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… They submit that the EMA policy does provide sufficient guarantees to exclude any doubt as to the of the members of the SAG Oncology, with the result that the General Court misinterpreted and misapplied section 3.2.2 of that policy and, therefore, disregarded the right to good administration guaranteed in 41(1) of the of Fundamental Rights of the European Union (‘the ’). 42 Those Member States claim that the General Court wrongly equated, in paragraphs 61 and 65 …

… The list shall be updated.’ 8 Pursuant to 63(2) of that regulation: ‘Members of the Management Board, members of the committees, rapporteurs and experts shall not have financial or other interests in the pharmaceutical industry which could affect their . They shall undertake to act in the public interest and in an manner, and shall make an annual declaration of their financial interests. …

… The first grounds of appeal in Cases C-6/21 P and C-16/21 P, alleging infringement of section 3.2.2 of the EMA policy and of 41(1) of the - Arguments of the parties 41 By their first ground of appeal, the Federal Republic of Germany and the Republic of Estonia challenge paragraphs 58 to 65 of the judgment under appeal. …

… Katsimerou, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 2 March 2023, gives the following Judgment 1 These requests for a preliminary ruling concern the interpretation of 4, 7 and of the of Fundamental Rights of the European Union (‘the ’) and 5, 6(6) and 13 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning …

… The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in 12(1), before a competent judicial or administrative authority or a competent body composed of members who are and who enjoy safeguards of . 2. …

… Legal context European Union law 3 5 of Directive 2008/115 provides: ‘When implementing this Directive, Member States shall take due account of: (a) the best interests of the child; (b) family life; (c) the state of health of the third-country national concerned, and respect the principle of non-refoulement.’ 4 6 of that directive provides: ‘1. …

… 17 § 2, concerning the form of administrative acts, enshrines a duty to state the reasons for the measure: “Appropriate reasons shall be given for any individual decision taken, stating the legal and factual grounds on which the decision was taken, at least in cases where they affect individual rights.” The of Fundamental Rights of the European Union 53. The relevant parts of 41 of the read as follows: “1. …

… It should be noted that, in accordance with the general obligations provided for under 49 (2) of this Convention, the issuing of such orders must not be prejudicial to the rights of the defence and the requirements of a fair and trial, in conformity with 6 ECHR. This means notably that the person against whom such an order has been issued should have the right to appeal it before the competent authorities and according to the appropriate internal procedures.” …

… It should be noted that, in accordance with the general obligations provided for under 49 (2) of this Convention, the issuing of such orders must not be prejudicial to the rights of the defence and the requirements of a fair and trial, in conformity with 6 ECHR. This means notably that the person against whom such an order has been issued should have the right to appeal it before the competent authorities and according to the appropriate internal procedures.” …

… and . 31. …

… In the Government’s view, the same considerations applied to the decisions issued by the Constitutional Court in respect of the second, fifth and sixth applicants (see paragraph 18 above). . …

… They complained, in particular, that the reasoning of the domestic courts’ decisions had been insufficient ( 6 § 1 of the Convention), that their legitimate expectation of receiving a full salary during the period in question had not been met ( 1 of Protocol No. 1) and that they had been discriminated against compared to other public servants and other individuals ( 14 taken in conjunction with 1 of Protocol No. 1). THE FACTS 2. …

… 48(1) of the . …

… 8.3.2 of the Staff Rules and the principle of legal certainty, the third alleging violation of the adage ‘disciplinary proceedings arising out of a criminal offence must await the outcome of the criminal trial’, the principle of sound administration and the duty to have regard for the welfare of officials, the fourth alleging infringement of 8.3.7 of the Staff Rules and the principle of enshrined in 41 of the of Fundamental Rights of the European Union (‘the …

… of the Staff Rules and of the principle of , and the fifth alleging failure to comply with the obligation of judicial review. …

… Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned: … have access to a review procedure before a court of law or another and body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to the public participation provisions of this Directive. 2. …

… Directive 2011/92 4 4 of Directive 2011/92 provides, in paragraphs 2 to 5 thereof: ‘2. Subject to 2(4), for projects listed in Annex II, Member States shall determine whether the project shall be made subject to an assessment in accordance with 5 to 10. Member States shall make that determination through: (a) a case-by-case examination; or (b) thresholds or criteria set by the Member State. …

… (2) If the answer to the first question is “Yes”, [does ] 4(2), (3), (4) and/or (5) [of] and/or Annex III [to] … Directive 2011/92 and/or the directive read in the light of the principle of legal certainty and good administration under [Article] 41 of the of Fundamental Rights of the European Union have the consequence that, where a competent authority decides not to subject a proposal for development consent to the process of environmental impact assessment, there should be an express …

… 19(1) TEU and of the , and, in particular, those relating to access to an and tribunal previously established by law (see, by way of example, judgments in A. …

… as to their and their . …

… 19(1) TEU, read in conjunction with of the , and of the principle of the primacy of EU law, and the jurisdiction of the Court to rule on that action. …

… Bulgaria (application no. 53321/99), where the Court found, in a factually related case, a violation of all the rights relied on in that application ( 6 § 1 of the Convention, 13 of the Convention and 1 of Protocol No. 1 to the Convention).” Relevant legal framework of Fundamental Rights and Freedoms OF THE CZECH REPUBLIC 56. 36 of the reads as follows: 36 “1. …

… In the plaintiff’s view, this resulted in a violation of its constitutionally guaranteed rights and freedoms ... enshrined in 11 of the of Fundamental Rights and Freedoms (the ‘’), which protects the right of both natural and legal persons to own property, and 36 of the , which guarantees the right to a fair trial and the judicial protection of rights. ... …

… The states that the conditions and detailed provisions in respect of the State’s liability for damage so caused shall be set out by law ( 36 §§ 3 and 4 of the of Fundamental Rights and Freedoms), which ... is ... the [State Liability Act]. …

… The Chamber, by a majority, declared admissible the complaint that the disciplinary court had not satisfied the requirements of an and tribunal under 6 § 1 of the Convention and held, by four votes to three, that there had been a violation of this provision. …

… This interfered with the complainant’s right to a fair trial and violated 36 § 1 of the [of Fundamental Human Rights and Freedoms of the Czech Republic], 6 § 1 of the Convention and 2 of the Protocol [No. 7 to the Convention]. ... The complainant is aware of the provisions of 2 § 2 of Protocol [No. 7], which lay down exceptions to the right to review in the cases defined therein. …

… As regards the substantive characteristics, the Constitutional Court refers to the existence of systemic guarantees of and , which also apply to the disciplinary chamber of the Supreme Administrative Court in the same way as to a court composed of judges only, and this is reflected in the wording of sections 5 and 6 of the impugned Act in particular. …

… 41 and of the ) Table of contents I. …

… Maltese law and 27(1) of Regulation (EU) No 468/2014 must thus be interpreted in the light of 41, and 48 of the (38) as meaning that the legal adviser appointed by the bank must be able to defend the latter’s rights and interests in the authorisation withdrawal proceedings and before the EU courts. …

… By contrast, in the first plea in law, the appellant only submitted a very general complaint about infringement of 41 of the . As the ECB rightly states, the appellant also did not complain in the first plea in law that it had not been properly notified of the ECB decision at issue. () 101. …