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… in Associação Sindical dos Juízes Portugueses, (50) the Court expressly linked the ‘’ criterion in 19 TEU, of the and 267 TFEU. …

… (assessing the development of the concept of ‘’ under 267 TFEU and the spill-over effects from the case-law on 19(1) TEU and of the ). 52 See, for example, Reyns, C., ‘Saving judicial : a threat to the preliminary ruling mechanism?’ …

… Advocate General Szpunar has suggested that the ‘scope of Union law’ referred to in 16(2) TFEU should go beyond the cases of ‘implementing Union law’ within the meaning of 51(1) of the . (82) I agree. It is precisely because the is not meant to increase the scope of the Union’s competences that an express competence to regulate privacy and data protection was included in the text of the Treaty. …

… He adds that, in any event, the evidence is unreliable, contradictory and not credible. 31 The Council disputes the merits of this plea. 32 According to settled case-law, the right to effective judicial protection, affirmed in (3) of the of Fundamental Rights of the European Union (‘the ’), requires that the person concerned must be able to ascertain the reasons upon which the decision taken in relation to him or her is based, either by reading the decision itself or by requesting …

… of the requires, inter alia, that the Courts of the European Union are to 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. …

… Background to the dispute 2 The applicant is a businessperson of Russian nationality. 3 On 17 March 2014, the Council of the European Union adopted, on the basis of 29 TEU, Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and of Ukraine (OJ 2014 L 78, p. 16). 4 On the same date, the Council adopted, on the basis of 215(2) TFEU, Regulation (EU) No 269/2014 concerning restrictive …

… (2) Can the principle of judicial , enshrined in the second subparagraph of 19(1) TEU and of [the ], as well as in the case-law of [the Court of Justice], with reference to 2 TEU, be interpreted as also applying to procedures for the promotion of judges in office? …

… 19(1) TEU, read in conjunction with 2 TEU and of the , must be interpreted as meaning that a piece of national legislation relating to the scheme for the promotion of judges is required to ensure compliance with the principle of the of judges. …

… to ensure the effective judicial protection thus required under the second subparagraph of 19(1) TEU, maintaining its and is essential, as is confirmed by the second paragraph of of the , which refers to access to an ‘’ tribunal as one of the requirements linked to the fundamental right to an effective remedy (judgment of 29 March 2022, Getin Noble Bank, C-132/20, EU:C:2022:235, paragraph 93 and the case-law cited). 62 As the Court has …

… and 62 - Guidelines on the re-examination procedure - of the experts - 41 of the of Fundamental Rights of the European Union - Right to good administration - Requirement of objective - Criteria for verifying the absence of conflicts of interest - Consultancy activities for another pharmaceutical company) I. …

… Article 11(2) of the CHMP Rules of Procedure states in that regard that ‘the applicant may request that the Committee consult a [SAG] (if and when established) in connection with the re-examination’ and that ‘in this case, the Committee shall request the advice of additional available expertise’. . …

… OPINION OF ADVOCATE GENERAL MEDINA delivered on 7 September 2023 (1) Case C-291/22 P Debregeas et associés Pharma (D & A Pharma) v European Commission, European Medicines Agency (EMA) (Appeal - Medicinal products for human use - Application for marketing authorisation - Procedure before the European Medicines Agency (EMA) - Committee for Medicinal Products for Human Use (CHMP) - Consultation of a Scientific Advisory Group (SAG) or an ad hoc expert group - Regulation (EC) No 726/2004 - 56 …

… According to the order for reference, even though Czech legislation treats the ÚOHS as a ‘review body’ for the purposes of Directive 89/665, it cannot be classified as an and tribunal within the meaning of of the and paragraph 73 of the judgment of 21 December 2021, Randstad Italia. (6) 32. …

… A court in the Czech Republic has asked the Court of Justice whether national rules on review in the area of public procurement are compatible with Directive 89/665/EEC (2) and of the of Fundamental Rights of the European Union (‘the ’). 2. …

