…
47
of [the
Charter
] and the right to an effective remedy before a tribunal and the right to a fair and public hearing within a reasonable time by an
independent
and
impartial
tribunal previously established by law expressed therein - be interpreted as precluding [national provisions such as
Article
80,
Article
110(2a) and
Article
129 of the Law on the ordinary courts and
Article
27(1)(1a) of the Law on the Supreme Court], which [allow the Disciplinary Chamber] to lift a judge’s immunity and suspend …
… Consideration of the questions referred
The first to third questions referred in Case C-615/20
50 By its first to third questions, which should be examined together, the referring court in Case C-615/20 asks, in essence, whether
Article
2 TEU, the second subparagraph of
Article
19(1) TEU and
Article
47
of the
Charter
must be interpreted as precluding national provisions which confer on a body, whose
independence
and
impartiality
are not guaranteed, jurisdiction to authorise the initiation of criminal …
… courts, prohibiting any national court from verifying compliance with the requirements stemming from EU law relating to the guarantee of an
independent
and
impartial
tribunal previously established by law, the Republic of Poland had failed to fulfil its obligations under the second subparagraph of
Article
19(1) TEU, read in conjunction with
Article
47
of the
Charter
and under the principle of the primacy of EU law.
87 The Court also held in that judgment, for the reasons set out in paragraphs 125 …