Sentences with phrase «application of national laws»

This also means that, even though their application does not come within the ambit of the Charter of Fundamental Rights of the EU according to the CJEU's ruling in their case, Belgium is still bound by the ECHR in the application of its national laws.

However, in the absence of a system to preventively suspend the application of national laws during unconstitutionality procedures, judicial fees must be paid at the higher rate until the Constitutional Court decides the issue.

Not exact matches

The party further urged the National Assembly to scrutinise the constitution and other statute books for the purposes of strengthening the laws guiding the application of funds in our country, particularly under this inherently corrupt and incompetent administration.

«We further urge the National Assembly to scrutinize the Constitution and other statute books for the purposes of strengthening the laws guiding the application of funds in our country.»

«We further urge the National Assembly to scrutinise the Constitution and other statute books for the purposes of strengthening the laws guiding the application of funds in our country.»

Louisiana Charter Law includes a mandate that charter school authorizers follow the National Association of Charter School Authorizers» (NACSA's) «Principles & Standards for Quality Charter School Authorizing» to ensure they are following best practices both in the evaluation of charter school applications, as well as in oversight of existing schools.

Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance.

She has prepared Environmental Impacts Statements, Operations Plans, Monitoring and Mitigation Plans, and Deep Water Port Applications and is very familiar with the requirements of and compliance with federal, state, and local laws, regulations, and guidelines for projects related to offshore energy development including National / State Environmental Policy Acts (Environmental Assessment / Environmental Impact Statements), Marine Protection Research and Sanctuaries Act, Clean Water Act (including National Pollutant Discharge Elimination System), Coastal Zone Management Act, Water Resources Development Act, Endangered Species Act, Magnuson - Stevens Act, Rivers and Harbors Act, and the Oil Pollution Act.

And therefore the application of the national standard to e-discovery and admissibility proceedings should be necessary, but the case law ignores it.

Hence, this judgment marks another step forward towards clarifying the scope of EU equality law and bringing about a consistent application at national level.

In her opinion, within the field of application of EU law interpretive standards are fixed by the CJEU, and must then be applied by national courts (including the SCC).

-- that regulation does not preclude the application of a provision of national procedural law of a Member State which, with a view to avoiding situations of denial of justice, enables proceedings to be brought against, and in the absence of, a person whose domicile is unknown, if the court seised of the matter is satisfied, before giving a ruling in those proceedings, that all investigations required by the principles of diligence and good faith have been undertaken with a view to tracing the defendant.

If, as with investor state dispute settlement, such a claim would bypass the national courts and thus the preliminary ruling architecture, then the decision of the joint court would constitute an application of the EU law manifested in the withdrawal agreement with a result that would be binding upon the host Member State in question.

Consequently, Article 27 could not be made applicable in proceedings between private parties in order to exclude the application of a provision of national law (para 48).

While it is no perfect solution either (and there probably is none), the Advocate General's solution of doing exactly the same thing the other way round — offering the action for damages as consolation for the party that has previously benefitted from an erroneous transformation of EU law by the Member State and now pays the price because of horizontal direct effect excluding the application of a norm of national law they had relied on — has at least a somewhat more equilibrated approach towards sharing the burden of advantages and disadvantages.

We have already covered the opinion handed down by Advocate General Cruz Villalón (see here), who suggested that the Court should allow Article 27 of the Charter in combination with the Directive to be applicable and to exclude thus the application of the national norm that was contrary to EU law despite the setting of proceedings between private parties.

As a result, he took a path that few of us would have chosen: He left a national law firm to work on the design and development of a software application.

CONSIDERING that, as any national court, the Unified Patent Court must respect and apply Union law and, in collaboration with the Court of Justice of the European Union as guardian of Union law, ensure its correct application and uniform interpretation; the Unified Patent Court must in particular cooperate with the Court of Justice of the European Union in properly interpreting Union law by relying on the latter's case law and by requesting preliminary rulings in accordance with Article 267 TFEU;»

Advocate General Cruz - Villalón, found that the offence of murder and hence the question of the application of a more lenient sentence was a matter of national law.

