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… The relevant part of Article 6 § 1 reads as follows: “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair ... hearing ... by an and by .” A.  Admissibility 1. The parties’ submissions 40.  Relying on the principles developed in Vilho Eskelinen and Others v.  …

… FIRST SECTION CASE OF BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM (Applications nos. 58170/13, 62322/14 and 24960/15) JUDGMENT STRASBOURG 13 September 2018 Referral to the Grand Chamber 04/02/2019 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. TABLE OF CONTENTS PROCEDURE THE FACTS I.  THE CIRCUMSTANCES OF THE CASE A.  Background B.  The secret surveillance schemes 1.  Government Communications Headquarters …

… 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 by . … 2. Everyone who has been charged shall be presumed innocent until proved guilty according to law. …’ B. EU law 1. The Treaty on the Functioning of the European Union 5. …

… In the determination of ... any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . ... 3. Everyone charged with a criminal offence has the following minimum rights: ... …

… In the determination of ... any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . ... 3. Everyone charged with a criminal offence has the following minimum rights: ... (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; ...” 28. …

… In the determination of ... any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . 3. Everyone charged with a criminal offence has the following minimum rights: ... …

… ., everyone is entitled to a fair ... hearing ... by an and by .” Admissibility 1. The parties’ submissions 29. The Government contested the admissibility of the applicant’s complaint on two counts. First of all, with reference to the decision in the case of Danawar and Others v. Bulgaria (dec.), no. 25843/07, 20 January 2015, they raised an objection as to inadmissibility based on non-compliance with the six-month time-limit. …

… In the determination ... of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by ... ... 3. Everyone charged with a criminal offence has the following minimum rights: ... …

… In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair ... hearing ... by an and by . ...” Article 13 “Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.” 307.   …

… The Court considers that the applicant company’s complaints fall to be examined under Article 6 § 1 of the Convention, which reads, in so far as relevant, as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by .” A. Admissibility 109. …

… Even though the application was communicated under Articles 6 § 1 and 13 of the Convention, the Court considers it appropriate to examine this complaint solely under Article 6 § 1 of the Convention, of which the relevant parts read as follows: “In the determination of his [or her] civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by .” A. Admissibility 1. The parties’ submissions 30. …