search

… By the second part of its question, the referring court asks the Court, in essence, to examine whether the use of a computerised system for randomly allocating cases, such as the SLPS, is compatible with the requirements of an and by , for the purposes of the second subparagraph of Article 19(1) TEU, read in the light of Article 47 of the Charter. 57. …

… (Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Regional Court, Warsaw, Poland)) (Reference for a preliminary ruling - Member States - Obligations - Provision of remedies sufficient to ensure effective judicial protection - Observance of the principle of judicial independence - and by - Allocation of cases to judges - Irregular composition of a court - Principle that the formation of the court may not be altered - Artificial intelligence …

… He also complained that Judge S, hearing his appeal, had not been impartial and about the length of the proceedings, which he considered contrary to that provided 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 within a reasonable time by an and by .” Admissibility The parties’ submissions (a) The Government 82. …

… Article 6, as far as relevant, reads as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair and public hearing within a reasonable time by an and by .” 72. The Government contested those arguments. Admissibility Victim status and applicability of Article 6 § 1 of the Convention 73. …

… Mechanisms to ensure the consistency of case-law cannot disregard the requirement of access to an and by . 17. Fourth, the fact that there are a large number of cases pending before the courts should not be confused with the existence of divergent case-law. …

… Moreover, as the Commission observed, unlike the situation which prevailed in the Republic of Poland when the judgment of 5 June 2023, Commission v Poland (Independence and private life of judges), (39) was handed down, it is not suggested in the present case that the procedure under OUG No 62/2024 prevents national courts called upon to apply EU law from checking whether, as composed, they constitute and by . (40) The Tribunalul București (Regional …

… In the case of Reczkowicz (cited above) the Court has previously found that the DCSC failed to satisfy the requirements of an “ and by ” as prescribed in Article 6 § 1 of the Convention. …

… As established above, the decision on the lifting of the applicant’s immunity and her suspension was taken by the DCSC, which failed to meet the requirements of an “ and by ” (see paragraphs 82-84 above, and compare Tuleya, cited above, § 540). 188. …

… On this basis, the Court accepted that at last instance Judge Tuleya received a hearing before an “ and by ”, as required by Article 6 § 1 of the Convention, notably due to lack of doubts as to the validity of the appointments of the members of the CPL panel concerned (ibid., § 261). …

… and by 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 the decision not to adjudicate of a body such as the [NCJ] concerning the challenge brought against that transfer decision.” …

… The relevant part of 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 .” Admissibility Applicability of Article 6 of the Convention, under its civil head, to a dispute concerning a judge’s transfer to another division within one court (a) The parties’ submissions (i) The Government’s submissions 52. …

… Concluding his remarks, the Commissioner reiterated that the NCJ had previously been found by the Court, in the case of Reczkowicz (cited above), to lack sufficient independence and submitted, therefore, that a procedure concerning a judge’s transfer that involved the NCJ would fail to meet the requirements of the Convention unless there was a right of appeal against its decisions to an and by . (ii) Judges for Judges Foundation and Professor L. …

… The relevant part of 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 .” Admissibility 49. The Government argued that Article 6 § 1 of the Convention did not apply to the proceedings before the Sports Arbitration Board. …

… Compliance with the principle of “an and by ` (a) The parties’ submissions (i) The applicant 71. The applicant referred to a Constitutional Court decision (see paragraph 34 above) and argued that Sports Arbitration Board was an administrative body and did not qualify as a tribunal under domestic law. She claimed that it did not have full jurisdiction to determine a dispute on the basis of legal rules. …

… The relevant part of Article 6 § 1 of the Convention provides as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by ...” Admissibility 24. The Government argued that the impugned proceedings before the TFF concerned a dispute arising out of the administration of football, to which Article 6 § 1 of the Convention did not apply. 25. …

… The relevant part of Article 6 § 1 of the Convention 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 ... hearing ... by an and by .” Inability to appeal against an SJC decision following remittal Admissibility 68. The Government did not raise any objections as to the admissibility of this complaint. 69. …

… Croatia [GC], nos. 37685/10 and 22768/12, §§ 110-26, 20 March 2018, and Grosam v. the Czech Republic [GC], no. 19750/13, § 90, 1 June 2023) considers it appropriate to examine the above complaints solely under 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 ... hearing ... by an and by .” …