… 2,
Article
6(1) and (3), and the second subparagraph of
Article
19(1) TEU, read in conjunction with
Article
47
of the [
Charter
] and
Article
267 TFEU, be interpreted as meaning that a court of last instance of a Member State (the Sąd Najwyższy (Supreme Court)) whose composition includes persons appointed to the post of judge in breach of the fundamental rules of law of the Member State applicable to judicial appointments to the Sąd Najwyższy (Supreme Court) is not an
independent
,
impartial
tribunal …
… Van Nuffel, acting as Agents,
having decided, after hearing the Advocate General, to rule by reasoned order, pursuant to
Article
53(2) of the Rules of Procedure of the Court of Justice,
makes the following
Order
1 This request for a preliminary ruling concerns the interpretation of
Article
2,
Article
6(1) and (3) and the second subparagraph of
Article
19(1) TEU, read in combination with
Article
267 TFEU and
Article
47
of the
Charter
of Fundamental Rights of the European Union (‘the
Charter
’).
2 The …
… (2) Must Article 2, Article 6(1) and (3), and the second subparagraph of Article 19(1) TEU, read in conjunction with Article
47
of the [
Charter
] and Article 267 TFEU, be interpreted as precluding the application of national laws such as Article 29(2) and (3), Article 26(3), and Article 72(1), (2) and (3) of [the Law on the Supreme Court], in so far as those laws prohibit judges of the Sąd Najwyższy (Supreme Court), on pain of the disciplinary penalty of dismissal, from determining or assessing the …