«[The] application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States within the meaning of the Dassonville judgment (Case 8/74 [1974] ECR 837), so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States» (Keck, para. 16)(emphasis added).

For the Court of Justice, responding and assisting the national judges is crucial for the application of EU law.

To the contrary of Sedona Canada 2nd, electronic records management technology makes these 3 concepts more interdependent in law and necessary application: (1) the «system integrity concept» of the e-records provisions of the Evidence Acts; (2) the «proportionality principle» of electronic discovery proceedings; and, (3) the «Prime Directive» of 72.34: «an organization shall always be prepared to produce its records as evidence», i.e., records systems must always be kept in compliance with this national standard (otherwise, the e-records produced, and the adequacy of their production, should not be relied upon because, the quality of records system integrity determines the quality of records integrity — that is the «system integrity concept»).

In this sense, unlike Mangold, Egenberger offers a methodology for assessing the application of fundamental rights in disputes between private parties that is capable of reconciling the effectiveness of EU law with national constitutional structures.

However, though national authorities and courts of all Member States of the EU are still bound by the ECHR and other relevant international law when applying national immigration and asylum law, their scope of application may not reach as far as the Charter would have reached, and at present is regarded as applicable to potential applicants for international protection that have not yet entered the territories of the states bound by them.

Therefore, «the specific nature of European Union law means that the level of protection deriving from the interpretation of a national constitution can not be automatically transposed to the European Union level nor can it be relied upon as an argument in the context of the application of European Union law.»

Within the scope of application of EU law national courts can already now apply higher standards of fundamental rights protection based on the ECHR and are obliged in cases of doubt to submit a question to the CJEU in the framework of a preliminary reference procedure.

Yet, despite these justifications, only in some cases is there a clear mechanism of coordination between criminal and administrative enforcement provided at national level, e.g. a mechanism precluding the continuation of administrative proceedings if there are some elements that justify the application of criminal law, and vice-versa.

Furthermore, as we know, free movement in the EU has been achieved through negative integration (the direct application of the Treaty provisions on the fundamental freedoms to remove obstacles in national laws) or through positive measures (secondary EU legislation, harmonising national measures affecting the internal market), without the need of conferring investment rights or special remedies for EU undertakings or citizens exercising their freedom of movement.

Such a ruling would also allow or even compel Investment Tribunals in intra-EU disputes and national courts seized of enforcement proceedings to save from the rule in Achmea any Treaty text that does not explicitly refer to the application of domestic and / or EU Law, and thus undermine any legal certainty that may be thought to have been established in the settlement of disputes under intra-EU BITs.

It also argued that Belgian law does not allow its diplomatic posts to accept applications for international protection from third country nationals, and that granting a visa to the applicants in order for them to apply for international protection once on Belgian soil would circumvent the limitation of the competences of the Belgian diplomatic posts.

(i) where there is a breach of a right afforded under EU law, article 47 of the Charter is engaged; (ii) the right to an effective remedy for breach of EU law rights provided for by article 47 embodies a general principle of EU law; (iii)(subject to exceptions which have no application in the present case) that general principle has horizontal effect; (iv) in so far as a provision of national law conflicts with the requirement for an effective remedy in article 47, the domestic courts can and must disapply the conflicting provision; and (v) the only exception to (iv) is that the court may be required to apply a conflicting domestic provision where the court would otherwise have to redesign the fabric of the legislative scheme.

In the past, the Italian Constitutional Court made clear that supra - national law should not prevail without any limitation, and that the application of international obligations could not have the effect to breach the fundamental principles of the constitutional order or the fundamental rights of the individuals (this is called the «counter-limit doctrine», developed for example in the «Granital case», Sentenza n. 170, 5 June 1984).

We represented the National Federation of the Blind and blind individuals in litigation against the Law School Admissions Council, and settled on terms that required the LSAC website, including all law school applications, to be fully accessible to blind useLaw School Admissions Council, and settled on terms that required the LSAC website, including all law school applications, to be fully accessible to blind uselaw school applications, to be fully accessible to blind users.

