… circumstances, to a violation of the guarantees of
independence
and
impartiality
within the meaning of
Article
45 § 1 of the Constitution of the Republic of Poland,
Article
47
of the
Charter
of Fundamental Rights of the European Union and
Article
6 § 1 of the [Convention].
3. …
… Schab, appointed as judge of the Warsaw Court of Appeal in a defective procedure before the NCJ, did not meet the standard of due composition of a court formation referred to in
Article
439 § 1 (2) of the Code of Criminal Procedure owing to the failure to observe the guarantees of
impartiality
and
independence
required by
Article
45 § 1 of the Constitution of the Republic of Poland,
Article
6 § 1 of the Convention and
Article
47
of the
Charter
of Fundamental Rights.
OTHER DEVELOPMENTS
127. …
…
Article
179 in conjunction with
Article
187 § 1 and 3 of the Constitution,
– the first sentence of
Article
6 § 1 of the Convention.
–
Article
47
, first and second sentences, of the
Charter
of Fundamental Rights of the European Union in connection with
Article
6(1) of the Treaty on European Union.”
202. …