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EU Charter of Fundamental Rights

Title vi justice, article 47 - right to an effective remedy and to a fair trial.

The first paragraph is based on Article 13 of the ECHR:

‘Everyone whose rights and freedoms as set forth in this 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.’

However, in Union law the protection is more extensive since it guarantees the right to an effective remedy before a court. The Court of Justice enshrined that right in its judgment of 15 May 1986 as a general principle of Union law (Case 222/84 Johnston [1986] ECR 1651; see also judgment of 15 October 1987, Case 222/86 Heylens [1987] ECR 4097 and judgment of 3 December 1992, Case C-97/91 Borelli [1992] ECR I-6313). According to the Court, that general principle of Union law also applies to the Member States when they are implementing Union law. The inclusion of this precedent in the Charter has not been intended to change the system of judicial review laid down by the Treaties, and particularly the rules relating to admissibility for direct actions before the Court of Justice of the European Union. The European Convention has considered the Union's system of judicial review including the rules on admissibility, and confirmed them while amending them as to certain aspects, as reflected in Articles 251 to 281 of the Treaty on the Functioning of the European Union, and in particular in the fourth paragraph of Article 263. Article 47 applies to the institutions of the Union and of Member States when they are implementing Union law and does so for all rights guaranteed by Union law.

The second paragraph corresponds to Article 6(1) of the ECHR which 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 and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.’

In Union law, the right to a fair hearing is not confined to disputes relating to civil law rights and obligations. That is one of the consequences of the fact that the Union is a community based on the rule of law as stated by the Court in Case 294/83, ‘Les Verts’ v European Parliament (judgment of 23 April 1986, [1986] ECR 1339). Nevertheless, in all respects other than their scope, the guarantees afforded by the ECHR apply in a similar way to the Union.

With regard to the third paragraph, it should be noted that in accordance with the case-law of the European Court of Human Rights, provision should be made for legal aid where the absence of such aid would make it impossible to ensure an effective remedy (ECHR judgment of 9 October 1979, Airey, Series A, Volume 32, p. 11). There is also a system of legal assistance for cases before the Court of Justice of the European Union.

• CJEU Case T-402/20 / Judgment Zippo Manufacturing and Others v Commission Decision date: 18 October 2023 Deciding body type: Court of Justice of the European Union Deciding body: Type: Decision Policy area: ECLI (European case law identifier): ECLI:EU:T:2023:640
• CJEU Case C-216/21 / Judgment Asociaţia “Forumul Judecătorilor din România” and YN v Consiliul Superior al Magistraturii Decision date: 07 September 2023 Deciding body type: Court of Justice of the European Union Deciding body: Type: Decision Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:EU:C:2023:628
• CJEU Joined Cases C-615/20 and C-671/20 / Judgement Criminal proceedings against YP and Others Decision date: 13 July 2023 Deciding body type: Court of Justice of the European Union Deciding body: Court (Grand Chamber) Type: Decision Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:EU:C:2023:562
• CJEU Case C-660/21 / Judgement Criminal proceedings against K.B. and F.S Decision date: 22 June 2023 Deciding body type: Court of Justice of the European Union Deciding body: Court (Grand Chamber) Type: Decision Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:EU:C:2023:498
• CJEU Case C-204/21 / Judgement European Commission v Republic of Poland Decision date: 05 June 2023 Deciding body type: Court of Justice of the European Union Deciding body: Court (Grand Chamber) Type: Decision Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:EU:C:2023:442
• CJEU Case C-817/21 / Judgement R.I. v Inspecţia Judiciară and N.L Decision date: 11 May 2023 Deciding body type: Court of Justice of the European Union Deciding body: Court (First Chamber) Type: Decision Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:EU:C:2023:391
• CJEU Case C-269/22 / Judgement IP and Others v Spetsializirana prokuratura Decision date: 30 March 2023 Deciding body type: Court of Justice of the European Union Deciding body: Court (Eigth Chamber) Type: Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:EU:C:2023:275
• CJEU Case C-682/20 P / Judgement Les Mousquetaires and ITM Entreprises SAS v European Commission Decision date: 09 March 2023 Deciding body type: Court of Justice of the European Union Deciding body: Court (First Chamber) Type: Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:EU:C:2023:170
• CJEU Case C-690/20 P / Judgement Casino, Guichard-Perrachon and Achats Marchandises Casino SAS (AMC) v European Commission Decision date: 09 March 2023 Deciding body type: Court of Justice of the European Union Deciding body: Court (First Chamber) Type: Decision Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:EU:C:2023:171
• CJEU Case C-349/21 / Judgement HYA and Others Decision date: 16 February 2023 Deciding body type: Court of Justice of the European Union Deciding body: Court (Third Chamber) Type: Decision Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:EU:C:2023:102

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Artikel 15(...) 3. De berechting van hem aan wie met het oog daarop zijn vrijheid is ontnomen, vindt binnen een redelijke termijn plaats .Artikel 17 Niemand kan tegen zijn wil worden afgehouden van de rechter die de wet hem toekent.Artikel 18(...) 2. De wet stelt regels omtrent het verlenen van rechtsbijstand aan minder draagkrachtigen. Artikel 121 Met uitzondering van de gevallen bij de wet bepaald vinden de terechtzittingen in het openbaar plaats en houden de vonnissen de gronden in waarop zij rusten. De uitspraak geschiedt in het openbaar.

Article 36 (1) Everyone may assert, through the prescribed procedure, her rights before an independent and impartial court or, in specified cases, before another body. (2) Unless a law provides otherwise, a person who claims that her rights were curtailed by a decision of a public administrative authority may turn to a court for review of the legality of that decision. However, judicial review of decisions affecting the fundamental rights and freedoms listed in this Charter may not be removed from the jurisdiction of courts. (3) Everybody is entitled to compensation for damage caused her by an unlawful decision of a court, other State bodies, or public administrative authorities, or as the result of an incorrect official procedure. (4) Conditions therefor and detailed provisions shall be set by law. Article 37 (1) Everyone has the right to refuse to give testimony if she would thereby incriminate herself or a person close to her. (2) In proceedings before courts, other State bodies, or public administrative authorities, everyone shall have the right to legal assistance from the very beginning of such proceedings. (3) All parties to such proceedings are equal. (4) Anyone who declares that she does not speak the language in which a proceeding is being conducted has the right to the services of an interpreter. Article 38 (1) No one may be removed from the jurisdiction of her lawful judge. The jurisdiction of courts and the competence of judges shall be provided for by law. (2) Everyone has the right to have her case considered in public, without unnecessary delay, and in her presence, as well as to express her opinion on all of the admitted evidence. The public may be excluded only in cases specified by law.

