Judgment_paragraph 55 · Asociaţia 'Forumul Judecătorilor din România' and Asociaţia 'Mişcarea pentru Apărarea Statutului Procurorilor' v Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – Procurorul General al României (C-53/23)

55Next, the Court has held that the fundamental right to a fair trial and, in particular, the guarantees of access to an independent and impartial tribunal previously established by law which characterise that fundamental right, mean in particular that every court is obliged to check whether, as composed, it constitutes such a tribunal where a serious doubt arises on that point, such a check being necessary for the confidence which the courts in a democratic society must inspire in those subject to their jurisdiction (judgment of 5 June 2023, Commission v Poland (Independence and private life of judges), C‑204/21, EU:C:2023:442, paragraph 129).