Right to an independent and impartial tribunal previously established by law under Article 47 of the EU Charter of Fundamental Rights

Pech, Laurent ORCID: https://orcid.org/0000-0002-1608-1285 (2020) Right to an independent and impartial tribunal previously established by law under Article 47 of the EU Charter of Fundamental Rights. In: The EU Charter of Fundamental Rights: A Commentary, 2nd Edition. Peers, Steve, Hervey, Tamara, Kenner, Jeff and Ward, Angela, eds. Hart Publishing, United Kingdom. . [Book Section] (Accepted/In press)

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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".

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