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… That conclusion cannot be called into question in the light of and 48(2) of the . …

… Of relevance to the present case are 82(2) TFEU, 3 and 4 and 8(2) of Directive 2012/13/EU, (4) and and 48(2) of the of Fundamental Rights of the European Union (‘the ’). French law 4. …

… 52(1) of the , on the right to an effective remedy and to a fair trial or on the rights of the defence, guaranteed, respectively, by and 48(2) of the . (48) 67. …

… That principle has been enshrined in 41(1) of the of Fundamental Rights of the European Union (‘the ’), which states that every person has the right to have his or her affairs handled , fairly and within a reasonable time by the institutions, bodies and agencies of the European Union. 191 The reasonableness of such a period must be appraised in the light of the circumstances specific to each case and, in particular, the importance of the case for the person concerned …

… Unlimited jurisdiction does not therefore require the General Court to undertake of its own motion a new and comprehensive investigation of the case, of the claims put forward by the applicant (judgment of 26 January 2017, Duravit and Others v Commission, C-609/13 P, EU:C:2017:46, paragraphs 33 and 36). 267 However, in order to fulfil the requirements of Article of the Charter when conducting a review in the exercise of its unlimited jurisdiction with regard to the fine, the EU judicature …

… Those rights are referred to in Article 41(2)(a) and (b) of the (see judgment of 25 October 2011, Solvay v Commission, C-110/10 P, EU:C:2011:687, paragraph 48 and the case-law cited). …

… UN Expert on sexual orientation and gender identity 122. …

… European Union EU of Fundamental Rights 110. The relevant provisions of the EU of Fundamental Rights read as follows: 11 Freedom of expression and information “1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers ...” 21 Non-discrimination “1. …

… EU of Fundamental Rights 2. Infringement procedure before the Court of Justice of the European Union 3. Resolutions of the European Parliament 4. Surveys by the EU Fundamental Rights Agency and the Eurobarometer C. United Nations 1. International Covenant on Civil and Political Rights (ICCPR) 2. Convention on the Rights of the Child 3. UN Human Rights Committee 4. UN Expert on sexual orientation and gender identity III. COMPARATIVE LAW AND PRACTICE A. …

… In accordance with 11(1), Member States must ensure, subject to certain conditions, that there is 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 that directive. …

… (2) If the answer to the first question is “Yes”, whether 4(2), (3), (4) and/or (5) and/or Annex III [to] the EIA Directive … and/or the directive read in the light of the principle of legal certainty and good administration under 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, …

… discrete and/or specific statement as to what documents exactly set out the reasons of the competent authority. (3) If the answer to the first question is “Yes”, whether 4(2), (3), (4) and/or (5) and/or Annex III [to] the EIA Directive … and/or the directive read in the light of the principle of legal certainty and good administration under 41 of the of Fundamental Rights of the European Union have the consequence that, where a competent authority decides not to subject a …

… Within this context it should be noted that the provision of 50 § 1 of the Constitution that trade unions shall be freely established and shall function means, inter alia, that trade unions are of State authority and other State institutions, of employers and their organisations, and of other organisations. …

… ( 129). 98. …

… The Supreme Court stated that the purpose of 21 § 1 of the Law on Trade Unions (see paragraph 115 above) was to ensure that trade union members were of their employer and to avoid any possible abuse by the employer of its right to dismiss employees, thereby getting rid of “inconvenient” trade union leaders. …

… That same test should have been applied in order to examine whether the presumption of innocence and the right to good administration, enshrined in 41(1), (1) and 48 of the of Fundamental Rights of the European Union (‘the ’), had been observed. 59 Moreover, the right of an undertaking to have its affairs handled requires the Commission to examine carefully and all the elements of the individual case. …

… 48 of the , read in the light of 6(2) and (3) of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), which it is necessary to take into account, under 52(3) of the , for the purposes of interpreting 48 of the , the principle of the presumption of innocence will be infringed if a judicial decision or a statement by a public official concerning a person charged with a criminal …

… 252 TFEU that it is the duty of the Advocate General, acting with complete and , to make, in open court, reasoned submissions on cases which require his or her involvement. …

… The General Court ruled on the first part of the first plea in law, alleging a lack of objective on the part of two members of the SAG (12) in the light of the provisions of the EMA policy or of the more general principle of based on 41(1) of the of Fundamental Rights of the European Union. (13) 19. …

… In accordance with 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. …

… On the other hand, an analogy can be made with the EMA’s policy on transparency and access to documents with regard to the EMA policy (on conflicts of interest). (15) Indeed, the doctrine would argue that this policy could be seen as a regulatory measure implementing the right of access to documents, as established in 15(3) TFEU and 42 of the . (16) Furthermore, the General Court has held on several occasions that, in application of 73 of Regulation No 726/2004, the …

… Recitals 10, 14 and 28 and 1, 2, 3, 4 and 6 of Directive 2012/13 and 6 of the of Fundamental Rights of the European Union (‘the ’) are relevant to the present case. Bulgarian law 4. …

… It is important to note, moreover, that, according to recital 14 of Directive 2012/13, that directive builds on the rights laid down in the , and in particular 6, and 48 thereof, by building upon 5 and 6 ECHR as interpreted by the ECtHR, and that the term ‘accusation’ in that directive is used to describe the same concept as the term ‘charge’ used in 6(1) ECHR. (5) 29. …

… I would point out, in that regard, that, since 6(2) of Directive 2012/13 governs a condition for the lawfulness of the deprivation of liberty, its interpretation must necessarily be based on 6 of the , concerning the right to liberty and security. The rights enshrined therein must, in accordance with the ‘homogeneity clause’ in 52(3) of the , be given the same meaning and scope as the rights conferred by 5 ECHR. …

… Consequently, there has been a violation of 25 (c) of the Covenant, read in conjunction with 14, paragraph 1, on the of the judiciary and the provisions of 2.” The Council of Europe 57. The relevant extracts from the European on the Statute for Judges of 8 to 10 July 1998[3] read as follows: “1.3. …

… Its mission is to guarantee the very existence of the Rule of Law and, thus, to ensure the proper application of the law in an , just, fair and efficient manner. Judicial 2. Judicial and are essential prerequisites for the operation of justice. 3. Judicial shall be statutory, functional and financial. …

… The European assigns this role to the authority which it suggests should ‘intervene’ in all aspects of the selection and career of every judge. 60. …

… Van Nuffel, acting as Agents, having decided, after hearing the Advocate General, to give a decision by reasoned order, in accordance with 53(2) of the Rules of Procedure of the Court of Justice, makes the following Order 1 These requests for a preliminary ruling concern the interpretation of 2, 4(2) and (3), 6(3), and the second subparagraph of 19(1) TEU, 267 TFEU and of the of Fundamental Rights of the European Union (‘the …

… (9) Should the second subparagraph of 19(1), 2 and 4(3) TEU and of the [], in conjunction with the third paragraph of 267 TFEU, be interpreted as meaning that the principle of effective judicial protection is infringed by the establishment by the national legislature of an organisational unit within the court of final instance of a Member State which is not a court or tribunal within the meaning of EU law?’ …

… of the Supreme Court - Appointment): ‘(6) Should the second subparagraph of 19(1), 2, 4(3) and 6(3) TEU, in conjunction with of the [] and the third paragraph of 267 TFEU, be interpreted as meaning that the court of final instance of a Member State may, in proceedings seeking a declaration that a service relationship is non-existent, declare that a person who has received a document appointing him or her to the position of judge in that court …