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… 6(1) ECHR provides that 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 tribunal established by law. …

… That right relates to the principle of effective judicial protection which has, moreover, been reaffirmed in of the (see, to that effect, judgment of 16 July 2009, Der Grüne Punkt - Duales System Deutschland v Commission, C-385/07 P, EU:C:2009:456, paragraphs 177 and 179). 80 In addition, the ECtHR noted, first, that the purpose of the reasonable time principle was, inter alia, to protect a person charged with a criminal offence against excessive procedural delays, to avoid leaving …

… the protection of the rights at issue had been guaranteed, when, as the applicant had claimed on numerous occasions in the letters sent to the Council, the criminal proceedings against him, which were opened in May 2014 and referred to facts which allegedly occurred in 2010, were still at the pre-trial investigation stage and had been brought before a Ukrainian court for the consideration not of the substance but of, at most, mere procedural questions. 79 In that regard, it should be noted that …

… Question 1 in Case C-585/18 and Question 2 in Cases C-624/18 and C-625/18 and the of the Disciplinary Chamber 60. The applicants submit that the Disciplinary Chamber does not meet the criteria necessary to ensure effective judicial protection under the second subparagraph of 19(1) TEU and the right to an and tribunal under of the , since the NCJ has been appointed in a manner which makes it dependent on the political authorities. …

… The Commission contends that the requirements of and under the second subparagraph of 19(1) TEU and of the should be interpreted as meaning that a judicial body such as the Disciplinary Chamber, which is established in the circumstances of the main proceedings and competent to rule on disputes on the status of judges, does not satisfy those requirements. (34) In its view, 267 TFEU is not relevant, since the qualification of a body making …

… the right to an and tribunal under the ECtHR’s case-law.(67) 109. …

… The 4 Title VI of the , headed ‘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 . …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. … …’ 5 As provided in Article 51 of the : ‘1. The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. …

… and tribunal previously established by law’ in of the . …

… EU law, thereby triggering the protection afforded by of the and the right to ‘an and tribunal previously established by law’. 72. …

… A constitutional passerelle exists, therefore, between of the and 19(1) TEU, given that these same sources are relevant to determining the content of the right to ‘an and tribunal previously established by Law’ under of the . The second subparagraph of Article 19 (1) TEU and Article 47 of the Charter are further linked by their relationship with general principles of law. …

… . …’ 9 of the , entitled ‘Right to an effective remedy and to a fair trial’, reads 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 . Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… of the of Fundamental Rights of the European Union provides, in so far as relevant: Right to an effective remedy and to a fair trial “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 . Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… the of those bodies is essential, as confirmed by the second paragraph of of the , which refers to access to an “independent” tribunal as one of the requirements linked to the fundamental right to an effective remedy (judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses, C-64/16, EU:C:2018:117, paragraph 41).’ (54) 87. …

… The same judgment contains some clear statements about the of the authorities involved in issuing and receiving EAWs: - ‘The high level of trust between Member States on which the [EAW] mechanism is based is … founded on the premiss that the criminal courts of the other Member States … meet the requirements of effective judicial protection, which include, in particular, the and of those courts.’ (53) - ‘In order for that protection to be ensured, maintaining …

… The Court was particularly unequivocal in holding, in the judgment of 25 July 2018, Minister for Justice and Equality (Deficiencies in the system of justice), that ‘not only the decision on executing a European arrest warrant, but also the decision on issuing such a warrant, must be taken by a judicial authority that meets the requirements inherent in effective judicial protection - including the guarantee of ’. (52) 86. …

… See also judgment of 25 July 2018, Minister for Justice and Equality (Deficiencies in the system of justice) (C-216/18 PPU, EU:C:2018:586, paragraphs 62 to 67), in which the Court relied, in particular, on the judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses (C-64/16, EU:C:2018:117), in order to set out the content of of the which guarantees a right to an and tribunal. 44 See the judgment in Generalstaatsanwaltschaft (paragraph 90). …

… effective remedy enshrined in of the . …

… 8.27.12 to 15, and 8.28.7(d) of the CETA, with the right of access to ‘an and tribunal previously established by law’, enshrined in the second paragraph of of the . …

… Principles 189 In its request for an opinion, the Kingdom of Belgium makes reference to the right, laid down in the second paragraph of of the , to a remedy before an ‘ and tribunal previously established by law’, and to ‘effective access to justice’ laid down in the third paragraph of . 190 In that regard, it is a consequence of Article 47, which is binding on the Union in accordance with the case-law cited in paragraphs 165 and 167 of the present …

… The Commission further stressed at the hearing that, under the Court’s case-law, (7) the contested measures fall within the scope of the second subparagraph of 19(1) TEU, and of the is relevant in so far as that imports the requirements of and into the second subparagraph of Article 19(1) TEU. …

… The Commission underlined at the hearing that although the provisions of the Law on the Supreme Court challenged in these proceedings were modified by the Law of 21 November 2018, it is not certain whether that law eliminates the alleged violations of EU law, and in any event, there remains an interest in deciding this case in view of the importance of judicial in the Union legal order. 26. …