The Right to an Independent and Impartial Tribunal Previously Established by Law Under Article 47 of the EU Charter of Fundamental Rights

Pech, Laurent

doi:10.2139/ssrn.3608669

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The Right to an Independent and Impartial Tribunal Previously Established by Law Under Article 47 of the EU Charter of Fundamental Rights

Unedited Version, Updated/Finalized in May 2020) for 2nd Edition of Steve Peers et Al, the EU Charter of Fundamental Rights. A Commentary (Hart)

17 Pages Posted: 24 Aug 2020

See all articles by Laurent Pech

Laurent Pech

UCD Sutherland School of Law; CEU Democracy Institute

Date Written: 2020

Abstract

This paper provides a detailed commentary on the right to an independent and impartial tribunal previously established by law as guaranteed under the second paragraph of Article 47 of the EU Charter of Fundamental Rights. It first examines the notion of “tribunal” under this provision before offering a comprehensive account of the meaning and scope of other principles common to Article 47(2) CFR and Article 267 TFEU: "established by law", "independence" and "impartiality".

Keywords: Charter of Fundamental Rights of the European Union, Tribunal, Established by Law, Independence, Impartiality

Suggested Citation: Suggested Citation

Pech, Laurent, The Right to an Independent and Impartial Tribunal Previously Established by Law Under Article 47 of the EU Charter of Fundamental Rights (2020). Unedited Version, Updated/Finalized in May 2020) for 2nd Edition of Steve Peers et Al, the EU Charter of Fundamental Rights. A Commentary (Hart), Available at SSRN: https://ssrn.com/abstract=3608669 or http://dx.doi.org/10.2139/ssrn.3608669