… proceedings, which were of a quasi-disciplinary nature;
3) a breach of
Article
178 § 1 of the Constitution,
Article
47
of the
Charter
of Fundamental Rights of the European Union and
Article
6 § 1 of the Convention in that the decision on his transfer had infringed his judicial
independence
and breached the prohibition on the arbitrary transfer of a judge from one division to another.
19. …
… Turkey, CE:ECHR:2021:0309JUD000157107, §§ 63 and 96).
117 In the light of the foregoing, it must be held that the requirement of judicial
independence
arising from second subparagraph of
Article
19(1) [of the Treaty on European Union], read in the light of
Article
47
of the
Charter
, requires that the rules applicable to transfer without the consent of such judges present, like the rules governing disciplinary matters, in particular the necessary guarantees to prevent any risk of that
independence
…
… , or certain of them, have in fact been established, it remains, in any event, in order to ensure the possibility of an effective judicial remedy in respect of a decision to transfer a judge without consent, such as that at issue in the main proceedings, necessary for an
independent
and
impartial
tribunal established by law to be able, in accordance with a procedure that fully safeguards the rights enshrined in
Articles
47
and 48 of the
Charter
, to review the validity of that decision and that of …