search

… The resolution considered that the appointment procedure for judges of ordinary courts is unlawful where it leads, ‘in the specific circumstances’, to a breach of the requirement of and pursuant to 45(1) of the Constitution of the Republic of Poland, Article of the and Article 6(1) of the European Convention on Human Rights (‘the ECHR’). …

… Given that all of these criteria are inherently linked and overlap to a considerable extent, (38) it must be emphasised that the second subparagraph of 19(1) TEU, read in conjunction with of the , does not distinguish between the supreme courts of the Member States and other courts in their respective legal orders. …

… The questions referred relate to the requirement of prior establishment by law, not to the and of courts that the aforesaid resolution addressed. …

… In the determination of his civil rights and obligations and 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, in accordance with of the and Article 6 ECHR (see, to that effect, judgments of 16 July 2009, Der Grüne Punkt - Duales System Deutschland v Commission, C-385/07 P, EU:C:2009:456, paragraphs 177 to 179, and of 5 June 2012, Imperial Chemical Industries …

… In their view, the fact that the period taken to adopt that decision amounted to almost 19 years and concerned conduct which, in some cases, had taken place more than 30 years ago means that that period is contrary to the reasonable time principle. 204 In that regard, it must be recalled that the obligation to conduct administrative procedures within a reasonable time is a general principle of law set forth, inter alia, in 41(1) of the . …

… , C-385/07 P, EU:C:2009:456, paragraph 191). 213 In the determination of their civil rights and obligations or of any criminal charge against them, everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal established by law in accordance with of the and Article 6 of the ECHR (see, to that effect, judgments of 16 July 2009, Der Grüne Punkt - Duales System Deutschland v Commission, C-385/07 P, EU:C:2009:456, paragraphs 177 …

… Second, each set of proceedings before the General Court (Cases T-77/03 and T-70/10) lasted almost five years. 211 In that regard, it should be borne in mind that the obligation to conduct administrative procedures within a reasonable time is a general principle of law set forth, inter alia, in 41(1) of the . 212 Similarly, failure to adjudicate within a reasonable time constitutes a procedural irregularity (judgment of 16 July 2009, Der Grüne Punkt - Duales System Deutschland v Commission …

… of the enshrines the entitlement of everyone to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… of the , 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 giving rise to a reasonable doubt in the minds of individuals as to the and the of the judge or judges concerned, which is the case when what is at issue are fundamental rules forming …

… must be guaranteed not only during the stage of the preliminary investigation, from the moment when the person concerned becomes an accused, but also during the criminal proceedings and in the enforcement of the penalties (see, by analogy, 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 204 and the case-law cited). 100 In that regard, it must be recalled that the first sentence of the second paragraph of …

… It cannot be inferred from this that the conditions for appointment of the judges that make up the referring court necessarily satisfy the guarantees of access to an and tribunal previously established by law, for the purposes of the second subparagraph of 19(1) TEU or of the of Fundamental Rights (see, to that effect, judgment of 29 March 2022, Getin Noble Bank, C-132/20, EU:C:2022:235, paragraph 74). 62 Finally, it must be stated that a different …

… and tribunal previously established by law, for the purposes of the second subparagraph of 19(1) TEU, read in the light of the second paragraph of Article of the of Fundamental Rights of the European Union (see, to that effect, judgment of 29 March 2022, Getin Noble Bank, C-132/20, EU:C:2022:235, paragraph 72). 60 However, in the present case, since the Court has not been made aware, either at the close of the written part of the procedure or, moreover, at the deliberation …

… assessment from that arising from paragraphs 57 to 61 above could be made in circumstances in which, beyond the personal situation of the judge or judges formally submitting a request pursuant to 267 TFEU, other factors were to have repercussions on the functioning of the referring court to which those judges belong and thus contribute to undermining the and of that court (see, to that effect, judgment of 29 March 2022, Getin Noble Bank, C-132/20, EU:C:2022:235, …