Článek 36 (1) Každý se může domáhat stanoveným postupem svého práva u nezávislého a nestranného soudu a ve stanovených případech u jiného orgánu. (2) Kdo tvrdí, že byl na svých právech zkrácen rozhodnutím orgánu veřejné správy, může se obrátit na soud, aby přezkoumal zákonnost takového rozhodnutí, nestanoví-li zákon jinak. Z pravomoci soudu však nesmí být vyloučeno přezkoumávání rozhodnutí týkajících se základních práv a svobod podle Listiny. (3) Každý má právo na náhradu škody způsobené mu nezákonným rozhodnutím soudu, jiného státního orgánu či orgánu veřejné správy nebo nesprávným úředním postupem. (4) Podmínky a podrobnosti upravuje zákon. Článek 37 (1) Každý má právo odepřít výpověď, jestliže by jí způsobil nebezpečí trestního stíhání sobě nebo osobě blízké. (2) Každý má právo na právní pomoc v řízení před soudy, jinými státními orgány či orgány veřejné správy, a to od počátku řízení. (3) Všichni účastníci jsou si v řízení rovni. (4) Kdo prohlásí, že neovládá jazyk, jímž se vede jednání, má právo na tlumočníka. Článek 38 (1) Nikdo nesmí být odňat svému zákonnému soudci. Příslušnost soudu i soudce stanoví zákon. (2) Každý má právo, aby jeho věc byla projednána veřejně, bez zbytečných průtahů a v jeho přítomnosti a aby se mohl vyjádřit ke všem prováděným důkazům. Veřejnost může být vyloučena jen v případech stanovených zákonem.

Článek 36 (1) Každý se může domáhat stanoveným postupem svého práva u nezávislého a nestranného soudu a ve stanovených případech u jiného orgánu. (2) Kdo tvrdí, že byl na svých právech zkrácen rozhodnutím orgánu veřejné správy, může se obrátit na soud, aby přezkoumal zákonnost takového rozhodnutí, nestanoví-li zákon jinak. Z pravomoci soudu však nesmí být vyloučeno přezkoumávání rozhodnutí týkajících se základních práv a svobod podle Listiny. (3) Každý má právo na náhradu škody způsobené mu nezákonným rozhodnutím soudu, jiného státního orgánu či orgánu veřejné správy nebo nesprávným úředním postupem. (4) Podmínky a podrobnosti upravuje zákon. Článek 37 (1) Každý má právo odepřít výpověď, jestliže by jí způsobil nebezpečí trestního stíhání sobě nebo osobě blízké. (2) Každý má právo na právní pomoc v řízení před soudy, jinými státními orgány či orgány veřejné správy, a to od počátku řízení. (3) Všichni účastníci jsou si v řízení rovni. (4) Kdo prohlásí, že neovládá jazyk, jímž se vede jednání, má právo na tlumočníka. Článek 38 (1) Nikdo nesmí být odňat svému zákonnému soudci. Příslušnost soudu i soudce stanoví zákon (2) Každý má právo, aby jeho věc byla projednána veřejně, bez zbytečných průtahů a v jeho přítomnosti a aby se mohl vyjádřit ke všem prováděným důkazům. Veřejnost může být vyloučena jen v případech stanovených zákonem.

See ECHR provisions of Article 6 which have been incorporated into UK law by the Human Rights Act 1998.. Schdule 1, Article 6 Right to a fair trial 1 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 independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. 2 Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3 Everyone charged with a criminal offence has the following minimum rights: (a)to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b)to have adequate time and facilities for the preparation of his defence; (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; (d)to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e)to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Chapter 2 - Fundamental rights and freedoms: Article 9 If a public authority other than a court of law has deprived an individual of his or her liberty on account of a criminal act or because he or she is suspected of having committed such an act, the individual shall be entitled to have the deprivation of liberty examined before a court of law without undue delay. This shall not, however, apply where the matter concerns the transfer to Sweden of responsibility for executing a penal sanction involving deprivation of liberty according to a sentence in another state. Also those who for reasons other than those specified in paragraph one, have been taken forcibly into custody, shall likewise be entitled to have the matter of custody examined before a court of law without undue delay (...) Also those who for reasons other than those specified in paragraph one, have been taken forcibly into custody, shall likewise be entitled to have the matter of custody examined before a court of law without undue delay. In such a case, examination before a tribunal shall be equated with examination before a court of law, provided the composition of the tribunal has been laid down in law and it is stipulated that the chair of the tribunal shall be currently, or shall have been previously, a permanent salaried judge (...); Article 10 No one may be sentenced to a penalty or penal sanction for an act which was not subject to a penal sanction at the time it was committed. Nor may anyone be sentenced to a penal sanction which is more severe than that which was in force when the act was committed. The provisions laid down here with respect to penal sanctions also apply to forfeiture and other special legal effects of crime (...); Article 11 No court of law may be established on account of an act already committed, or for a particular dispute or otherwise for a particular case. Legal proceedings shall be carried out fairly and within a reasonable period of time. Proceedings in courts of law shall be open to the public.

2 kapitlet - Grundläggande fri- och rättigheter: 9 § Om en annan myndighet än en domstol har berövat någon friheten med anledning av brott eller misstanke om brott, ska han eller hon kunna få frihetsberövandet prövat av domstol utan oskäligt dröjsmål. Detta gäller dock inte när det är fråga om att till Sverige flytta över verkställighet av en frihetsberövande påföljd enligt en dom i en annan stat. Även den som av någon annan anledning än som anges i första stycket har blivit omhändertagen tvångsvis, ska kunna få omhändertagandet prövat av domstol utan oskäligt dröjsmål. Med prövning av domstol likställs i sådant fall prövning av en nämnd, om nämndens sammansättning är bestämd i lag och ordföranden i nämnden ska vara eller ha varit ordinarie domare. Har prövningen inte uppdragits åt en myndighet som är behörig enligt första eller andra stycket, ska prövningen göras av allmän domstol; 10 § Ingen får dömas till straff eller annan brottspåföljd för en gärning som inte var belagd med brottspåföljd när den begicks. Inte heller får någon dömas till svårare brottspåföljd för gärningen än den som var föreskriven då. Vad som föreskrivs här om brottspåföljd gäller även förverkande och annan särskild rättsverkan av brott. (...); 11 § Domstol får inte inrättas för en redan begången gärning och inte heller för en viss tvist eller i övrigt för ett visst mål. En rättegång ska genomföras rättvist och inom skälig tid. Förhandling vid domstol ska vara offentlig.

Artículo 24 1. Todas las personas tienen derecho a obtener la tutela efectiva de los jueces y tribunales en el ejercicio de sus derechos e intereses legítimos, sin que, en ningún caso, pueda producirse indefensión.2. Asimismo, todos tienen derecho al Juez ordinario predeterminado por la ley, a la defensa y a la asistencia de letrado, a ser informados de la acusación formulada contra ellos, a un proceso público sin dilaciones indebidas y con todas las garantías, a utilizar los medios de prueba pertinentes para su defensa, a no declarar contra sí mismos, a no confesarse culpables y a la presunción de inocencia. La ley regulará los casos en que, por razón de parentesco o de secreto profesional, no se estará obligado a declarar sobre hechos presuntamente delictivos.Artículo 54 Una ley orgánica regulará la institución del Defensor del Pueblo, como alto comisionado de las Cortes Generales, designado por éstas para la defensa de los derechos comprendidos en este Título, a cuyo efecto podrá supervisar la actividad de la Administración, dando cuenta a las Cortes Generales.Artículo 117 1. La justicia emana del pueblo y se administra en nombre del Rey por Jueces y Magistrados integrantes del poder judicial, independientes, inamovibles, responsables y sometidos únicamente al imperio de la ley. 2. Los Jueces y Magistrados no podrán ser separados, suspendidos, trasladados ni jubilados, sino por alguna de las causas y con las garantías previstas en la ley. 3. El ejercicio de la potestad jurisdiccional en todo tipo de procesos, juzgando y haciendo ejecutar lo juzgado, corresponde exclusivamente a los Juzgados y Tribunales determinados por las leyes, según las normas de competencia y procedimiento que las mismas establezcan.4. Los Juzgados y Tribunales no ejercerán más funciones que las señaladas en el apartado anterior y las que expresamente les sean atribuidas por ley en garantía de cualquier derecho. 5. El principio de unidad jurisdiccional es la base de la organización y funcionamiento de los Tribunales. La ley regulará el ejercicio de la jurisdicción militar en el ámbito estrictamente castrense y en los supuestos de estado de sitio, de acuerdo con los principios de la Constitución. 6. Se prohíben los Tribunales de excepción.Artículo 119La justicia será gratuita cuando así lo disponga la ley y, en todo caso, respecto de quienes acrediten insuficiencia de recursos para litigar.Artículo 120 1. Las actuaciones judiciales serán públicas, con las excepciones que prevean las leyes de procedimiento. 2. El procedimiento será predominantemente oral, sobre todo en materia criminal.3. Las sentencias serán siempre motivadas y se pronunciarán en audiencia pública.

