Sentences with phrase «decisions under article»

Their analysis concerned decisions under Article 3 (torture and ill treatment), 6 (fair trial) and 8 (right to family life).

Not exact matches

But after the news broke, a Breitbart editor decided to ramp up the controversy even further by posting an article mocking Shapiro and his decision to leave — an article that was published under the name William Bigelow, a pseudonym used by the former Breitbart writer's father.

In the March 2009 article entitled «Expert Financial Advice Neurobiologically «Offloads» Financial Decision - Making under Risk», Jan Engelmann, Monica Capra, Charles Noussair and Gregory Berns investigate the neurobiological basis of the influence of expert advice on financial decisions via functional Magnetic Resonance Imaging monitoring of individuals choosing between a certain payment and a lottery, with and without expert advice.

That number informs Jonah Peretti's decision, joined by others, to jump under the covers with Facebook Instant Articles («Newsonomics: BuzzFeed and The New York Times play Facebook's ubiquity game»).

That's one thing the cited articles don't really address — why and under what circumstances women choose one decision over the other.

Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».

Following the party's decision to support the European Union (Notification of Withdrawal) Bill 2017, at least three shadow cabinet ministers, all representing constituencies which voted to remain in the EU, resigned from their position as a result of the party's decision to invoke Article 50 under the bill.

Mr Woyome who claims his human rights has been abused and was occasioned by the Review Decision of the Supreme Court of Ghana has sent this aspect of the case to the African Court on Human and Peoples» Right in Arusha Tanzania by invoking article 40 read together with article 75 of the 1992 constitution of The Republic of Ghana under case number Ref: AfCHPR / Reg.

«A negotiation with the European Union will need to begin under a new prime minister and I think it is right that this new prime minister take the decision about when to trigger article 50 and start the formal and legal process of leaving the EU,» he said.

[10] He said that «A negotiation with the European Union will need to begin under a new Prime Minister, and I think it is right that this new Prime Minister takes the decision about when to trigger Article 50 and start the formal and legal process of leaving the EU.»

Any action taken by the membership at an Annual or Special Meeting, except taken at a Special Meeting under the provisions of Article VIII, and any action taken by the Board of Directors, except action taken under the provisions of Article VIII, shall be brought promptly to the voting membership of the Club for decision by mail ballot if a petition for that purpose is submitted to the Secretary within 30 days after the first day of the month next following the month in which Minutes of the meeting or notice of the Board action is published in the Club publication.

Nintendo has come under a lot of fire for region locking its hardware, but the company defended its decision in a VG247 article published in 2011:

Decision 6 / CMP.9: Guidance for reporting information on activities under Article 3, paragraphs 3 and 4, of the Kyoto Protocol Decision 2 / CMP.7: Land - use, land - use change and forestry Decision 2 / CMP.6: The Cancun Agreements: Land - use, land - use change and forestry

Decision 17 / CMP.1: Good practice guidance for land use, land - use change and forestry activities under Article 3, paragraphs 3 and 4, of the Kyoto Protocol Decision 16 / CMP.1: Land use, land - use change and forestry

For the first commitment period decision 15 / CMP.1 Guidelines for the preparation of the information required under Article 7 of the Kyoto Protocol stipulates that each Party included in Annex I shall include in its annual greenhouse gas inventory information on anthropogenic greenhouse gas emissions by sources and removals by sinks from land use, land - use change and forestry activities under Article 3, paragraph 3, and, if any, elected activities under Article 3, paragraph 4, in accordance with Article 5, paragraph 2, as elaborated by any good practice guidance in accordance with relevant decisions of the COP / MOP on land use, land - use change and forestry.

For the purpose of fulfilling commitments under Article 3, paragraph 1, of the Kyoto Protocol, a Party may, until the 100th day after the date set by the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (CMP) for the completion of the expert review process under Article 8 of the Protocol for the last year of the commitment period, continue to acquire, and other Parties may transfer to such Party, emission reduction units, certified emission reductions, assigned amount units and removal units under Articles 6, 12 and 17 of the Protocol, from the preceding commitment period, provided the eligibility of any such Party has not been suspended in accordance with decision 27 / CMP.1, annex, section XV, paragraph 4.

