… This conclusion was the starting point for its assessment of whether the Disciplinary Chamber could be considered an “
independent
and
impartial
tribunal
established
by
law
”:
“61. …
… They complained that the Chamber of Extraordinary Review and Public Affairs of the Supreme Court, which examined their appeals against the resolutions of the NCJ, had not been an “
independent
and
impartial
tribunal
established
by
law
”. They alleged a breach of Article 6 § 1 of the Convention.
THE FACTS
2. The applicants were born in 1979 and 1966 respectively and live in Siemianowice Śląskie and Lublin. They were represented by Ms S. Gregorczyk‑Abram and Ms M. …
… The Supreme Court concluded:
“Consequently, the necessity of meeting the Convention standard of fair trial in terms of access to an
independent
and
impartial
tribunal
established
by
law
requires, in application of Article 91 section 2 of the Polish Constitution, a refusal to apply the provisions of Article 29 § 2 and 3 of the Act on the Supreme Court and, as a further consequence, quashing the decision appealed against, so that in further proceedings the convicted person is entitled to guarantees …