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… See also judgment of 25 July 2018, Minister for Justice and Equality (Deficiencies in the system of justice) (C-216/18 PPU, EU:C:2018:586, paragraphs 62 to 67), in which the Court relied, in particular, on the judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses (C-64/16, EU:C:2018:117), in order to set out the content of of the which guarantees a right to an and tribunal. 44 See the judgment in Generalstaatsanwaltschaft (paragraph 90). …

… effective remedy enshrined in of the . …

… 8.27.12 to 15, and 8.28.7(d) of the CETA, with the right of access to ‘an and tribunal previously established by law’, enshrined in the second paragraph of of the . …

… 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 . 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 …

… the of those bodies is essential, as confirmed by the second paragraph of of the , which refers to access to an “independent” tribunal as one of the requirements linked to the fundamental right to an effective remedy (judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses, C-64/16, EU:C:2018:117, paragraph 41).’ (54) 87. …

… The same judgment contains some clear statements about the of the authorities involved in issuing and receiving EAWs: - ‘The high level of trust between Member States on which the [EAW] mechanism is based is … founded on the premiss that the criminal courts of the other Member States … meet the requirements of effective judicial protection, which include, in particular, the and of those courts.’ (53) - ‘In order for that protection to be ensured, maintaining …

… The Court was particularly unequivocal in holding, in the judgment of 25 July 2018, Minister for Justice and Equality (Deficiencies in the system of justice), that ‘not only the decision on executing a European arrest warrant, but also the decision on issuing such a warrant, must be taken by a judicial authority that meets the requirements inherent in effective judicial protection - including the guarantee of ’. (52) 86. …

… of the of Fundamental Rights of the European Union provides, in so far as relevant: 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. …

… The Commission further stressed at the hearing that, under the Court’s case-law, (7) the contested measures fall within the scope of the second subparagraph of 19(1) TEU, and of the is relevant in so far as that imports the requirements of and into the second subparagraph of Article 19(1) TEU. …

… The Commission underlined at the hearing that although the provisions of the Law on the Supreme Court challenged in these proceedings were modified by the Law of 21 November 2018, it is not certain whether that law eliminates the alleged violations of EU law, and in any event, there remains an interest in deciding this case in view of the importance of judicial in the Union legal order. 26. …

… The 13. 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’. 14. 48(2) of the Charter states that ‘respect for the rights of the defence of anyone who has been charged shall be guaranteed’. 2. Directive 2012/29 15. …

… As is apparent from the first sentence of the second paragraph of of the of Fundamental Rights of the European Union, one of the requirements concerning the composition of the Chamber is that courts must be , and previously established by law. 68. …

… Accordingly, having regard to the importance of compliance with the rules governing the appointment of a judge for the confidence of litigants and the public in the and of the courts, the judge at issue cannot be regarded as a lawful judge within the meaning of the first sentence of the second paragraph of of the of Fundamental Rights. 79. …

… of Fundamental Rights of the European Union to the exercise, by the European Union, of its competence to conclude an international agreement - 20 and 21 of the - Principle of equal treatment - of the - Right of access to an and tribunal) Table of contents I. …

… Moreover, in its judgment of 14 June 2017, Online Games and Others (C-685/15, EU:C:2017:452), the Court held that, ‘as regards the right to an and tribunal set out in the second paragraph of of the , the concept of “”, which is inherent in the court’s task, has two aspects. …

… Second, the Kingdom of Belgium questions the compatibility of the conditions governing the remuneration of the Members of the Tribunals envisaged, as provided for in 8.27.12 to 8.27.15 and in 8.28.7(d) of the CETA, with the right of access to ‘an and tribunal previously established by law’, which is laid down in the second paragraph of of the . 225. …

… 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. …’ 6 The Explanations relating to the of Fundamental Rights (OJ 2007 C 303, p. 17) state that the first paragraph of thereof is based on Article 13 of the ECHR. …

… European Union law The 5 Title VI of the of Fundamental Rights of the European Union (‘the ’), headed ‘Justice’, includes , entitled ‘Right to an effective remedy and to a fair trial’, which states: ‘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 . …

… The appeal thus infringes of the , which guarantees the right to bring a case before an and court. 22 Thus, Kendrion takes the view that the appellant should have refrained from lodging an appeal against the judgment under appeal. 23 Moreover, and, in any event, since (i) in order to be consistent with the requirements of a proper administration of justice, the decision to lodge this appeal and the choice and wording of the grounds of appeal should have been …

… Legal context European Union law The 3 The first and second paragraphs of 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. Everyone shall have the possibility of being advised, defended and represented.’ 4 Article 48(2) of the Charter provides: ‘Respect for the rights of the defence of anyone who has been charged shall be guaranteed.’ …