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… 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 (4) (‘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 10. …

… 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 (4) (‘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 8. …

… Pursuant to 325 TFEU, the Union and the Member States are to combat ‘fraud and any other illegal activities affecting the financial interests of the Union’ and to afford ‘effective protection’ to those interests. 2. The 20. The second paragraph of of the provides: ‘Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …’ 21. …

… 49 of the Charter, entitled ‘Principles of legality and proportionality of criminal offences and penalties, provides in paragraph 1: ‘No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. …

… of of the , the concept of ‘’, which is inherent in the court’s task, has two aspects. …

… In the absence of EU legislation, the Member States have the responsibility for ensuring that those rights are effectively protected in each case and, in particular, for ensuring compliance with the right to an effective remedy and to a fair hearing enshrined in of the (see, to that effect, judgment of 8 November 2016, Lesoochranárske zoskupenie VLK, C-243/15, EU:C:2016:838, paragraph 65). 60 As regards the right to an and tribunal set out in the second paragraph …

… The first aspect, which is external, entails that the body is protected against external intervention or pressure liable to jeopardise the independent judgment of its members as regards proceedings before them (judgment of 9 October 2014, TDC, C-222/13, EU:C:2014:2265, paragraph 30 and the case-law cited). 61 The second aspect, which is internal, is linked to ‘’ and seeks to ensure a level playing field for the parties to the proceedings and their respective interests with regard to the …

… Account should also be taken of the complexity of competition cases, the multilingual environment in which the Court of Justice of the European Union operates and the limited terms of office of the judges. 130 The General Court points out that the second paragraph of of the of Fundamental Rights of the European Union provides in particular that ‘everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established …

… The interpretation of of the 69. The referring court, like the ASJP, claims that, under of the , the courts of the Member States must implement and the effective judicial protection of the rights conferred on citizens by the European legal order and that the unilateral reduction of the remuneration at issue in the main proceedings might have undermined the of the judges concerned. 70. …

… In that regard, I recall, as Advocate General Wathelet recently explained, (74) that the title (75) and the wording of of the indicate that the recognises the right to an effective remedy, which was also laid down in 13 of the ECHR, and the right to a fair trial, including the right to an and tribunal, which was enshrined in 6(1) of the ECHR. 71. …

… In that regard, the referring court observes that effective judicial protection of the rights arising from the EU legal order is ensured primarily by the national courts, according to the second subparagraph of 19(1) TEU, and that the latter must implement such protection with the and to which EU citizens of the Union are entitled under of the . …

… secures in EU law the protection afforded by 6(1) and 13 of the ECHR. It is necessary, therefore, to refer only to (see, to that effect, judgment of 6 November 2012, Otis and Others, C-199/11, EU:C:2012:684, paragraphs 46 and ). 55 The second paragraph of of the provides that everyone is entitled to a hearing by an and tribunal. …

… of the . …

… Legal context EU law The 3 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. …

… of Fundamental Rights of the European Union (‘the ’) 4. of the sets out the rights 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. …’ 2. Motor Insurance Directives 5. There are six motor vehicle insurance directives, with the sixth directive codifying the five previous ones. 6. Article 2 of the First Motor Insurance Directive (‘First MID’) (2) provided that: ‘1. …

… The of Fundamental Rights of the European Union 3. The first and second paragraphs of provide: ‘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. …

… Should that indeed be the case, (45) it seems to me to raise some material concerns as to compliance with 6 of the ECHR and, by extension, of the . 6(1) of the ECHR requires that the determination of a criminal charge against an accused party be undertaken ‘by an and tribunal established by law’. …

… 62 TFEU provides: ‘The provisions of 51 to 54 shall apply to the matters covered by this Chapter.’ The 6. of the 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. …’ The ECHR 7. …