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… In the absence of specific guidance in Directive 2016/343 and in the case-law concerning 48(1) of the as to how to determine whether a person is presented as being guilty in a judicial decision, we should turn primarily to the case-law of the ECtHR. (11) (i) The case-law of the ECtHR . …

… The request for a preliminary ruling, made in the context of criminal proceedings against AC for slander, relates more specifically to the interpretation of 4 and 6(1) of Directive (EU) 2016/343 (4) and 48 of the of Fundamental Rights of the European Union (‘the ’). II. Legal context A. European Union law 4. …

… It seems to me that such a measure is based less on 4(2) of Directive 2016/343 concerning appropriate measures than on the primacy of the presumption of innocence under 48(1) of the and 3 of that directive. 102. …

… . …’ 5 of the , entitled ‘Right to an effective remedy and to a fair trial’, 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 . …

… Tomassi, acting as Agents, having decided, after hearing the Advocate General, to proceed to judgment without an Opinion, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of 41 and of the of Fundamental Rights of the European Union (‘the ’) and 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (ECHR). 2 The request has been made in proceedings between …

… to postpone that time limit on account of circumstances which lead to an extension of the subject matter of those proceedings or of the number of undertakings concerned - General principle of the right to good administration - of the of Fundamental Rights of the European Union - Principle of effective judicial protection - Rights of defence of undertakings - Principle of effectiveness) In Case C-588/24, REQUEST for a preliminary ruling under 267 TFEU from the Consiglio …

… proceedings, which were of a quasi-disciplinary nature; 3) a breach of 178 § 1 of the Constitution, of the of Fundamental Rights of the European Union and 6 § 1 of the Convention in that the decision on his transfer had infringed his judicial and breached the prohibition on the arbitrary transfer of a judge from one division to another. 19. …

… Turkey, CE:ECHR:2021:0309JUD000157107, §§ 63 and 96). 117 In the light of the foregoing, it must be held that the requirement of judicial arising from second subparagraph of 19(1) [of the Treaty on European Union], read in the light of of the , requires that the rules applicable to transfer without the consent of such judges present, like the rules governing disciplinary matters, in particular the necessary guarantees to prevent any risk of that …

… , or certain of them, have in fact been established, it remains, in any event, in order to ensure the possibility of an effective judicial remedy in respect of a decision to transfer a judge without consent, such as that at issue in the main proceedings, necessary for an and tribunal established by law to be able, in accordance with a procedure that fully safeguards the rights enshrined in and 48 of the , to review the validity of that decision and that of …

… The second plea in law, alleging breach of the obligation to state reasons 35 The applicant claims that the statement of reasons given by the Council as the basis for including and maintaining his name on the lists at issue does not satisfy its obligation under the second paragraph of 296 TFEU and 41 of the of Fundamental Rights of the European Union (‘the ’). …

… Preliminary points 170 It should be recalled that the effectiveness of the judicial review guaranteed by of the requires, in particular, that the Courts of the European Union ensure that the decision by which restrictive measures were adopted or maintained, which affects the person or entity concerned individually, is taken on a sufficiently solid factual basis. …

… In essence, the applicant submits that the inclusion of a person’s name on the lists at issue on the sole ground of his or her family membership is of any personal conduct and therefore precludes any possibility of removal from those lists. …

… 32 § 1 (7) of Decree no. 600/1973, concerning the assessment of income taxes, reproduces the provision set out in 51 § 2 (7) of Decree no. 633/1972 in relation to the assessment of value-added tax (VAT) (see paragraph 7 above). 10. 43 reiterates the same time-limits for issuing a tax assessment notice as those set out in 57 of Decree no. 633/1972 (see paragraph 8 above). …

… Article of the of Fundamental Rights of the European Union, read in conjunction with Articles 7 and 8 and Article 52(1) thereof, must be interpreted as: – precluding legislation of a Member State implementing the procedure for the exchange of information on request established by Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC, as amended by Council Directive 2014/107/EU of 9 December 2014, which …

