46In those circumstances, it is necessary, in the present case, to examine whether the findings and assessments made by the European Court of Human Rights in the judgment in Dolińska-Ficek and Ozimek v. Poland in the light of Article 6(1) ECHR, in conjunction with those made by the Naczelny Sąd Administracyjny (Supreme Administrative Court) in its judgment of 21 September 2021, are such as to lead the Court, which alone is responsible for interpreting EU law, to consider, in the light of its own case-law, that the panel of judges of the Chamber of Extraordinary Control and Public Affairs which made a reference to it for a preliminary ruling in the present case does not have the status of an independent and impartial tribunal previously established by law, for the purposes of the second subparagraph of Article 19(1) TEU, read in the light of the second paragraph of Article 47 of the Charter, and, consequently, that that panel of judges does not satisfy the requirements set out in paragraph 40 above in order to be classified as a ‘court or tribunal’ within the meaning of Article 267 TFEU.
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