Sentences with phrase «court on the competence»

Not exact matches

Any claim arising from the information contained on the eDairy News website shall be submitted to the competence of the ordinary courts of the First Judicial District of the Province of Cordoba (Primera Circunscripción Judicial de la Provincia de Cordoba), Republic of Argentina, in the city of Córdoba, excluding any other jurisdiction (Federal jurisdiction is also excluded).

You write that the problem of courts contesting the key policy - making competences of parliaments has not arisen to its full extent yet in Eastern Europe: «Ample scope to remake public policy has been conferred on Eastern courts which, however, lie still dormant to their own unexploited opportunities».

Article 34 of the protocol (RATIFICATION) stipulates that» at the time of ratification on this protocol or anytime thereafter, the state shall make a declaration accepting the competence of the court to receive cases under article 5 (3) of this protocol.

Saraki said the appellate court erred in law when it affirmed the competence of the proceedings of the CCT, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.

Counsel for Oba Akanbi had told the court that his client had several applications before the court and he told the court that the notice of preliminary objection which bordered on competence and jurisdiction of the court should be heard first before the substantive application.

Saraki's appeal filed through his lead counsel, Mr. Joseph Daudu (SAN), is challenging the majority judgment of the Court of Appeal in Abuja delivered on October 30, 2015, which affirmed the jurisdiction of the CCT to try him and the competence of the charges of false assets declaration preferred against him by the Federal Government.

At the hearing of the appeal, Daudu faulted the judgment of the appeal court on among other grounds that it erroneously affirmed the competence of the proceedings of the Code of Conduct Tribunal, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.

As a lawyer you debate everyday in court so nobody and absolutely nobody can take Nana Addo's competence and ability to debate issues from him so I am surprised that Nana Addo who has taken part in 2008 debates, 2012 debates and has been on almost all platforms in this country campaigning, can be described as avoiding an embarrassing situation,» he said.

Nonetheless, as part of their broader competences, international courts like the International Court of Justice (ICJ) can be asked to adjudicate in cases of disputes among states, including on environmental issues.

Courts regularly rely on scientific expert testimony, involving for example DNA evidence in criminal trials, where judges and juries have no competence in the subject matter.

Specifically, Article 20 of the Agreement provides that «all questions concerning the validity of decisions of the institutions of the Community taken on the basis of their competences under this Agreement shall be of the exclusive competence of the Court of Justice of the European Communities.»

The Court decided that the Council is entitled, on the basis of Article 217 TFEU, to adopt a measure in the framework of an association agreement on the condition that the measure relates to a specific area of EU competence and is also founded on the legal basis corresponding to that area.

I agree with J.G. that the questions are good but may flow better divided into categories such as: legal practice licencing: character, competence and ethics, duties and limits to client, court and profession; scope, roles and rules on virtual services and fees, responsibility and regulation, malpractice and compensation, etc..

Until the early 2000s, the Court used to apply a very formalist, competence - oriented approach: financial aid is formally outside the scope of the Treaty, so Member States can discriminate on grounds of nationality as they please (Brown, 1988); whereas university access is inside the scope of the Treaty, thus a strict equal treatment requirement is enforced (Forcheri, 1984, and Gravier, 1985).

In last Tuesday's Opinion (Grand Chamber) following an article 218 (11) request by the Commission, the Court confirmed that the acceptance of the accession of an non-Union country to the 1980 The Hague Convention on child abduction fell within the EU's exclusive competence.

The Court first stated that Opinion 1/94 was no longer relevant in this case (para 48) and proceeded with a fresh start on whether the TRIPS agreement fell within exclusive competence.

It is clear that the Electrabel tribunal's use of EU law is poles apart from e.g. the Maffezini tribunal's engagement, and its discussion on the division of competences between the EU and its member states is problematic in light of Opinions 1/91 and 2/13, where the Court explicitly stated that questions of competence are its sole prerogative.

Furthermore, since foreign direct investment (FDI) falls under exclusive EU competence (Article 207 (1) TFEU), the CJEU has the power to decide on the domestic effects of the investment protection provisions of EU international agreements (Slovak Brown Bear, paras. 30 - 32; but we need to wait also for Opinion 2/15, EU - Singapore), even if a case is brought against a Member State measure before a Member State court.

First, in para. 67 the Court relied on Opinion 2/15 to substantiate its reasoning according to which the Union can exercise its external competences in a field, even though «the Union had taken no internal action, by adopting rules of secondary law, in that field», such as in the case of non-direct foreign investment.

On the other hand, the Hungarian Constitutional Court recently held that it it could review the procedural — but not substantive — regularity of an amendment; meanwhile the German Constitutional Court has affirmed its competence to assess both compliance with formal requirements and the substantive, entrenched constitutional principles of federalism and human dignity.

And it was the defendant's competence and the judge's incompetence and ignorance of the law that resulted in this defendant being the prevailing party on this issue per the decision of the court of appeals.

The Appellant's Counsel, Dr. Alex A. Izinyon, SAN, filed a preliminary objection on behalf of the Appellant challenging the jurisdiction of the High Court of the FCT to entertain the matter, the competence of the charges, and the powers of the ICPC to prosecute the case.

For the Court, the matter as a whole fell within Union law following not from the existence of an interest or unexercised competence but rather from the obligation contained in Article 14 (3) TEU and the 1976 Act on the elections to the European Parliament that such elections be «universal and direct».

