Sentences with phrase «when national courts»

«When national courts apply domestic law, they are bound to interpret it, so far as possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive and consequently comply with the third para of Art 249 EC (see Joined Cases C - 397 / 01 to C - 403 / 01 Pfeiffer and Others [2004] ECR I - 8835, para 113, and the case - law cited).

Finally, Akande writes, «[o] ne further area where there is reason to be cautious about the application of international law by national courts is when those national courts seek to apply international law not against their own governments but against foreign governments.»

The Court of Justice will have no jurisdiction in EPPO cases (contrary to what was suggested by the Draft Model Rules), except of course when a national court would ask the EU Court for a preliminary ruling.

The CJEU has established a set of criteria that have to be taken into consideration when a national court assesses whether an act of communication to the public has taken place.

Not exact matches

But, with the benefit of hindsight, I think the likelihood of the court finding against the way the federal government was going about trying to create a national securities regime should have begun to seem likely very early this year, when British Columbia decided to adopt a nuanced opposition to the federal position.

The Department of Justice defended the rule when it filed papers in July in a Washington district court arguing against the case filed by the National Association for Fixed Annuities.

On July 8, the public got its first view into how the U.S. Department of Labor will defend its fiduciary rule when it filed a cross motion for summary judgment, asking the U.S. District Court for the District of Columbia to dismiss a law suit brought by the National Association for Fixed Annuities.

Full of himself, he stepped up when his case was called, and began, as we were taught to do in law school: «May it please the court, my name is Edward R. Lev and I represent the Continental Illinois National Bank and Trust Company of Chicago.»

Since his first arrest, Byle has been plagued by problems with Turkish authorities, including a five - year court battle for residency that ended, seemingly, in January 2015, when a court ruled that the government had not shown significant evidence that he was «a threat to national security and public morals» or that he had ever even committed a crime.

And he was evidently taken aback when I said, «Yes, we might make that deal» if by the «national» government you also mean the courts.»

And he was evidently taken aback when I said, «Yes, we might make that deal — if by the «national» government you also mean the courts.»

On many points, decisions of Islamic religious courts have the force of national law (a touchy issue when a dispute involves a Muslim and a non-Muslim, or when one spouse in an existing marriage converts to Islam and makes the other members of the family subject to Shari'a determinations on matters such as child custody).

Twenty years ago, when I wrote the amicus curiae brief for the National Jewish Commission on Law and Public Affairs (COLPA) in the Supreme Court in Lemon v. Kurtzman — the landmark case on aid to parochial schools — I truly believed we could win.

the reason for the court's blocking of a travel restriction put in place by the President of the United States of America for purposes of national security was because the president (when he was a candidate) mentioned something about banning certain people (i.e. those people who believe it is their duty to enslave the world under sharia law because god tells them to) during this time of war against those elements of said group who actually practice what they preach

U.S. courts should not play a role in reviewing or restraining targeted killings, argues the Justice Department lawyers, since it would effectively enable them to «supervise inherently predictive judgments» by the president and his national security advisers «as to when and how to use force against an enemy against which Congress has already authorized the use of force.»

When de Blasio unveiled his $ 84.68 billion second - draft budget proposal for the coming fiscal year, he announced that the city would meet Mark - Viverito's request that city establish a permanent taxpayer funding stream to the New York Immigrant Family Unity Project, a pilot program that has provided attorneys to unauthorized foreign nationals in immigration court.

The last that was heard about defection at the National Assembly was when a former member of the House of Representatives, Uche Ekwunife, who later represented Anambra Central at the Senate, before her election was annulled by the Appeal Court defected to the ruling All Progressives Congress, APC.

not do primary according to law which the court said no it is wrong of them to have challenged the primary of APC but in a situation of this nature when that thing happened in 2014/2015 and the National legal adviser insisted that constitution be followed, why in 2017 we are now doing it contrary to the constitution again?

