Proceedings brought by W.Ż (C-487/19)

Judgment of 6 Oct 2021

law://eu/cjeu/2019/c-487-19/para_123@2026-11-12

123Moreover, in so far as the Charter sets out rights corresponding to rights guaranteed under the ECHR, Article 52(3) of the Charter is intended to ensure the necessary consistency between the rights contained in the Charter and the corresponding rights guaranteed under the ECHR, without thereby adversely affecting the autonomy of EU law. According to the Explanations relating to the Charter of Fundamental Rights (OJ 2007 C 303, p. 17), the second paragraph of Article 47 of the Charter corresponds to Article 6(1) ECHR. The Court must, therefore, ensure that the interpretation which it gives to the second paragraph of Article 47 of the Charter safeguards a level of protection which does not fall below the level of protection established in Article 6(1) ECHR, as interpreted by the European Court of Human Rights (see, to that effect, judgments of 29 July 2019, Gambino and Hyka, C‑38/18, EU:C:2019:628, paragraph 39 and the case-law cited, and of 26 March 2020, Review Simpson v Council and HG v Commission, C‑542/18 RX-II and C‑543/18 RX-II, EU:C:2020:232, paragraph 72).

Proceedings brought by W.Ż (C-487/19)

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