Sentences with phrase «ec law»

CONFLICT BETWEEN INDUSTRIAL RELATIONS AND EC LAW As seen in previous monthly rants, the ECJ has handed down judgments in industrial action cases giving strong preference to basic rules of EC law where they are threatened by action taken by trade unions to protect wage rates in higher - wage economies from competition from organisations from lower - wage economies using their own national labour.

That defence has hitherto failed when based on trade union action to protect wages but one interesting question in an «equal ops» case (shorn of the complicated arguments on the Posted Workers Directive) would be whether such a justification defence would be more likely to succeed if itself based on another area of EC law, ie the Equal Treatment Directive.

For practical purposes this means that in determining issues of EC law the English courts must follow the same principles as the European Court of Justice (ECJ) and apply any relevant rulings of the EC courts.

His lordship agreed with Lord Bingham that the prohibitions satisfied the requirement of proportionality in accordance with EC law.

Interpretation of EC law involves, therefore, applying a distinctive set of principles that do not simply replicate domestic principles of interpretation.

Increasingly, however, public international law is used indirectly — including through the medium of EC law — to considerable effect in the Administrative Court.

His book EC Law in Judicial Review was published by Oxford University Press on 11 January 2007

In the short term, Coleman has helped make clear that it is contrary to EC law for an employer to directly discriminate against, or harass, employees because of their child's disability.

In Wilson v HSE [2009] EWCA Civ 1074, the EAT held that the hurdle that it erects is a high one, but the Court of Appeal disagreed and held that it is a lower hurdle, partly as a matter of interpreting Cadman and partly because of the argument that a high hurdle could place a burden of proof on to the claimant, contrary to EC law.

This certainly seems to stop any moves to extend the consultation requirement back into that «strategic or commercial decision», unless of course it is a «closure» case where UK law may now be in advance of EC law as a result of the decision of the EAT in UK Coal Mining Ltd v NUM [2008] IRLR 4.

However, in the case of the third it was necessary to go to the further Commission argument that the EAT decision was incompatible with EC law (on the principles of effectiveness and equivalence).

The M&S case is all about the compatibility of this territorial restriction with EC law (see box on next page for background).

Although EC law requires full compensation for discrimination, that does not mean that a tribunal should not apply in such cases an approach similar to that applied in unfair dismissal cases via the Polkey reduction.

In the Court of Appeal, the arguments became wider than in the tribunal or EAT, because of the intervention of the Equality and Human Rights Commission, questioning the compatibility of the EAT decision with EC law and also focusing more clearly on the changes introduced in 2003 into the Equal Pay Act (s 2ZA) in the light of the ruling of the European Court of Justice in Preston v Wolverhampton Healthcare NHS Trust [2000] IRLR 506 to cover the case of several contracts forming part of a «stable employment relationship».

The court held against this, taking the view that (after so much domestic and ECJ case law and the 2003 amendments) English law now was in line with the EC law requirements, and that any attempt to separate them further was «a futile exercise in plunging an EC law dagger into a domestic law corpse».

There is a precedent for this in EC law, which has also bound successive parliaments since 1972.

The European Court and National Courts: Codebook for Data Set on Preliminary References in EC Law (Art. 234), 1961 - 2006 Alec Stone Sweet and Thomas L. Brunell The data set, which is made accessible here, contains information on all of the Art. 234 preliminary references filed with the European Court since the first reference in 1961.

Taken together, applicants invoked 11,973 separate claims involving one or more provisions of EC law (see the discussion of legal domains in Appendix C below).

In these, the European Commission raised 2,804 separate claims that Member States were in violation of one or more provisions of EC law.

In these, the European Commission raised 5,002 separate claims that Member States were in violation of one or more provisions of EC law (see the discussion of legal domains [matters] in Appendix C below).

The data set, which we make accessible here, contains the first 5,424 references filed, which invoke 8,638 separate claims of EC law.

This changed the role of the Competition Commission and created the Competition Appeal Tribunal to deal with competition issues — while maintaining the primacy of EC Law (Enterprise Act 2002 (EnA 2002), s 12).

Litigated the impact of international law on EC law in the context of shipping pollution and advised on the legal issues arising from the eurozone crisis.

It contended that the contract, in particular cl 13, did not comply with the requirements of rr 4 and 9 of the Regulations, or with the principle of transparency under EC law, and in particular Council Directive (EC) 2004/18 (which the Regulations sought to implement) because of the scope of the right it gave the LSC unilaterally to amend the contract.

Sport is subject to EC law to the extent that it is an «economic activity» (36/74 Walrave v Union Cycliste Internationale [1974] ECR 1405, para 4).