Section 54 An organic act shall regulate the institution of the Defender of the People (Defensor del Pueblo) as high commissioner of the Cortes Generales, appointed by them to defend the rights contained in this Part; for this purpose he or she may supervise the activity of the Administration and report thereon to the Cortes Generales.

Section 119 Justice shall be free when thus provided for by law, and shall in any case be so in respect of those who have insufficient means to sue in court.

Section 241. All persons have the right to obtain effective protection from the judges and the courts in the exercise of their rights and legitimate interests, and in no case may there be a lack of defense.2. Likewise, all have the right to the ordinary judge predetermined by law; to defense and assistance by a lawyer; to be informed of the charges brought against them; to a public trial without undue delays and with full guarantees; to the use of evidence appropriate to their defense; not to make self-incriminating statements; not to plead themselves guilty; and to be presumed innocent.The law shall specify the cases in which, for reasons of family relationship or professional secrecy, it shall not be compulsory to make statements regarding allegedly criminal offences.

Section 1171. Justice emanates from the people and is administered on behalf of the King by judges and magistrates members of the Judicial Power who shall be independent, shall have fixity of tenure, shall be accountable for their acts and subject only to the rule of law. 2. Judges and magistrates may only be dismissed, suspended, transferred or retired on the grounds and subject to the safeguards provided for by the law. 3. The exercise of judicial authority in any kind of action, both in ruling and having judgments executed, is vested exclusively in the courts and tribunals laid down by the law, in accordance with the rules of jurisdiction and procedure which may be established therein. 4. Judges and courts shall not exercise any powers other than those indicated in the foregoing subsection and those which are expressly allocated to them by law as a guarantee of any right.5. The principle of jurisdictional unity is the basis of the organization and operation of the courts. The law shall make provision for the exercise of military jurisdiction strictly within military framework and in cases of state of siege (martial law), in accordance with the principles of the Constitution. 6. Courts of exception are prohibited.

Section 1201. Judicial proceedings shall be public, with the exceptions contemplated in the laws on procedure.2. Proceedings shall be predominantly oral, especially in criminal cases. 3. Judgments shall always specify the grounds therefore, and they shall be delivered in a public hearing.

Article 22 Everyone shall be guaranteed equal protection of rights in any proceeding before a court and before other state authorities, local community authorities, and bearers of public authority that decide on his rights, duties, or legal interests.

Article 23 Everyone has the right to have any decision regarding his rights, duties, and any charges brought against him made without undue delay by an independent, impartial court constituted by law. Only a judge duly appointed pursuant to rules previously established by law and by judicial regulations may judge such an individual.

Article 25 Everyone shall be guaranteed the right to appeal or to any other legal remedy against the decisions of courts and other state authorities, local community authorities, and bearers of public authority by which his rights, duties, or legal interests are determined.

22. člen Vsakomur je zagotovljeno enako varstvo njegovih pravic v postopku pred sodiščem in pred drugimi državnimi organi, organi lokalnih skupnosti in nosilci javnih pooblastil, ki odločajo o njegovih pravicah, dolžnostih ali pravnih interesih.

23. člen Vsakdo ima pravico, da o njegovih pravicah in dolžnostih ter o obtožbah proti njemu brez nepotrebnega odlašanja odloča neodvisno, nepristransko in z zakonom ustanovljeno sodišče. Sodi mu lahko samo sodnik, ki je izbran po pravilih, vnaprej določenih z zakonom in s sodnim redom.

25. člen Vsakomur je zagotovljena pravica do pritožbe ali drugega pravnega sredstva proti odločbam sodišč in drugih državnih organov, organov lokalnih skupnosti in nosilcev javnih pooblastil, s katerimi ti odločajo o njegovih pravicah, dolžnostih ali pravnih interesih.

Article 46 (1) Everyone may claim his right in a manner laid down by law in an independent and impartial court and, in cases laid down by law, at another body of the Slovak Republic. (2) Anyone who claims to have been deprived of his rights by a decision of a public administration body may turn to the court to have the lawfulness of such decision reexamined, unless laid down otherwise by law. The reexamination of decisions concerning basic rights and freedoms may not, however, be excluded from the court's authority. (3) Everyone is entitled to compensation for damage incurred as a result of an unlawful decision by a court, or another state or public administration body, or as a result of an incorrect official procedure. (4) Conditions and details concerning judicial and other legal protection shall be laid down by law. Article 47 (…) (2) Everyone has the right to legal assistance in court proceedings, or proceedings before other state or public administration bodies from the start of the proceedings, under conditions laid down by law. (...) Article 48 (1) No one must be removed from his assigned judge. The jurisdiction of the court shall be laid down by law. Article 50 (1) Only the court decides on guilt and punishment for criminal acts.

Čl. 46 (1) Každý sa môže domáhať zákonom ustanoveným postupom svojho práva na nezávislom a nestrannom súde a v prípadoch ustanovených zákonom na inom orgáne Slovenskej republiky.(2) Kto tvrdí, že bol na svojich právach ukrátený rozhodnutím orgánu verejnej správy, môže sa obrátiť na súd, aby preskúmal zákonnosť takéhoto rozhodnutia, ak zákon neustanoví inak. Z právomoci súdu však nesmie byť vylúčené preskúmanie rozhodnutí týkajúcich sa základných práv a slobôd.(3) Každý má právo na náhradu škody spôsobenej nezákonným rozhodnutím súdu, iného štátneho orgánu či orgánu verejnej správy alebo nesprávnym úradným postupom.(4) Podmienky a podrobnosti o súdnej a inej právnej ochrane ustanoví zákon. Čl. 47 (...) (2) Každý má právo na právnu pomoc v konaní pred súdmi, inými štátnymi orgánmi alebo orgánmi verejnej správy od začiatku konania, a to za podmienok ustanovených zákonom. (...) Čl. 48(1) Nikoho nemožno odňať jeho zákonnému sudcovi. Príslušnosť súdu ustanoví zákon.(2) Každý má právo, aby sa jeho vec verejne prerokovala bez zbytočných prieťahov a v jeho prítomnosti a aby sa mohol vyjadriť ku všetkým vykonávaným dôkazom. Verejnosť možno vylúčiť len v prípadoch ustanovených zákonom. Čl. 50(1) Len súd rozhoduje o vine a treste za trestné činy.

