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… It is self-evident that justice and the rule of law begin with an judiciary. The right to be tried before an and tribunal is an integral component of the right to a fair trial enshrined in 19 of the Statute and embodied in numerous human rights instruments. The United Nations Human Rights Committee has stated that the right to an and tribunal ‘is an absolute right that may suffer no exception’. …

… The case file was thus sent to the Ankara 17th Assize Court for review. . …

… Such an order is binding on Turkey pursuant to Resolution 1966 adopted by the United Nations Security Council under Chapter VII of the United Nations on 22 December 2010. 9 of Security Council Resolution 1966 requires that all States comply with orders issued by the Mechanism. ...” 40. …

… Resolution 95 (I) of the UN General Assembly on the Affirmation of the Principles of International Law recognised by the of the Nuremberg Tribunal (1946) reads as follows: “The General Assembly, Recognize the obligation laid upon it by 13, paragraph 1, sub‑paragraph (a), of the , to initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification; Takes note of the Agreement for the establishment …

… of an International Military Tribunal for the prosecution and punishment of the major war criminals of the European Axis signed in London on 8 August 1945, and of the annexed thereto, and of the fact that similar principles have been adopted in the of the International Military Tribunal for the trial of the major war criminals in the Far East, proclaimed at Tokyo on 19 January 1946; Therefore, Affirms the principles of international law recognized by the of the Nuremberg Tribunal …

… 8 of the Convention is therefore applicable in the present case. (ii) Applicability of Article 14 120. Article 14 of the Convention has no existence, and only applies if the facts at issue fall within the ambit of one or more of the substantive provisions of the Convention or its Protocols (see, among many other authorities, Konstantin Markin v. Russia [GC], no. 30078/06, § 124, ECHR 2012 (extracts)). …

… As the Court has consistently stated, including in Simpson (a case which concerned an error in the appointment process in respect of a judge of the then European Union Civil Service Tribunal), it follows from the fundamental right to an and tribunal previously established by law, enshrined under of the , that ‘every court is obliged to check whether, as composed, it constitutes such a tribunal where a serious doubt arises on that point. …

… The Court has consistently stated that 19 TEU gives concrete expression to the core value of the rule of law under 2 TEU, (23) entrusting the responsibility for ensuring judicial review in the EU legal order to the Court of Justice of the European Union and the national courts. (24) The right to effective judicial review by an tribunal - which is now enshrined in of the - has been referred to by the Court as forming part of ‘the essence of the rule of …

… 19(2) TEU - 254 TFEU - Requirement that the candidate’s be beyond doubt - Judicial - Group of experts - Selection criteria - Ranked list of the candidates) I. …

… Van Nuffel, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 23 November 2023, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of 2, 6(1) and (3) and the second subparagraph of 19(1) TEU, read in conjunction with of the of Fundamental Rights of the European Union (‘the ’), and the principle of the primacy of EU law. 2 The request has been made in criminal proceedings …

… adoption of the ZIDZSV, it was common ground that the Spetsializiran nakazatelen sad (Specialised Criminal Court) met the requirements of the second subparagraph of 19(1) TEU, the third paragraph of 267 TFEU and the second paragraph of of the . 20 Moreover, according to the referring court, the grounds put forward by the Bulgarian legislature to reach the conclusion that the specialised criminal courts were not and did not protect the constitutional …

… 2, 6(1) and (3) and the second subparagraph of 19(1) TEU, read in conjunction with of the , must be interpreted as precluding the members of a court abolished by a Member State in order to uphold the constitutional principle of the of the judiciary and the protection of the constitutional rights of citizens from being able to hear, as members of the court which has succeeded the court abolished in this way, some of the cases which have been brought …

… In EU law, 8(1) of Directive (EU) 2016/343 (4) lays down the procedural right of suspects and accused persons to be present at the trial, which is an essential element of the fundamental right to a fair trial enshrined in and 48 of the of Fundamental Rights of the European Union (‘the ’). …

