Sentences with phrase «envisaged agreement»

[4] Hence, if all Member States ratify and the EU concludes CETA, the Court would no longer be able to give an opinion on its compatibility with EU law because CETA would no longer be an «envisaged agreement», but already in force.

It held «this opinion of the Court relates only to the nature of the competence of the European Union to sign and conclude the envisaged agreement.

Clearly, if it wishes to renegotiate ACTA, it would need to take away the concerns of the European Parliament and therefore need to know the compatibility of the envisaged agreement with fundamental rights.

In the Member States and the Council's view, «a conclusion [in favour of an ERTA effect] may be reached only after a precise and specific analysis of the nature and content of the EU rules concerned and of the relationship between those rules and the envisaged agreement which shows that that agreement is capable of affecting those rules or of altering their scope» (para. 50).

The envisaged agreement would regulate the exchange and processing of PNR data — which reveals passengers» personal information, itinerary, travel preferences and habits — between the EU and Canada.

To this end, the ECJ analysed each provision of the envisaged agreement to determine whether they were clear and precise enough to be limited to what is strictly necessary.

«Finally, the link which the provisions of Chapter 13 of the envisaged agreement display with trade between the European Union and the Republic of Singapore is also specific in nature because a breach of the provisions concerning social protection of workers and environmental protection, set out in that chapter, authorises the other Party — in accordance with the rule of customary international law codified in Article 60 (1) of the Convention on the law of treaties, -LSB-...]-- to terminate or suspend the liberalisation, provided for in the other provisions of the envisaged agreement, of that trade.»

For the AG, the access to the data and the use of the transferred data by Canadian authorities is not sufficiently regulated in the envisaged agreement.

Similarly, the envisaged agreement does not stick to a strict principle of purpose limitation as the processing of PNR data is not strictly limited to the fight against terrorism and serious crime (paras 236 - 237).

The processing of sensitive data is allowed by the envisaged agreement but, for the AG, this is not acceptable as it creates a risk of stigmatization (para. 222).

He considers that, excluding sensitive data, all categories of PNR data are considered relevant for the purpose of the envisaged agreement.

Not exact matches

Apart from being consistent with the Bank's statutory obligations, it is what has been envisaged in successive formal agreements between two Treasurers and two Governors stretching back now over a dozen years.

Emerging details of the bailout agreement for Greece envisage the same pattern of external rule.

The Commission, or the High Representative of the Union for Foreign Affairs and Security Policy where the agreement envisaged relates exclusively or principally to the common foreign and security policy, shall submit recommendations to the Council, which shall adopt a decision authorising the opening of negotiations and, depending on the subject of the agreement envisaged, nominating the Union negotiator or the head of the Union's negotiating team.

The Coalition Agreement envisaged the Liberal Democrats not supporting their own Government's policy on student finance, Trident and support for marriage.

But the EU, US, Japan and other developed countries insist that INDCs were always envisaged to focus on mitigation (ie cutting emissions) and that other issues such as adaptation, finance and technology transfer should be covered separately in any agreement.

They failed to reach agreement because of the horrific costs of implementing greenhouse gas emissions control measures as envisaged in the Kyoto Protocol.

For example, heading 17 of the annex, on «general remarks», covers all «supplementary information apart from that listed elsewhere in the annex to the agreement envisaged» (para. 217).

The AG regrets that the agreement envisaged «does not indicate the objective reasons that led the contracting parties to increase the PNR data retention period to a maximum of five years» (para. 279).

In addition, the AG's opinion considers that the scope ratione personae of the agreement envisaged is not too broad and that the massive and indiscriminate transfer of personal data is necessary.

One may envisage a situation in which a UK citizen resident in a Member State challenges a national law restricting their residence or associated rights by claiming before the EU - UK court that the national law violates the agreement between the United Kingdom and the European Union.

Although the proposals have limited the substantive remit of such a potential court to citizens» rights, due to this area being the most contentious between the EU and the UK, in principle one could envisage a joint court with jurisdiction over all aspects of the withdrawal agreement.

As to the first issue, the ECJ agreed with the EP that, contrary to what the Council claimed, the decision could not be based on Article 82 (1)(d) TFEU (judicial cooperation), as none of the provisions of the agreement envisages a facilitation of judicial cooperation.

This means that an agreement must be «envisaged».

Following a classical reasoning on the assessment of the proportionality of the interference (see for example Schwarz, C ‑ 291 / 12, para. 53), the AG explains that the proposed agreement «must also consist of the measures least harmful -LSB-...] while making an effective contribution to the public security objective pursued by the agreement envisaged».

Such an agreement could not be envisaged in the case of «rUK», which has made it clear that it will not renege on its claim to be the continuation of the UK.

The lease will need to create a structure which envisages a relationship of co-operation, information sharing about energy monitoring and use, and agreement of an energy management plan (EMP).

The Council, the Commission or a Member State may obtain the opinion of the Court of Justice as to whether an agreement envisaged is compatible with the provisions of this Treaty.

«If an international treaty or agreement of the Russian Federation stipulates other rules than those envisaged by l... https://t.co/SejM5iNYYd

While the division of views in the Supreme Court in Edwards might create difficulty in addressing the question of how that intention is to be divined the soundness of introducing a requirement in dismissal cases for an express contractual agreement permitting common law damages, as envisaged by Lords Dyson, Wilson and Mance was, at the very least doubted by Lords Phillips, Kerr and Walker and Lady Hale.

As a first step to the envisaged establishment of the MIC, the EU has been seeking the establishment of an individual standing investment court under each of its recent investment agreements with third countries, to replace the previous «ad hoc» arbitration model.

Another mechanism provided within the NTA is the Indigenous Land Use Agreement (ILUA) provisions, particularly those in relation to area agreements.50 Of particular relevance is section 24CB (c) that provides for ILUAs about «the relationship between native title rights and interests and other rights and interests in relation to the area»51 This section envisages native title as part of a range of interests that exist within a region.

The Agreements also envisage:

Where framework agreements create legal relations, Indigenous parties may encounter enforcement difficulties if the development envisaged has proceeded without providing promised benefits, such as training or employment targets.

Martinez also recommends that agreements negotiated in a treaty - making process such as that envisaged by the draft Bill should maintain their character as «instruments with international status».

While the Commonwealth has failed to envisage a development role for native title, the opportunity exists within native title negotiations and agreement - making to build the governance models necessary to achieve sustainable development for the traditional owner group.

While the Taskforce Paper was not specific, it appears that the recommendations envisaged that, in return for the enactment of a heritage survey agreement requirement, native title parties may be required to give up their statutory right to object when and if the expedited procedure is applied to exploration and prospecting licence applications.