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… 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. …

… 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 …