… and
impartial
tribunal
established
by
law
.
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
independent
…