Sentences with phrase «court function in a way»

Not exact matches

But no court has accepted this argument because, now that public schools no longer have a Protestant character, the Blaine Amendments no longer function in a way that favors or disfavors particular religious groups.

The Court chose to indulge these concerns and take the politically easy way out by ruling that EU law (including the Charter) is not applicable to visa applications that would lead to a stay of more than 90 days — instead of ruling for the application of the Visa Code and thus also the Charter of Fundamental Rights, as it would then have been confronted with the impossible task of having to interpret the Charter in a way that would not have a negative effect on the functioning of the Dublin system.

By way of derogation from Article 280 of the Treaty on the Functioning of the European Union, decisions of the General Court declaring a regulation to be void shall take effect only as from the date of expiry of the period referred to in the first paragraph of Article 56 of this Statute or, if an appeal shall have been brought within that period, as from the date of dismissal of the appeal, without prejudice, however, to the right of a party to apply to the Court of Justice, pursuant to Articles 278 and 279 of the Treaty on the Functioning of the European Union or Article 157 of the EAEC Treaty, for the suspension of the effects of the regulation which has been declared void or for the prescription of any other interim measure.

None of the provisions of Title V of Part Three of the Treaty on the Functioning of the European Union, no measure adopted pursuant to that Title, no provision of any international agreement concluded by the Union pursuant to that Title, and no decision of the Court of Justice of the European Union interpreting any such provision or measure or any measure amended or amendable pursuant to that Title shall be binding upon or applicable in Denmark; and no such provision, measure or decision shall in any way affect the competences, rights and obligations of Denmark; and no such provision, measure or decision shall in any way affect the Community or Union acquis nor form part of Union law as they apply to Denmark.

By way of derogation from the rule laid down in Article 256 (1) of the Treaty on the Functioning of the European Union, jurisdiction shall be reserved to the Court of Justice in the actions referred to in Articles 263 and 265 of the Treaty on the Functioning of the European Union when they are brought by a Member State against:

The notice provisions do not function in the same way as limitation period provisions for the following reasons: (1) non-compliance with s. 736 of the LGA or its predecessors does not prevent a plaintiff from commencing or maintaining an action; (2) unlike the more objective language of s. 4 (1) of the Limitation Act, the discretionary saving provision of s. 736 (3) may or may not act as a bar to an action; and (3) the trial or appeal court must determine whether the discretionary saving provision applies based on the evidentiary record.

[21] The result is that the timeframes imposed by the Federal Court's approach to managing its caseload have a direct impact on the way in which representative bodies must prioritise the functions they are required to perform.

Your proposal is similar to the way some court ordered sales function, at least in BC.