Articolul 21 (1) Orice persoana se poate adresa justitiei pentru apararea drepturilor, a libertatilor si a intereselor sale legitime. (2) Nici o lege nu poate îngradi exercitarea acestui drept.(3) Partile au dreptul la un proces echitabil si la solutionarea cauzelor într-un termen rezonabil. (4) Jurisdictiile speciale administrative sunt facultative si gratuite. Articolul 24(1) Dreptul la aparare este garantat. (2) În tot cursul procesului, partile au dreptul sa fie asistate de un avocat, ales sau numit din oficiu.

Article 21(1) Every person is entitled to bring cases before the courts for the defence of his legitimate rights, liberties and interests. (2) The exercise of this right shall not be restricted by any law. (3) All parties shall be entitled to a fair trial and a solution of their cases within a reasonable term. (4) Administrative special jurisdiction is optional and free of charge. Article 24(1) The right to defence is guaranteed. (2) All throughout the trial, the parties shall have the right to be assisted by a lawyer of their own choosing or appointed ex officio.

Artigo 20.º (Acesso ao direito e tutela jurisdicional efectiva) 1. A todos é assegurado o acesso ao direito e aos tribunais para defesa dos seus direitos e interesses legalmente protegidos, não podendo a justiça ser denegada por insuficiência de meios económicos. 2. Todos têm direito, nos termos da lei, à informação e consulta jurídicas, ao patrocínio judiciário e a fazer-se acompanhar por advogado perante qualquer autoridade. 3. A lei define e assegura a adequada protecção do segredo de justiça. 4. Todos têm direito a que uma causa em que intervenham seja objecto de decisão em prazo razoável e mediante processo equitativo. 5. Para defesa dos direitos, liberdades e garantias pessoais, a lei assegura aos cidadãos procedimentos judiciais caracterizados pela celeridade e prioridade, de modo a obter tutela efectiva e em tempo útil contra ameaças ou violações desses direitos. Artigo 29.º (Aplicação da lei criminal) 1. Ninguém pode ser sentenciado criminalmente senão em virtude de lei anterior que declare punível a acção ou a omissão, nem sofrer medida de segurança cujos pressupostos não estejam fixados em lei anterior. 2. O disposto no número anterior não impede a punição, nos limites da lei interna, por acção ou omissão que no momento da sua prática seja considerada criminosa segundo os princípios gerais de direito internacional comummente reconhecidos. 3. Não podem ser aplicadas penas ou medidas de segurança que não estejam expressamente cominadas em lei anterior. 4. Ninguém pode sofrer pena ou medida de segurança mais graves do que as previstas no momento da correspondente conduta ou da verificação dos respectivos pressupostos, aplicando-se retroactivamente as leis penais de conteúdo mais favorável ao arguido. 5. Ninguém pode ser julgado mais do que uma vez pela prática do mesmo crime. 6. Os cidadãos injustamente condenados têm direito, nas condições que a lei prescrever, à revisão da sentença e à indemnização pelos danos sofridos. Artigo 203.º (Independência) Os tribunais são independentes e apenas estão sujeitos à lei.

Article 20 (Access to law and effective judicial protection) (1) Everyone is guaranteed access to the law and the courts in order to defend those of his rights and interests that are protected by law, and justice may not be denied to anyone due to lack of sufficient financial means. (2) Subject to the terms of the law, everyone has the right to legal information and advice, to legal counsel and to be accompanied by a lawyer before any authority. (3) The law shall define and ensure adequate protection of the secrecy of legal proceedings. (4) Everyone has the right to secure a decision in any suit in which he is intervening, within a reasonable time limit and by means of fair process. (5) For the purpose of defending the personal rights, freedoms and guarantees and in such a way as to secure effective and timely judicial protection against threats thereto or breaches thereof, the law shall ensure citizens judicial proceedings that are characterised by their swiftness and by the attachment of priority to them. Article 29 (Application of criminal law) (1) No one may be sentenced under the criminal law unless the action or omission in question is punishable under a pre-existing law, nor may any person be the object of a security measure unless the prerequisites therefore are laid down by a pre-existing law. (2) The provisions of the previous paragraph do not preclude the punishment up to the limits laid down by internal Portuguese law of an action or omission which was deemed criminal under the general principles of international law that were commonly recognised at the moment of its commission. (3) No sentence or security measure may be applied unless it is expressly sanctioned by a pre-existing law. (4) No one may be the object of a sentence or security measure that is more severe than those provided for at the moment of the conduct in question, or at that at which the prerequisites for the application of such a measure were fulfilled, while criminal laws whose content is more favourable to the accused person shall be applied retroactively. (5) No one may be tried more than once for commission of the same crime. (6) Citizens who are unjustly convicted have the right to the review of their sentences and to compensation for the damages they have suffered, as laid down by law. Article 203 (Independence) The courts are independent and subject only to the law.

Article 451. Everyone shall have the right to a fair and public hearing of his case, without undue delay, before a competent, impartial and independent court.2. Exceptions to the public nature of hearings may be made for reasons of morality, State security, public order or protection of the private life of a party, or other important private interest. Judgments shall be announced publicly.Article 771. Everyone shall have the right to compensation for any harm done to him by any action of an organ of public authority contrary to law.2. Statutes shall not bar the recourse by any person to the courts in pursuit of claims alleging infringement of freedoms or rights.

Article 45.1. Everyone shall have the right to a fair and public hearing of his case, without undue delay, before a competent, impartial and independent court.2. Exceptions to the public nature of hearings may be made for reasons of morality, State security, public order or protection of the private life of a party, or other important private interest. Judgments shall be announced publicly.Article 77.1. Everyone shall have the right to compensation for any harm done to him by any action of an organ of public authority contrary to law.2. Statutes shall not bar the recourse by any person to the courts in pursuit of claims alleging infringement of freedoms or rights.

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1. Without prejudice to the obligation of Member States to respect and protect human dignity, Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any:

(a) incitement to violence or hatred directed against a group of persons or a member of a group based on any of the grounds referred to in Article 21 of the Charter;

(b) public provocation to commit a terrorist offence as set out in Article 5 of Directive (EU) 2017/541.

2. The measures taken for the purposes of this Article shall be necessary and proportionate and shall respect the rights and observe principles set out in the Charter.’;

Article 28b

(b) the general public from programmes, user-generated videos and audiovisual commercial communications containing incitement to violence or hatred directed against a group of persons or a member of a group based on any of the grounds referred to in Article 21 of the Charter;

Respect for the Charter

1. All operations shall be selected and implemented while respecting the Charter of Fundamental Rights of the European Union (the ‘Charter’) and in accordance with the relevant provisions of Regulation (EU) 2021/1060.

2. In accordance with Article 69(7) of Regulation (EU) 2021/1060, Member States shall ensure the effective examination of complaints. This is without prejudice to the general possibility of citizens and stakeholders to address complaints to the Commission, including with regard to infringements of the Charter.

3. Where the Commission finds that there has been an infringement of the Charter, the Commission shall take into account the gravity of the infringement in its determination of the corrective measures to be applied in line with the relevant provisions of Regulation (EU) 2021/1060.

(24) Where an institution does not present an adequate recovery plan, competent authorities should be empowered to require that institution to take measures necessary to redress the material deficiencies of the plan. That requirement may affect the freedom to conduct a business as guaranteed by Article 16 of the Charter. The limitation of that fundamental right is however necessary to meet the objectives of financial stability. More specifically, such a limitation is necessary in order to strengthen the business of institutions and avoid institutions growing excessively or taking excessive risks without being able to tackle setbacks and losses and to restore their capital base. The limitation is proportionate because it permits preventative action to the extent that it is necessary to address the deficiencies and therefore complies with Article 52 of the Charter.

