… A feature common to
Article
6 of the ECHR and
Article
47
of the Fundamental Rights
Charter
is that legal protection must be guaranteed by an
independent
and
impartial
court or
tribunal
established
by
law
and also operating publicly in accordance with fair procedure.
87. …
… The first sentence of
Article
6(1) provides: In the determination of his civil rights and obligations …, everyone is entitled to a fair and public hearing within a reasonable time by an
independent
and
impartial
tribunal
established
by
law
.
80. Reference should also be made to
Article
47
of the
Charter
of Fundamental Rights, (55) which, admittedly, does not yet have any binding legal effect. …
… Moreover, no comparable restriction on civil-law claims can be inferred from
Article
47
of the Fundamental Rights Charter either. It is thus sufficient if what is in issue is a right guaranteed by the
law
of the Union. A claim for compensation under
Article
1(4) of the Second Directive must unquestionably be treated as being such a right.
86. …