… On 28 March 2022, the Krajský soud v Brně (Brno Regional Court) heard the parties to the proceedings on the question of whether a reference for a preliminary ruling should be made, in the light of the concerns as to the compatibility of the national rules with Directive 89/665 and of the . 27. …

… The fourth plea, alleging infringement of the rights of the defence 27 By his fourth plea, which relates to the maintaining acts only, the applicant submits that the Council infringed his right to sound administration, his right to an effective remedy and his rights of defence, as enshrined in 41, and 48, respectively, of the of Fundamental Rights of the European Union (‘the ’), on the ground, first of all, that he has not been given serious and credible evidence or concrete …

… ) and, on 15 October 2012, on the basis of 29 TEU, Decision 2012/642/CFSP concerning restrictive measures against Belarus (OJ 2012 L 285, p. 1). 5 The criterion applied in order to adopt the restrictive measures against the applicant (‘the general criterion at issue’) is laid down, first, in 3(1)(b) and, second, in 4(1)(b) of Decision 2012/642, as well as in 2(5) of Regulation No 765/2006, in the versions thereof in force at the time when the contested acts were adopted …

… Next, the detailed submissions set out in his application, his reply and the letters of 30 November 2021 and 11 February 2022, were not, in the applicant’s view, the subject of any careful or examination on the part of the Council. …

… This was an important omission, given that the Cossacks performed their duties in maintaining public order jointly with the police, who were responsible for their training and supervision (see paragraphs 7, 46- and 50-53 above). Furthermore, the fact that the inquiry was conducted by a local unit of the police raises a question about its compliance with the requirement of , given the Cossacks’ connection with the police. 78. …

… The Court took into account the Government’s failure to inform it of whether any assessment of the police reservist’s fitness for being recruited and equipped with a weapon had been made by the national authorities (ibid., §§ -54). …

… Approvals of duties to carry out service were recorded in the of the Cossack association. Employment contracts for carrying out service were concluded between the Cossack association and its members. 45. …

… Those arguments, presented , overlap in large measure with those put forward by the applicant in support of the first part of the third plea and will be examined in that context. 46 Second, the parties disagree on the scope of the rounding rules resulting from the first subparagraph of 72(1) of Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87 and amending Commission …

… with 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2021 L 68, p. 221; ‘the contested decision’). …

… The taking into account of the rounded data reported during the procedure leading to the adoption of the contested decision In 2018, as the email that the Environmental Protection Agency sent to the Commission on 4 February 2021 (see paragraph 17 above) mentions, the applicant submits that it emitted 0.37 tonnes of fossil carbon dioxide. …

… In the event of an affirmative answer by the Court to one or both of the aspects of the first question, the referring court asks the second question, namely whether Article 9(3) of the Aarhus Convention, read in the light of the right to effective judicial protection pursuant to Article of the of the Fundamental Rights of the European Union (‘the Charter’), must be interpreted as precluding a provision of national law that makes access to justice for a law firm partnership conditional …

… Each Party shall, within the framework of its national legislation, ensure that members of the public concerned: (a) having a sufficient interest or, alternatively, (b) maintaining impairment of a right, where the administrative procedural law of a Party requires this as a precondition, have access to a review procedure before a court of law and/or another and body established by law, to challenge the substantive and procedural legality of any decision, act or omission subject …

… to the provisions of 6 and, where so provided for under national law and without prejudice to paragraph 3 below, of other relevant provisions of this Convention. …

… 41 of the , the administration must carefully and examine all the relevant aspects of the individual case. …

… Accountability, due process and criminal justice in European anti-fraud policy,” Common Market Law Review vol. , 2010, p. 605 to 643. …

… The fact that there is a possible ‘discrepancy’ between the information forwarded by OLAF to the national authorities and the findings of the national courts cannot constitute an infringement of the right to good administration, since the national authorities, who are in no way bound by OLAF’s findings, conduct an and examination of the facts and legal issues. 53. …