UEFA has been careful not to specifically refer to the nationality of players in order to avoid conflict with EC law.

Another aspect of EC law which has impacted significantly on sport are the competition rules contained in Arts 81 and 82 of the EC Treaty.

● The restrictions mentioned above for non - EU / EEA nationals are not subject to EC law and therefore can not be challenged in the European courts.

2007 — 2008 Tutor in EC Law, St John's College and Balliol College, Oxford Tutor in Jurisprudence, Wadham College, Oxford

An interesting ruling in the Administrative Court this week touches on some issues fundamental to public law — the extent to which «macro» policy (such as EC law) should trump principles of good administration; the role of factual evidence in judicial review proceedings, and the connection between public law wrongs and liability in tort.

Advised and acted in judicial review challenges for and against government departments raising issues of UK and EC law, including the principle of equal treatment of agricultural businesses

The chapter republishes the in - depth analysis of the precautionary principle in EC law, in particular in the light of the landmark judgment in the Pfizer case, which I still consider as one of the most important judgments made by the CFI.

Particularly as the Great Repeal Bill will, initially at least, incorporate EC law and ECJ judgments into UK law.

Not exact matches

Four years after the BHA complained to the European Commission (EC) alleging that UK law breaks European law in allowing widespread discrimination in employment by faith schools, and two years after the EC took the matter up as the subject of a formal investigation, the Commission has decided that there is no breach of current legislation.

The law was repealed and replaced with Directive 2003 / 74 / EC in 2003 to include certain conditions for oestradiol 17ß, pertaining to other non-growth uses on farm animals.

Over the course of my son's first year, we flowed in and out of EC as I felt that I could handle it while trying to make sense of my new life circumstances and not getting pee on my in - laws» carpet.

The Chairperson of the Electoral Commission (EC), Mrs Charlotte Osei, has said that various political groupings in the country must agree on a feasible system that will not place minor parties at a disadvantage before the Representation of the People Amendment Law (ROPAL) can be implemented.

The law was passed in 2006 and the Supreme Court further emphasised in its ruling on the 2012 presidential election petition that the EC must make provisions for Ghanaians abroad to vote, but failed to lay out a specific roadmap for its implementation.

On the threats of a legal action against the EC, O. B Amoah held the view that, the plaintiffs may hit a snag because the EC appears to have acted within the ambit of the law as it clearly spelled out the criteria for the candidates.

But in a letter addressed to the EC Chair by Bentsi - Enchill Letsa & Ankomah chambers, they stated that their clients disagreed with the disqualification, since in their view, it was not grounded in law.

No wonder the Party is yet to present its audited accounts from the election to the EC as required by Law.

Mr Freddy Blay, who has been accusing the EC and the ruling NDC of planning to rig the impending elections told Ultimate FM that «I can not guarantee what will happen, the party can not guarantee, we the executives, we who are at the top, the Presidential candidate can not guarantee, if the ordinary people get angry, God forbid if they decide that they won't agree to what is happening, and some people take the law into their own hands, what can we do?

Four years after the British Humanist Association (BHA) complained to the European Commission (EC) alleging that UK law breaks European law in allowing widespread discrimination in employment by «faith» schools, and two years after the Commission took the matter up as the subject of a formal investigation, the Commission has decided that there is in fact no breach of the relevant legislation.

In its decision, the EC has opaquely said, «After careful analysis of all relevant elements, we have come to the conclusion that the UK has provided sufficient clarification as regards its narrow interpretation of Sections 58 and 60 [the relevant law], which merely enables the faith - based education and is limited to ensure the maintenance of the religious character of the school.

The EC primarily argued that, it had plans to implement the law and should not be compelled to do so.

Response 23: The Chairperson's headship of the Commission's Entity Tender Committee (ETC) is in line with the law, commission policy and was a decision taken at a Commission meeting after its review of the UNDP commissioned assessment report on the EC.

The High Court in Accra, presided over by His Lordship Justice Anthony K. Yeboah, on Monday ordered the Electoral Commission (EC) to implement the law within 12 months.

A survey conducted by the Center for Democratic Development (CDD) Ghana, revealed that though 63 % of Ghanaians believe the EC will perform its duties neutrally, guided by law, almost half of the voter population believes that the commission will likely announce wrong vote tallies or switch election results.

As part of the requirements for the filing of nominations ahead of the 2016 elections, the EC has requested presidential and parliamentary aspirants to declare their assets, but the acting General Secretary of the NPP says there is no law that mandates that request.

Director of Communications Eric Dzakpasu told Myjoyonline.com the EC is only following the law.