… Everyone is entitled to a fair and public hearing within a reasonable time by an
independent
and
impartial
tribunal
previously
established
by
law
. Everyone shall have the possibility of being advised, defended and represented.
…’
6 The Explanations relating to the Charter of Fundamental Rights (OJ 2007 C 303, p. 17) state that the first paragraph of Article 47 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
independent
and
impartial
tribunal
established
by
law
…’.
4 Under Article 41 of the ECHR:
‘If the Court finds that there has been …
… European Union
law
The Charter
5 Title VI of the Charter of Fundamental Rights of the European Union (‘the Charter’), headed ‘Justice’, includes Article 47, entitled ‘Right to an effective remedy and to a fair trial’, which states:
‘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. …