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… . - The referring court must ensure the necessary observance of the fundamental rights enshrined in the first sentence of the second paragraph of of the , namely the entitlement of everyone to a fair and public hearing within a reasonable time by an and tribunal previously established by law. - ‘… an irregularity committed during the composition of panels [of a court] entails an infringement of the first sentence of the second paragraph of of the …

… panels hearing cases in Romania related to corruption did not constitute an infringement of the first sentence of the second paragraph of of the , with the result that the situation was different from the one decided on by the judgment in M.A.S. and M.B. …

… , particularly when that irregularity is of such a kind and of such gravity as to create a real risk that other branches of the State, in particular the executive, could exercise undue discretion undermining the integrity of the outcome of the panel composition process and thus give rise to a reasonable doubt in the minds of individuals as to the and the of the judge or judges concerned’. (91) - The practice concerning the specialisation and the composition of the …

… 19(1) TEU and of the , and, in particular, those relating to access to an and tribunal previously established by law (see, by way of example, judgments in A. …

… 19(1) TEU, read in conjunction with of the , and under 267 TFEU and the principle of the primacy of EU law; - by adopting and maintaining in force points 2 and 3 of 107(1) of the amended Law relating to the ordinary courts and points 1 to 3 of 72(1) of the amended Law on the Supreme Court, under which the examination of compliance with the EU requirements relating to an and tribunal previously established by law may be classified as …

… a ‘disciplinary offence’, the Republic of Poland has failed to fulfil its obligations under the second subparagraph of 19(1) TEU, read in conjunction with of the , and under 267 TFEU; - by conferring on the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court) (‘the Disciplinary Chamber’), whose and are not guaranteed, jurisdiction to hear and determine cases having a direct impact on the status of judges and trainee …

… , as interpreted by the Court. 83 As far as of the is concerned, it provides, in its first paragraph, that everyone whose rights and freedoms guaranteed by EU law are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in that , and specifies, in its second paragraph, that everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law …

… . 84 The recognition of the right to an effective remedy, for the purposes of that , in a given case, presupposes that the person invoking that right is relying on rights or freedoms guaranteed by EU law or that that person is the subject of proceedings constituting an implementation of EU law, within the meaning of Article 51(1) of the (see, to that effect, judgment of 22 February 2022, RS (Effect of the decisions of a constitutional court), C-430/21, EU:C:2022:99, paragraph 34 …

… result that, in the case at hand, the applicant in the main proceedings cannot usefully rely on that provision. 82 As follows from Article 53 of the Charter, such an interpretation is nevertheless without prejudice to the possibility for the Member States to apply a more favourable standard of protection of the right to work and the freedom to pursue an occupation recognised by their national constitution, provided that that application does not compromise the level of protection provided for by the …

… The first sentence of the second paragraph of of the states that ‘everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. 5. 3(4) of Framework Decision 2008/909 states that the latter ‘shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 [TEU]’. 6. …

… of the of Fundamental Rights of the European Union (‘the ’). (4) In that respect, the referring court seeks clarity on the conditions under which such an examination is to be carried out, and the appropriate point in time by reference to which it ought to be carried out. …

… by Framework Decision 2008/909, of the case-law of the Court, relating to the EAW Framework Decision, (3) according to which the execution of such a warrant may exceptionally be refused, beyond the grounds expressly provided for therein, where it appears, following a two-step examination (the nature of which will be explained and discussed in this Opinion) that such an execution would result in a real risk of breach of the fundamental right to a fair trial guaranteed by the second paragraph of …

… 19(1) TEU, read in conjunction with of the , and under 267 TFEU and the principle of primacy of EU law; - by adopting and maintaining in force points 2 and 3 of 107(1) of the amended Law relating to the ordinary courts and points 1 to 3 of 72(1) of the amended Law on the Supreme Court, under which the examination of compliance with the EU requirements relating to an and tribunal previously established by law may be classified as a ‘ …

… disciplinary offence’, the Republic of Poland has failed to fulfil its obligations under the second subparagraph of 19(1) TEU, read in conjunction with of the , and under 267 TFEU; - by conferring on the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court) (‘the Disciplinary Chamber’), whose and are not guaranteed, jurisdiction to hear and determine cases having a direct impact on the status of judges and trainee …

… U. of 2002, item 1269), as amended by the amending law (‘the amended Law relating to the administrative courts’), and 8 of the amending law, which prohibit any national court from reviewing compliance with the EU requirements relating to an and tribunal previously established by law, the Republic of Poland has failed to fulfil its obligations under the second subparagraph of 19(1) TEU, read in conjunction with Article of the of Fundamental Rights of …

… subparagraph of 19(1) TEU, read in the light of … Article of the ’. (25) 20. …

… It follows that, in view of its specific function, the interpretation of the concept of of a ‘court or tribunal’ within the meaning of 267 TFEU does not prejudge the interpretation of that concept in the context of the second subparagraph of 19(1) TEU or of the . …

… and tribunal previously established by law for the purposes of the second subparagraph of 19(1) TEU, read in the light of of the , (22) or, second, where other factors, beyond the personal situation of the judges formally submitting a request pursuant to 267 TFEU, could have repercussions on the functioning of the referring court to which those judges belong and thus contribute to undermining the and of that court. (23) 19. …

… of the , conversely, is aimed at protecting the subjective right of any party to proceedings to have an effective remedy and a fair trial before an ‘ and tribunal previously established by law’. …

… of the , entitled ‘Right to an effective remedy and to a fair trial’, states, in its second paragraph, the following: ‘Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …’ B. Romanian law 8. …

… The verification of the ‘’ of a court, in that context, calls for a detailed and case-specific assessment of the relevant circumstances, whilst issues linked to some structural or systemic feature of the judicial system of the Member States come into play only in so far as they may have had an impact on the individual proceedings. (19) Specific conditions must, however, be met before of the may be relied upon. …

… In that regard, I recall that the second paragraph of of the states inter alia that ‘everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. (67) I must also point out that, in view of the individual situation of applicants for asylum or for international protection, the Member State in which that applicant is present must therefore ensure that there is no worsening of a situation of infringement …

… That means that the total duration of proceedings concerning an application for asylum or for international protection must respect the right to good administration, enshrined in 41 of the , and the effectiveness of the right to an effective remedy. …

… Rules that define the conduct which constitutes a disciplinary offence and the penalties applicable thereto; provide for the involvement of an body in accordance with a procedure that fully safeguards the rights enshrined in and 48 of the of Fundamental Rights of the European Union, in particular those of the defence; and which lay down the possibility to challenge disciplinary bodies’ decisions are an essential safeguard of judicial . (31) 39. …

… The Court has also held that since the prospect of opening a disciplinary investigation is liable to exert pressure on persons charged with adjudicating upon disputes, it is essential that a body competent to conduct investigations and to bring disciplinary proceedings should act objectively and in the performance of its duties. …

… , thereby undermining the possibilities for courts and parties to access an and court previously established by law, contrary to the second subparagraph of 19(1) TEU and of the . …

… content of the right to an effective remedy enshrined in of the … 166. …

… It follows that the provisions of national law in question are so broad in their terms as to govern all aspects of the review of the right to an and tribunal previously established by law guaranteed by the second subparagraph of 19(1) TEU and Article of the . 143. …