Traduction de «Droit fondamental à l'équité procédurale » (Français → Anglais) :

The Applicant submits seven grounds of challenge concerning infringement of an essential procedural requirement, as well as infringement of the Treaties and of rules of law relating to their application: violation of the right of hearing; insufficient statement of reasons; violation of the right of defence; manifest error of assessment; breach of the fundamental principle of proportionality; breach of the fundamental principle of equal treatment and nondiscrimination; and breach of the fundamental right to property.

they relate to the exercise of the fundamental right of a client to a fair trial, including the right of defence in administrative proceedings, such as activities carried out by lawyers or by any other professionals involved therein.

For the latter, the right to use its language in a legal proceeding is more than merely the right to procedural fairness and natural justice.

activities concerning the provision of legal and other professional advice, in so far as they relate to the exercise of the fundamental right of a client to a fair trial, including the right of defence in administrative proceedings, such as carried out by lawyers or by any other professionals involved therein.

Calls on the Commission to check carefully in order to ascertain that laws and practices in force in individual Member States do not violate the rights conferred on Union citizens by the EC Treaty and the Free Movement Directive, especially as regards the concepts of ‘sufficient resources’, ‘an unreasonable burden on the social assistance system of the host Member State’, ‘serious grounds of public policy or public security’, and ‘imperative grounds of public security’; calls on the Commission, in addition, to ascertain that there are procedural safeguards operating at the practical level, together with legal protection arrangements and ...[+++] the possibility of appealing to the courts against removal measures; points out that any restriction on the fundamental right to free movement must be interpreted in a narrow sense;

- activities concerning legal and other professional advice, in so far as they relate to the exercise of the fundamental right to a fair trial of a client, including the right of defence in administrative proceedings, such as carried out by lawyers or by any other professionals involved therein;