Sentences with phrase «effective remedies under»

In this situation, where the appellant could have sought effective remedies under the Collective Agreement, there is no need for the exercise of that residual jurisdiction.

Lord Justice Lloyd Jones referred to the ECtHR cases regarding: the right to an effective remedy under Article 13; where an investigative obligation had been found within Article 3 itself; and where ill treatment on the part of non state agent third parties had grounded such an obligation.

The appellant's counsel, Philip Moser, argued the Court of Appeal judgment imposed onerous obligations on agents, many of whom were of limited means, who would bear some costs of instructing valuers to quantify the agency value, denying them an effective remedy under the Directive.

It recommends that persons who claim that their rights have been violated should have an effective remedy under that law.

Not exact matches

2.30 pm Oral Questions Ensuring effective implementation of the stalking offences under the Protection of Freedoms Act 2012 - Lord Kennedy of Southwark Reducing the geographic disparity in Gross Value Added per head within the UK - Lord Wigley British Academy's report «Languages: the State of the Nation» concluding that the UK will be unable to meet its aspirations for growth and global influence unless action is taken to remedy the deficit in foreign language skills - Baroness Coussins Office of Fair Trading's report on payday loans - Lord Mitchell Legislation Growth and Infrastructure Bill - Report stage (Day 2)- Baroness Hanham Orders and Regulations Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 and Motion to Regret - Viscount Younger of Leckie / Lord Young of Norwood Green

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According to the applicants, setting aside the judgment under appeal, or in the alternative reducing the fine imposed on them, constituted such effective remedies.

(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.

The Court held that the procedures under UK law must comply with the principles of effectiveness and equivalence, and the right to an effective remedy.

A. 20 In effect, this means that whilst decisions of the DSB create an obligation on the part of the losing party to comply with WTO rules, enforcement can be achieved by various means — including amicable settlement, compensation, or the suspension of trade concessions.101 Indeed, it was for this reason that the CJEU found in the case of Portugal v Council that a DSB decision did not oblige the losing party to achieve full implementation of its recommendations, where the possibility of temporary compensation or retaliatory measures remained available.102 In other words, the outcome was prescribed, but not the means.103 This contrasts with the position under EU law, where there is a right to an effective remedy from a judicial body.

The court declined to exercise its discretion to hear the application because a more effective remedy (a promotion) was available under the grievance procedure — a remedy that the court could not order.

Giving the lead judgment, Lord Justice Underhill said there was provision for «exceptional circumstances», which meant the system could not be said to be so unaffordable that no effective remedy existed under EU law.

The ET declined jurisdiction because the employee was not based in the UK, thus leaving the employee without an effective remedy in respect of his directly effective EC rights under the Working Time Regulations.

[43]... Mr. Khadr is not under the control of the Canadian government; the likelihood that the proposed remedy will be effective is unclear; and the impact on Canadian foreign relations of a repatriation request can not be properly assessed by the Court.

The Human Rights Committee reminds signatories «of the interrelationship between the positive obligations imposed under article 2 and the need to provide effective remedies in the event of breach under article 2 -LSB-(3)-RSB-».

It also raises concerns under Article 6 of the Convention, which provides that «States... shall assure to everyone within their jurisdiction effective protection and remedies... against any acts of racial discrimination.»

The Commonwealth legislation's authorisation of state and territory native title regimes also denies Indigenous peoples «effective protection and remedies» against acts of racial discrimination that violate their human rights and fundamental freedoms, as required under Article 6.

Effective implementation of the DDF, under the rules and regulations already passed by CREA, allow the majority of membership to bypass the limitations inherent in CREA (as pointed out by Merv below) and remedy the current situation in a way that is compliant with the competition bureau.