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… of the of Fundamental Rights of the European Union, everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law and everyone is to have the possibility of being advised, defended and represented. 16 ‘The Charter’. 17 Judgment of 29 July 2019, Gambino and Hyka (C-38/18, EU:C:2019:628, paragraph 38). 18 See, among others, judgment of 13 February 2020 (C-688/18, EU:C:2020:94, paragraph 36), which refers …

… Regionalnego Agencji Restrukturyzacji i Modernizacji Rolnictwa (C-373/20, EU:C:2021:850, paragraph 36 and the case-law cited). 11 Signed in Rome on 4 November 1950 (‘ECHR’). 12 Judgment of 17 December 2020, Generalstaatsanwaltschaft Hamburg (C-416/20 PPU, EU:C:2020:1042, paragraph 43). 13 See recital 33 of Directive 2016/343. 14 Judgment of 26 June 2007, Ordre des barreaux francophones et germanophone and Others (C-305/05, EU:C:2007:383, paragraph 29). 15 According to the second subparagraph of …

… of the , constitutes an right, it is nevertheless inextricably linked to the guarantees of independence and flowing from those two provisions. …

… JUDGMENT OF THE COURT (Grand Chamber) 22 February 2022 (*) (Reference for a preliminary ruling - Urgent preliminary ruling procedure - Judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - 1(3) - Surrender procedures 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 previously …

… of the , exist, for the purposes of the fundamental right to a fair trial, within the meaning of that provision, between the guarantees of judicial and as well as that of access to a tribunal previously established by law. 56 It thus follows from the Court’s case-law, developed in the light of that of the European Court of Human Rights, that, while the right to such a tribunal, which is guaranteed both by 6(1) ECHR and by the second paragraph of …

… of the is not, as such, applicable to the case in the main proceedings, as noted in paragraph 36 above. 81 As has been recalled in paragraph 41 above, the second subparagraph of 19(1) TEU requires that the and of the bodies which may be called upon to rule on questions concerning the application or interpretation of EU law must be preserved. 82 Those guarantees of independence and impartiality required under EU law presuppose rules that are such as to …

… 1) TEU, read in conjunction with Article 2 TEU and Article 47 of the Charter, must be interpreted as precluding national rules or a national practice under which a national judge may incur disciplinary liability on the ground that he or she has applied EU law, as interpreted by the Court, thereby departing from case-law of the constitutional court of the Member State concerned that is incompatible with the principle of the primacy of EU law. 80 As a preliminary point, it should be recalled that …

… of the and 19 TEU guarantee, inter alia, the right to an effective remedy and the right to an and tribunal previously established by law, as regards the protection of the rights and freedoms guaranteed by EU law. 194 Furthermore, Articles 8 and 10, Article 19(1), Article 153(1)(i) and Article 157(1) TFEU define the scope of the values of equality, non-discrimination and equality between women and men and allow the EU legislature to adopt secondary …

… 6, 10 to 13, 15, 16, 20, 21 and 23 of the define the scope of the values of human dignity, freedom, equality, respect for human rights, non-discrimination and equality between women and men, contained in 2 TEU. …

… states, inter alia, that the European Union is based on the principles of democracy and the rule of law and recognises the rights, freedoms and principles set out in the . …

… of the and 19 TEU guarantee, inter alia, the right to an effective remedy and the right to an and tribunal previously established by law, as regards the protection of the rights and freedoms guaranteed by EU law. 158 Furthermore, Articles 8 and 10, Article 19(1), Article 153(1)(i) and Article 157(1) TFEU define the scope of the values of equality, non-discrimination and equality between women and men and allow the EU legislature to adopt secondary …

… 6, 10 to 13, 15, 16, 20, 21 and 23 of the define the scope of the values of human dignity, freedom, equality, respect for human rights, non-discrimination and equality between women and men, contained in 2 TEU. …

… states, inter alia, that the European Union is based on the principles of democracy and the rule of law and recognises the rights, freedoms and principles set out in the . …

