Sentences with phrase «states constitutional traditions»

Bot turns the clock back to Gauweiler, and by literally pointing out that «in that regard, the order for reference reminds me of the question for a preliminary ruling submitted by the Bundesverfassungsgericht» (para. 10) is de facto disregarding an important assist offered by the ICC that in its order has framed the request for preliminary ruling more on the grounds of the difference between Member States constitutional traditions than on the notion of constitutional identity.

Not exact matches

McConnell explored the value of tradition generally — as a coordinating mechanism, a democratic check on state power, and a depository of values that endure over time — and then moved to a discussion of tradition and change in constitutional interpretation.

Reform of the constitutional architecture of the UK state over the past two decades has adhered to a conservative orthodoxy based on an enduring belief in the British Political Tradition: the redistribution of power is negotiated between the state and sub-state national and regional elites rather than with the British people.

This raises a question very much worth pondering: What is the best way to arrange a city's system of schools given our tradition of local control and the state's ultimate constitutional obligation?

They stem, at the same time, from Article 49 of the EU Charter of Fundamental Rights (Charter), the constitutional traditions of Member States and the European Convention of Human Rights (paras 52 - 57).

But Canada has developed a strong tradition of keeping church and state separate and the idea of injecting religious imagery into the legal system makes many people uncomfortable, says James Stribopoulous, a professor specializing in criminal and constitutional law at Osgoode Hall Law School.

Essentially, the national court asks whether Simmenthal II applies to the ECHR now that article 6 (3) TEU states that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law&rstates that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law&rStates, shall constitute general principles of the Union's law».

In this respect, he immediately excludes the relevance of national law and practices (Art. 52 (6) CFREU) and of the constitutional traditions common to the Member States (Art. 52 (4) CFREU) for the purpose of the interpretation of Article 50 CFREU with regard to the combination of administrative and criminal sanctions.

The CJEU has traditionally drawn from both international treaties — in particular the European Convention on Human Rights — and the common constitutional traditions of the EU Member States in protecting fundamental rights.

This the Court achieved by claiming that the principle of effective judicial protection constitutes a «a general principle of EU law stemming from the constitutional traditions common to the Member States», enshrined in Articles 6 and 13 of the ECHR and «reaffirmed» by Article 47 of the Charter (para. 35).

In so far as this Charter recognises fundamental rights as they result from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with those traditions.

For one thing (and to harken back to my theme three columns ago), the ructions that are going on within the political branches of government remind us of just how critical a role respect for tradition plays in the constitutional systems of common law states.

On the other side, instead of recognizing the interpretation of the principle of legality as a part of the Italian constitutional identity, the Court maintained that this interpretation is part of the «constitutional traditions common to the Member States» pursuant to Art. 6.3 TUE..

In the choice of the language of the «common constitutional traditions» (Art. 6.3 TEU), the CJEU resorts to a more pluralistic and less identitarian tradition of dialogue, which rather than being read in light of a single legal order, should take into account the pluralism of the constitutional traditions of the various Member States, and be balanced with the ultimate goal of the EU, the achievement of an ever closer Union.

The Court, in a second step (para 52), recognizes that the principle of legality in criminal matters is protected by Art. 49 of the Charter and is part of the «constitutional traditions» common to EU Member States.

-RRB-, the ructions that are going on within the political branches of government remind us of just how critical a role respect for tradition plays in the constitutional systems of common law states.

The Court of Justice reached this decision, which was highly controversial, after conducting a review of the scope of the protection afforded to communications with in - house counsel across the member states of the EU, and finding there not to be a sufficiently broad consensus on this point to justify the extension of the privilege, given that it was identified as being one of the fundamental principles of law common to the constitutional traditions of the member states.

The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.

This provision ranks fundamental rights, as they result from the constitutional traditions common to Member States, among the general principles of EU law.

It is true that Article 6 (3) refers to the constitutional traditions that are common (emphasis added) to the Member States; however, the reference to this characteristic should not prevent to inject a certain degree of pluralism in the notion of constitutional tradition (s), as the ICC has suggested, that makes it possible to reconcile a higher standard of protection entrenched in the national Constitution and the primacy of EU law.

Article 6 (3) in this respect could be the sound reference to apply as a possible limit to the enforcement of Taricco I based on the constitutional traditions of Member States.