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… they claim is undermined on the ground that the Court is itself an EU institution, suffice it to state that it is wholly unfounded in the light of all the safeguards laid down in the Treaties, which ensure the and of the Court of Justice, and the fact that all judicial bodies necessarily form part of the State or supranational organisation to which they belong, a fact which on its own is not capable of entailing an infringement of of the …

… The review of legality provided for in Article 263 TFEU, supplemented by the unlimited jurisdiction in respect of the amount of the fine, provided for in 31 of Regulation No 1/2003, therefore meets the requirements of the principle of effective judicial protection in of the (see, to that effect, Chalkor v Commission, paragraph 67). 64 As to the objection raised by the defendants in the main proceedings that the power of review is conferred on the Court of Justice, whose …

… of the further 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. …’ 5. Article 48 states: ‘1. …

… Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union’s law.’ (3) The 3. 6 of the provides: ‘Everyone has the right to liberty and security of person.’ 4. …

… As regards the particular group of judges concerned, it must also be borne in mind that their abrupt forcing into retirement may give rise to doubts as to the , and therefore the quality, of the courts. (22) Under 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1959, and the second paragraph of of the of Fundamental Rights of the European Union, courts must be and …

… 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. Everyone shall have the possibility of being advised, defended and represented.’ 8. 48(2) of the Charter states: ‘Respect for the rights of the defence of anyone who has been charged shall be guaranteed.’ 9. …

… If the examination of the first two questions shows that 4a(1) of the Framework Decision, considered in the light of the second paragraph of and 48(2) of the , precludes the Tribunal Constitucional from retaining its case-law in the sphere of the European arrest warrant, does 53 of the offer it that opportunity? I - Legal context A - Primary legislation of the European Union 7. …

… The principle of effective judicial protection is a general principle of EU law stemming from the constitutional traditions common to the Member States, which has been enshrined in 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (ECHR), (18) and in of the of Fundamental Rights of the European Union (‘the ’). …

… Under the first and second paragraphs of this latter : ‘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.’ 62. …

… According to the explanations on of the , (19) the first paragraph of that article is based on Article 13 of the ECHR. The second paragraph of Article 47 of the Charter corresponds to the level of the guarantees afforded by Article 6(1) of the ECHR, whilst having scope beyond disputes relating to civil law rights and obligations. 63. …

… That principle was restated in of the of Fundamental Rights of the European Union, which since the entry into force of the Treaty of Lisbon has ‘the same legal value as the Treaties’, in accordance with the first subparagraph of 6(1) TEU. 87. It involves in particular everyone’s right to a fair and public hearing within a reasonable time by an and tribunal previously established by law. 88. …

… The principle of effective judicial protection is a general principle of European Union law which derives from the constitutional traditions common to the Member States and has been enshrined in 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950. (42) 86. …

… Legal context 2 of the of Fundamental Rights of the European Union reads as follows: ‘… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… . …’ 3 23 of the Charter, entitled ‘Equality between men and women’, provides: ‘Equality between men and women must be ensured in all areas, including employment, work and pay. …’ 4 Article 1e(2) of the Staff Regulations of officials of the European Union (‘the Staff Regulations’) provides: ‘Officials in active employment shall be accorded working conditions complying with appropriate health and safety standards at least equivalent to the minimum requirements applicable under measures adopted …

… It also observes that the applicant’s arguments are not sufficiently clear. 282 In this respect, it should be recalled that 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms provides that, 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. 283 As a general principle of European …

… That right has, moreover, been reaffirmed in (relating to the principle of effective judicial protection) of the of Fundamental Rights of the European Union, proclaimed on 7 December 2000 in Nice (OJ 2000 C 364, p. 1) (see Case C-385/07 P Der Grüne Punkt - Duales System Deutschland v Commission [2009] ECR I-6155, paragraphs 178 and 179 and the case-law cited). 284 Moreover, according to settled case-law, the principle of reasonable time is also applicable in the context of administrative …

… However, according to the case-law, the General Court is not bound by the Guidelines and is itself under a duty to verify whether the fine is proportionate in relation to the gravity of the unlawful conduct. 37 The appellant submits that the duty to perform a full review has been reinforced by the of Fundamental Rights of the European Union (‘the ’) and by 261 TFEU, read in conjunction with and 49 of the . …

… According to the explanations relating to the , thereof implements in European Union law the protection afforded by Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’). The appellant maintains in that regard that competition proceedings before the Commission are criminal proceedings within the meaning of the ECHR. …

… Consequently, since the Commission is an administrative body, not an ‘ and tribunal’, the General Court is required, when an action is brought before it, to carry out a full review of Commission decisions as regards both matters of fact and law, that is, it must review all the relevant circumstances of the case and decide on all matters of fact on the basis of its own independent assessment. 38 The appellant is of the view that, in this instance, the General Court did not carry …

… of the of Fundamental Rights provides, under the heading ‘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. …