S.L. 399.48 Art. 86Fundamentalrights safeguard.

(1) National measures regarding access to or use of by end-users to services and applications through electronic communications networks shall respect the Charter and the general principles of European Union law.

(2) Any measure regarding access to, or use of, by end-users to services and applications through electronic communications networks liable to limit the exercise of the rights or freedoms recognised by the Charter shall be imposed only if it is provided for by law and respects those rights or freedoms, is proportionate, necessary, and genuinely meets general interest objectives recognised by European Union law or the need to protect the rights and freedoms of others in line with Article 52(1) of the Charter and with the general principles of European Union law, including the right to an effective remedy and to AND SERVICES (GENERAL)

a fair trial:

Provided that such measures shall be taken only with due respect for the principle of the presumption of innocence and the right to privacy:

Provided further that a prior, fair and impartial procedure shall be guaranteed, including the right to be heard of the person concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in accordance with the Charter.