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… . …’ The 7 Title VI of the , under the heading ‘Justice’, includes thereof, entitled ‘Right to an effective remedy and to a fair trial’, which states as follows: ‘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 and tribunal previously established by law. … …’ Directive 2000/78 8 Article 1 of Directive 2000/78 provides: ‘The purpose of this Directive is to lay down a general framework for combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation, with a view to putting into effect in the Member States the principle of equal …

… concerning rights and obligations under EU law, it must have power to consider all the questions of fact and law that are relevant to the case before it. (71) Additionally, the Court has ruled that compliance with the second paragraph of of the entails that a decision of an administrative authority which does not itself satisfy the conditions of and must be subject to subsequent control by a judicial body which must, in particular, have jurisdiction to …

… According to the Court’s case-law, the right to effective judicial protection laid down in Article 47 of the Charter comprises various elements, including the rights of the defence, the principle of equality of arms, the right of access to a court and the right to be advised, defended and represented. (70) With regard, in particular, to the right of access to a court under the first paragraph of of the , the Court has held that, for such a court to be able to determine a dispute …

… Nonetheless, it follows from the Court’s case-law that compliance with the right to effective judicial protection on the basis of of the must be examined in relation to the specific circumstances of the case, including the nature of the act at issue, the context in which it was adopted and the legal rules governing the matter in question. (73) Thus, as noted by commentators, there is not one uniform standard for judicial review of administrative decisions by national courts in …

… of the , which is the standard by reference to which the Council must assess compliance with the right to effective judicial protection, provides that everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law (see, to that effect, judgment of 25 June 2020, Klymenko v Council, T-295/19, EU:T:2020:287, paragraph 96 and the case-law cited). 99 In so far as the Charter contains rights which correspond to …

… rights guaranteed by the ECHR, such as those provided for by 6, their meaning and scope are, under Article 52(3) of the Charter, the same as those laid down by the ECHR. 100 In that regard, it must be noted that, in its interpretation of Article 6 ECHR, the ECtHR has held that the purpose of the reasonable time principle is, inter alia, to protect persons charged with a criminal offence against excessive procedural delays and to prevent them from being left in a state of uncertainty about …

… rights of defence and right to effective judicial protection had been respected, whereas, as the applicant argued, those proceedings, which concerned acts allegedly committed between 2011 and 2014, were still at the preliminary investigation stage and, moreover, had been transferred, already closed, to other investigating authorities in November 2019, with the result that the cases in question had not yet been submitted to a Ukrainian court with regard to the substance. 98 The second paragraph of …

… Second, that is a necessary condition if individuals are to be guaranteed, within the scope of EU law, the fundamental right to an and tribunal laid down in of the , which is of cardinal importance as a guarantee of the protection of all the rights that individuals derive from EU law (see, to that effect, inter alia, judgment of 26 March 2020, Review Simpson and HG v Council and Commission, C-542/18 RX-II and C-543/18 RX-II, EU:C:2020:232, paragraphs …

… The 6. Title VI of the , under the heading ‘Justice’, includes thereof, entitled ‘Right to an effective remedy and to a fair trial’, which states as follows: ‘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 and tribunal previously established by law. … …’ B. Maltese law 7. The Constitution of Malta of 1964 (‘the Constitution’) contains, in Chapter VIII, detailed rules relating to the judiciary, including, inter alia, the procedure for the appointment of judges. In 2016 this chapter was reformed, including the introduction of the Judicial Appointments Committee. …

… Again, while that case-law deals specifically with of the , the Court explains in A. K. and Others that if it analysed 2 and 19 TEU, then the conclusions from that analysis would be the same as those of the analysis of of the (see paragraphs 167 to 169 of that judgment). 116. Indeed, the Supreme Court has already ruled in no uncertain terms that the KRS is not . (52) 117. …

… As the Court held in Simpson and HG, (51) ‘it follows from the fundamental right to an effective remedy before an and tribunal previously established by law, guaranteed by of the , that everyone must, in principle, have the possibility of invoking an infringement of that right. …

… In view of that case-law, the effective judicial protection which such courts must be able to offer in accordance with that provision requires, in particular, that they comply structurally with the requirement of and , as it was developed under the Court’s case-law in relation to 267 TFEU, Article of the and Article 19 TEU. …

… JUDGMENT OF THE COURT (Grand Chamber) 17 December 2020 (*) (Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - 1(3) - 6(1) - Surrender procedures between Member States - Conditions for execution - of Fundamental Rights of the European Union - Second paragraph of - Right of access to an and tribunal - Systemic …

… The content of the fundamental right to be present at trial, as guaranteed by (2) of the and 6(1) ECHR 49. of the is entitled ‘Right to an effective remedy and to a fair trial’. It states in paragraph 2 that ‘everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. …

… The Explanations relating to the of Fundamental Rights (29) point out that the second paragraph of of the Charter corresponds to Article 6(1) of the ECHR, relating to the right to a fair trial. (30) Article 52 of the Charter, entitled ‘Scope and interpretation of rights and principles’, provides in paragraph 3 that ‘in so far as this Charter contains rights which correspond to rights guaranteed by the [ECHR], the meaning and scope of those rights shall be the same as those laid …

… The first part of the fifth ground of appeal 51 Concerning the first part of the fifth ground of appeal, alleging infringement of the principle of effective judicial protection, it should be borne in mind that the Court, in its case-law, derives from of the the precise content of the right to effective judicial protection, namely the right to an effective remedy before a tribunal, the right to a fair and public hearing within a reasonable time by an and tribunal …

… He adds that the General Court, by describing the complaint based on Article 90 of the Staff Regulations as “a mere pre-litigation phase”, misinterpreted that provision, and that that issue is closely linked to the first ground of appeal concerning the problems relating to an overly narrow interpretation of the rule of correspondence which stems, according to settled case-law, from 91(2) of the Staff Regulations. …

… As is apparent from the first sentence of the second paragraph of of the of Fundamental Rights of the European Union, one of the requirements concerning the composition of the Chamber is that courts must be , and previously established by law. 68. …

… The requests mainly concerned the question whether the newly established Disciplinary Chamber of the Supreme Court of Poland satisfied, in the light of the circumstances in which it was formed and its members appointed, the requirements of and required under of the of Fundamental Rights of the European Union. …

… Accordingly, having regard to the importance of compliance with the rules governing the appointment of a judge for the confidence of litigants and the public in the and of the courts, the judge at issue cannot be regarded as a lawful judge within the meaning of the first sentence of the second paragraph of of the of Fundamental Rights.” 133. …

… The referring court asks whether those legislative reforms themselves affect the execution of the EAW, due to the risk that the requested person’s right to a fair trial before an and tribunal, guaranteed by of the , may be breached. 30. …

… ., intervener: Openbaar Ministerie (Requests for a preliminary ruling from the rechtbank Amsterdam (District Court, Amsterdam, Netherlands)) (Reference for a preliminary ruling - Urgent preliminary-ruling procedure - Judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Surrender of the arrested person to the issuing judicial authority - of Fundamental Rights of the European Union - - Right of access to an and …

… of Fundamental Rights of the European Union 8. (‘Right to an effective remedy and to a fair trial’) 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 and tribunal previously established by law. …