This article was first published on Green Air Online on 11 July 2017 Wed 12 July 2017 — Yesterday, the European Parliament's environment committee (ENVI) voted on how the aviation sector should be treated under the EU's Emissions Trading System (EU ETS), in response to a decision by the International Civil Aviation Organization (ICAO) to set...

* Covers the period when Parties included in Annex I submitted annual submissions on a voluntary basis earlier than required under Article 7, paragraph 3, of the Kyoto Protocol (see decision 22 / CMP.1, paragraph 5).

The COP / MOP, at its first session, adopted a decision (21 / CMP.1) on issues relating to adjustments under Article 5, paragraph 2, of the Kyoto Protocol.

By this decision (18 / CMP.1), an Annex I Party shall not issue removal units (RMU) for a specific activity under Article 3, paragraph 3 or a specific elected activity under Article 3, paragraph 4, associated with the year of the commitment period, if the magnitude of the adjustments to that activity exceeds 9 per cent for that year.

Criteria for cases of failure to submit information relating to GHG estimates of LULUCF activities under the Kyoto Protocol The SBSTA, at its twenty - third session, developed criteria for cases of failure to submit information relating to estimates of greenhouse gas emissions by sources and removals by sinks from activities under Article 3, paragraphs 3 and 4, of the Kyoto Protocol, similar to those described in paragraph 3 of decision 15 / CMP.1, and recommended a decision on this matter for adoption by COP / MOP at its first session (see FCCC / SBSTA / 2005 / L. 18 / Add.1).

Specifically, Article 20 of the Agreement provides that «all questions concerning the validity of decisions of the institutions of the Community taken on the basis of their competences under this Agreement shall be of the exclusive competence of the Court of Justice of the European Communities.»

Therefore, the right of family reunification under Article 10 (3)(a) of the Family Reunification Directive can not depend upon the moment where the national competent authorities formally adopt their decision recognizing the status as refugee, as this would mean submitting it to the functioning of the national administration.

He believes the decision should have been an exception under Article 93 of the Constitution and limited to the EAW.

Since the (negative) Commission decision was addressed only to Germany, the question had arisen whether Switzerland — being a non-member State — could avail itself of the Agreement in order to establish locus standi under the same conditions as the EU Member States (i.e. under Article 230 Paragraph 2, rather than 4, TFEU).

Finally, she explains that the legal basis of the decision should have been Article 93 of the Constitution (which is the basis of Spain's integration in the EU), and not the right to a fair trial as interpreted with the aid of human rights treaties under Article 10 (2) of the Constitution.

Ireland argued that Mr Pringle was precluded from requesting a preliminary reference on the basis that the correct avenue to challenge the Decision was an action for annulment under Article 263 TFEU.

[a] tax measure such as that at issue in the main proceedings, which is, according to the referring court's description of its history and purpose, intended to prevent excessive capital flow towards the Netherlands Antilles and to counter the appeal of that OCT as a tax haven, comes under the tax carve - out clause cited above and remains, consequently, outside the scope of application of Article 47 (1) of the [Seventh] OCT Decision, provided it pursues that objective in an effective and proportionate manner, which is a matter for the referring court to assess.

Especially because under Regulation 1/2003 (Article 16) the Commission's decisions in the public enforcement phase of antitrust proceedings are binding on national courts.

During her confirmation hearings, she came under fire for an article calling Roe v. Wade an «erroneous decision,» the Huffington Post reported.

It argues that the Council, when adopting the decision in question, was in fact required to give effect to the principle of solidarity between Member States, which applies under Article 80 TFEU when EU migration policy is implemented (paras. 252 and 329 of the Judgment).

the adoption by the Council of restrictive measures against Russia in CFSP Decision 2014/512 did not breach Article 40 TEU by impinging on the Union's competences under the TFEU;

At first instance, the Reviewing Judge held that the decision to impose catch limits by the Agency were irrational in based on established Public Law principals and that, in the absence of compensation, they unlawfully interfered with Mr Mott's right to peaceful enjoyment of his possessions under Article 1 of the First Protocol to the European Convention on Human Rights («A1P1»).