The appeal court added that since the House of Representatives or any chamber of the National Assembly lacked the power to conduct criminal investigation, its report «can not be used to prevent or shield any of the petroleum marketer and supply companies from being investigated by competent investigative authority upon a criminal complaint that it fraudulently received billions of naira as imported petroleum subsidy payments when it did not import or market the petroleum in Nigeria.»

It is, therefore wrong for anyone to claim that some of the incidents are motivated by religion, ethnicity, tribalism and elitism when we are living witnesses to the fact that Sheik Ibrahim El - Zakzaky of Islamic Movement of Nigeria and Sambo Dasuki, the former National Security Adviser are both Muslims and Northerners, who have been in detention for more than two years against all conventional laws and court orders.

It said: «Considering the recent Supreme Court decision in the GITMO 2 case when interpreting Article 75 of the Constitution of Ghana, it is clear that this arrangement, which has been shrouded in utmost secrecy ought to have received Parliamentary ratification at the very least before handing over our highly - enriched uranium to the Chinese if that is the path we consider to be in our strategic national interest.»

The charges in part read: «That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst bring Senior Special Assistant, Domestic Affairs to the President on or about 27th November within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: the sum of N10billion being part of the funds in the account of the National Security Adviser with the CBN, the equivalent of which sum you received from the CBN in foreign currencies to wit: $ 47million and $ 5.6 million Euros committed criminal breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party (PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.

The governor, who also described as disgraceful, bringing the Peoples Democratic Party (PDP) National Publicity Secretary, Olisa Metuh to court in handcuff, argued that «even the masterminds of Madala and Nyanya bomb blasts, Kabiru Sokoto and Aminu Sadiq Ogwuche were not handcuffed when they were arraigned in court.»

National Democratic Congress (NDC) Member of Parliament for Kumbungu, Ras Mubarak, has stated that he is heading to the Supreme Court to seek an interpretation of the law that requires the Speaker of Parliament to be sworn in to act as President when the elected Head of State and deputy are unable to perform their functions.

The National President of the Union, Biobelemoye Josiah, said that the order that Uwakwem should be reinstated as the center's CMD when she had case of corruption and financial recklessness with the Economic and Financial crimes Commission in court was an affront on the country's rule of law.

The Peoples Democratic Party (PDP) has described as a brazen display of authoritarianism demonstrated by the President Muhammadu Buhari - led APC Government, the handcuffing of its National Publicity Secretary, Chief Olisa Metuh «even when the court is yet to hear his case.»

According to statement, «the question remains, if not to mortify, dehumanize and break our National Publicity Secretary, who has been very vocal against the APC administration, and of course to send a signal to others critical of the government, what else would have informed the decision to produce him in court in handcuffs, even when his case does not border on security threat?»

Disgraced Korean stem cell scientist Woo Suk Hwang, who is awaiting a court judgment due next month that could send him to jail for embezzling research funds, got some good news last Friday when a separate court ruled a dog cloning technique he developed since being dismissed by Seoul National University is different from the procedure patented by the school.

Sloppy laboratory work creates the greatest risk of error when samples of DNA are used as evidence in court, according to a new report from the National Academy of Sciences.

The department amended its regulations in the wake of a 1983 ruling by the U.S. Court of Appeals for the District of Columbia in National Soft Drink Association v. Block that the department exceeded its rulemaking authority when it issued orders on the «time and place» in which junk food could be sold on school grounds.

The school, South Boston High School, attracted national attention in 1974 when it was wracked by riots in the wake of court - ordered busing that brought black students into its predominantly white neighborhood.

It is thus significant that the number of cases reaching state and federal appellate courts has surged back up to levels attained during the early 1970s when civil rights cases had a central place on the national political agenda (see Figure 1).

But their arguments could become relevant on the national stage when they contend the Colorado Supreme Court ruling, by prohibiting private religious K - 12 schools from accepting vouchers, is on a collision course with the federal First and Fourteenth Amendments.

Other than to its employees, contractors and affiliated organizations, as described above, National Humane Society discloses potentially personally - identifying and personally - identifying information only in response to a subpoena, court order or other governmental request, or when National Humane Society believes in good faith that disclosure is reasonably necessary to protect the property or rights of National Humane Society, third parties or the public at large.

