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Under the Charter of Fundamental Rights and the Treaties, which statement accurately describes the legal framework governing the right to an effective remedy and judicial independence when a dispute falls within the scope of European Union law? A Member States are obliged to provide remedies sufficient to ensure effective legal protection, with judicial independence serving as the overarching element guaranteeing the right to a fair trial before a tribunal previously established by law. B The application of fair trial guarantees is subject to the ordinary legislative procedure under Article 294 TFEU, requiring unanimous Council decisions to override national judicial appointment rules. C The European Commission exercises exclusive competence to review national judicial independence and may directly disapply domestic legislation that fails to meet the standard of a tribunal established by law. D The Charter’s binding force prior to the Lisbon Treaty automatically granted the Court of Justice direct authority to invalidate domestic judicial appointment procedures without national court referral.
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