With this approach, a less restrictive reading of the Association Agreement and its Protocol could have been reached, while the case at hand still could have been easily dismissed (as the Advocate General also does in the second part of his opinion, pointing towards the ancillary character of the passive freedom to receive services in
the concrete circumstances of the case, paras 78 - 79).
Not exact matches
The differing
circumstances only complicated the picture, but the effects
of the phenomenon became clearer: The first patients examined in the US were all found to have
concrete medical symptoms, and in the
case of the younger man, they were fairly serious.
«When the Church, through your service, sets about to declare the truth about marriage in a
concrete case, for the good
of the faithful, at the same time you must always remember that those who, by choice or unhappy
circumstances of life, are living in an objective state
of error, continue to be the object
of the merciful love
of Christ and thus the Church herself.
Of course, in many
concrete cases circumstances may be such that they can not be solved in actuality.
Grief manifests differently for everyone, especially in the
circumstance of a cold
case where the absence
of concrete evidence doesn't allow for proper grief, but Sarah's self - destruction is especially difficult to watch.
In the present
case, not only were socio - economic factors not at the forefront
of the decision - making process, but the attempt to justify retention
of the procedure was characterised by general claims, unsupported by
concrete evidence and disassociated from the particular
circumstances of the appellant's
case.
This makes them quite different from normal appeals, which involve
cases that arise out
of specific
concrete circumstances, that come with a context that has been judicially explored by the lower courts, that have an established set
of relevant facts that have been tested through an adversary process, and that are essentially retrospective, arriving at general and abstract questions only as they emerge from those
concrete fact and law
circumstances.
Judge Tanaka
of the International Court
of Justice stated, in the South West Africa
case, that «The principle
of equality before the law does not mean the absolute equality, namely the equal treatment
of men without regard to the individual,
concrete circumstances, but it means the relative equality, namely the principles to treat equally what are equal and unequally what are unequal... To treat unequal matters differently according to their inequality is not only permitted but required», (1966) ICJ Rep 6, pp303 - 305.