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… Principles 189 In its request for an opinion, the Kingdom of Belgium makes reference to the right, laid down in the second paragraph of of the , to a remedy before an ‘ and tribunal previously established by law’, and to ‘effective access to justice’ laid down in the third paragraph of Article 47. 190 In that regard, it is a consequence of Article 47, which is binding on the Union in accordance with the case-law cited in paragraphs 165 and 167 of the present …

… of the - Right of access to an and tribunal) Table of contents I. …

… It is on the basis of these considerations that I will set out, in the following points, the procedural safeguards which make it possible, in my view, in relation to each of the aspects highlighted by the Kingdom of Belgium, to ensure a sufficient level of protection of the right of access to an and tribunal, a right enshrined in of the . 2. Access to the CETA Tribunal for small and medium-sized enterprises 252. …

… For all the foregoing reasons, and taking due account of the general considerations which I have set out, I take the view that the provisions contained in Section F of Chapter 8 of the CETA do not infringe the right of access to an and tribunal, a right enshrined in of the , since they guarantee a level of protection of that right which is appropriate to the specific characteristics of the investor-State dispute resolution mechanism provided for in that section …

… 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. …