76) As a preliminary point, it must be observed that, in accordance with settled case-law, respect for the rights of the defence, guaranteed by Article 41(2) of the Charter of Fundamental Rights of the European Union, includes the right to be heard and the right to have access to the file, while respecting legitimate interests of confidentiality (Joined Cases C 584/10 P, C 593/10 P and C 595/10 P Commission and Others v Kadi [2013] ECR (‘Kadi II’), paragraph 99 and the case-law cited).

77) With regard to the right to effective judicial protection, laid down in Article 47 of the Charter of Fundamental Rights, it requires that the person concerned must be able to ascertain the reasons upon which the decision taken in relation to him is based, either by reading the decision itself or by requesting and obtaining disclosure of those reasons so as to make it possible for him to defend his rights in the best possible conditions and to decide, with full knowledge of the relevant facts, whether there is any point in his applying to the court having jurisdiction, and in order to put the latter fully in a position to review the lawfulness of the decision in question (see, to that effect, Kadi II, paragraph 100 and the case-law cited).

78) Article 52(1) of the Charter of Fundamental Rights nevertheless allows limitations on the exercise of the rights enshrined in the Charter, subject to the conditions that the limitation concerned respects the essence of the fundamental right in question and, subject to the principle of proportionality, that it is necessary and genuinely meets objectives of general interest recognised by the European Union (see Kadi II, paragraph 101 and the case-law cited).As was stated in paragraph 77 above, the right to effective judicial protection is a right guaranteed under the Charter of Fundamental Rights and includes, inter alia, the right of the applicant to ascertain the reasons why the decision against him was taken.

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92) As was stated in paragraph 77 above, the right to effective judicial protection is a right guaranteed under the Charter of Fundamental Rights and includes, inter alia, the right of the applicant to ascertain the reasons why the decision against him was taken.94. In the present case, such a possibility is expressly laid down to that effect by the legislation. Thus, it must be stated that Article 21(2) and (3) of Decision 2011/782, Article 32(2) and (3) of Regulation No 36/2012 and Article 30(2) and (3) of Decision 2013/255 provide, first, that the Council is to inform the individuals of the inclusion of their names in the lists at issue and of the grounds for doing so, and secondly that, where observations are submitted or where substantial new evidence is presented, the Council is to review its decision and inform the person or entity concerned accordingly. However, the time-limit within which the Council must reply to those observations is not specifically laid down.

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125) As a preliminary point, it must be observed that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights requires inter alia that, as part of the review of the lawfulness of the grounds which are the basis of the decision to list or to maintain the listing of a given person, the Courts of the European Union are to ensure that that decision is taken on a sufficiently solid factual basis. That entails a verification of the factual allegations in the summary of reasons supporting that decision, with the consequence that judicial review cannot be restricted to an assessment of the cogency in the abstract of the reasons relied on, but must concern whether those reasons, or, at the very least, one of those reasons, deemed sufficient in itself to support that decision, is substantiated (Kadi II, paragraph 119).

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143) Secondly, it should be borne in mind, first, that the principle of proportionality is one of the general principles of EU law and requires that measures implemented through EU law provisions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and must not go beyond what is necessary to achieve them (Makhlouf v Council, paragraph 98). Furthermore, the right to property is one of the general principles of EU law and is enshrined in Article 17 of the Charter of Fundamental Rights. Finally, with regard to respect for private life, Article 7 of the Charter recognises the right to respect for private and family life (see, to that effect, Joined Cases C 356/11 and C 357/11 O and S [2012] ECR, paragraph 76).

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146) Thirdly, it must be observed that, although in accordance with settled case-law the right to property is guaranteed by Article 17 of the Charter of Fundamental Rights, it does not enjoy, under EU law, absolute protection, but must be viewed in the light of its function in society. Consequently, the exercise of that right may be restricted, provided that those restrictions in fact correspond to objectives of public interest pursued by the European Union and do not constitute, in relation to the aim pursued, a disproportionate and intolerable interference, impairing the very substance of the right so guaranteed (see Makhlouf v Council, paragraph 97 and the case-law cited).