search

… The relevant provisions of the Armenian Constitution read as follows: 61 § 1 “Everyone has the right to effective judicial protection of his or her rights and freedoms.” 63 § 1 “Everyone has the right to a fair and public hearing of his or her case, within a reasonable time, by an and court.” 164 “... 8. …

… Council of Europe materials The European on the Statute of Judges 63. The relevant extracts from the European on the Statute for Judges of 8 to 10 July 1998[3] read as follows: “1.3. …

… The concepts of “” and “” are closely linked and, depending on the circumstances, may require joint examination (see Ramos Nunes de Carvalho e Sá, cited above, §§ 150 and 152; see also, as regards their close interrelationship, §§ 153-56). The Court has held that “” refers to the necessary personal and institutional that is required for decision-making, and it is thus a prerequisite for . …

… In those circumstances, the Cour de cassation (Court of Cassation) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling: ‘(1) Does 19(1) [TEU], read in conjunction with 267 [TFEU] and of the of Fundamental Rights of the European Union [(“the ”)], preclude the application of provisions of national law such as 24 and 171[3](9) of the Code judiciaire (Belgian Judicial Code), laying …

… However, when a FIFA rule, or a decision based on such a rule, potentially infringes the right of an individual based on EU law, the constitutional system of the European Union bestows on that individual the right to effective judicial protection, expressed today in of the . 42. …

… of the - FIFA Statutes - Court of Arbitration for Sport - The conformity of an arbitral award with EU law reviewed by a court of a third country - National rules according the status of res judicata) I. …

… According to the Explanations relating to the of Fundamental Rights (OJ 2007 C 303, p. 17), the second paragraph of of the corresponds to 6(1) ECHR. …

… Provisional text JUDGMENT OF THE COURT (Fourth Chamber) 19 December 2024 (*) (Reference for a preliminary ruling - Second subparagraph of 19(1) TEU - Effective legal protection in the fields covered by EU law - Second paragraph of of the of Fundamental Rights of the European Union - Access to an and tribunal - Liability of a Member State for damage caused to individuals by an infringement of EU law - Infringement by a national court adjudicating at …

… has the status of defendant. 26 In that regard, it should be recalled, first, that, under the second subparagraph of 19(1) TEU, Member States are to provide remedies sufficient to ensure effective judicial protection for individuals in the fields covered by EU law, including VAT, which is at issue in the main proceedings. 27 Second, it should be noted that the second paragraph of of the , which sets out, inter alia, the fundamental right to an and …

… The third plea is put forward solely against the first contested decision and alleges breach of the principle of of the selection board, infringement of 41 of the of Fundamental Rights of the European Union (‘the Charter’) and infringement of Article 14 of Decision No MB/2013/6 of the Management Board of ENISA on internal rules of procedure for the Management Board of ENISA and for the Executive Board of ENISA. 59 The Court must first examine the second plea alleging …

… 19 of the Statute of the Court of Justice of the European Union, which is carried out in the interests of the sound administration of justice, is above all to protect and defend the principal’s interests to the greatest possible extent, acting in full and in line with the law and professional rules and codes of conduct (see judgment of 14 July 2022, Universität Bremen v REA, C-110/21 P, EU:C:2022:555, paragraph and the case-law cited). 36 The condition of the of a lawyer …

… place, even if the principles derived from the case-law referred to in paragraphs 34 to 38 above could be applied to privileged parties for the purposes of the first paragraph of 19 of the Statute of the Court of Justice of the European Union, it is not apparent from the applicant’s written pleadings that she is calling into question the of the third agent or the of the lawyer representing ENISA in the present proceedings. 43 Therefore, the plea of inadmissibility …

… All property types relevant to the residential and livelihood needs of displaced persons should be within their jurisdiction, including homes, agricultural land and business properties; 10.7. secure the , and expertise of adjudicatory bodies, including through appropriate rules on their composition that may provide for the inclusion of international members. ...” 164. …

… Alleged violation of 6 § 1 of the Convention VII. Alleged violation of 13 in conjunction with different of the Convention under which the applicants complained VIII. Alleged violation of 14 in conjunction with 8 of the Convention and 1 of Protocol no. 1 IX. Application of 41 of the Convention A. Damage 1. …

… The of the Public Registry was approved by Order no. 835 of the Minister of Justice of Georgia of 19 July 2004. Subsequently, the Law on the State Registry and the were repealed on 27 April 2016 and 16 May 2016 respectively. A new of the Public Registry was adopted under Order no. 134 of the Ministry of Justice of Georgia of 3 May 2016. …