Contrary to all the participants in the proceedings, the national court had suggested that EU law was applicable to the case because landscape protection could not be seen to «stand alone as a concept separate from the protection of the environment», as a number of EU rules based on the environmental competence of the Union would show (para 10).

The «minimum harmonisation» exception was reaffirmed in Opinion 1/03 on the Lugano Convention, where a full court summarised the exception's rationale by stating that «the Court did not find [in Opinion 2/91] that the Community had exclusive competence where, because both the Community provisions and those of an international convention laid down minimum standards, there was nothing to prevent the full application of Community law by the Member States» (para. court summarised the exception's rationale by stating that «the Court did not find [in Opinion 2/91] that the Community had exclusive competence where, because both the Community provisions and those of an international convention laid down minimum standards, there was nothing to prevent the full application of Community law by the Member States» (para. Court did not find [in Opinion 2/91] that the Community had exclusive competence where, because both the Community provisions and those of an international convention laid down minimum standards, there was nothing to prevent the full application of Community law by the Member States» (para. 123).

On 28 February 2017, the Court decided in an equally controversial and important case that it had no competence to look into the question of the legality of what has become known as the EU - Turkey deal under Article 263 TFEU.

Chapter 3 considers whether the Court of Justice places any territorial limits on Member State competence to justify restrictions on the free movement of goods (the extraterritorial challenge).

The Court's decision starts with a reference to Article 62 (2)(a) and (b)(ii) of the EC Treaty on which the Visa Code was based, which (unlike Article 79 (2)(a) TFEU) limits the competence of the Council to adopting measures regarding the issuance of visas for intended stays of no more than three months.

These provisions conflict with EU law on the exclusive competence of the EU court [s] for claims which involve EU law, even for claims where EU law would only partially be affected.

The substance of the case related to the hearsay rule in criminal cases but its real import lies in Lord Phillips's coruscating attack on the technical competence of the European Court of Human Rights.

On its way there, however, the Court did establish its own competence to rule on the matteOn its way there, however, the Court did establish its own competence to rule on the matteon the matter.

The Opinion here is especially noteworthy because it is the first time the Court had to interpret the last part of article 3 (2) TFEU which is commonly understood as a codification of the ERTA case - law on exclusive EU external competence.

Fanny's post takes us through the context of the decision and its content, focusing in particular on the role of national data protection authorities and the competences of the respective actors, i.e. the Commission, national authorities and the courts.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

The General Court's reasoning is the result of the CJEU's (in my opinion, rather unfortunate) legal meanderings on the EU's competence to use article 114 TFEU to facilitate trade on the internal market.

If the General Court were to accept the argument that if a rule only affects products from third countries only the EU may regulate that product, this would be a huge impediment to Member States» competence to regulate their own markets and to determine which product is safe, healthy, or environmentally friendly enough to be sold on their territory.

All of the plaintiff's submissions depended on the judge's conclusion the courts of Santa Clara would lack territorial competence.

Based on criteria discussed above, the company should determine the likeliness of involvement of French authorities when determining whether to settle in another country, particularly the territorial competence of French courts for double jeopardy reasons.

Said the majority of the Court on this point, «the construction of runways is a matter so far removed from aerial navigation or from the operation of an airport that it can not be said that the power to regulate this matter forms an integral part of federal competence over aeronautics.»

The Court of Justice shall have jurisdiction to review the legality of framework decisions and decisions in actions brought by a Member State or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers.

«This form of international arbitration is incompatible with the exclusive competence of EU courts to rule on the rights and obligations of Member States under EU law.»

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.

Under this heading, I assess some issues with the courts» institutional competence, on the one hand, and the claims that adjudicative law stands in a privileged relationship with reason, on the other.

2) apart from the fact that CJEU stated that even before EU exercising its power, the MS must still act - when they have the power to do so - in a matter which does not jeopardise or prejudice the EU, so that the mere «potential» competence does have an effect, limitating the MS action, the parallel is that a negative rule is still a rule, so that the existence of the rule makes the matter «regulated»: - as for the JHA, I must say that whilst I agree with you on the merits, I can see the issue raised by the CJEU, since it is quite the same raised by some national Constitutional Courts, i.e. that ECHR standards may be in conflict with national standards and formally speaking the ECHR is a treaty and therefore has a lower rank that national Constititions, and the decision of the ECHR on the interpretation of such standards within the context of the Convention does not bind the national Constitutional Court in interpreting the national Constitution standards: e.g..

I was particularly struck by the Appeals Chamber assertion (para. 43 of the decision) that a rule of customary international law now exists to the effect that international courts and tribunals possess an inherent jurisdiction, which confers on each of them the power to determine the scope of their own jurisdiction (competence de la competence; Kompetenz - Kompetenz).

After all, the SCC is the highest court in Canada and has the last word (in this life)... well, except for Parliament, of course... on matters within its competence.

The judgment of the Court is an interesting addition to the corpus of EU case law on the competence to harmonise and the powers of agencies.

It should be noted in that regard that until now Bulgarian courts have generally rejected «stand - alone» claims based on the understanding that under the CPA, the CPC was the only authority having competence to determine a breach of Bulgarian competition law.

At their latest African Union (AU) Assembly meeting, held in July, African Heads of State were asked to adopt a draft amended protocol on the Statute of the African Court of Justice and Human Rights (hereafter «African Court») which would have expanded the jurisdiction of the African Court to include the competence to prosecute individuals for international crimes.

The said court is entrusted with the competence to solve erga omnes major disputes on points of law between the ordinary supreme courts or their chambers.