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1. The applicant or another person as referred to in Article 36(1), points (b) and (c), shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision before a court or tribunal. The scope of such remedy shall be limited to an assessment of:

(a) whether the transfer would, for the person concerned, result in a real risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter;

(b) whether there are circumstances subsequent to the transfer decision that are decisive for the correct application of this Regulation;

(c) whether Articles 25 to 28 and 34 have been infringed, in the case of persons taken charge of pursuant to Article 36(1), point (a).

2. Member States shall provide for a period of at least one week but no more than three weeks after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.

3. The person concerned shall have the right to request, within a reasonable period of time from the notification of the transfer decision but in any event no longer than the period provided for by Member States pursuant to paragraph 2, a court or tribunal to suspend the implementation of the transfer decision pending the outcome of his or her appeal or review. Member States may provide in national law that the request to suspend the implementation of the transfer decision must be lodged together with the appeal pursuant to paragraph 1. Member States shall ensure that an effective remedy is in place by suspending the transfer until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when the competent court or tribunal received that request. Where the person concerned has not exercised his or her right to request suspensive effect, the appeal against, or review of, the transfer decision shall not suspend the implementation of the transfer decision. A decision not to suspend the implementation of the transfer decision shall state the reasons on which it is based. If suspensive effect is granted, the court or tribunal shall endeavour to decide on the substance of the appeal or review within one month of the decision to grant suspensive effect.

4. Member States shall ensure that the person concerned has access to legal assistance and, where necessary, to linguistic assistance.

5. Member States shall ensure that legal assistance and representation in the appeal procedure are granted on request free of charge where the person concerned cannot afford the costs involved. Member States may provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance and representation. Member States may provide that free legal assistance and representation is not to be granted where the appeal or review is considered by the competent authority or a court or tribunal to have no tangible prospect of success, provided that access to legal assistance and representation is not thereby arbitrarily restricted. Where a decision not to grant free legal assistance and representation pursuant to the second subparagraph is taken by an authority other than a court or tribunal, Member States shall provide for an effective remedy before a court or tribunal to challenge that decision. Where the decision is challenged, the remedy shall be an integral part of the remedy referred to in paragraph 1. Member States shall ensure that legal assistance and representation are not arbitrarily restricted and that effective access to justice for the person concerned is not hindered. Legal assistance shall include at least the preparation of the required procedural documents. Legal representation shall include at least the representation before a court or tribunal and may be restricted to legal advisers or counsellors specifically designated by national law to provide legal assistance and representation. Procedures for access to legal assistance and representation shall be laid down in national law.