The fight to save the Corcoran Gallery of Art in Washington, D.C., ended in defeat on Monday when Judge Robert D. Okun of the District of Columbia Superior Court ruled that the institution could continue its planned merger with the National Gallery of Art and George Washington University, both also in D.C. Read more

In 2012, even as most of our leaders dodged or denied the climate change issue, we were busy tackling it from many angles — reducing carbon emissions by securing national air pollution regulations that clean up or phase out dirty plants and then defending these innovations in court when they are attacked by the polluters.

The Court further reminded that the Qualification Directive (Directive 2011 / 95 / EU) requires the Member States to grant the refugee status when a third country national or a stateless person meets the relevant conditions under that Directive, and then pointed out that «after the application for international protection is submitted in accordance with Chapter II of Directive 2011/95, any third - country national or stateless person who fulfils the material conditions laid down by Chapter III of that directive has a subjective right to be recognised as having refugee status, and that is so even before the formal decision is adopted in that regard».

Senior U.S. District Court Judge Richard G. Kopf made national news this week when he wrote on his blog, Hercules and the Umpire, about the frequent irrelevancy of the Supreme Court.

On such a basis, the Court considered that there are indeed provisions in the Family Reunification Directive expressly referring to national law, such as Articles 5 (1) and 11 (2) and thereby concluded that if the EU legislature intended to leave the Member States with the leeway to decide when the condition of a child being «below the age of eighteen» would be satisfied, it would have included an express reference in that context too (paras 41 - 42).

There is a range of European constitutional courts asking the CJEU to take at least their thoughts into account when judging about fundamental national issues.

Moreover, it seems odd that Mr Covaci would be entitled to help of an interpreter when he physically goes to the registry of the national court to orally object to the penalty order or when he sits down with a lawyer to file a written objection, but not when he wants to file a written objection by himself from his home (see also Opinion AG Bot, § 69).

2015 also saw the Dutch referring court withdraw its preliminary reference in Rease and Wullems, thereby regrettably removing the opportunity for the CJEU to pronounce upon the margin of discretion of national Data Protection Authorities (DPAs) when adopting a de minimis approach to their enforcement strategy to the detriment of individual or small group complainants.

The national court therefore has its own sphere of discretion when examining the action against the defendant, and the Commission can not be considered as the judge and the party in its own cause.

Massachusetts Superior Court Judge Ernest B. Murphy gained national notoriety when he won a $ 2 million libel verdict against the Boston Herald in 2005.

He and National Council also argue that the guidelines overstep both ICWA and children's best interests when they instruct courts not to consider «ordinary bonding or attachment» or the length of a placement as part of a good - cause determination.

In these three orders, the SCC concluded that the constitutional questions did not meet the relevance test because, under the principle of primacy of EU law, a national provision that is found to be incompatible with EU law must be displaced and can not be applied by the national courts when deciding a case.

Still, when I learned that Lilly Ledbetter, a retired Goodyear worker and petitioner in Ledbetter v. Goodyear will address the convention tonight, I could only ask, «Where else but in America does an ordinary person have the chance to appear before both the Supreme Court and a national party convention?»

On the other hand, if such legislation falls within the scope of European Union law, the Court, when requested to give a preliminary ruling, must provide all the guidance as to interpretation needed in order for the national court to determine whether that legislation is compatible with the fundamental rights the observance of which the Court ensures» (para.Court, when requested to give a preliminary ruling, must provide all the guidance as to interpretation needed in order for the national court to determine whether that legislation is compatible with the fundamental rights the observance of which the Court ensures» (para.court to determine whether that legislation is compatible with the fundamental rights the observance of which the Court ensures» (para.Court ensures» (para. 19).

When negotiating the Columbia deal, TransCanada was in the middle of federal court and NAFTA lawsuits with the White House, who had rejected its Keystone XL pipeline in November 2015 on the basis that it didn't serve the U.S. national interest.

These types of issues are typically discussed when the national judges are visiting the Court.