Sentences with phrase «conflict with national law»

Because of an identified real or perceived conflict with national law.

Thirdly, the doctrine of supremacy of EU law demands that in a case of conflict with national law, EU law should prevail.

They can pass any state law that doesn't conflict with national law or the constitution.

Not exact matches

But while the European Commission says the reforms will make it easier for businesses, a conflict between the regulation and another EU directive on e-privacy could mean national telecommunications laws would override some elements of the regulation, meaning in some cases companies would still face complying with 27 different national laws.

That led TM to seek a ruling from the NEB confirming that the Board had the jurisdiction to authorize TM's activities, and, to the extent that Burnaby's by - laws were making it impossible for TM to carry out the necessary tests, a ruling that the by - laws were constitutionally inapplicable, or if not inapplicable, were in conflict with the provisions of the National Energy Board Act and therefore inoperative on the basis of the paramountcy doctrine.

Conflicts of National Laws with International Business Activity: Issues of Extraterritoriality, British - North American Committee 30, by A.H. Hermann.

Because the EU regulations are not fully harmonised in all aspects Member States may adopt rules at national level in areas that are not harmonised at EU level — provided that these national rules are proportionate, justified and do not conflict with rules of EU law (in particular the rules of the Treaty).

11.1 These By - laws shall not conflict with the By - laws of the National Athletic Trainers» Association (NATA).

Under EU law member states are free to adopt national - level rules on infant and follow - on formula provided they are «justified and proportionate» and do not conflict with EU law.

By comparing individuals» subjective interpretations and feelings (through interviews) with large scale data (in reports) and laws (outlined by human rights and Thai national laws), the research utilizes the triangulation approach to come up with a study that attempts to respect both the micro (individual) and macro (context) and therefore paint the human faces of displaced persons affected by factors beyond their control (conflict in Myanmar and Thai politics and law).

This article aims to demonstrate that current international relations governed by the law of the strongest necessarily have to be governed in the future for a world government that is able to preserve world peace, defend the general interests of the planet making them compatible with the interests of every nation, mediate international conflicts and build consensus among all national states.

In some contexts, national laws and policies, and even the preferences of refugee community members, may conflict with the global strategy.»

As part of a two - day national summit here on revitalizing native languages, three founders of immersion schools that are teaching children Cherokee, Ojibwe, and Native Hawaiian contended that some No Child Left Behind provisions present huge hurdles for language - immersion programs or schools and conflict with schooling rights spelled out in another federal law, the Native American Languages...

Bill would damage credit scores of million of consumers Consumer Action joined the National Consumer Law Center and other organizations in opposition to HR 435 — legislation that would reduce consumers» control over their own data by preempting state and federal privacy protections, damage the credit scores of millions of consumers with a disproportionate impact on African Americans, and conflict with long - standing state utility regulatory consumer protections.

The once clear boundaries between national and international law have broken down, creating a multi-layered system with hierarchy and conflict rules.

In conclusion, one can state that the primacy of EU law, as interpreted by the ECJ inTaricco I ruling, does not conflict with national fundamental human rights; indeed, like Italy, even the other EU Member States, together with individual human rights, protect fundamental social rights.

He investigates the similarities and differences between the national judicial treatment in applying and interpreting EU and ECHR law and concludes that accession will not render these differences moot: in fact, the CJEU clarified in the Kamberaj case that EU law does not require the disapplication of domestic law conflicting with the Convention — the effects of the ECHR will therefore continue to depend on the national constitutions, not the law of the EU (pp. 156 - 158).

The ECJ has ruled that a national laws that permit motor insurers to deny a third - party claim on the ground that the policyholder's misrepresentation renders it void ab itio conflicts with EU law.

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.

(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.

Indeed, the National Assembly had commissioned a report from three renowned legal experts who concluded that the province could implement a provincial framework for doctor assisted dying without coming into conflict with federal criminal law (though there are many who would disagree).

Pursuant to EU law, national courts may not make determinations which conflict with European Commission decisions on certain EU competition law issues.

In conclusion, one can state that the primacy of EU law, as interpreted by the ECJ, does not conflict with national fundamental rights.

78 The Member States must not only interpret their national law in a manner consistent with European Union law but also make sure they do not rely on an interpretation of an instrument of secondary legislation which would be in conflict with the fundamental rights protected by the legal order of the European Union (see Parliament v Council, paragraph 105, and Detiček, paragraph 34).

«Work Life Winner: Meredith Connell: New Zealand Law Firm Encourages Nap Time Main NALP National Study: How Legal Employers Assist Lawyers in Dealing with Work - Life Conflict»

1) we agree to disagree:) 2) supremacy of EU law for the EU system is the equivalent of the hard core of constitutional values that some national Courts defend against EU (and ECHR)- it is not a matter of «legitimacy» or «patriotism» but of using a «lower rank» instrument (accession treaty) to interfere with a treaty rule: the identical issue is for States who have a «rigid» constitution (alike the Treaty binds the CIEU): the accession treaty to ECHR or EU has a «lower rank» than the Constitution itself, so that the national Constitutional Court can not accept it can derogate to a higher ranking rule - usually they will find a way to reconcile the «construction» of the two set of rules, but if they are requested of an opinion on the point of principle, they will always say that in the very end, if all other paths have been explored to avoid the conflict, eventually it is the Constitution and neither ECHR nor EUwhich prevails.

The defects in our national law conflict with the superior Community law requirement that the insurance cover afforded to third parties should embrace any use to which the vehicle is put and that the effects of any breach of policy term by the user should be confined to the insurer and its policyholder.

However, «If the national court were thus to come to the view that the obligation to disapply the provisions of the Criminal Code at issue conflicts with the principle that offences and penalties must be defined by law, it would not be obliged to comply with that obligation, even if compliance with the obligation allowed a national situation incompatible with EU law to be remedied»: in fact, it is for the national legislature to take the necessary measures.

As an attorney, he is a Certified Family Law Specialist and the Senior Family Mediator with the National Conflict Resolution Center in San Diego.

Michelle also interned with Bill Eddy at the National Conflict Resolution Center, in San Diego, where she developed conflict resolution skills and techniques for handling high conflict family law dConflict Resolution Center, in San Diego, where she developed conflict resolution skills and techniques for handling high conflict family law dconflict resolution skills and techniques for handling high conflict family law dconflict family law disputes.

Papa & Roberts, PLLC is a Middle Tennessee based law firm and mediation provider, located conveniently in Brentwood, Tennessee, only minutes from Franklin, Nashville and other parts of middle Tennessee, committed to providing you with local area and national resources to help you through your business and organizational conflicts, divorce, and other life or organizational transitions.

During law school, Michelle interned with Bill Eddy at the National Conflict Resolution Center, in San Diego, where she developed conflict resolution skills and techniques for handling high conflict family law dConflict Resolution Center, in San Diego, where she developed conflict resolution skills and techniques for handling high conflict family law dconflict resolution skills and techniques for handling high conflict family law dconflict family law disputes.

Against a national backdrop of policymaking that often appears to willfully ignore clear and compelling data, it is important to note that 17 states have laws on abortion that match at least five of 10 major categories of restrictions that conflict with scientific evidence.