31As is apparent from recital 33 of that directive, the right of suspects or of accused persons to be present at the trial is based on the right to a fair trial, enshrined in Article 6 ECHR, which corresponds, as stated in the Explanations relating to the Charter of Fundamental Rights (OJ 2007 C 303, p. 17), to the second and third paragraphs of Article 47 of the Charter of Fundamental Rights, as well as Article 48 thereof. The Court must, accordingly, ensure that its interpretation of the latter provisions ensures a level of protection which does not disregard that guaranteed by Article 6 ECHR, as interpreted by the European Court of Human Rights (see, to that effect, judgment of 29 July 2019, Gambino and Hyka, C‑38/18, EU:C:2019:628, paragraph 39 and the case-law cited).
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