… As is apparent from recital 33 of that directive, the right of suspects or of accused persons to be present at their trial is based on the right to a fair trial, enshrined in 6 ECHR, which corresponds, as stated in the explanations relating to the , to the second and third paragraphs of of the as well as 48 thereof. …

… Member States must therefore ensure that the right of a suspect or accused person to be present at the trial enshrined in 8(1) of Directive 2016/343 is guaranteed in such a way that it can be exercised in a manner which complies with the requirements of a fair trial, in accordance with the second and third paragraphs of of the and 48 thereof. …

… of the of Fundamental Rights of the European Union. 36. …

… Following Slovenia’s , the Institutes Act, which covers, inter alia, public institutions entrusted with services of general economic interest, was adopted in 1991. 48 of that law provides: ‘The Institute shall acquire the resources for its work from the funds of the founder, the sale of goods and services, and from other sources laid down in this Act’. 15. The following year, the Pharmacies Act was also adopted. …

… By the decision at issue, the Commission closed the examination of that complaint without initiating the in-depth investigation procedure provided for in 108(2) TFEU. …

… of the must, on any view, be rejected. 120 The fifth plea in law must therefore be rejected. …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… The applicants’ inability to access their file prevented them from examining data enabling them to establish their standing to bring proceedings adequately and to prepare for the court proceedings under the best possible conditions, with the result that their right to an effective remedy and to an tribunal, guaranteed by of the , was infringed. 96 In the reply, the applicants assert that the contested provision is in fact an individual measure. …

… The Government went on to contest the credibility of the valuation report presented by the applicant, on the basis that (a) it had been drawn up by an expert privately retained and remunerated by her, which raised doubts about his and ; that (b) the company where the expert worked had only been officially certified in April 2023, which meant that it did not have a lot of experience; that (c) the expert had not actually inspected the flat; and that (d) the flats chosen by …

… In Kušionová (C-34/13, EU:C:2014:2189, §§ 45-68), the CJEU held that the possibility for a consumer to obtain without excessive difficulty an interim measure preventing the sale of her home to enforce a loan allegedly tainted by an unfair term sufficiently protected her rights under EU consumer‑protection law, as well as that consumer’s right to respect for her home under 7 of the EU of Fundamental Rights. 103. …

… ALLEGED VIOLATION OF 8 OF THE CONVENTION Admissibility of the complaint 1. Compatibility ratione materiae (a) The parties’ submissions (i) The Government (ii) The applicant (b) The Court’s assessment 2. Exhaustion of domestic remedies III. ALLEGED VIOLATIONS OF 6 § 1 AND 13 OF THE CONVENTION IV. APPLICATION OF 41 OF THE CONVENTION A. Pecuniary damage 1. The applicant’s claim and the Government’s comments on it 2. The Court’s assessment B. Non-pecuniary damage 1. …

… They are appointed as holders of a public office to authenticate legal acts and to perform other tasks in the field of the preventive administration of justice. In the exercise of their functions, notaries cannot represent any specific party, but rather must exercise an and role as regards all parties involved. 13. …

… persons established in Russia - Exemption - Services which are strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State - Authentication and execution by a notary of a contract of sale of immovable property - Interpreter assisting the notary - 17(1) of the ) I. …

… 1(12) of Regulation 2022/1904 provides: ‘ 5n is replaced by the following: “ 5n … 2. It shall be prohibited to provide, directly or indirectly … legal advisory services … to: … (b) legal persons, entities or bodies established in Russia. … 6. …

… Such decisions must contain an appropriate statement of reasons and be open to challenge in accordance with a procedure that fully safeguards the rights enshrined in and 48 of the , in particular the rights of the defence. …

… Nothing in the requests for a preliminary ruling shows that any person relies on the right to an effective remedy enshrined in of the or that any person invoking that right relies on a right or a freedom that EU law guarantees. (28) 25. …

… N-B. of the cases giving rise to the present requests for a preliminary ruling breached the second subparagraph of 19(1) TEU and of the . In the event those provisions had been breached, the referring court asks whether it should disregard the College resolution, with the result that Judge A. …