Can a national supreme court still state that the application of EU law is obvious when a lower court is not sure about how to apply the law?

As the scope of EU law expands the application of the EU fundamental rights regime as well as its relationship with national constitutional traditions will continue to be a source of debate.

However, not only must the application of EU law be obvious to the national judge, but there are additional conditions that must be fulfilled.

the opening by the Commission of a proceeding against a cartel under Chapter III of Regulation No 1/2003 does not, pursuant to Article 11 (6) of Regulation No 1/2003, read in combination with Article 3 (1) of the same regulation, cause the competition authority of the Member State concerned to lose its power, by the application of national competition law, to penalise the anti-competitive effects produced by that cartel in the territory of the said Member State during periods before the accession of the latter to the Union.

So in Fransson the Court held that national measures which were connected in part to a specific obligation imposed by EU law on the Member State fell within the scope of application of EU law, and therefore of the Charter.

Only the autonomous character of EU law, i.e. self - referential nature, not depending for its validity and interpretation on national and international law, vests it with a constitutional character and the ability to ensure the effectiveness and uniform application of EU law.

These defects are frequently found in the ERMS's of all organizations because: (1) there is no law of general application requiring ERMS's be maintained in compliance with any standard, such as Canada's national standards; (2) many organizations find that they can «get along just fine» using only their most recently made and received records, therefore they neglect ERMS maintenance; and, (3) ERMS's are brought into compliance with the national standards just for litigation purposes, therefore pre-existing records loses and record sources can not be known.

In relation to EU law, the Court distinguished between the application of proportionality according to whether the measure being reviewed was an EU measure, a national measure implementing EU law, or a national measure relying upon derogations from EU law rights (such as the «fundamental freedoms» under the TFEU).

Important judgments that shape the interpretation and application of the EU law in this field are identified and analysed, particularly judgments by the European Courts, international courts and tribunals such as the WTO's Dispute Settlement Body, and higher national courts.

Often covers interaction between national law and EU law and has been involved in several high profile claims for damages for breach of EU law as well as applications based on the Viking case to prevent industrial action.

Those considerations point therefore to a functional interpretation of the phrase «bodies or institutions acting in a... legislative capacity», according to which ministries which, pursuant to national law, are responsible for tabling draft laws, presenting them to Parliament and participating in the legislative process, in particular by formulating opinions, can be considered to fall within that definition, within the meaning of and for the application of Directive 2003/4.

Because there is no law of general application requiring institutional ERMSs be maintained in compliance with the national standard, defects that can interfere with the existence, accessibility, and integrity of e-records are very numerous and very common.

The new law also gives broad powers to the Minister of Public Safety to designate certain arrivals as «Designated Foreign Nationals» - a label that carries mandatory detention, accellerated timelines, restricted access to the refugee system, and draconian conditions on refugees, including a five - year waiting period between a successful claim and an application for permanent residency.

However, the registration processes for national and international applications filed before the new law's entry into force must be finalised within the scope of the...

Recently named a Legal AI Leader 2018 by the National Law Journal and a Top 25 Machine Learning Company by CIO Applications Magazine, Kim Technologies is leading digital transformation in some of the world's largest law departmenLaw Journal and a Top 25 Machine Learning Company by CIO Applications Magazine, Kim Technologies is leading digital transformation in some of the world's largest law departmenlaw departments.

Sally has provided technical assistance, trainings, and facilitation to groups on local, state, and national levels and has co-authored a number of publications including The U Visa: Obtaining Status for Immigrant Victims of Crime (ILRC), The VAWA Manual: Immigration Relief for Abused Immigrants (ILRC), Immigration Benchbook for Juvenile and Family Court Judges (ILRC), and Application of Protection Remedies for Victims of Domestic Abuse, Human Trafficking, and Crime under U.S. Law to Persons Physically Present in the U.S. Territories (Family Violence Prevention Fund).

These measures shall not concern the application of national criminal law or the national administration of justice.