(49) The limitations on the rights of shareholders and creditors should be in accordance with Article 52 of the Charter. The resolution tools should therefore be applied only to those institutions that are failing or likely to fail, and only when it is necessary to pursue the objective of financial stability in the general interest. In particular, resolution tools should be applied where the institution cannot be wound up under normal insolvency proceedings without destabilising the financial system and the measures are necessary in order to ensure the rapid transfer and continuation of systemically important functions and where there is no reasonable prospect for any alternative private solution, including any increase of capital by the existing shareholders or by any third party sufficient to restore the full viability of the institution. In addition, when applying resolutions tools and exercising resolution powers, the principle of proportionality and the particularities of the legal form of an institution should be taken into account.

(88) In accordance with Article 47 of the Charter, the parties concerned have a right to due process and to an effective remedy against the measures affecting them. Therefore, the decisions taken by the resolution authorities should be subject to a right of appeal.

Subject matter and scope

1. This Regulation lays down uniform rules to address the misuse of hosting services for the dissemination to the public of terrorist content online, in particular on:

(a) reasonable and proportionate duties of care to be applied by hosting service providers in order to address the dissemination to the public of terrorist content through their services and ensure, where necessary, the expeditious removal of or disabling of access to such content;

(b) the measures to be put in place by Member States, in accordance with Union law and subject to suitable safeguards to protect fundamental rights, in particular the freedom of expression and information in an open and democratic society, in order to:

(i) identify and ensure the expeditious removal of terrorist content by hosting service providers; and

(ii) facilitate cooperation among the competent authorities of Member States, hosting service providers and, where appropriate, Europol.

2. This Regulation applies to hosting service providers offering services in the Union, irrespective of their place of main establishment, insofar as they disseminate information to the public.

3. Material disseminated to the public for educational, journalistic, artistic or research purposes or for the purposes of preventing or countering terrorism, including material which represents an expression of polemic or controversial views in the course of public debate, shall not be considered to be terrorist content. An assessment shall determine the true purpose of that dissemination and whether material is disseminated to the public for those purposes.

4. This Regulation shall not have the effect of modifying the obligation to respect the rights, freedoms and principles referred to in Article 6 TEU and shall apply without prejudice to fundamental principles relating to freedom of expression and information, including freedom and pluralism of the media.

5. This Regulation shall be without prejudice to Directives 2000/31/EC and 2010/13/EU. For audiovisual media services as defined in point (a) of Article 1(1) of Directive 2010/13/EU, Directive 2010/13/EU shall prevail.

(73) This Regulation respects fundamental rights and observes the principles recognised in the Charter, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the principle of non-discrimination and the right to an effective remedy and to a fair trial. This Regulation should be applied by the courts and other competent authorities of the Member States in compliance with those rights and principles.

Subject matter

1. This Regulation lays down the rules under which an authority of a Member State, in criminal proceedings, may issue a European Production Order or a European Preservation Order and thereby order a service provider offering services in the Union and established in another Member State, or, if not established, represented by a legal representative in another Member State, to produce or to preserve electronic evidence regardless of the location of the data. This Regulation is without prejudice to the powers of national authorities to address service providers established or represented on their territory for the purpose of ensuring that they comply with national measures similar to those referred to in the first subparagraph.

2. The issuing of a European Production Order or of a European Preservation Order may also be requested by a suspect or an accused person, or by a lawyer on that person’s behalf within the framework of applicable defence rights in accordance with national criminal procedural law.

3. This Regulation shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles as enshrined in the Charter and in Article 6 TEU, and any obligations applicable to law enforcement authorities or judicial authorities in this respect shall remain unaffected. This Regulation applies without prejudice to fundamental principles, in particular the freedom of expression and information, including the freedom and pluralism of the media, respect for private and family life, the protection of personal data, as well as the right to effective judicial protection.

This Directive aims to achieve a more balanced representation of women and men among the directors of listed companies by establishing effective measures that aim to accelerate progress towards gender balance, while allowing listed companies sufficient time to make the necessary arrangements for that purpose.

The purpose of this Directive is to enhance the enforcement of Union law and policies in specific areas by laying down common minimum standards providing for a high level of protection of persons reporting breaches of Union law.

Risk assessment

1. Providers of very large online platforms and of very large online search engines shall diligently identify, analyse and assess any systemic risks in the Union stemming from the design or functioning of their service and its related systems, including algorithmic systems, or from the use made of their services.

They shall carry out the risk assessments by the date of application referred to in Article 33(6), second subparagraph, and at least once every year thereafter, and in any event prior to deploying functionalities that are likely to have a critical impact on the risks identified pursuant to this Article. This risk assessment shall be specific to their services and proportionate to the systemic risks, taking into consideration their severity and probability, and shall include the following systemic risks:

(b) any actual or foreseeable negative effects for the exercise of fundamental rights, in particular the fundamental rights to human dignity enshrined in Article 1 of the Charter, to respect for private and family life enshrined in Article 7 of the Charter, to the protection of personal data enshrined in Article 8 of the Charter, to freedom of expression and information, including the freedom and pluralism of the media, enshrined in Article 11 of the Charter, to non-discrimination enshrined in Article 21 of the Charter, to respect for the rights of the child enshrined in Article 24 of the Charter and to a high-level of consumer protection enshrined in Article 38 of the Charter;

1. This Directive lays down rules concerning the right to interpretation and translation in criminal proceedings and proceedings for the execution of a European arrest warrant.

2. The right referred to in paragraph 1 shall apply to persons from the time that they are made aware by the competent authorities of a Member State, by official notification or otherwise, that they are suspected or accused of having committed a criminal offence until the conclusion of the proceedings, which is understood to mean the final determination of the question whether they have committed the offence, including, where applicable, sentencing and the resolution of any appeal.

3. Where the law of a Member State provides for the imposition of a sanction regarding minor offences by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed to such a court, this Directive shall apply only to the proceedings before that court following such an appeal.

4. This Directive does not affect national law concerning the presence of legal counsel during any stage of the criminal proceedings, nor does it affect national law concerning the right of access of a suspected or accused person to documents in criminal proceedings.

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Charter case studies - trainer's manual, fundamental rights report 2022 – fra opinions, encouraging hate crime reporting - the role of law enforcement and other authorities, strong and effective national human rights institutions: challenges, promising practices and opportunities - summary, strong and effective national human rights institutions – challenges, promising practices and opportunities, fundamental rights report 2020 – fra opinions, protecting civil society – update 2023, fundamental rights implications for the eu of the war in ukraine, fundamental rights report 2023 - fra opinions, fundamental rights report 2023.

Constitution of India

Duty of the State to raise the level of nutrition and the standard of living and to improve public health

The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Article 38, Draft Constitution of India 1948

The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.

Article 47, Constitution of India 1950

Draft Article 38 (Article 47) was debated on 23 and 24 November 1948 . It imposed an obligation on the state to improve public health, nutrition, and the standard of living.

A member moved  to expand the scope of the Draft Article by inserting the sentence: ‘ and shall endeavour to bring about the prohibition of the consumption of intoxicating drinks and drugs which are injurious to health ‘. Another member agreed with the spirit of the amendment, but proposed that the words ‘ except for medicinal purposes ‘ be included in the Draft Article.

The debates in the Assembly were based on these two amendments.