… (i) any other act which the law expressly states can be challenged . ... 2. Acts other than those expressly provided for cannot be challenged . Any act that can be challenged may be challenged solely on the basis of its own irregularities ...” Law no. 212 of 27 July 2000 (the Act on Taxpayers’ Rights) 12. The relevant provisions of Law no. 212/2000 read as follows: Section 13: Taxpayer’s Guarantor “1. …

… In particular, it maintains that the Opinion delivered by the Advocate General did not correctly define the respective scopes of 13 and 14 of the GDPR. 21 In that regard, it should be noted that, under the second paragraph of 252 TFEU, it is the duty of the Advocate General, acting with complete and , to make, in open court, reasoned submissions on cases which, in accordance with the Statute of the Court of Justice of the European Union, require his or her …

… 46 or , or the second subparagraph of 49(1), reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available. 2. …

… 6(1), the legitimate interests pursued by the controller or by a third party; (e) the recipients or categories of recipients of the personal data, if any; (f) where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the [European] Commission, or in the case of transfers referred to in 46 or , or the second subparagraph of 49(1), reference to the appropriate …

… Such judicial protection is also enshrined in 6 and 13 ECHR, the substance of which corresponds to of the . …

… to give the definitive and binding interpretation of EU law, it is for the Court to specify the requirements arising from the second subparagraph of 19(1) TEU, read in conjunction with of the , as regards the criteria of , and the previous establishment by law of courts. …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. … …’ 14 52(1) and (3) of the provides: ‘1. Any limitation on the exercise of the rights and freedoms recognised by this must be provided for by law and respect the essence of those rights and freedoms. …

… Thus, of the was deployed to define the substantive content of the obligation arising from the second subparagraph of 19(1) TEU in three respects. …

… In the judgment in Associação Sindical dos Juízes Portugueses, (38) the Court stated that the principle of the effective judicial protection of individuals’ rights under EU law, referred to in the second subparagraph of 19(1) TEU, is a general principle of EU law which is reaffirmed by of the . …

… [(3)] Must EU law, and in particular 45, 49, 56, 101 and 102 TFEU and of the [], be interpreted as precluding a national provision, such as 2 of [Law No 280/2003], from allowing sports bodies to impose a disciplinary sanction on a manger of a sports club operating at international level which prohibits him or her from undertaking professional activities for 24 months at national and supranational level?’ 40. …

… 41(2)(a) of the of Fundamental Rights of the European Union (‘the ’), which is inherent in respect for the rights of the defence, guarantees every person the opportunity to make known his or her views effectively during an administrative procedure and before the adoption of a decision in relation to that person that is liable to affect his or her interests adversely (judgments of 27 July 2022, RT France v Council, T-125/22, EU:T:2022:483, paragraph 75, and of 15 November 2023, OT …

… into the territory of the Member States - Maintenance of the applicant’s name on the list - Right to effective judicial protection - 2(1)(g) of Decision 2014/145/CFSP - 3(1)(g) of Regulation (EU) No 269/2014 - Plea of illegality - Error of assessment - Fundamental rights - Proportionality) In Case T-1114/23, Andrey Melnichenko, residing in St. …

… Zwozdziak-Carbonne, Administrator, having regard to the written part of the procedure, further to the hearing on 2 July 2025, gives the following Judgment 1 By his action under 263 TFEU, the applicant, Mr Andrey Melnichenko, seeks annulment of Council Decision (CFSP) 2023/1767 of 13 September 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and of Ukraine (OJ 2023 L 226 …

… Judges and prosecutors thus have an obligation to exercise caution and in expressing their opinions, respecting the right of citizens to an , politically neutral, and upright justice system. 69. …

… This duty is in practice a product of the profession’s general ethical principles (, and integrity) and entails moderation and restraint in one’s professional, social and private life. …

… Noting that several media outlets had published the applicant’s messages, the Disciplinary Board pointed out that judges had a duty not to impair the dignity of their office or the and of the justice system, and a duty of discretion, both of which the applicant had breached. …