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… Everyone is entitled to a fair and public hearing within a reasonable time by an and previously by . Everyone shall have the possibility of being advised, defended and represented. …’ 6 The Explanations relating to the of Fundamental Rights (OJ 2007 C 303, p. 17) state that the first paragraph of thereof is based on Article 13 of the ECHR. …

… Legal context International law 3 Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), provides: ‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by …’. 4 Under Article 41 of the ECHR: ‘If the Court finds that there has been …

… That circumstance had the effect, consequently, of unreasonably increasing the total length of the proceedings, for the purposes of the second paragraph of of the Charter. 74 Second, contrary to what Kendrion claims, nothing in European Union law establishes that, as regards the processing of competition cases brought before the General Court, such as that at issue, a period of 2 years and 6 months must be considered reasonable, for the purposes of the second paragraph of of …

… EUROPEAN UNION 51. The relevant part of the of Fundamental Rights of the European Union, OJ 2012 C 326/391, provides as follows: . Right to an effective remedy and to a fair trial “... Everyone is entitled to a fair and public hearing within a reasonable time by an and previously by . Everyone shall have the possibility of being advised, defended and represented. ...” THE LAW I. PRELIMINARY ISSUES A. …

… In the determination of ... his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, and by ...” B. American Convention on Human Rights 49. The relevant provisions of the American Convention on Human Rights, 22 November 1969, read as follows: Article 8. Right to a Fair Trial “1. …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and previously by . …

… In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . … 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. …

… EU law The Charter 4 and 48 of the Charter of Fundamental Rights of the European Union (‘the Charter’) form part of title VI thereof, entitled ‘Justice’. 5 of the Charter, entitled ‘Right to an effective remedy and to a fair trial’ provides that: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this . …

… Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (3) (‘the ECHR’) provides: ‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . …’ B. EU law 1. The 5. …

… In any event, even if it were acknowledged that Article 6 of the ECHR does not apply to revocation proceedings, and 48 of the Charter would grant more extensive protection. In particular, of the Charter is much wider in scope and is likely to cover revocation proceedings such as those at issue in the main proceedings. Article 4a of the Framework Decision must be interpreted in the light of those provisions. 43. …

… The purpose of Article 4a is not to incorporate all the procedural guarantees of Article 6 of the ECHR (or, by analogy, the potentially more extensive guarantees of and 48 of the Charter) as factors capable of justifying the refusal to execute an EAW. Article 4a exclusively covers the guarantees relating to the right to appear in person at the trial. 59. …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and previously by . …

… In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . …

… . …’ 6 The Explanations relating to the of Fundamental Rights (OJ 2007 C 303, p. 17; ‘the Explanations relating to the Charter’) state that the second paragraph of of the Charter corresponds to Article 6(1) of the ECHR. 7 The Explanations relating to the Charter further state, with respect to , that ‘[i]n Union law, the right to a fair hearing is not confined to disputes relating to civil law rights and obligations. …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and previously by . …

… In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . …

… . …’ 6 The Explanations relating to the of Fundamental Rights (OJ 2007 C 303, p. 17; ‘the Explanations relating to the Charter’) state that the second paragraph of of the Charter corresponds to Article 6(1) of the ECHR. 7 The Explanations relating to the Charter further state, with respect to , that ‘[i]n Union law, the right to a fair hearing is not confined to disputes relating to civil law rights and obligations. …

… Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (4) (‘the ECHR’) provides: ‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . …’ B. EU law 1. The 10. …

… of the Charter of Fundamental Rights of the European Union (‘the Charter’) provides: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. …

… Those proceedings must therefore comply with the requirements of and 48 of the Charter and Article 6 of the ECHR. 49. The Public Prosecutor emphasises that, in the interests of a better guarantee of the rights of the defence, the review must relate to a decision concerning guilt. The opposite approach would entail the risk that the person concerned could be surrendered without his rights of defence having been respected at the earlier stages of the proceedings. 50. …

… Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (4) (‘the ECHR’) provides: ‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . …’ B. EU law 1. The 8. …

… of the Charter of Fundamental Rights of the European Union (‘the Charter’) provides: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. …

… The right to an effective remedy and the rights of the defence and to a fair trial are enshrined, respectively, in and Article 48(2) of the Charter. 32. In accordance with the explanations relating to the Charter, those provisions have the same meaning and the same scope as Article 6 of the ECHR, which guarantees the effective exercise of the rights of the defence. That does not prevent EU law from affording wider protection under Article 52(3) of the Charter. (5) 33. …

… Should that indeed be the case, (45) it seems to me to raise some material concerns as to compliance with 6 of the ECHR and, by extension, of the . 6(1) of the ECHR requires that the determination of a criminal charge against an accused party be undertaken ‘by an and by ’. …

… of the provides: ‘Everyone whose rights and freedoms guaranteed by the of the Union are violated has the right to an effective remedy before a in compliance with the conditions laid down in this . Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously by law. Everyone shall have the possibility of being advised, defended and represented. …’ The ECHR 7. …

… Article 6(1) of the ECHR states: ‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . …’ National law 8. The Law on games of chance restricts the organisation of games of chance using gaming machines to licensed operators. 9. …

… … by …”. …

… A plea of that kind cannot therefore be fully effective in the context of an administrative appeal procedure (judgment in CR v Parliament, EU:F:2014:38, paragraph 40). 48 Thirdly and lastly, the [Civil Service ] points out that the principle of effective judicial protection is a general principle of EU to which expression is now given by the second paragraph of of the , pursuant to which “[e]veryone is entitled to a … hearing … by an and …

… is compatible with of the Charter. …