One member in favour of the amendment argued that it made economic sense, as the loss of revenue caused by the ‘ increase of crime, disease and the loss of efficiency ‘ was three times higher than the loss of revenue earned from the sale of alcohol. Another contended that working class and Dalit families would benefit the most from a ban, claiming that these communities spent a substantial amount of their wages on liquor.

However, another member offered several arguments against the adoption of the two amendments. He argued that similar prohibitions in both America and Madras had proven unsuccessful and expensive: many people continued to consume alcohol, while the state incurred extra costs to incarcerate those who broke the ban. Moreover, he contended that prohibition infringed on the personal liberty of citizens. A member from the Adivasi community argued that a ban on alcohol could be used to infringe the religious rights of Adivasis, citing the religious significance attached to the consumption of rice beer.

The Chairman of the Drafting Committee responded to these arguments by reminding the Assembly that the article was a part of the non-justiciable Directive Principles of State Policy, and as such were not legally binding. With regard to the objection raised by the member from the Adivasi community, he noted that the Sixth Schedule of the Constitution guaranteed that no law could be enforced in tribal areas without consulting with District and Regional Tribal Boards.

The Assembly accepted both amendments, and the Draft Article was adopted on 24 November 1948.

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The Directive Principles of State Policy – Article 47

Articles 47 includes the Directive Principles of State Policy. These principles serve as a guide for the government to develop policies and programmes.

Table of Content

The Directive Principles of State Policy are a set of guidelines that the Indian Constitution lays out for the government to follow. These principles are meant to promote social and economic justice, as well as democracy and secularism. Article 47 of the Constitution list these directives in detail. In this blog post, we will discuss what each directive means for you and your business. Let’s get started!

Explain Directive Principles of State Policy- Articles 47

The Directive Principles of State Policy are enshrined in the Indian Constitution under Articles 47. These principles guide the government in formulating policies and programmes that aim to improve the lives of all citizens.

Key directives of Article 47

Some of the key directives include:

– Prohibition of toxic drugs and drinks 

– Promoting healthy life for the citizen of the nation -raise the level of nutrition and standard of living

Article 47 lays out the need to adopt a healthier lifestyle by prohibiting intoxicating drugs and drinks. However, this article has faced a lot of criticism and is debatable to the citizens of the nation. 

These principles are not just empty promises- the government is obligated to take steps to implement them. The courts can also step in if they feel that the government is not doing enough to uphold the Directive Principles. However, Directive Principles are not legally enforced. 

What does this mean for you?

The Directive Principles of State Policy are a reminder that the government is accountable to its citizens. If you feel that your rights are being violated or that the government is not doing enough to improve your life, you can file a petition in court. However, keep in mind that Directive Principles of State Policy are not legally bound. Also, the articles under Directive Principles of State Policy are debatable and criticised by my economists. 

Article 47 of Directive Principles of State Policy in detail

The Directive Principles of State Policy enumerate the fundamental principles that should guide the formulation and implementation of the policy by the government. They are not enforceable in a court of law, but they provide an important framework for assessing the legality and propriety of government action.

Article 47 enshrines the principle of social justice, which requires the government to take steps to ensure that all people have access to a better and healthier life. This includes ensuring the prohibition of every intoxicating substance and stopping their production and import.

Article 47 is one of the most important articles in the Constitution, as it sets out the principles that should guide all government action. It is essential reading for anyone who wants to understand how India’s Constitution works, and what it means for you.

Impacts of Article 47

The Directive Principles of State Policy Articles 47 affects every Indian citizen. This article creates a huge conflict of interest among the citizens of the nation. The article demands the centre to prohibit intoxicating substances such as drinks and drugs. However, people of the country state different opinions and criticisms on the same. 

Conclusion 

The Directive Principles of State Policy are a set of guidelines that the Indian government has put in place to help guide the country’s social and economic development. While they are not legally binding, they provide a framework for policymakers to follow as India strives to become a more equitable and prosperous nation. For students, understanding these principles can give you an idea of what the government is working towards and how it may impact your life. It can also help you better understand current events as they unfold in India. So far, we have looked at six of the nine principles. In our next post, we will explore the last three principles and discuss their implications for Indian society.

Frequently asked questions

Get answers to the most common queries related to the NDA Examination Preparation.

What are the Directive Principles of State Policy?

What is the purpose of the directive principles of state policy, what are the articles under directive principles of state policy, what are some of the criticism about the directive principles of state policy.

Ans. The Directive Principles of State Policy are a set of 36 principles that serve as the guidelines for the government of India. They were laid out in Part IV of the Indian Constitution and came into effect on January 26th, 1950.

Ans. The Directive Principles of State Policy were included in the Indian Constitution as a means of ensuring that the government would act in accordance with the wishes of the people. They are intended to serve as a guide for the government in its decision-making process and to provide a framework for social and economic justice.

Ans : Directive Principles of State Policy includes Article 36 to Article 51 under the Constitution of India, Part IV. Article 47 of the Indian Constitution deals with the Directive Principles of State Policy. It lays out a number of specific directives that the government should adhere to in order to promote a healthier lifestyle. These include the ban on drugs and toxic drinks that can harm the health of the citizens of the nation in long run. This article promotes adopting a lifestyle that is healthier and intoxication free. 

Ans :Economists and experts have various opinions about the Directive Principles of State Policy. Some find them in favour of the citizens of the country while others have some criticisms to offer. This include: 

• Experts believe that the articles under Directive Principles of State Policy are illogically arranged. 
• Since the Directive Principles of State Policy are not legally enforced. This result in no strict adaption of these articles. 
• Some also believe that these principles are conservative in nature. They are not relevant and easily adaptable by the current generation. Directive Principles are cautious and hence are not implemented on a serious level. 

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Home » Title III » Chapter 5 » Article 47

Article 47 Derogation from conformity assessment procedure

• By way of derogation from Article 43, any market surveillance authority may authorise the placing on the market or putting into service of specific high-risk AI systems within the territory of the Member State concerned, for exceptional reasons of public security or the protection of life and health of persons, environmental protection and the protection of key industrial and infrastructural assets. That authorisation shall be for a limited period of time, while the necessary conformity assessment procedures are being carried out, and shall terminate once those procedures have been completed. The completion of those procedures shall be undertaken without undue delay.
• The authorisation referred to in paragraph 1 shall be issued only if the market surveillance authority concludes that the high-risk AI system complies with the requirements of Chapter 2 of this Title. The market surveillance authority shall inform the Commission and the other Member States of any authorisation issued pursuant to paragraph 1.
• Where, within 15 calendar days of receipt of the information referred to in paragraph 2, no objection has been raised by either a Member State or the Commission in respect of an authorisation issued by a market surveillance authority of a Member State in accordance with paragraph 1, that authorisation shall be deemed justified.
• Where, within 15 calendar days of receipt of the notification referred to in paragraph 2, objections are raised by a Member State against an authorisation issued by a market surveillance authority of another Member State, or where the Commission considers the authorisation to be contrary to Union law or the conclusion of the Member States regarding the compliance of the system as referred to in paragraph 2 to be unfounded, the Commission shall without delay enter into consultation with the relevant Member State; the operator(s) concerned shall be consulted and have the possibility to present their views. In view thereof, the Commission shall decide whether the authorisation is justified or not. The Commission shall address its decision to the Member State concerned and the relevant operator or operators.
• If the authorisation is considered unjustified, this shall be withdrawn by the market surveillance authority of the Member State concerned.
• By way of derogation from paragraphs 1 to 5, for high-risk AI systems intended to be used as safety components of devices, or which are themselves devices, covered by Regulation (EU) 2017/745 and Regulation (EU) 2017/746, Article 59 of Regulation (EU) 2017/745 and Article 54 of Regulation (EU) 2017/746 shall apply also with regard to the derogation from the conformity assessment of the compliance with the requirements set out in Chapter 2 of this Title.