… Legal context European Union law The 3 of the , headed ‘Right to an effective remedy and to a fair trial’, provides: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this . Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… Triantafyllou, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 13 June 2024, gives the following Judgment 1 The request for a preliminary ruling concerns the interpretation of the second subparagraph of 19(1) TEU, of of the of Fundamental Rights of the European Union (‘the ’) and of 3(3) and 85(2) and (3) of Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for …

… Provisional text JUDGMENT OF THE COURT (Fourth Chamber) 12 December 2024 (*) (Reference for a preliminary ruling - Recovery and resolution of credit institutions - Directive 2014/59/EU - Decision to take a crisis management measure in respect of a credit institution - 85(3) - of the of Fundamental Rights of the European Union - Right to an effective remedy of all persons affected by that decision - Compliance with a reasonable time limit - Requirement of an expeditious …

… of the European Union - Objective - 17a - Official’s freedom of expression - 11, 12 and 21 - Respect for the principles of loyalty and ) In Case C-680/22 P, APPEAL under 56 of the Statute of the Court of Justice of the European Union, brought on 4 November 2022, DD, represented by N. …

… The applicant also submits that, in the present case, the doubt as to the of the investigator is legitimate from the perspective of third-party observers. According to the appellant, any doubt as to the or of an external consultant, who also happens to give legal advice and is repeatedly paid by the employer, is legitimate in the eyes of a third-party observer. …

… He shall carry out the duties assigned to him objectively, and in keeping with his duty of loyalty to the [European] Union.’ 3 12 of the Staff Regulations provides: ‘An official shall refrain from any action or behaviour which might reflect adversely upon his position.’ 4 17a of the Staff Regulations provides in paragraph 1: ‘An official has the right to freedom of expression, with due respect to the principles of loyalty and .’ 5 21 of the Staff Regulations …

… (a) The first part, alleging infringement of 5 of the Agreement during the first verification procedure In support of this part, the applicant puts forward two complaints, alleging, first, infringement of 5(1) of the Agreement and, second, infringement of Article 5(3) thereof. (1) The first complaint, alleging infringement of Article 5(1) of the Agreement 48 The applicant claims, first, that the choice of the body was imposed on the OSPs by the Council in connection …

… a note of 29 March 2022, the ‘Organisational Development and Services’ Directorate-General of the GSC informed the cosignatory OSPs that a verification procedure would be implemented pursuant to 5 of the Agreement. 12 On 3 and 17 May 2022, the GSC held meetings with the cosignatory OSPs at which it gave them the draft mission letter which was to be sent to the body referred to in 5 of the Agreement (‘the first mission letter’). …

… 41(2)(c) of the of Fundamental Rights of the European Union (‘the ’) must be appropriate to the act at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the court having jurisdiction to carry out its review. …

… parties as a possible source of impairment of his or her (see judgment of 10 February 2021, Spadafora v Commission, T-130/19, not published, EU:T:2021:74, paragraph 99 and the case-law cited). 31 In that regard, it should be noted that the duty of incumbent on officials is enshrined in the first paragraph of 11 of the Staff Regulations, under which an official is to carry out the duties assigned to him or her objectively and impartially. 32 It must also be noted …

… Thus, the EEAS should have considered that his immediate superior was neither objectively nor subjectively with regard to him and appointed another reporting officer for the appraisal procedure for 2021, as permitted by Decision ADMIN(2022) 3 of the Secretary-General of the European External Action Service of 24 January 2022 adopting general provisions implementing 43 and the first paragraph of 44 of the Staff Regulations on Appraisal Reports for Officials and Temporary …

… Substance 20 In support of his action, the applicant relies on two pleas in law, alleging, first, infringement of the rules applicable to the appraisal procedure, of 11a, 12a and 24 of the Staff Regulations and a lack of objectivity and on the part of the reporting officer and, secondly, a manifest error of assessment and misuse of powers. 21 As regards the first plea, as a preliminary point, it should be noted that 24 of the Staff Regulations refers to the administration …

… According to the Explanations relating to the (OJ 2007 C 303, p. 17), the second paragraph of of the corresponds to 6(1) ECHR. …

… 384(3) and 384a of the NPK, do not constitute ‘implementation’, for the purposes of 51(1) of the , of the provisions of Framework Decisions 2004/757 and 2008/841. 43 Therefore, the Court does not have jurisdiction to answer the questions referred for a preliminary ruling in so far as they concern 5 of Framework Decision 2004/757, 4 of Framework Decision 2008/841, the first and second paragraphs of and 52 of the . …

… 24 October 2008 on the fight against organised crime (OJ 2008 L 300, p. 42); (iii) the second subparagraph of 19(1) TEU; and (iv) and 52 of the of Fundamental Rights of the European Union (‘the ’). 2 The request has been made in criminal proceedings brought against PT and other persons prosecuted for directing, and/or participating in, an organised criminal group. …