Sentences with phrase «by judicial authorities»

(4) Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.

There would be sufficient procedural protection if the limitation on those rights had been sufficiently safeguarded by the procedures followed by the judicial authorities: Jasper v United Kingdom (Application no 27052 / 95)[2000] ECHR 27052 / 95.

The difficulties caused to AE by not disclosing the closed material were in the words of the Strasbourg court «sufficiently counterbalanced by the procedures followed by the judicial authorities» and that was the way in which the special advocate procedure had worked in the instant case.

For example, the AG suggests that the EU legislature should have provided a more precise description than «serious crime» [126] or subjected access to the data to oversight by judicial authorities or an independent body [127].

After Pell was order to stand trial, Vatican spokesman Greg Burke issued a statement saying: «The Holy See has taken note of the decision issued by judicial authorities in Australia regarding His Eminence Cardinal George Pell.

Under Greek law, parliament must first investigate allegations against lawmakers before they can be stripped of immunity and prosecuted by judicial authorities.

Contract law, for example, provides that by doing or saying certain things people can make binding agreements with one another that will be enforced by judicial authorities in the event that one or more parties fail to follow through on the agreement.

They may end their relationship at any time, without the exercise at any point of control by a judicial authority.

Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.

Findings: The results of the deliberations of a court or jury; the decisions expressed by a judicial authority after consideration of all the facts.

Is the review really the same: (a) when exercised by an administrative authority, in the framework of EIA, and (b) when exercised by a judicial authority in the assessment of «causal link»?

According to the principle of mutual recognition, a decision adopted by a judicial authority of a Member State (the issuing Member State), on the grounds of its internal legislation, must be recognised, accepted and executed by the executing Member States» judicial authorities, even though the same case, according to the executing Member States» law, could lead to a different outcome.

remedy for this, however, lies, not in the abuse by the judicial authority of its functions, but in the people, upon whom, after all, under our institutions, reliance must be placed for the correction of abuses committed in the exercise of a lawful power.»

By the Judicial Authority Law, as it is known, (Law No 12 of 2004), the jurisdiction of the DIFC Courts was created and Article 5 set out the exclusive jurisdiction of the Court of First Instance (CFI) to hear and determine (inter alia) civil or commercial claims which fall within subparagraphs A (1)(a)- (e).

The Court may order that a witness or expert be heard by the judicial authority of his place of permanent residence.

Deprivation of liberty must be based upon grounds and procedures established by law, be formally recorded, and be open to review by a judicial authority.

However, the mediator may disclose confidential information where ordered to do so by a judicial authority or where required to do so by law; or where the information suggests that there will be actual or potential threat to human life or safety, or the commission of a crime in the future.

One common reason is that a driver might be ordered by an Indiana judge or court to attend such a program for dangerous driving practices, too many tickets, or other reasons as determined by the judicial authority.

It pays for the bail if the insured is arrested or detained by the judicial authority of foreign country for breaking the law on foreign land, except in criminal cases.

Not exact matches

and finally resolved by arbitration in the United States under Nevada State Law which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserved.

It must recognize the Constitution as a legal text subject to legal interpretation by judges who derive their authority to render a judicial decree from the existence of the Constitution as a source of law.

A standard argument advanced by partisans of judicial supremacy is that the only alternative to tolerating the unrestrained judicial usurpation of democratic legislative authority is «legal anarchy.»

In such cases, we can either settle the issue by violence, or we can set up some authority to decide the matter, in which case we get judicial authority, of which the paradigm is the court or the judge.

Of course, the conventional reading of Marbury — shared by the decision's friends and foes alike — has it standing for a considerably broader scope of judicial authority.

According to the standard account of the matter, the power of judicial review — that is, the authority of the federal judiciary to invalidate acts of Congress and the President when they are deemed to be unconstitutional — came to be entrenched in our law by the acceptance, tacit or otherwise, of the Supreme Court's ruling in the 1803 case of Marbury v. Madison.

The Vatican in a statement Friday registered «strong shock for the manner in which some of the raids were carried out yesterday by the judicial Belgian authorities» and expressed indignation that two cardinals» tombs were violated.

With the enhancement of the dignity of the bishop and the extension of his judicial authority under the patronage of the Empire, the old cathedra upon which the ante-Nicene bishop had sat in his capacity as teacher, was gradually converted into a veritable throne, imitative of that of the emperor.25 It is quite possible that the courtly protocol and the sartorial details of the so - called Donation of Constantine are a reasonably accurate description of the dress, insignia, and prerogatives of the chief bishop of the West in the late imperial period, that even the account of the bestowal of these privileges primarily errs in fictionally ascribing to one emperor what was probably done by several in the course of the fourth and fifth centuries, and that once the fictional monopolization of these prerogatives by one bishop is removed, the Donation is recognized as supplying us with a picture of a late imperial prelate.26

«The proposition of law is one which, I think, has been accepted by the highest judicial authority, and acted upon for a great number of years.

