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… rights guaranteed by the of Fundamental Rights of the European Union (‘the ’). (3) 2. …

… The present request for a preliminary ruling, which concerns the interpretation of several provisions of Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders, (4) and of of the , raises the question whether that case-law should be extended to that regulation. 3. …

… of a fundamental right as set out in the of Fundamental Rights of the European Union - The rights of the defence and the right to an effective remedy) I. …

… In the cases that followed, the Court developed a more detailed understanding of the requirement of of judges as concretising, through 19 TEU and of the , the value of the rule of law. (108) Similarly, the Court interpreted 10(1) TEU, which provides that the Union functions on the basis of representative democracy, in the light of democracy as a value expressed in 2 TEU. (109) Similarly, the value of equality is concretised in 19 TFEU …

… The Commission’s fifth plea - Infringement of the rights 1. Applicability of the 2. Infringement of 21 of the 3. Infringement of 11 of the 4. Infringement of 7 of the 5. Can interference with fundamental rights be justified? 6. Infringement of 1 of the C. The Commission’s sixth plea - Infringement of 2 TEU 1. …

… Infringement of 21 of the 61. 21 of the prohibits discrimination, among other grounds, on the basis of sex and sexual orientation. 62. …

… of the second paragraph of of the corresponds to the first sentence of 6(1) of the ECHR, its meaning and scope are, in accordance with 52(3) of the , the same as those laid down by the ECHR. …

… Findings of the Court 42 As regards, in the first place, the ground for complaint that 27(3) of the Rules of Procedure of the General Court does not meet the requirements of of the , it should be recalled that, as set out in the first sentence of the second paragraph of that , ‘everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law.’ 43 In that regard, since the first sentence …

… The first ground of appeal Arguments of the parties 37 The CC submits that the designation, by the President of the General Court, of another Judge-Rapporteur and the reassignment of the case to another Chamber of the General Court, carried out pursuant to 27(3) of the Rules of Procedure of the General Court, was decided contrary to of the , which provides that everyone is entitled to a fair hearing by an and tribunal previously established by law and …

… the operation of the rule of law, the of the judiciary must be guaranteed in relation to the legislature and the executive of a Member State, the mere fact that the legislature and the executive of a Member State are involved in determining judges’ remuneration is not, in itself, such as to create a dependence of those judges on the legislature or executive or to give rise to doubts as to the or of the judges. …

… , which follows from 19 TEU. …

… , C-146/23 and C-374/23, EU:C:2025:109, paragraphs and 48 and the case-law cited). 21 The concept of ‘judicial ’ presupposes, in particular, that the body concerned exercises its judicial functions wholly autonomously, without being subject to any hierarchical constraint or subordinated to any other body and without taking orders or instructions from any source whatsoever, and that it is thus protected against external interventions or pressure liable to impair the judgment …

… The right to effective judicial protection is enshrined in of the : ‘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. …

… of Fundamental Rights of the European Union 6. 19(2) of the of Fundamental Rights of the European Union provides protection in the event of extraditions: ‘No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.’ 7. …

… 67 TFEU describes the objectives of the area of freedom, security and justice. …

… ABLV Bank claims that the recent judgment of the Grand Chamber in the case Commission v SRB (7) confirmed that 18 of the SRM Regulation does not confer the power on the SRB to adopt acts producing legal effects. 17. …

… That decision thus constitutes an act that necessarily produces legal effects and is open to challenge under 263 TFEU. 34. Lastly, ABLV Bank’s arguments challenging paragraph 83 of the judgment under appeal do not call into question the correctness of the General Court’s finding regarding the conferral on the SRB of the power to take a formal decision not to adopt a resolution scheme. …

… It is settled case-law that, where technical discretion is exercised, observance of procedural guarantees is of fundamental importance, including the obligation for EU institutions to examine carefully and all the relevant aspects of the situation in question. …

… It further held that – in view of the fact that the right to a court and effective legal protection, in the sense deriving from 45 § 1 in conjunction with 78 and 77 § 2 of the Constitution of the Republic of Poland, was identical to the right to a court and effective legal protection in the sense deriving from EU law ( 19(1) of the TEU and of the of Fundamental Rights) and 6 of the Convention – it was justified to conclude that the failure …

… or with the consequence of prejudicing the trust which justice in a democratic society governed by the rule of law must inspire in subjects of the law. …

… or with the consequence of prejudicing the trust which justice in a democratic society governed by the rule of law must inspire in subjects of the law. …

… Wasmeier, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 14 November 2024, gives the following Judgment 1 This reference for a preliminary ruling concerns the interpretation of: - 6(1) to (3) and the second paragraph of 19(1) TEU; - 4 and of the of Fundamental Rights of the European Union (‘the ’); - 1(2), 2(1)(b), 4(5) and 8 and 9 of Directive (EU) 2016/1919 of the European Parliament …

… The effective application of EU law requires, moreover, the and of the courts, but also of the authorities responsible for criminal prosecutions in cases that have a factor connecting it with EU law. 46 In those circumstances, the Sąd Rejonowy we Włocławku (District Court, Włocławek) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling: ‘(1) Must the combined provisions of 2(1)(b), 4(5) and 9, and …

… Directive 2016/1919 9 Recitals 1, 3, 4, 6, 17 to 19, 23 and 24 of Directive 2016/1919 state: ‘(1) The purpose of this Directive is to ensure the effectiveness of the right of access to a lawyer as provided for under [Directive 2013/48] by making available the assistance of a lawyer funded by the Member States for suspects and accused persons in criminal proceedings … … (3) The third paragraph of of the [ enshrines] the right to legal aid in criminal proceedings in accordance with …

… That also follows from the right to an effective judicial remedy, enshrined in of the . …

… Box Promotion and Others, C-357/19, C-379/19, C-547/19, C-811/19 and C-840/19, EU:C:2021:1034, paragraph 219 and the case-law cited). 83 To that end, maintaining the of bodies which may be called upon to rule on questions concerning the application or interpretation of EU law is essential, as confirmed by the second paragraph of of the , which refers to access to an ‘’ tribunal as one of the requirements linked to the fundamental right to an effective remedy …

… 19(1) TEU, read in conjunction with the second paragraph of of [the ], be interpreted as meaning that it is per se or under certain conditions an infringement of the obligation incumbent on Member States to provide effective remedies sufficient to ensure judicial review for the functions of an authority which can impose disciplinary penalties on judges and has powers to collect data relating to their assets and liabilities to be indefinitely extended after the …

… that prevents national courts from examining whether there is compliance with EU requirements concerning an and tribunal previously established by law within the meaning of 19(1) TEU, read in conjunction with of the ?’ …

… 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. The Court must, therefore, ensure that the interpretation which it gives to the second paragraph of of the safeguards a level of protection which does not fall below the level of protection established in 6(1) ECHR, as interpreted by the ECtHR (see judgments in W.Ż. …

… I recall, however, that the second subparagraph of 19(1) TEU, read in conjunction with of the , makes no distinction between supreme courts and ordinary courts. The fundamental requirements of , and being a tribunal previously established by law apply uniformly to all the courts of the Member States, without consideration of the level of jurisdiction or of the hierarchical rank of the court concerned. () 73. …