Sentences with phrase «by national courts»

It's the first ruling ordering a government to cut its carbon pollution by a national court that has the power to enforce its decisions.

If such facts are deemed to exist by national courts, it is up to the respondent to prove that there was in fact no discrimination.

Such balancing exercise is to be applied on a case - by - case basis by the national courts.

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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 latter type of practices need to be determined by the national courts on a case - by - case assessment and in the light of the criteria set out in the Articles 5 to 9 of Directive 2005 / 29 / EC.

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«The question of whether Article 50 is revocable is European Union law and can not be decided by the national courts, it's a question for the European Court of Justice,» she adds.

It may happen that the principle of direct applicability of EU provisions by national courts — a more specific element of the principle of direct effect and primacy — reaches its limits.

Under the proposed changes fewer cases would come before the court, as those «identical in substance to a claim that has been considered by a national court» would no longer be eligible - unless the national court had failed to interpret the convention correctly.

Flores, formerly of East Meadow, was found guilty Feb. 7 by a national court judge in the city of San Salvador of aggravated extortion, according to a news release from the office of El Salvador's General Prosecutor of the Republic.

It confined itself to state in para. 53 that these rights must be protected by national courts somehow.

No such preponderant interest exists in the current case according to the Court however, this is an assessment which must be made by the national court [98].

According to the Court this balancing is to be done by the national courts in the light of the principle of effectiveness.

In brief, it may be suggested that such dicta by the national court of a Member State in relation to the internal constitutional processes of another Member State may be construed as encroaching into unwarranted appraisal of «fundamental structures, political and constitutional» of a Member State as protected by Article 4 (2) TEU.

62 However, Article 6 (3) TEU does not govern the relationship between the ECHR and the legal systems of the Member States and nor does it lay down the consequences to be drawn by a national court in case of conflict between the rights guaranteed by that convention and a provision of national law.

Coincidently, I just read a free movement of goods case again (Dynamic Media Vertrieb 244/06) and it although the case is quite different, the Court also highlights the importance of judicial review by national courts of decisions by authorities that affect EU rights (in this case the right to market products in another MS).

This procedure must therefore be open for all questions capable of submission for judicial consideration, either by the court of justice or possible by national courts, in so far as such questions give rise to doubt either as to the substantive or formal validity of the agreement with regard to the treaty.

As a consequence of such an interpretation, all cases would be encompassed which could potentially form the basis of a complaint under the ECHR, which are annulment actions, but also actions in damages and preliminary ruling procedures engaged by national courts in the area of the CFSP.

However, it can be criticized that a problem should be resolved at the international legal level of the accession agreement that is — at the end of the day — essentially an internal one of the EU legal order, namely the potential disrespect by national courts of the duty to refer EU law questions to the Court.

The rules relating to conflicts of interest and bias under the national arbitration laws of England, France, Switzerland and the US is set out in the third section of the book, again illustrated with numerous key cases decided in those jurisdictions by the national courts.

Any defect in reg 3 as drafted could be remedied by the national court reading down and reading in what the emerging ECJ jurisprudence required to be read in to achieve compatibility.

It held that the rights of the defence, among which the right to be heard, were among the «fundamental rights that form an integral part of the European Union legal order» and that «where national legislation comes within the scope of European Union law» the Court was to provide all the criteria of interpretation required by national courts to determine the compatibility of national law with fundamental rights (para 28).

The Nuremberg Tribunal considered a number of factors relevant to its conclusion that the authors of particular prohibitions incur individual responsibility: the clear and unequivocal recognition of the rules of warfare in international law and State practice indicating an intention to criminalize the prohibition, including statements by government officials and international organizations, as well as punishment of violations by national courts and military tribunals (id., at 445 - 47, 467).

Also from a qualitative point of view, the most important judgments of the ECJ have been issued after a preliminary reference by a national court — except perhaps in the areas of European administrative law, intellectual property and competition law, which are first brought before the General Court.

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So let's provoke: the idea that breaches of State aid law can be solved by national courts is nice, but wrong.

Venables was, for example, referred to by Mr Justice Munby in R (on the application of the Howard League for Penal Reform) v Secretary of State for the Home Department [2002] EWHC 2497 (Admin), [2002] All ER (D) 465 (Nov) to illustrate the proposition that unincorporated international instruments such as the UK Convention on the Rights of the Child should be consulted by the national courts since they reaffirmed basic fundamental rights guarantees.

Although the last word on Article 6 needs to be said by the national court who alone is the judge of the risk of irreconcilable judgments, clearly in the AG's mind there is a strong likelihood of such risk in the event of follow - up damages in the case of a cartel which has been found to be illegal by the European Commission and where all members to it have acted within one and the same intent (again, as established by the EC).

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There are two other elements that need to be separately determined by the national court: the existence of a loss suffered by the plaintiff and the direct causal link between the loss and the anticompetitive practice (paragraph 65).

In arbitration, disputes are resolved with binding effect by a person or persons acting in a judicial manner in private, rather than by a national court of law that would have jurisdiction unless the parties have prior agreement to exclude it.

To avoid such a result, the court analysed in some detail how the doctrine of the supremacy of EU law and the requirement to «disapply» incompatible national legislation has been interpreted and applied by national courts.

Article 234 of the treaty confers the ECJ's jurisdiction to deliver preliminary rulings on issues referred to it by a national court.