Article 41 - Right to good administration
Article 47 - Right to an effective remedy and to a fair trial
30. Since the referring court referred in its first question to the right to be heard in relation to Article 41 of the Charter, it must be recalled that, in accordance with the Court’s settled case-law, observance of the rights of the defence is a fundamental principle of EU law, in which the right to be heard in all proceedings is inherent (the judgments in Kamino International Logistics, C‑129/13, EU:C:2014:2041, paragraph 28, and Mukarubega, EU:C:2014:2336, paragraph 42).
31. The right to be heard in all proceedings is now affirmed not only in Articles 47 and 48 of the Charter, which ensure respect for both the rights of the defence and the right to fair legal process in all judicial proceedings, but also in Article 41 of the Charter, which guarantees the right to good administration. Article 41(2) of the Charter provides that the right to good administration includes, inter alia, the right of every person to be heard before any individual measure which would affect him adversely is taken (the judgments in Kamino International Logistics, EU:C:2014:2041, paragraph 29, and Mukarubega, EU:C:2014:2336, paragraph 43).
32. As the Court stated in paragraph 67 of the judgment in YS and Others (C‑141/12 and C‑372/12, EU:C:2014:2081), it is clear from the wording of Article 41 of the Charter that it is addressed not to the Member States but solely to the institutions, bodies, offices and agencies of the European Union (see, to that effect, the judgment in Cicala, C‑482/10, EU:C:2011:868, paragraph 28).
33. Consequently, an applicant for a resident permit cannot derive from Article 41(2)(a) of the Charter a right to be heard in all proceedings relating to his application (the judgment in Mukarubega, EU:C:2014:2336, paragraph 44).