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… Examining whether the CAS could be regarded as an ‘ and by ’ within the meaning of that provision, the ECtHR held that the CAS had the appearance of a tribunal established by law and that it was genuinely independent and impartial (Mutu and Pechstein, cited above, §§ 149 and 159), which it has had cause recently to confirm (Platini v. Switzerland (dec.), no. 526/18, § 65, 11 February 2020). 5.1.3. …

… This was contrary to the guarantees of Article 6 § 1 of the Convention, the relevant part of 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 24. …

… by .” …

… The applicants complained that the Family Court in the civil proceedings (composed of Judge F) had not been impartial due to the links of the judge with the opposing party’s lawyer, moreover, the judge had herself decided on the challenge lodged against her, contrary to that provided in 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 …

… ., everyone is entitled to a fair and public hearing within a reasonable time by an and by .” Article 1 of Protocol No. 1 to the Convention reads as follows: “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. …

… In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by . ...” Article 13 “Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.” The parties’ submissions 74. …

… The applicant relied on Article 6 § 1 of the Convention, which, in its relevant part, reads as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by .” Admissibility Applicability of Article 6 § 1 of the Convention in the context of the judgment of the Constitutional Court of 10 March 2022 in case no. K 7/21 (a) The parties’ submissions 42. …

… The relevant part of Article 6 § 1 reads: “In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by an and by .” Admissibility 60. The Government conceded that Article 6 § 1 under its criminal limb was applicable in the present case. They submitted, however, that the administrative-offence proceedings in question had had very little impact on the applicant’s professional or private life. …

… In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair ... hearing ... by an and by ... 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. ...” 49. The Government contested that argument. Admissibility Applicability of Article 6 § 2 (a) General principles 50. …

… In the final analysis, and in the light of the foregoing, there can be no doubt that the Trybunał Konstytucyjny (Constitutional Court) cannot be classified as an and ‘ by ’, as required by the second subparagraph of Article 19(1) TEU, and reinforced by Article 47 of the Charter. …

… By calling into question the Court’s jurisdiction deriving from Article 279 TFEU to order interim measures intended to preserve the right to effective judicial protection before an and by , the Trybunał Konstytucyjny (Constitutional Court) undermines the right to effective judicial protection. …

… (Chamber of Extraordinary Control and Public Affairs of the Supreme Court - Appointment). (18) According to that interpretation, verification of the lawfulness of the procedure for the appointment of a judge to the Extraordinary Chamber of the Sąd Najwyższy (Supreme Court) forms an integral part of the requirement of an ‘ and by ’, as imposed by EU law. …

… In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by an and by . 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.” Admissibility 43. The Court notes that the application is neither manifestly ill-founded nor inadmissible on any other grounds listed in Article 35 of the Convention. It must therefore be declared admissible. …