Sentences with phrase «equal treatment cases»

Firstly: what is the significance of detrimental reliance in an equal treatment case?

Not exact matches

Case in point is the civil rights movement the responsibility of the church is to fight for the equal treatment of all human beings in all places at all times no matter what policies the state has in place.

For example, in Marshall [1986], EU: C: 1986:84 Case 152/84 a claimant successfully invoked the provisions of the Equal Treatment Directive 76/207 against a public - sector hospital.

Evidently, leaving the balancing to national courts would not solve the problem of divergent judgments in individual cases, which would again adversely affect legal certainty and equal treatment.

I suspect that Garner and I differ quite a bit politically, but I like to think we agree that the ideal of equal treatment under the law is best served when legal writing strives to be democratic (note the lower - case «d' there) rather than exclusionary, and, legal terms of art aside, understandable by any literate person.

In the Grzelczyk line of cases, any claim to social assistance by an EU citizen would have to be considered in the light of equal treatment by national authorities, although this claim could have consequences for the right of residence.

Secondly, the employment anti-discrimination Directives (Directive 2000 / 78 / EC; Directive 2000 / 43 / EC on the equal treatment between persons irrespective of racial or ethnic origin and Directive 2006 / 54 / EC on the equal treatment of men and women in employment) do not refer to obesity either, and the fact that this case concerns an area falling within the Union's competence (i.e. employment policy) «is an insufficient foundation for concluding that a Member State -LRB-...) is «implementing» EU law.»

Very generally speaking, more serious accidents, injuries and treatments, and higher lost wages, coupled with higher insurance policies from defendant drivers, equal the highest value cases.

There are, however, some rules limiting the freedom of arbitrators to form the procedure and express their views on the merits of the case, like the principle of equal treatment of the parties, principle of independency, principle of neutrality towards the parties.

O'Brien v Ministry of Justice [2013] UKSC 6 and (C - 393 / 10)[2012] 2 C.M.L.R. 25: a landmark case on whether part - time judges in the UK are workers, and so entitled to equal treatment in respect of pension benefits.

56 In a similar vein, Article 24 (2) of Directive 2004/38 allows a derogation from the principle of equal treatment enjoyed by Union citizens other than workers, self - employed persons, persons who retain such status and members of their families who reside within the territory of the host Member State, by permitting that State not to confer entitlement to social assistance, in particular for the first three months of residence (see Joined Cases C ‑ 22 / 08 and C ‑ 23 / 08 Vatsouras and Koupatantze [2009] ECR I ‑ 4585, paragraphs 34 and 35).

Its conclusions turned on its interpretation of the equal treatment principle in Council Directive 79 / 7 / EEC on equal treatment for men and women in matters of social security, and on the CJEU's seminal judgment in Case C - 423 / 04 Richards v Secretary of State of Work and Pensions.

The landmark 1954 case considered whether or not public education systems of racial segregation, premised on «separate but equal» treatment of white and black students, actually served to perpetuate inferior accommodations, services and opportunities for black students.

That defence has hitherto failed when based on trade union action to protect wages but one interesting question in an «equal ops» case (shorn of the complicated arguments on the Posted Workers Directive) would be whether such a justification defence would be more likely to succeed if itself based on another area of EC law, ie the Equal Treatment Direcequal ops» case (shorn of the complicated arguments on the Posted Workers Directive) would be whether such a justification defence would be more likely to succeed if itself based on another area of EC law, ie the Equal Treatment DirecEqual Treatment Directive.

The Disability Rights Commission (DRC), which backed Sharon Coleman, says her case concerns the interpretation of the EU's Equal Treatment Framework Directive and its impact on UK disability discrimination legislation.

NATIONAL ATTITUDES REGARDING GENDER BIAS IN CHILD CUSTODY CASES Douglas Dotterweich Michael McKinney Recent changes in family law have mandated equal treatment in child custody cCASES Douglas Dotterweich Michael McKinney Recent changes in family law have mandated equal treatment in child custody casescases.

Since then there have been many cases brought against many different levels of government, most of which insisted upon equal treatment under the law.

Judge Tanaka of the International Court of Justice stated, in the South West Africa case, that «The principle of equality before the law does not mean the absolute equality, namely the equal treatment of men without regard to the individual, concrete circumstances, but it means the relative equality, namely the principles to treat equally what are equal and unequally what are unequal... To treat unequal matters differently according to their inequality is not only permitted but required», (1966) ICJ Rep 6, pp303 - 305.