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Article 47 GDPR. Binding corporate rules

1. The competent supervisory authority shall approve binding corporate rules in accordance with the consistency mechanism set out in Article 63, provided that they:

Article 63 GDPR. Consistency mechanism

In order to contribute to the consistent application of this Regulation throughout the Union, the supervisory authorities shall cooperate with each other and, where relevant, with the Commission, through the consistency mechanism as set out in this Section.

(a)  are legally binding and apply to and are enforced by every member concerned of the group of undertakings, or group of enterprises engaged in a joint economic activity, including their employees;

(b)  expressly confer enforceable rights on data subjects with regard to the processing of their personal data ; and

(c)  fulfil the requirements laid down in paragraph 2.

2. The binding corporate rules referred to in paragraph 1 shall specify at least:

(a)  the structure and contact details of the group of undertakings, or group of enterprises engaged in a joint economic activity and of each of its members;

(b)  the data transfers or set of transfers, including the categories of personal data , the type of processing and its purposes, the type of data subjects affected and the identification of the third country or countries in question;

(c)  their legally binding nature, both internally and externally;

(d)  the application of the general data protection principles, in particular purpose limitation, data minimisation, limited storage periods, data quality, data protection by design and by default, legal basis for processing , processing of special categories of personal data , measures to ensure data security, and the requirements in respect of onward transfers to bodies not bound by the binding corporate rules;

Guidelines 4/2019 on Article 25 Data Protection by Design and by Default Version 2.0.

3.4 Purpose Limitation [34]

[34] The Article 29 Working Party provided guidance for the understanding of the principle of purpose limitation under Directive 95/46/EC. Although the Opinion is not adopted by the EDBP, it may still be relevant as the wording of the principle is the same under the GDPR. Article 29 Working Party. “Opinion 03/2013 on purpose limitation”. WP 203, 2 April 2013. ec.europa.eu/justice/article-29/documentation/opinion- recommendation/files/2013/wp203_en.pdf

71. The controller must collect data for specified, explicit, and legitimate purposes, and not further process the data in a manner that is incompatible with the purposes for which they were collected.[35] The design of the processing should therefore be shaped by what is necessary to achieve the purposes. If any further processing is to take place, the controller must first make sure that this processing has purposes compatible with the original ones and design such processing accordingly. Whether a new purpose is compatible or not, shall be assessed according to the criteria in Article 6(4).

[35] Art. 5.1.b GDPR

(e)  the rights of data subjects in regard to processing and the means to exercise those rights, including the right not to be subject to decisions based solely on automated processing, including profiling in accordance with Article 22, the right to lodge a complaint with the competent supervisory authority and before the competent courts of the Member States in accordance with Article 79, and to obtain redress and, where appropriate, compensation for a breach of the binding corporate rules;

Article 22 GDPR. Automated individual decision-making, including profiling

Article 79 GDPR. Right to an effective judicial remedy against a controller or processor

1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation.

2. Proceedings against a controller or a processor shall be brought before the courts of the Member State where the controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the controller or processor is a public authority of a Member State acting in the exercise of its public powers.

(f)  the acceptance by the controller or processor established on the territory of a Member State of liability for any breaches of the binding corporate rules by any member concerned not established in the Union; the controller or the processor shall be exempt from that liability, in whole or in part, only if it proves that that member is not responsible for the event giving rise to the damage;

(g)  how the information on the binding corporate rules, in particular on the provisions referred to in points (d), (e) and (f) of this paragraph is provided to the data subjects in addition to Articles 13 and 14;

Article 13 GDPR. Information to be provided where personal data are collected from the data subject

Article 14 GDPR. Information to be provided where personal data have not been obtained from the data subject

(h)  the tasks of any data protection officer designated in accordance with Article 37 or any other person or entity in charge of the monitoring compliance with the binding corporate rules within the group of undertakings, or group of enterprises engaged in a joint economic activity, as well as monitoring training and complaint-handling;

Article 37 GDPR. Designation of the data protection officer

(i)  the complaint procedures;

(j)  the mechanisms within the group of undertakings, or group of enterprises engaged in a joint economic activity for ensuring the verification of compliance with the binding corporate rules. Such mechanisms shall include data protection audits and methods for ensuring corrective actions to protect the rights of the data subject. Results of such verification should be communicated to the person or entity referred to in point (h) and to the board of the controlling undertaking of a group of undertakings, or of the group of enterprises engaged in a joint economic activity, and should be available upon request to the competent supervisory authority;

(k)  the mechanisms for reporting and recording changes to the rules and reporting those changes to the supervisory authority;

(l)  the cooperation mechanism with the supervisory authority to ensure compliance by any member of the group of undertakings, or group of enterprises engaged in a joint economic activity, in particular by making available to the supervisory authority the results of verifications of the measures referred to in point (j);

(m)  the mechanisms for reporting to the competent supervisory authority any legal requirements to which a member of the group of undertakings, or group of enterprises engaged in a joint economic activity is subject in a third country which are likely to have a substantial adverse effect on the guarantees provided by the binding corporate rules; and

(n)  the appropriate data protection training to personnel having permanent or regular access to personal data .

3. The Commission may specify the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules within the meaning of this Article. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2).

Article 93 GDPR. Committee procedure

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). Source: EUR-lex.

ISO/IEC 27002 guidance for PII controllers.

Here is the relevant paragraph to article 47 GDPR:

7.5.1 Identify basis for PII transfer between jurisdictions

The organization should identify and document the relevant basis for transfers of PII between jurisdictions.

Implementation guidance

PII transfer can be subject to legislation and/or regulation depending on the jurisdiction or international organization to which data is to be transferred (and from where it originates).

Sign in to read the full text

(110) A group of undertakings, or a group of enterprises engaged in a joint economic activity, should be able to make use of approved binding corporate rules for its international transfers from the Union to organisations within the same group of undertakings, or group of enterprises engaged in a joint economic activity, provided that such corporate rules include all essential principles and enforceable rights to ensure appropriate safeguards for transfers or categories of transfers of personal data.

Article 29 Working Party, Explanatory Document on the Processor Binding Corporate Rules (2015).

Article 29 Working Party, Working Document Setting Forth a Co-Operation Procedure for the Approval of “Binding Corporate Rules” for Controllers and Processors Under the GDPR (2018).

Article 29 Working Party, Recommendation on the Standard Application for Approval of Controller Binding Corporate Rules for the Transfer of Personal Data (2018).

Article 29 Working Party, Recommendation on the Standard Application form for Approval of Processor Binding Corporate Rules for the Transfer of Personal Data (2018).

Article 29 Working Party, Working Document Setting Up a Table with the Elements and Principles to Be Found in Binding Corporate Rules , no. WP 256 rev. 01 (2018).

Article 29 Working Party, Working Document Setting Up a Table with the Elements and Principles to Be Found in Binding Corporate Rules , no. WP 257 rev. 01 (2018).

