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… A ground alleging the irregular constitution of the panel of judges is a ground involving a question of public policy, which must be examined by the appeal court of its own motion, even if this irregularity was not invoked at first instance (see, to that effect, judgments of 1 July 2008, Chronopost and La Poste v UFEX and Others, C-341/06 P and C-342/06 P, EU:C:2008:375, paragraphs 44 to 50). 67 As is apparent from the first sentence of the second paragraph of of the of Fundamental …

… as a lawful judge within the meaning of the first sentence of the second paragraph of of the of Fundamental Rights. 79 Consequently, the first ground of appeal, alleging that the constitution of the Second Chamber of the Civil Service Tribunal, which delivered the judgment under appeal, was improper must be upheld. 80 In the light of those considerations, the judgment under appeal must be set aside in its entirety, without there being any need to examine the second and third grounds …

… 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 principle of the lawful judge, the objective of which is to guarantee the independence of judicial power with respect to the executive, stems from that requirement, which must be interpreted as meaning that the composition of the court and its jurisdiction must be regulated beforehand by legal provisions (see, to that …

… EU law The 4 and 48 of the of Fundamental Rights of the European Union (‘the ’) form part of title VI thereof, entitled ‘Justice’. 5 of the , entitled ‘Right to an effective remedy and to a fair trial’ provides that: ‘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. …

… . …’ 6 The Explanations relating to the of Fundamental Rights (OJ 2007 C 303, p. 17) state that the second paragraph of of the Charter corresponds to Article 6(1) of the ECHR. 7 Article 48 of the Charter, entitled ‘Presumption of innocence and right of defence’, provides: ‘1. Everyone who has been charged shall be presumed innocent until proved guilty according to law. 2. …

… 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. …

… 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (3) (‘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 and tribunal established by law. …’ B. EU law 1. The 5. …

… of the provides that everyone is entitled to a hearing by an and tribunal. …

… of the , which constitutes a reaffirmation of the principle of effective judicial protection, requires, in its first paragraph, that any person whose rights and freedoms guaranteed by EU law are violated should have the right to an effective remedy before a tribunal in compliance with the conditions laid down in that (see, to that effect, judgment of 17 December 2015, Tall, C-239/14, EU:C:2015:824, paragraph 51 and the case-law cited). 39 Furthermore, the second paragraph of …

… true that in examining a visa application the national authorities have a broad discretion as regards the conditions for applying the grounds of refusal laid down by the Visa Code and the evaluation of the relevant facts, the fact remains that such discretion has no influence on the fact that the authorities directly apply a provision of EU law. 37 It is clear that the Charter is applicable where a Member State adopts a decision refusing to issue a visa under Article 32(1) of the Visa Code. 38 …

… The first and second paragraphs of of the provide 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. …

… The Tribunal Superior queries whether it would infringe Article 47 of the Charter of Fundamental Rights of the European Union (‘’), if the individual employee was bound by a judgment given in these collective proceedings in which he was unable to be a party and defend his rights under the Directive. I. Legal framework A. European Union law 4. …

… in the present plea cannot be examined in the light of of the . 89 It should be borne in mind, in that regard, that the first sentence of 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. …

… Nor is it of any consequence that the Council’s review process satisfies the requirements of of the , as the Council is not an and tribunal. 87 The Council submits, in the defence, that it was not acting in the present case in a judicial capacity, a function which, in the interinstitutional system of the European Union, rests exclusively with the Court of Justice of the European Union. …

… The requirement for the Council to have due regard for the reasonable time principle enshrined in of the is confirmed by the case-law of the Court of Justice. In the reply, the applicant submits, in response to the Council’s arguments, that it is of no consequence that the Council was not acting in the present case in a judicial capacity. …

… of the , entitled “Right to an effective remedy and to a fair trial”, is worded 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. …

… For the purpose of the requirements of the first paragraph of of the , it appears rather clear to me that what is aimed at by that provision is a truly and body of a judicial nature which fulfils all the defining criteria of a court or tribunal in the sense of 267 TFEU. …

… That brings me to my very last point, also addressed at the hearing in the present case: what would a ‘tribunal’ under the first paragraph of of the in the present context mean? (51) 121. …

… Before that, it is for each Member State to decide to opt for a purely administrative review (before the same authority or another one); or for a review carried out by mixed tribunals composed of both judges and civil servants; or, of course, should the Member State wish to do so, also directly allow for a review before a tribunal within the meaning of the first paragraph of . 120. …

… EU law The 4 and 48 of the of Fundamental Rights of the European Union (‘the ’) form part of title VI thereof, entitled ‘Justice’. 5 Under of the , entitled ‘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. …

… . …’ 6 The Explanations relating to the of Fundamental Rights (OJ 2007 C 303, p. 17; ‘the Explanations relating to the Charter’) state that the second paragraph of of the Charter corresponds to Article 6(1) of the ECHR. 7 The Explanations relating to the Charter further state, with respect to Article 47, that ‘[i]n Union law, the right to a fair hearing is not confined to disputes relating to civil law rights and obligations. …

… European Union law The 4 and 48 of the of Fundamental Rights of the European Union (‘the ’) form part of title VI thereof, entitled ‘Justice’. 5 Under of the , entitled ‘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. …

… . …’ 6 The Explanations relating to the of Fundamental Rights (OJ 2007 C 303, p. 17; ‘the Explanations relating to the Charter’) state that the second paragraph of of the Charter corresponds to Article 6(1) of the ECHR. 7 The Explanations relating to the Charter further state, with respect to Article 47, that ‘[i]n Union law, the right to a fair hearing is not confined to disputes relating to civil law rights and obligations. …