… Nor is it of any consequence that the Council’s review process satisfies the requirements of
Article
47
of the
Charter
, as the Council is not an
impartial
and
independent
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. …