Sentences with phrase «ensured effective judicial protection»

«does not enable an organisation such as LZ to be ensured effective judicial protection of the various specific rights inherent in the right of public participation, within the meaning of Article 6 of the Aarhus Convention» (para 68).

The Court's contention that EU law provides for a complete system of remedies, or at least remedies «sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law» (Case C - 64 / 16, para. 34) has to be understood as a formalistic conception in the sense that BITs clearly provide more complete and effective remedies to investors than EU law or domestic law — and this understanding has been at the heart of the reasoning of arbitral tribunals in cases where they have rejected the argument that intra-EU BITs are incompatible with EU law.

This abstract idea is complemented by the more practical concern about the «full effectiveness of EU law» (para. 56), a central part of which is the availability of «remedies sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law».

In the case of the CFSP the national courts replace the CJEU and have to ensure effective judicial protection of individuals also in the absence of the Court's competence to make preliminary rulings and monopoly to annul EU law (AG view, para 102).

it is for the national court, in order to ensure effective judicial protection in the fields covered by EU environmental law, to interpret its national law in a way which, to the fullest extent possible, is consistent with the objectives laid down in Article 9 (3) of the Aarhus Convention.

Not exact matches

Judicial authorisation is an important safeguard to ensure effective protection of the rights of an incapacitated person to freedom from inhuman or degrading treatment, and to respect for their physical and moral integrity under the European Convention on Human Rights, Art 3 and Art 8.