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… Findings of the Court 77 It should be borne in mind, at the outset, that the second paragraph of of the provides that ‘[e]veryone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. …

… As the Court of Justice has held on several occasions, that relates to the principle of effective judicial protection (see, in particular, Case C-385/07 P Der Grüne Punkt - Duales System Deutschland v Commission [2009] ECR I-6155, paragraph 179 and the case-law cited). 78 On that basis, such a right, which was affirmed as a general principle of EU law before the Charter entered into force, is applicable in the context of proceedings brought against a Commission decision (see, in particular …

… provides that everyone whose rights and freedoms guaranteed by EU law are violated must have the right to an effective remedy before an and tribunal previously established by law. 50 provides that no one may be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law. 5. …

… Article 51(1) states that the provisions of the are addressed to the Member States only when they are implementing EU law. The Treaty on the Functioning of the European Union 6. Article 56 TFEU prohibits restrictions on the freedom to provide services within the Union in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended. 7. …

… The first paragraph of of the provides that ‘[e]veryone 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 second paragraph of of the concerns the right of everyone to an effective remedy before an and tribunal previously established by law. …

… That states that everyone is to have the possibility of being advised, defended and represented. According to Article 48(2) of the Charter, respect for the rights of the defence of anyone who has been charged is to be guaranteed. 8. …

… The rights secured by and 48 of the expressly include the right to a fair hearing by an and tribunal previously established by law, the possibility of being advised, defended and represented, a limited right to legal aid and a general provision stating that ‘respect for the rights of the defence … shall be guaranteed’. …

… 52(3) of the then expressly indicates that, ‘in so far as [the] contains rights which correspond to rights guaranteed by [the ECHR], the meaning and scope of those rights shall be the same as those laid down in [the ECHR]’. For and 48 of the , the explanatory note confirms that the point of reference within the ECHR is 6. (21) 58. …

… Thus, the review body must be one which is established by law, is and . It must ensure that the following guarantees are respected. …

… In order to ascertain whether the Commission has been objectively , it is necessary to ask whether, of its conduct, certain verifiable facts give rise to doubts as to that institution’s . 146 Ziegler maintains, second, that the contested decision is vitiated on the ground that it lacks objective impartiality and that it follows that, in rejecting that plea, the General Court disregarded its right to fair legal process, enshrined in of the and …

… Objective predates the contested decision and relates to factors which are external to the decision without necessarily having to be reflected in it. …

… 41 of the guarantees that every person has the right to have his affairs handled , fairly and within a reasonable time by the institutions, bodies and agencies of the Union. 8. of the is entitled ‘Right to an effective remedy and to a fair trial’. It provides inter alia, ‘Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …’ 9. …

… The second concerns the right to effective judicial protection as guaranteed by of the of Fundamental Rights (‘the ’) (7) and 6 and 13 of the European Convention on Human Rights (‘the ECHR’). Here, the key questions are what is a ‘reasonable time’ for the purposes of of the and what constitutes the appropriate remedy should the General Court fail to adjudicate within that time. Legislation The European Convention on Human Rights 6. …

… 6(1) ECHR provides that everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal. Article 13 thereof states that an effective remedy should be available where there is a breach of any rights guaranteed by the ECHR. …

… Under the second paragraph of that , everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. 42 According to the explanations relating to that , which, in accordance with the third subparagraph of Article 6(1) TEU and Article 52(7) of the , have to be taken into consideration for the interpretation of the Charter, the first paragraph of Article of the Charter is based on Article 13 of …

… of the (see Case C-389/10 P KME Germany and Others v Commission [2011] ECR I-13125, paragraph 119 and case-law cited). 41 The first paragraph of of the provides that everyone whose rights and freedoms guaranteed by European Union law are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in that . …

… when they bring an action for annulment of an EIB measure adversely affecting them. 40 As regards, lastly, the question whether the General Court undermined the right to an effective remedy by ruling that the consequence of exceeding the reasonable period within which the members of staff are to bring an action is that the action is time-barred, it should be recalled that the principle of effective judicial protection is a general principle of European Union law to which expression is now given by …

… Legal context The 3 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. …

… It also asks the Court to examine, if necessary, the issue of whether a Member State may refuse to execute a European arrest warrant on the basis of Article 53 of the of Fundamental Rights of the European Union (‘the ’) on grounds of infringement of the fundamental rights of the person concerned guaranteed by the national constitution. 2 The request has been made in proceedings between Mr Melloni and the Ministerio Fiscal concerning the execution of a European arrest warrant issued …

… Everyone shall have the possibility of being advised, defended and represented.’ 4 48(2) of the Charter states: ‘Respect for the rights of the defence of anyone who has been charged shall be guaranteed.’ 5 Paragraph 52(3) of the Charter states: ‘In so far as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms [signed in Rome on 4 November 1950, “the ECHR”], the meaning and scope of those rights shall …

… This right includes: (a) the right of every person to be heard, before any individual measure which would affect him or her adversely is taken; (b) the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy; (c) the obligation of the administration to give reasons for its decisions.’ 4 of the concerns the right of all persons to an effective remedy before an and …

… states that everyone is to have the possibility of being advised, defended and represented. In accordance with Article 48(2) of the , respect for the rights of the defence of anyone who has been charged is to be guaranteed. 5 Under Article 51(1) of the Charter, the provisions thereof are addressed to the Member States when they are implementing European Union (‘EU’) law. …

… Every person has the right to have his or her affairs handled , fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union. 2. …

… Legal context European Union law The 3 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. …