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… This conclusion was the starting point for its assessment of whether the Disciplinary Chamber could be considered an “ and by ”: “61. …

… The applicant, who is a barrister, complained that the Disciplinary Chamber of the Supreme Court that dealt with her case had not been an and “ by ” and alleged a breach of Article 6 § 1 of the Convention. THE FACTS 2. The applicant was born in 1980 and lives in Gdynia. Having been granted legal aid, she was represented by Ms M. Gąsiorowska, a lawyer practising in Warszawa. 3. …

… In particular, for the purpose of this Recommendation, lawyers’ rights include, inter alia: - the right to a fair and public hearing within a reasonable time by an and by . This does not preclude lawyers from asking that the hearing be heard in camera.” The Council of Europe Commissioner for Human Rights 135. The Council of Europe Commissioner for Human Rights, Ms Dunja Mijatović carried out a visit to Poland from 11 to 15 March 2019. …

… The applicants relied on Article 6 § 1 of the Convention which reads, in so far as relevant, as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by .” Alleged violation of right of access to a court as a result of the 2016 legislative amendments Admissibility (a) The parties’ submissions 39. …

… In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by ... ... 3. Everyone charged with a criminal offence has the following minimum rights: ... …

… and by . 162 Thus, the first complaint in the main action raises the question whether, in order to comply with their obligation under the second subparagraph of Article 19(1) TEU, read in conjunction with Article 47 of the Charter, to guarantee that the national courts coming within their judicial system in the fields covered by EU law meet the requirements inherent in effective judicial protection, including the requirements of independence, the Member States must …

… irregular. 161 It is apparent from the Republic of Poland’s assertions, as set out in paragraphs 158 and 159 of the present order, that that Member State is disputing not the fact that those national provisions prohibit the national courts from carrying out such verification but the fact that such a prohibition, which is consistent with the Polish constitutional provisions, may be regarded as a breach of its obligations under the second subparagraph of Article 19(1) TEU to guarantee the right to an …

… Article 6 § 1 of the Convention reads as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by .” The parties’ submissions 29. …

… The applicant complained that the judgments in her pension case had not been “pronounced publicly”, as required by Article 6 § 1 of the Convention, the relevant part of which reads as follows: “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . …

… This had impinged upon its fair trial rights, enshrined in Article 6 of the Convention, which reads as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by .” Admissibility Whether the Court has jurisdiction ratione personae 63.   …

… ., everyone is entitled to a fair ... hearing ... by an and by .” Admissibility Applicability of Article 6 § 1 (a)   The Government’s submissions 176.  The Government disputed the applicability of Article 6 § 1 of the Convention under its civil head to the proceedings before the Constitutional Court. 177.   …

… 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 Article 19(1) TEU - Rule of law - Judicial independence - Definition of disciplinary offences - Examination by an and by - Reasonable time - Rights of the defence - Articles 47 and 48 of the Charter …

… He relied on Article 6 § 1 of the Convention, which reads as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by .” Admissibility 13.  The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention or inadmissible on any other grounds. It must therefore be declared admissible. Merits The parties’ arguments 14.   …