CJEU,  Data Protection Commissioner/Facebook Ireland Ltd and Schrems , C-311/18 (2020).

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• Article 47: Specific Restrictions On Authority To Express The Consent Of A State

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Article 47 envisages a situation where, the authority of a representative to express the consent of a State to be bound by a particular treaty has been made subject to a specific restriction. Where a State representative, when expressing the consent of a State to be bound by a treaty, ostensibly has full powers but fails to observe restrictions imposed by that State, a conflict of interests arises: the other State wishes bona fide to implement the treaty, whereas the representative's State is confronted with a treaty which, it did not wish to conclude. Article 47 relates to a situation where the representative has not been furnished with the necessary authority. Invalidity may not be invoked where notification takes place after consent to be bound has been expressed. Modern technology allows for rapid communication between States, enabling them to confirm the full powers of each other's representatives almost instantaneously.

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Commentary on the 1969 vienna convention on the law of treaties.

• Public International Law

Table of Contents

• Preliminary Material
• Issues Of Customary International Law
• History Of The Convention
• Article 1: Scope Of The Present Convention
• Article 2: Use Of Terms
• Article 3: International Agreements Not Within The Scope Of The Present Convention
• Article 4: Non-Retroactivity Of The Convention
• Article 5: Treaties Constituting International Organisations And Treaties Adopted Within International Organisations
• Article 6: Capacity Of States To Conclude Treaties
• Article 7: Full Powers
• Article 8: Subsequent Confirmation Of An Act Performed Without Authorisation
• Article 9: Adoption Of The Text
• Article 10: Authentication Of The Text
• Article 12: Consent To Be Bound - A Treaty Expressed Signature
• Article 13: Consent To Be Bound By A Treaty Expressed By An Exchange Of Instruments Constituting A Treaty
• Article 14: Consent To Be Bound By A Treaty Expressed By Ratification, Acceptance Or Approval
• Article 15: Consent To Be Bound - A Treaty Expressed Accession
• Article 15: Declaration On Universal Participation In The Vienna Convention On The Law Of Treaties
• Article 16: Exchange Or Deposit Of Instruments Of Ratification, Acceptance, Approval Or Acceptanc
• Article 17: Consent To Be Bound - Part Of A Treaty Choice Of Differing Provisions
• Article 18: Obligation Not To Defeat The Object And Purpose Of A Treaty Prior To Its Entry Into Force
• Article 19: Formulation Of Reservations
• Article 20: Acceptance Of And Objections To Reservations
• Article 21: Legal Effects Of Reservations And Of Objections To Reservations
• Article 22: Withdrawal Of Reservations And Of Objections To Reservations
• Article 23: Procedure Regarding Reservations
• Article 19-23: Subsequent Developments
• Article 24: Entry Into Force
• Article 25: Provisional Application
• Article 26: Pacta Sunt Servanda
• Article 27: Internal Law And Observance Of Treaties
• Article 28: Non-Retroactivity Of Treaties
• Article 29: Territorial Scope Of Treaties
• Article 30: Application Of Successive Treaties Relating To The Same Subject-Matter
• Article 31: General Rule Of Interpretation
• Article 32: Supplementary Means Of Interpretation
• Article 33: Interpretation Of Treaties Authenticated In Two Or More Languages
• Article 34: General Rule Regarding Third States
• Article 35: Treaties Providing For Obligations For Third States
• Article 36: Treaties Providing For Rights For Third States
• Article 37: Revocation Or Modification Of Obligations Or Rights Of Third States
• Article 38: Rules In A Treaty Becoming Binding On Third States Through International Custom
• Article 39: General Rule Regarding The Amendment Of Treaties
• Article 40: Amendment Of Multilateral Treaties
• Article 41: Agreements To Modify Multilateral Treaties Between Certain Of The Parties Only
• Article 42: Validity And Continuance In Force Of Treaties
• Article 43: Obligations Imposed By International Law Independently Of A Treaty
• Article 44: Separability Of Treaty Provisions
• Article 45: Loss Of A Right To Invoke A Ground For Invalidating, Terminating, Withdrawing Fromor Suspending The Operation Of A Treaty
• Article 46: Provisions Of Internal Law Regarding Competence To Conclude Treaties
• Article 48: Error
• Article 49: Fraud
• Article 50: Corruption Of A Representative Of A State
• Article 51: Coercion Of A Representative Of A State
• Article 52: Coercion Of A State By The Threat Or Use Of Force
• Article 52: Declaration On The Prohibition Of Military, Political Or Economic Coercion In The Conclusion Of Treaties
• Article 52: Resolution Relating To The Declaration On The Prohibition Of Military, Political Or Economic Coercion In The Conclusion Of Treaties
• Article 53: Treaties Conflicting With A Peremptory Norm Of General International Law (Juscogens)
• Article 54: Termination Of Or Withdrawal From A Treaty Under Its Provisions Or By Consent Of The Parties
• Article 55: Reduction Of The Parties To A Multilateral Treaty Below The Number Necessary For Its Entry Into Force
• Article 56: Denunciation Of Or Withdrawal From A Treaty Containing No Provision Regarding Termination, Denunciation Or Withdrawal
• Article 57: Suspension Of The Operation Of A Treaty Under Its Provisions Or By Consent Of The Parties
• Article 58: Suspension Of The Operation Of A Multilateral Treaty By Agreement Between Certain Of The Parties Only
• Article 59: Termination Or Suspension Of The Operation Of A Treaty Implied By Conclusion Of A Later Treaty
• Article 60: Termination Or Suspension Of The Operation Of A Treaty As A Consequence Of Its Breach
• Article 61: Supervening Impossibility Of Performance
• Article 62: Fundamental Change Of Circumstances
• Article 63: Severance Of Diplomatic Or Consular Relations
• Article 64: Emergence Of A New Peremptory Norm Of General International Law (Jus Cogens)
• Article 65: Procedure To Be Followed With Respect To Invalidity, Termination, Withdrawal From Or Suspension Of The Operation Of A Treaty
• Article 66: Procedures For Judicial Settlement, Arbitration And Conciliation
• Article 67: Instruments For Declaring Invalid, Terminating, Withdrawing From Or Suspending The Operation Of A Treaty
• Article 68: Revocation Of Notifications And Instruments Provided For In Articles 65 And 67
• Article 69: Consequences Of The Invalidity Of A Treaty
• Article 70: Consequences Of The Termination Of A Treaty
• Article 71: Consequences Of The Invalidity Of A Treaty Which Conflicts With A Peremptory Norm Of General International Law
• Article 72: Consequences Of The Suspension Of The Operation Of A Treaty
• Article 73: Cases Of State Succession, State Responsibility And Outbreak Of Hostilities
• Article 74: Diplomatic And Consular Relations And The Conclusion Of Treaties
• Article 75: Case Of An Aggressor State
• Article 76: Depositaries Of Treaties
• Article 77: Functions Of Depositaries
• Article 78: Notifications And Communications
• Article 79: Correction Of Errors In Texts Or In Certified Copies Of Treaties
• Article 80: Registration And Publication Of Treaties
• Article 81: Signature
• Article 82: Ratification
• Article 83: Accession
• Article 84: Entry Into Force
• Article 85: Authentic Texts
• Final Act Of The United Nations Conference On The Law Of Treaties
• Status Of The Convention
• Reservations And Declarations To The Convention And Objections Thereto
• Bibliography
• Table Of Cases
• Submissions - States

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