Kareem argued that, going by numerous judicial authorities, some of which he cited on Wednesday, the development implied that Justice Tsoho's court had been robbed of jurisdiction to continue to conduct proceedings in the case until the Court of Appeal determined the fresh motion for stay before it.

Judicial review is used by individuals, businesses and organisations to test the lawfulness of government decisions and actions, from those of ministers to local authorities.

The Ghana Revenue Authority is a statutory establishment whose actions and decisions are subject to judicial review by the High Court of Ghana.

It was an abrupt kibosh on negotiations that concluded Friday with a framework for a legislative package that was said by sources to have included public financing of judicial campaigns, new Cuomo - appointed inspectors general at public universities as well as the Port Authority of New York and New Jersey.

Since 1997, by contrast, we have seen successive governments use a simple parliamentary majority to radically overhaul the structure of the judicial system; strip the office of Lord Chancellor of most of its historic authority; introduce fixed - term parliaments and devolve substantial legislative powers to selected parts of the United Kingdom.

New Paltz police can respond to a «civil immigration detainer» from federal authorities for up to 48 hours if the request is accompanied by a judicial warrant.

The legislation will also require county authorities to ignore detainer requests from federal immigration agents for individuals being held at Westchester County Jail, unless the requests are accompanied by a judicial warrant.

Bloated authority finally dealt a blow by the judicial system.

«Up till today, that Appeal Court judgment of October 10, 2010, that made Fayemi governor is not being cited as authority in any election matter and with Obasanjo's reference to Salamigate as terminology for judicial manipulation, it should be clear to Fayemi himself that he became governor by judicial fraud.

«Enough evidence has been presented to prove his innocence... in addition to that, he has been eligible for parole for more than two years,... but the judicial authorities have opposed Kokabee's release,» said his lawyer, Saeed Khalili, on 16 April, as quoted by ICHRI.

Presenting essays written by authorities in the fields of education, political science, and law, West and Dunn highlight the many areas of education policy that have made their way into U.S. courts to be debated and decided, and consider the implications of heightened judicial involvement for schools...

The decisions of public bodies, such as the Secretary of State (and therefore of RSCs where they assume the powers of the Secretary of State), local authorities and schools can be challenged by way of judicial review and other appropriate proceedings in the High Court.

«Should the legislature attempt to comply with these broad directives, even if it were to be given time extensions, by enacting new legislation, then it would have made these broad changes based solely on the views of a single Superior Court judge, without review or consideration by higher judicial authority,» the appeal says.

Section 617.1403 (1)(a) sets forth the grounds for judicial dissolution of a corporation by an action brought by the Department of Legal Affairs, which covers instances where a corporation has obtained its articles of incorporation through fraud, or has continued to exceed or abuse the authority conferred upon it by law.

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

A veterinarian who is licensed in another state, and who is in good standing in such state, providing services directly in connection with an investigation by law enforcement of an alleged violation of federal or state animal fighting or animal cruelty laws, within the scope of the investigation and / or any related judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the veterinarian for a specified period of time by the law enforcement authority with jurisdiction over the investigation; and (b) such law enforcement authority determines that the veterinarian possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.

A technician who is licensed in another state, and who is in good standing in such state, providing veterinary technology services otherwise permissible pursuant to this article directly in connection with an investigation by law enforcement of an alleged violation of federal or state animal fighting or animal cruelty laws, within the scope of the investigation and / or any related judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the technician for a specified period of time by the law enforcement authority with jurisdiction over the investigation; and (b) such law enforcement authority determines that the technician possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.

However, that does not mean that «acts» can be limited to measures of individual scope, as there will be measures of a general scope that are not taken by a public authority in a judicial or legislative capacity.

The work done by the Judges Technology Advisory Committee of the Canadian Judicial Council, after having been used for ten years, has now been examined by a specialized authority and seems to constitute the balanced solution sought after in 2005.

Word of Stone's aggressive noise cancellation tactics eventually reached Maryland's Commission on Judicial Disabilities, however, and last week the judge agreed to a five - day unpaid suspension after acknowledging that he had exceeded his authority by sentencing people for contempt without allowing them to defend themselves in court.

Thus in the words of Judge LJ: ``... the 2000 Act may properly be seen as Parliament's considered statutory framework for the disclosure of information held by public authorities, whose enactment militates against the incremental judicial perception of a common law duty to the same or any wider extent.»

Admittedly, the approach taken by the Court can be challenging for judicial authorities throughout the EU: the burden of proof that the person has had the full period to launch an objection would rest on the competent authorities and that burden may be a heavy one.