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… The 13. The second paragraph of of the provides that ‘everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. 14. 48(2) of the Charter states that ‘respect for the rights of the defence of anyone who has been charged shall be guaranteed’. 2. Directive 2012/29 15. …

… 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. …

… 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. 79. …

… of Fundamental Rights of the European Union to the exercise, by the European Union, of its competence to conclude an international agreement - 20 and 21 of the - Principle of equal treatment - of the - Right of access to an and tribunal) Table of contents I. …

… Moreover, in its judgment of 14 June 2017, Online Games and Others (C-685/15, EU:C:2017:452), the Court held that, ‘as regards the right to an and tribunal set out in the second paragraph of of the , the concept of “”, which is inherent in the court’s task, has two aspects. …

… Second, the Kingdom of Belgium questions the compatibility of the conditions governing the remuneration of the Members of the Tribunals envisaged, as provided for in 8.27.12 to 8.27.15 and in 8.28.7(d) of the CETA, with the right of access to ‘an and tribunal previously established by law’, which is laid down in the second paragraph of of the . 225. …

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

… European Union law The 5 Title VI of the of Fundamental Rights of the European Union (‘the ’), headed ‘Justice’, includes , 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 . …

… The appeal thus infringes of the , which guarantees the right to bring a case before an and court. 22 Thus, Kendrion takes the view that the appellant should have refrained from lodging an appeal against the judgment under appeal. 23 Moreover, and, in any event, since (i) in order to be consistent with the requirements of a proper administration of justice, the decision to lodge this appeal and the choice and wording of the grounds of appeal should have been …

… Legal context European Union law The 3 The first and second paragraphs of of the 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 . …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.’ 4 Article 48(2) of the Charter provides: ‘Respect for the rights of the defence of anyone who has been charged shall be guaranteed.’ …

… 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, to which and 48 of the correspond in the EU legal order, holds, particularly in criminal matters, a prominent place in a democratic society (ECtHR, 7 July 1989, Soering v. …

… United Kingdom, CE:ECHR:1989:0707JUD001403888, paragraph 113). 95 Similarly, it must be emphasised that the principles of judicial and and the right to effective judicial protection are standards that are essential for respect for the rule of law, which is itself one of the primary values on which the European Union is founded, as is stated in 2 TEU, the preambles to the EU Treaty and the Charter (see, to that effect, judgment of 15 September 2016, Klyuyev v Council …

… Union’s action on the international scene is to seek to advance in the wider world, inter alia, the rule of law, the universality and indivisibility of human rights and respect for international law. 94 In the third place, as regards specifically the right to a fair trial and to respect for the presumption of innocence, infringement of which is alleged in this instance, it must be noted that, according to the European Court of Human Rights (‘the ECtHR’), the right to a fair trial, as embodied in …

… 349 TFEU’. 16 OJ 2013 L 347, p. 320. 17 of the , entitled ‘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 . …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. …

… handicaps defined as follows: (a) island Member States eligible under the Cohesion Fund, and other islands except those on which the capital of a Member State is situated or which have a fixed link to the mainland; (b) mountainous areas as defined by the national legislation of the Member State; (c) sparsely (i.e. less than 50 inhabitants per square kilometre) and very sparsely (less than 8 inhabitants per square kilometre) populated areas; (d) the inclusion of the outermost regions as referred to in …

… 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), which correspond, in the EU legal order, to and 48 of the , holds a prominent place in a democratic society, particularly in criminal matters (ECtHR, 7 July 1989, Soeringv. …

… United Kingdom, CE:ECHR:1989:0707JUD001403888, §113). 61 Similarly, it should be stressed that the principles of and of justice and the right to effective judicial review are essential standards for respect for the rule of law, which itself forms one of the primary values on which the European Union is founded, as is clear from 2 TEU, the preambles of the EU Treaty and of the Charter (see, to that effect, judgment of 15 September 2016, Klyuyev v Council, T-340/14 …

… Union’s action on the international scene is to seek to advance in the wider world, inter alia, the rule of law, the universality and indivisibility of human rights and respect for international law. 60 Finally, with regard more particularly to the right to a fair trial and to respect for the presumption of innocence, the breach of which is alleged in the present case, it should be noted that, according to the European Court of Human Rights (‘the ECtHR’), the right to a fair trial, as enshrined in …

… The 6. 6 of the provides that ‘everyone has the right to liberty and security of person’. 7. Under of the , headed ‘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. Everyone shall have the possibility of being advised, defended and represented. …’ 8. Article 48 of the Charter, headed ‘Presumption of innocence and right of defence’, is worded as follows: ‘1. Everyone who has been charged shall be presumed innocent until proved guilty according to law. 2. …

… JUDGMENT OF THE COURT (Grand Chamber) 25 July 2018 (*) (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) - Surrender procedures between Member States - Conditions for execution - of Fundamental Rights of the European Union - - Right of access to an and tribunal) In Case C-216/18 PPU, REQUEST for a preliminary …

… and of those courts. 59 It must, accordingly, be held that the existence of a real risk that the person in respect of whom a European arrest warrant has been issued will, if surrendered to the issuing judicial authority, suffer a breach of his fundamental right to an tribunal and, therefore, of the essence of his fundamental right to a fair trial, a right guaranteed by the second paragraph of of the , is capable of permitting the executing judicial authority …

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