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… of judges, for the purposes of 19(1) TEU, read in conjunction with of the . …

… K., the Court held that EU law precludes 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 of the . …

… and tribunal previously established by law, within the meaning of 19(1) TEU in conjunction with of the , since a legal prohibition relating to acts which are impossible would be wholly without normative merit. 159 According to the Republic of Poland, the right to an and tribunal previously established by law, guaranteed in of the , does not include the right for an individual to seek to challenge the mandate of a judge who …

… In conclusion, the circumstances referred to in Questions 4 and 5 are also not such as to cast doubts on the and of any national judges for the purposes of 19(1) TEU and Article of the . 4. Questions 6 and 7 142. …

… A problem of under 19(1) TEU and/or of the could, therefore, potentially arise if the national rules which the referring court made reference to were, in spite of no longer being in force for several decades, still capable of producing some effect today. …

… In the light of the foregoing, I take the view that the mere fact that some judges were appointed to judicial office for the first time during the PRL era is not an element capable, in itself, of calling into question their today. Therefore, the circumstances referred to in Questions 1 to 3 are not such as to cast doubts on the and of a national judge, such as Judge FO, for the purposes of 19(1) TEU and Article of the . 3. …

… The Court held, with regard to its status in the EU legal order, that the right to a fair trial constituted a fundamental right which the European Union respected as a general principle under 6(2) EU. (8) In that regard, it should be noted that the judgment in question dates from before the entry into force of the Treaty of Lisbon, that right now being enshrined in of the , which provides, inter alia, for access for every person to an and tribunal. …

… The judgment of 19 February 2009, Gorostiaga Atxalandabaso v Parliament (C-308/07 P, EU:C:2009:103; ‘the judgment in Gorostiaga Atxalandabaso v Parliament’), is particularly relevant in the present context, since in that judgment the Court recalled the importance of the right to a fair trial, enshrined in the aforementioned 6(1) ECHR, which implies access for every person to an and tribunal. …

… of the . …

… Chamber of the Supreme Court) was not an and tribunal for the purposes of of the .(56) One factor leading the Sąd Najwyższy (Supreme Court) to that conclusion was the influence of the executive and, in particular, that of the Minister for Justice over the composition of that body. 111. …

… K. and Others, the Court found that of the precludes cases concerning the application of EU law from falling within the exclusive jurisdiction of a court which is not an and tribunal, in casu the Izba Dyscyplinarna Sądu Najwyższego (Disciplinary Chamber of the Supreme Court), subject to the national court’s verification. …

… of the , which is the standard by reference to which the Council must assess the observance of the right to effective judicial protection (see, to that effect, judgments of 24 September 2019, Yanukovych v Council, T-301/18, not published, EU:T:2019:676, paragraph 96 and the case-law cited, and of 25 June 2020, Klymenko v Council, T-295/19, EU:T:2020:287, paragraph 96 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. 117 In so far as the Charter contains rights which correspond to rights guaranteed by the ECHR, such as those provided for by Article 6 thereof, their meaning and scope are, under Article 52(3) of the Charter, the same as those laid down by the ECHR. 118 In that regard, it should be noted that, in its interpretation of Article 6 of the ECHR, the ECtHR has stated that the purpose of the reasonable time principle is, inter alia, to protect …

… occasions in the letters sent to the Council, the criminal proceedings at issue - which were originally initiated in 2014 and both sets of which were currently suspended after having been transferred several times between various investigation bureaux - were still at the pre-trial investigation stage, 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. 116 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 24 September 2019, Yanukovych v Council, T-300/18, not published, EU:T:2019:685, paragraph and the case-law cited, and of 25 June 2020, Klymenko v Council, T-295/19, EU:T:2020:287, paragraph 96 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. 125 In so far as the contains rights which correspond to rights guaranteed by the ECHR, such as those provided for by 6 thereof, their meaning and scope are, under Article 52(3) of the Charter, the same as those laid down by the ECHR. 126 In that regard, it should be noted that, in its interpretation of Article 6 of the ECHR, the ECtHR has stated that the purpose of the reasonable time principle is, inter alia, to protect persons charged with …

… been transferred several times between various investigation bureaux - were still at the pre-trial investigation stage, 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, notwithstanding the fact that the Pechersk District Court had delivered a decision on 27 July 2015 granting the PGO permission to proceed in absentia in proceedings [confidential]. 124 The second paragraph of …

… of the (‘Right to an effective remedy and to a fair trial’) states: ‘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. …

… This question is particularly pressing where, as here, the addressee of the information order obtains disclosure of the minimum information referred to in 20(2) of Directive 2011/16 only during the course of the judicial proceedings. II. Legal context A. EU law 1. of Fundamental Rights of the European Union 4. …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. … …’ 7. …

… Title VI of the of Fundamental Rights of the European Union (‘the ’), under the heading ‘Justice’, includes thereof, entitled ‘Right to an effective remedy and to a fair trial’, which states as follows: ‘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 Article. …

… Finally, in Land Hessen, the referring court had asked the Court a question concerning its own status as a ‘court or tribunal’ within the meaning of Article 267 TFEU, read in the light of Article of the . The Court noted that, by that question, the referring court was, in essence, inviting the EU judiciary to examine the admissibility of its request for a preliminary ruling. …

… 6 and 13 ECHR and which is now reaffirmed by of the . (36) Indeed, as expressed in my Opinion in A. …

… OPINION OF ADVOCATE GENERAL TANCHEV delivered on 6 May 2021(1) Case C-791/19 European Commission v Republic of Poland (Failure of a Member State to fulfil obligations - National measures establishing a disciplinary regime for judges - Second subparagraph of 19(1) TEU - Rule of law - Judicial - Definition of disciplinary offences - Examination by an and tribunal established by law - Reasonable time - Rights of the defence - and 48 of the …

… K. and Others, (37) there is a ‘constitutional passerelle’ between the second subparagraph of 19(1) TEU and of the and the case-law concerning them inevitably intersects, given that those provisions share common legal sources. Thus, the rights covered by each are bound to overlap, and the second subparagraph of 19(1) TEU includes, but is not limited to, the obligation to have and courts. 70. …

… of the helps to ensure respect for the right to effective judicial protection of any individual relying, in a given case, on a right which he or she derives from EU law, the second subparagraph of 19(1) TEU seeks to ensure that the system of legal remedies established by each Member State guarantees effective judicial protection in the fields covered by EU law. 53 It is settled case-law of the Court that the guarantees of and required under EU law presuppose …

… law will be protected and that the values common to the Member States set out in Article 2 TEU, in particular the value of the rule of law, will be safeguarded (see, to that effect, judgments of 26 March 2020, Review Simpson v Council and HG v Commission, C-542/18 RX-II and C-543/18 RX-II, EU:C:2020:232, paragraphs 70 and 71, and of 2 March 2021, A.B. and Others (Appointment of judges to the Supreme Court - Actions), C-824/18, EU:C:2021:153, paragraph 116 and the case-law cited). 52 Thus, while …