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… 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. …

… K. and Others ( of the Disciplinary Chamber of the Supreme Court), C-585/18, C-624/18 and C-625/18, EU:C:2019:982, paragraph 78 and the case-law cited). 32 In the present case, as regards of the , the referring court has not provided any indication that the disputes in the main proceedings concern the interpretation or application of a rule of EU law being implemented at national level. 33 Therefore, in accordance with 51(1) thereof, of the …

… relate, in essence, (i) to the right to be heard by an and tribunal previously established by law, which derives from the second subparagraph of 19(1) TEU and (ii) to the principle of the primacy of EU law. 42 In those circumstances, it is necessary to examine the questions referred for a preliminary ruling in the light solely of the second subparagraph of 19(1) TEU, read in the light of of the , and of the principle of the primacy of EU law …

… read in conjunction with 6 and 7, 19(2), 24(2) and of the of Fundamental Rights of the European Union (‘the ’). 2 The request has been made in proceedings between GB, an Algerian national, and the Minister van Asiel en Migratie (Minister for Asylum and Migration, Netherlands) (‘the Minister’) concerning the Minister’s decision to detain GB with a view to his removal to Algeria. …

… governing lawfulness - Obligation for the national court to review compliance with the principle of non-refoulement and the other interests referred to in 5 of Directive 2008/115 - Considered of court’s own motion - 6 and 7, 19(2), 24(2) and of the of Fundamental Rights of the European Union) In Case C-313/25 PPU [Adrar], (i) REQUEST for a preliminary ruling under 267 TFEU from the rechtbank Den Haag, zittingsplaats Roermond (District Court …

… 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. …

… of the of Fundamental Rights of the European Union (‘the ’) requires in particular that the Courts of the European Union ensure that the decision by which restrictive measures were adopted or maintained, which affects the person or entity concerned individually, was taken on a sufficiently solid factual basis. …

… Moreover, he adds that the evidence files do not contain information that is reliable and specific enough to supplement the ground relied on that he benefitted from Russian decision-makers. 142 The Council disputes the applicant’s arguments. 143 According to settled case-law, the right to effective judicial protection, enshrined in of 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 …

… 3(1)(a) to (g) of that regulation essentially reproduced the wording of 2(1)(a) to (g) of that decision. A. …

… tribunal previously established by law. 25 As a preliminary point, it should be observed that the second paragraph of of the of Fundamental Rights is worded as follows: ‘Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… The third plea in law, alleging infringement of the second paragraph of of the of Fundamental Rights and of 45(2) of the GDPR 24 By his third plea in law, the applicant maintains that the Commission infringed the second paragraph of of the of Fundamental Rights and 45(2) of the GDPR since, in the contested decision, it considered that the DPRC afforded an adequate level of protection as regards the right of EU individuals to an and …

… (a) The first complaint in the third plea in law, that the DPRC is not an and tribunal 33 By the first complaint in his third plea in law, the applicant maintains that the DPRC is not an and tribunal within the meaning of the second paragraph of of the of Fundamental Rights, but a quasi-judicial body forming part of the executive branch. 34 The Commission, supported by Ireland and by the United States of America, disputes the applicant …

… of of the (see, to that effect, judgment of 29 July 2024, Breian, C-318/24 PPU, EU:C:2024:658, paragraph 80). 39 It is therefore necessary to determine whether the requirements of and laid down in the second paragraph of of the preclude national legislation which allows a criminal court, at the end of the criminal trial, to convict an accused person for an offence set out in the indictment, even where the public prosecutor, after submitting …

… Provisional text JUDGMENT OF THE COURT (Third Chamber) 1 August 2025 (*) (Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in criminal matters - Directive (EU) 2016/343 - 6 - Burden of proof that the accused person is guilty - Second paragraph of of the of Fundamental Rights of the European Union - Right of access to an and tribunal - Charge withdrawn in part by the public prosecutor’s office during …

… paragraph of of the of Fundamental Rights of the European Union (‘the ’). 2 The request has been made in the context of criminal proceedings brought against KP for possession and distribution of narcotic substances. …

… As the Court has consistently stated, 19(1) TEU, interpreted in the light of of the , has direct effect. (50) 71. …

… (Request for a preliminary ruling from the Sąd Najwyższy (Supreme Court, Poland)) (Reference for a preliminary ruling - 267 TFEU - 19(1) TEU - of the of Fundamental Rights of the European Union - Procedure for the appointment of a national judge - Judicial and - Nemo iudex in causa sua) I. Introduction 1. …

… Those principles and rules, a fortiori when interpreted in the light of 19(1) TEU and of the , as well as 6(1) ECHR, would lead to the exclusion from the panel of any judge whose or could be doubted in the eyes of the public. 25. I am also of the view that the second and third questions are admissible. 26. …

… 13 of that directive, headed ‘Remedies’, provides, in paragraphs 1 and 2: ‘1. 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. …

… The referring court adds that the right to an effective remedy, enshrined in Article of the of Fundamental Rights of the European Union (‘the Charter’) and given specific expression in Article 13(1) and (2) of Directive 2008/115, requires that the court called upon to review compliance with the conditions governing the lawfulness of the detention for the purpose of removal of the illegally staying third-country national, pursuant to a return decision, should be able to determine whether …

… This request for a preliminary ruling concerns the interpretation of 5, 13(1) and (2) and 15 of Directive 2008/115, which guarantee, respectively, respect for the principle of non-refoulement and certain interests of illegally staying third-country nationals, effective judicial protection with regard to decisions related to return, and strict conditions and procedures for the adoption of a measure involving deprivation of liberty. 3. …

… 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. …

… Provisional text JUDGMENT OF THE COURT (Fifth Chamber) 1 August 2025 (*) (References for a preliminary ruling - Border controls, asylum and immigration - Immigration policy - Directive 2008/115/EC - Common standards and procedures in Member States for returning illegally staying third-country nationals - 3(4) and (6), 7(1) and (4), 8(1) and (2), 11(1) and 13 - of the of Fundamental Rights of the European Union - Return decision - Decision …

… (OJ 2008 L 348, p. 98), read in the light of of the of Fundamental Rights of the European Union (‘the ’). 2 The requests have been made in two sets of proceedings between W (C-636/23) and X (C-637/23), both of whom are third-country nationals, and the Belgische Staat (Belgian State) and the État belge (Belgian State), respectively, concerning an order to leave the territory and an entry ban. …

… 19(1) TEU, read in conjunction with of the [], be interpreted as requiring that such a judge should, for the purpose of protecting his or her and autonomy, have an effective remedy against that decision before an and tribunal in a procedure which satisfies the requirements of and 48 of the ? …

… 19(1) TEU, read in conjunction with of the . …

… had the opportunity to challenge their appointment before an and tribunal in a procedure which satisfies the requirements of and 48 of the , is not an , tribunal previously established by law and giving individuals effective access to justice in areas covered by EU law?’ …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… Ronkes Agerbeek, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 16 January 2025, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of 19(1) TEU, read in conjunction with 267 TEU and of the of Fundamental Rights of the European Union (‘the ’). 2 The request has been made in proceedings between, on the one hand, Royal Football Club Seraing SA (‘RFC Seraing’), and, on the other …

… Provisional text JUDGMENT OF THE COURT (Grand Chamber) 1 August 2025 (*) (Reference for a preliminary ruling - 19(1) TEU - Obligation of Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law - of the of Fundamental Rights of the European Union - Right to an effective remedy - Possibility of recourse to arbitration - Arbitration between individuals - Imposed arbitration - Decision of a body of an international …