The decision of the Court of Appeal brings to an end a long - running case which originally disposed of a challenge to the independence of the Parking Adjudicator under Article 6 ECHR.

Unanimously allowing the appeal, nothing in s 103 (2) or (3)(or in the underlying provisions of article V of the New York Convention) provides a power to make an enforcing court's decision on an issue raised under these provisions conditional on an award debtor providing security in respect of the award.

According to article 3 (2) d of Decision ECB / 2015/10, for Member States under an ongoing financial assistance programme, such as Greece, eligibility for public sector asset purchases «shall be suspended and shall resume only in the event of a positive outcome of the review.»

The Court confirmed the Advocate General's Opinion in holding that the child's best interest must be a primary consideration [PB1] in all decisions under the Dublin II Regulation in accordance with Article 24 of the Charter of Fundamental Rights.

In my opinion the ECJ's decision in Taricco I that national courts must disapply the rules of statutes of limitations if they prevent Member States from fulfilling their obligations under Article 325 TFEU (in the present case, the relevant Italian legislation) leads to perceiving serious fraud as a crime against the rights and interests of citizens, i.e., against fundamental social human rights guaranteed under Articles 2 and 3 of the Italian Constitution, and hence calls for resolving the conflict within the Italian Constitution by balancing the rights under these articles and the accused's individual rights guaranteed by the legality principle (Art. 25 (2) Articles 2 and 3 of the Italian Constitution, and hence calls for resolving the conflict within the Italian Constitution by balancing the rights under these articles and the accused's individual rights guaranteed by the legality principle (Art. 25 (2) articles and the accused's individual rights guaranteed by the legality principle (Art. 25 (2) Const.).

The decision ten months ago reflected the decision that damages should be readjusted in accordance with the court's definition of «article of manufacture», under section 289 of the Patent Act.

The article notes a recent Supreme Court case, Board of Education v. Tom F. that let stand a decision permitting a wealthy parent to obtain reimbursement for private school education under federal law, even where the parent did not give the public school an opportunity to address the child's needs and immediately places the child in private school.

Just as Article 50 (1) specifies that a decision to give notification falls under these requirements, so too should a decision to reverse this process.

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

The AG further points out that during the whole of the application procedure the Belgian authorities assessed the application under the Visa Code, that the authorities based their decision on Article 32 (1)(b) of the Visa Code and that their decision to refuse the application was composed according to their own «decision form for short stay visas».

France, a decision last month of the European Court of Human Rights (Application n o 36769 / 08), is interesting in that it asserts a legally relevant tension between copyright law and the freedom of expression guaranteed under Article 10 of the European Convention, which provides:

This falls short of Canada's commitment under Articles 19 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples to consult with Indigenous peoples in order obtain free, prior and informed consent and underlines the limits of the duty to consult as a route to blocking government decisions.

49 and 50 mentions «interim proceedings» and «provisional decision» without it being apparent that one should read «under Article 31»).

The Commission opened the procedure under Article 108 (2) TFEU in November 2006 and took a final decision in July 2008 declaring the aid compatible with the common market, except for some measures (notably unlimited warranties) provided for in the framework agreement concluded between the airport and DHL in 2005.

Since the Court did not address the possibility of jurisdiction to issue provisional measures in interim proceedings under Article 2 - 24, it seems to me the decision is limited to jurisdiction for provisional measures under Article 31.

First of all, the Court was not convinced by the Opinion of the Advocate General (AG) Jääskinen, who proposed that the judicial review of all decisions by the Petitions Committee must be precluded under Article 263 TFEU in so far as those decisions are not challengeable acts within the meaning of that Article.

The decision of the Petitions Committee on the conclusion of the examination of a petition is therefore not a decision that can be the subject of an action for annulment under Article 263 TFEU.