… and tribunal previously established by the law, as enshrined in the second paragraph of of the (see, to that effect, judgments of 14 September 2017, The Trustees of the BT Pension Scheme, C-628/15, EU:C:2017:687, paragraph 59 and the case-law cited, and of 9 November 2017, Ispas, C-298/16, EU:C:2017:843, paragraph 31). 46 In that regard, it is important to bear in mind that the principle of equality of arms, which is an integral part of the principle of effective judicial …

… for ensuring that the rights conferred by EU law are effectively protected in each case and, in particular, for ensuring compliance, first, with the principle that the addressees of decisions that significantly affect their interests must be placed in a position in which they can effectively make known their views as regards the information on which the authorities intend to base their decision and, second, with the right of any person to a fair and public hearing within a reasonable time by an …

… with of the of Fundamental Rights, and 6 § 1 of the Convention, also where the procedure preceding his appointment may have been flawed. …

… process leads, in specific 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. …

… If, however, the Constitution of Poland, in particular 179, which provides that judges shall be appointed by the President of the Republic of Poland on a motion of the [NCJ], is found to prevent review of the and of a court adjudicating in a given case, then the Polish Constitution would be in fundamental conflict with of the . …

… K. and Others ( of the Disciplinary Chamber of the Supreme Court) (C-585/18, C-624/18 and C-625/18, EU:C:2019:982), that that chamber is not an and tribunal within the meaning of of the . 44 In those circumstances, the Sąd Dyscyplinarny Izby Adwokackiej w Warszawie (Bar Association Disciplinary Court, Warsaw), which will be required, once it has given its decision in the main proceedings, to inform the parties of the possibility for them to bring …

… in those proceedings by a body which is not an and tribunal for the purposes of that provision?’ …

… and tribunal for the purposes of of the ; (b) in accordance with the position previously expressed by the Criminal Chamber of the Sąd Najwyższy (Supreme Court), that is to say, the judicial body which would have jurisdiction to examine that appeal if the abovementioned provisions did not preclude it, may (or should) the Bar Association Disciplinary Court disregard the position expressed by the Disciplinary Chamber of the Sąd Najwyżsy (Supreme Court)? …

… In those circumstances, the term ‘ review body’ within the meaning of 2a of that directive must, for the purposes of determining whether the exclusion of a tenderer has become definitive, be understood to mean an and tribunal previously established by law, within the meaning of of the . 74 The fact that the exclusion decision is not yet definitive thus determines, for those tenderers, their standing to challenge the contract award decision …

… 1(3) makes clear, moreover, that such reviews must be available at least to any person having or having had an interest in obtaining a particular contract and who has been or risks being harmed by an alleged infringement. 69 In so far as individual parties have access, in the relevant field, to an and tribunal previously established by law, within the meaning of the second paragraph of of the , which appears to be the case - subject to verification …

… Consequently, the judgment of the Consiglio di State (Council of State) is also inconsistent with the first paragraph of of the . 78 However, in a situation such as that at issue in the main proceedings, where, subject to verification by the referring court, national procedural law in itself permits interested persons to bring an action before an and tribunal and to assert effectively that EU law, and provisions of national law transposing EU law into the domestic …

… of the , which is the standard by reference to which the Council must assess compliance with the right to effective judicial protection (see judgment of 3 February 2021, Klymenko v Council, T-258/20, EU:T:2021:52, paragraph 98 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. 102 In so far as the Charter contains rights which correspond to rights guaranteed …

… by the ECHR, such as those provided for by 6, their meaning and scope are, under Article 52(3) of the Charter, the same as those laid down by the ECHR. 103 In that regard, it must be noted that, in its interpretation of Article 6 ECHR, the ECtHR has held that the purpose of the reasonable time principle is, inter alia, to protect persons charged with a criminal offence against excessive procedural delays and to prevent them from being left in a state of uncertainty about their fate for too …

… rights of defence and right to effective judicial protection had been respected, whereas, as the applicant argued, those proceedings, which concerned acts allegedly committed between 2011 and 2014, were still at the preliminary investigation stage and, moreover, had been transferred, already closed, to other investigating authorities in November 2019, with the result that the cases in question had not yet been submitted to a Ukrainian court with regard to the substance. 101 The second paragraph of …