of Article 19(1) TEU, read in conjunction with Article of the . 35. …

… To cite but one recent judgment of the Court, (14) the Court has stated that while the distribution or reorganisation of court jurisdiction in a Member State comes, in principle, under the freedom of the Member States guaranteed by Article 4(2) TEU, that is so only subject to the condition that such distribution or reorganisation must not undermine the respect for the rule of law set out in 2 TEU or infringe the requirements arising from the second subparagraph of 19(1) TEU, including …

… circumstances, to a violation of the guarantees of and within the meaning of 45 § 1 of the Constitution of the Republic of Poland, Article of the of Fundamental Rights of the European Union and Article 6 § 1 of the [Convention]. 3. …

… That notwithstanding, the politicisation of courts departs from the criteria of and of courts required under Union law and international law, in particular of the and Article 6 § 1 [of the Convention]. That, in turn, causes uncertainty about the recognition of judgments of Polish courts in the Union space of freedom, justice and security. …

… within the meaning of 45 of the Constitution, Article of the of Fundamental Rights of the European Union and Article 6 § 1 of the Convention (see paragraph 83 above). …

… Chapter VI thereof’, which include the right to a fair trial before an and tribunal, as laid down in the second paragraph of of that . …

… of the . 25 In that regard, it should be noted that 3(4) of Framework Decision 2008/909 provides that that framework decision is not to have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in 6 TEU. 26 Furthermore, recital 13 of that framework decision states that the latter ‘respects fundamental rights and observes the principles recognised by 6 [TEU] and reflected by the …, in particular …

… JUDGMENT OF THE COURT (Fourth Chamber) 9 November 2023 (*) (Reference for a preliminary ruling - Judicial cooperation in criminal matters - Recognition of judgments imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in another Member State - Framework Decision 2008/909/JHA - 3(4) and 8 - Refusal to enforce - Second paragraph of of the of Fundamental Rights of the European Union - Fundamental right to a …

… (assessing the development of the concept of ‘independence’ under Article 267 TFEU and the spill-over effects from the case-law on 19(1) TEU and of the ). 52 See, for example, Reyns, C., ‘Saving judicial : a threat to the preliminary ruling mechanism?’ …

… , European Constitutional Law Review, Vol. 17(1), Cambridge University Press, 2021, pp. 26 to 52. 53 See, in that respect, Opinions of Advocate General Wahl in Joined Cases Torresi (C-58/13 and C-59/13, EU:C:2014:265, points 46 to 54), and of Advocate General Bobek in Pula Parking (C-551/15, EU:C:2016:825, points 76 to 107). 54 The case-law usually describes the ‘internal’ aspect of independence, or , as important in order to ensure a level playing field for parties. …

… According to the order for reference, even though Czech legislation treats the ÚOHS as a ‘review body’ for the purposes of Directive 89/665, it cannot be classified as an and tribunal within the meaning of of the and paragraph 73 of the judgment of 21 December 2021, Randstad Italia. (6) 32. …

… 51(1) of the (judgment of 21 December 2021, Euro Box Promotion and Others, C-357/19, C-379/19, C-547/19, C-811/19 and C-840/19, EU:C:2021:1034, paragraph 220 and the case-law cited). 61 To guarantee that such a court or tribunal is in a position to ensure the effective judicial protection thus required under the second subparagraph of 19(1) TEU, maintaining its and is essential, as is confirmed by the second paragraph of of the , which …

… refers to access to an ‘’ tribunal as one of the requirements linked to the fundamental right to an effective remedy (judgment of 29 March 2022, Getin Noble Bank, C-132/20, EU:C:2022:235, paragraph 93 and the case-law cited). 62 As the Court has emphasised on several occasions, that requirement that courts and tribunals be independent and , which is inherent in the task of adjudication, forms part of the essence of the right to effective judicial protection and the fundamental …

… that the bodies which are called upon, as ‘courts or tribunals’ within the meaning of EU law, to rule on questions related to the application or interpretation of EU law, and which thus come within its judicial system in the fields covered by EU law, meet the requirements of effective judicial protection, it being clarified that that provision refers to the ‘fields covered by Union law’, irrespective of the circumstances in which the Member States are implementing Union law within the meaning of …

… circumstances, to a violation of the guarantees of and within the meaning of 45 § 1 of the Constitution of the Republic of Poland, Article of the of Fundamental Rights of the European Union and Article 6 § 1 of the [Convention]. 3. …

… Schab, appointed as judge of the Warsaw Court of Appeal in a defective procedure before the NCJ, did not meet the standard of due composition of a court formation referred to in 439 § 1 (2) of the Code of Criminal Procedure owing to the failure to observe the guarantees of and required by 45 § 1 of the Constitution of the Republic of Poland, Article 6 § 1 of the Convention and Article of the of Fundamental Rights. OTHER DEVELOPMENTS 127. …

… The CPL further noted that an analysis of the 2022 Amending Act led to the conclusion, although this was not apparent from the explanatory report accompanying it, that the legislature had noted the unequivocal position of the Court and the CJEU that the Disciplinary Chamber could not be regarded as an and tribunal established by law within the meaning of 6 § 1 of the Convention and Article of the of Fundamental Rights. …