… , the presumption may be rebutted where a final judicial decision handed down by a national or international court or tribunal leads to the conclusion that the judge or judges constituting the referring court are not an and tribunal previously established by law for the purposes of the second subparagraph of 19(1) TEU, read in the light of the second paragraph of of the . …

… It therefore cannot be inferred that the conditions for appointment of the judges that make up the referring court necessarily satisfy the guarantees of access to an and tribunal previously established by law, for the purposes of the second subparagraph of 19(1) TEU or of the of Fundamental Rights of the European Union (‘the ’) (see, to that effect, judgment of 29 March 2022, Getin Noble Bank, C-132/20, EU:C:2022:235, paragraph 74). 34 Moreover …

… The same would apply if, beyond the personal situation of the judge or judges formally submitting a request under 267 TFEU, other factors were to have repercussions on the functioning of the referring court to which those judges belong and thus contribute to undermining the and of that court (see, to that effect, judgment of 29 March 2022, Getin Noble Bank, C-132/20, EU:C:2022:235, paragraphs 72 and 75). 35 In the present case, no specific and precise evidence has …

… 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. …

… It held, in so far as relevant: “ 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 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. …

… They maintained that the Disciplinary Chamber could not be regarded as an and tribunal established by law within the meaning of 45 of the Constitution, Article of the of Fundamental Rights and Article 6 of the Convention. 25. On 23 December 2019 M.G., the First President of the Supreme Court replied that the request of the applicant’s lawyers had been received on 20 December, while the case was to be heard on 23 December 2019. …

… JUDGMENT OF THE GENERAL COURT (Sixth Chamber, Extended Composition) 14 September 2022 (*) (Competition - Abuse of dominant position - Smart mobile devices - Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement - Concepts of multi-sided platform and market (‘ecosystem’) - Operating system (Google Android) - App store (Play Store) - Search and browser applications (Google Search and Chrome) - Agreements with device manufacturers and mobile network operators - Single …

… According to the Explanations relating to the of Fundamental Rights, (63) the second paragraph of of the corresponds to 6(1) ECHR. The Court must, therefore, ensure that the interpretation which it gives to the second paragraph of of the safeguards a level of protection which does not fall below the level of protection established in 6(1) ECHR, as interpreted by the ECtHR. (64) 100. …

… The requirement of a ‘tribunal established by law’ and the requirements of ‘’ and ‘’ of a tribunal form part of the ‘institutional requirements’ of Article 6(1) ECHR. In the case-law of the ECtHR, there is a very close interrelationship between those requirements. (65) 101. …

… In its judgment in Openbaar Ministerie (Tribunal established by law in the issuing Member State), the Court confirmed, with reference to the judicial appointment procedure in the issuing Member State, the need for a two-step examination where the guarantee - also inherent in the fundamental right to a fair trial enshrined in the second paragraph of of the - of a tribunal previously established by law is at issue, and it described the conditions and detailed rules for applying that …

… ORDER OF THE COURT (Eighth Chamber) 12 July 2022 (*) (Reference for a preliminary ruling - 99 of the Rules of Procedure of the Court of Justice - Judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - 1(3) - Surrender procedure between Member States - Conditions for execution - of Fundamental Rights of the European Union - Second paragraph of - Fundamental right to a fair trial before an and tribunal …

… of the Polish courts concerned, which is a separate question from whether those courts were previously established by law within the meaning of the second paragraph of of the . 9 According to the applicants in the main proceedings, if those courts were not established by law, there would be no need to determine whether they are or . …

… and of that panel, there has been a breach of that person’s fundamental right to a fair trial before an and tribunal previously established by law, enshrined in the second paragraph of of the , and - in the context of a European arrest warrant issued for the purposes of conducting a criminal prosecution, only if that authority finds that, in the particular circumstances of the case, there are substantial grounds for believing that, having regard …