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… , thereby undermining the possibilities for courts and parties to access an and court previously established by law, contrary to the second subparagraph of 19(1) TEU and of the . …

… content of the right to an effective remedy enshrined in of the … 166. …

… It follows that the provisions of national law in question are so broad in their terms as to govern all aspects of the review of the right to an and tribunal previously established by law guaranteed by the second subparagraph of 19(1) TEU and of the . 143. …

… The resolution considered that the appointment procedure for judges of ordinary courts is unlawful where it leads, ‘in the specific circumstances’, to a breach of the requirement of and pursuant to 45(1) of the Constitution of the Republic of Poland, of the and 6(1) of the European Convention on Human Rights (‘the ECHR’). …

… This leads to the perception that courts are neither nor . …

… 26(3) of the amended Law on the Supreme Court thus undermines the efficacy of the former provisions of national law, contrary to the second subparagraph of 19(1) TEU, read in conjunction with of the . …

… of the . 90. …

… ” within the meaning of of the , 6 of [the ECHR] and 45(1) of the [Constitution of the Republic of Poland] (judgment of 19 November 2019, A. …

… According to the referring court, that situation is contrary to of the , in particular the right to an effective judicial remedy and the right of every person to a fair and public hearing within a reasonable time by an and tribunal previously established by law. (10) 25. …

… The claim for annulment of the non-renewal decision and the decision rejecting the complaint 28 In support of her claim for annulment, the applicant raises six pleas in law seeking to establish the unlawfulness of the non-renewal decision and of the decision rejecting the complaint, alleging: - first, that the 2019 appraisal report was not duly finalised and the contract renewal report relied on a non-finalised appraisal report; - secondly, infringement of the principle of , of …

… Law Subject matter of the action 21 It should be borne in mind that, in accordance with the combined provisions of 90(2) and 91(1) and (2) of the Staff Regulations, which are applicable by analogy to members of the temporary staff pursuant to 46 of the CEOS, any member of staff covered by the Staff Regulations may bring an action before the General Court only if he or she has previously lodged a complaint against an act adversely affecting him or her with the authority empowered …

… which is legally binding, limiting the exercise of discretion of that institution and of EIOPA, which decided to apply by analogy that decision concerning the organisation of its structures and the management of its staff on which the members may rely before the Courts of the European Union which ensure compliance with it (see, by analogy, judgments of 27 April 2012, De Nicola v EIB, T-37/10 P, EU:T:2012:205, paragraph 40, and of 7 July 2009, Bernard v Europol, F-54/08, EU:F:2009:86, paragraph …

… paragraph of of the of Fundamental Rights of the European Union (‘the ’). 2 The request has been submitted within the context of criminal proceedings brought against HYA, IP, DD, ZI and SS (together, ‘the accused persons’) for offences committed in relation to illegal immigration. …

… JUDGMENT OF THE COURT (Third Chamber) 8 December 2022 (*) (Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive (EU) 2016/343 - Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings - 8(1) - Right of an accused person to be present at their trial - Second paragraph of and 48(2) of the of Fundamental Rights of the European Union - Right to a fair trial …

… Legal context International law 3 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (‘the ECHR’), which is entitled ‘Right to a fair trial’, provides: ‘1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal established by law. … … 3. …

… 7 of the of Fundamental Rights of the European Union (‘the ’) relating to private and family life, may be construed as including the right to respect for a company’s registered office, branches or other business premises (see, to that effect, ECtHR, 16 April 2002, Société Colas Est and Others v. …

… with point (g) of 4(1). …

… On that occasion they wrote: ‘It was one of the key underlying ideas of the [Single Supervisory Mechanism (SSM)] that a more objective and supervision can be ensured under the control of the ECB rather than by the local supervisors. …

… Lastly, the ECB based the contested decision not only on the proposal to withdraw authorisation, but also on other additional grounds. 68 The ECB disputes those arguments. 69 The principle that an administrative procedure must be conducted within a reasonable time has been reaffirmed by 41(1) of the of Fundamental Rights of the European Union (‘the ’), under which every person has the right to have his or her affairs handled , fairly and within a reasonable time …

… In accordance with paragraph 2 of that , the national competent authority is to coordinate with the national resolution authority with regard to any draft withdrawal decision that is relevant to the national resolution authority. It follows from 83(1) of the SSM Framework Regulation that the ECB is to take a decision on the withdrawal of an authorisation without undue delay and that it may accept or reject the relevant draft withdrawal decision. …

… Thus, the first subparagraph of 6(4) of the SSM Regulation provides, inter alia, that, in relation to the tasks defined in 4 thereof, except for points (a) and (c) of paragraph 1 of that , the ECB shall have the responsibilities set out in paragraph 5 and the national competent authorities shall have the responsibilities set out in paragraph 6 of 6 of that regulation. …

… It added that CR stated that he would implement the FCMC’s requests, namely the strengthening of the applicant’s capital, only if those requests were verified by an third party. …

… It adds that (4) of Regulation No 468/2014, which governs the relevant actus contrarius, confirms that a reclassification decision is not necessary. 76 The ECB disputes that line of argument. 77 39(5) of Regulation No 468/2014 provides: ‘The ECB shall also directly supervise a less significant supervised entity or a less significant supervised group under an ECB decision adopted pursuant to 6(5)(b) of [Regulation No 1024/2013] to the effect that the ECB will exercise directly …

… On that occasion they wrote: ‘It was one of the key underlying ideas of the [Single Supervisory Mechanism (SSM)] that a more objective and supervision can be ensured under the control of the ECB rather than by the local supervisors. …

… The applicant was deprived of the exercise of the competent authority’s discretion to which the applicant is entitled under Article 41 of the of Fundamental Rights of the European Union (‘the Charter’). 203 The ECB, supported by the Commission, disputes the applicant’s line of argument. 204 Thus, as stated in paragraph 185 above, the competent authority may oppose the proposed acquisition if there are reasonable grounds for doing so on the basis of one or more of the criteria referred …

… of 4(3) [of this regulation]. 2. …

… have to be communicated to the FCMC at the time of notification, in accordance with 22(1) and 23(4) of Directive 2013/36, as transposed into Latvian law. …

… of Fundamental Rights of the European Union (‘the ’) (see, to that effect, judgments of 23 September 2015, Cerafogli v ECB, T-114/13 P, EU:T:2015:678, paragraph 32 and the case-law cited, and of 5 October 2016, ECDC v CJ, T-395/15 P, not published, EU:T:2016:598, paragraph 53). 124 The right to be heard is protected not only by and 48 of the , which ensure respect for both the rights of the defence and the right to fair legal process in all judicial proceedings, but also …

… The first plea alleges infringement of 24 of Regulation No 1024/2013. The second plea alleges infringement by the ECB of its obligation to examine and appraise carefully and all the relevant aspects of the case. The third plea alleges infringement of 14(5) of that regulation and of the principle of proportionality. The fourth plea alleges that the ECB failed to comply with the principle of equal treatment. …

… the tasks referred to in 4(1) of that regulation. …