… A feature common to
Article
6 of the ECHR and
Article
47
of the Fundamental Rights
Charter
is that legal protection must be guaranteed by an
independent
and
impartial
court or tribunal established by law and also operating publicly in accordance with fair procedure.
87. …
… With regard, now, to the characteristics of
impartiality
and
independence
following from
Article
6 of the ECHR in conjunction with
Article
47
of the Fundamental Rights
Charter
, one must, it seems, proceed, according to the submissions of the parties to the present proceedings, on the basis that the Queen's Counsel featuring on the lists described provide every guarantee as to their
independence
. …
… The first and second paragraphs of
Article
47
of the
Charter
provide as follows:
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
Article
.
Everyone is entitled to a fair and public hearing within a reasonable time by an
independent
and
impartial
tribunal previously established by law. …
81. …