Sentences with phrase «fundamental constitutional protections»

We've spent billions of dollars, locked up so many people we have a higher rate of incarceration than the Soviet Union did, done real harm to some of our most fundamental Constitutional protections, and for what?

Not exact matches

It will, accordingly, afford constitutional protection (or the equivalent, among the rights tacitly retained by the people) to the fundamental human right to personal initiative, including economic initiative.

Conflict may ensue between constitutional courts and the CJEU, especially in cases where the former are required by the latter to decrease the level of protection of fundamental rights afforded by their constitutions.

The scope of EU fundamental rights protection and the influence of the Charter of Fundamental Rights on this scope is a much discussed topic among EU constitutionfundamental rights protection and the influence of the Charter of Fundamental Rights on this scope is a much discussed topic among EU constitutionFundamental Rights on this scope is a much discussed topic among EU constitutional lawyers.

In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91).

The most fascinating question is whether for the first time the ECJ will authorise a national court to disapply an EU legal provision to protect its national constitutional identity or higher national standards of fundamental rights» protection.

It did so to anticipate challenges to the primacy of EU law by national constitutional courts and the Court therefore took great care in stressing the autonomous nature of EU fundamental rights protection.

[1] On a higher level of abstraction, the plausibility of the Court's reasoning also depends on the view one has of the EU in general: is it an autonomous constitutional order based on the protection of fundamental rights and certain foundational values?

Second, I will explore whether the ECJ can still withdraw from its stance taken in Taricco I without opening the Pandora's box of exceptions to the EU law primacy: either due to national constitutional identity (Article 4 (2) TEU) or higher national standards of fundamental rights» protection (Article 53 of the Charter of Fundamentfundamental rights» protection (Article 53 of the Charter of FundamentalFundamental Rights).

Essentially, the national court asks whether Simmenthal II applies to the ECHR now that article 6 (3) TEU states that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law».

In addition, he states that «a concept demanding protection for a fundamental right must not be confused with an attack on the national identity or, more specifically the national constitutional identity of a Member State.»

If we reach agreement on the fundamental rights of the citizen, on their definition and protection in all parts of Canada, we shall have taken a major step towards basic constitutional reform.

Uniformity or deference to national constitutional traditions in the protection of fundamental rights?

We are dedicated to providing zealous advocacy, community oriented defense and protection of fundamental constitutional and human rights.

The Court of Justice reached this decision, which was highly controversial, after conducting a review of the scope of the protection afforded to communications with in - house counsel across the member states of the EU, and finding there not to be a sufficiently broad consensus on this point to justify the extension of the privilege, given that it was identified as being one of the fundamental principles of law common to the constitutional traditions of the member states.

The protection of communications between attorney and client ultimately relies on fundamental constitutional rights, such as the right to freedom and confidentiality of correspondence and of every other form of communication (article 15 of the Constitution of the Italian Republic) and the right of defence (article 24 of the Constitution of the Italian Republic).

The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Comfundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of ComFundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.

Not all judges — not all Supreme Court judges — accept that interpretive protection of fundamental constitutional norms is as far as the courts may legitimately go.

Indeed, as noted recently by L.S. Rossi, the ECJ has never identified the constitutional identity clause enshrined in Article 4 (2) TEU as the privileged arena to deal the multilevel protection fundamental rights in its case law on the application of.

[39] These are very broad principles, of course, but in Canadian administrative law they tend to equate with, respectively, the protection of constitutional fundamentals (including rights) and giving effect to legislative intent.

The use of the constitutional identity clause, then, should be revisited, in primis among those scholars who have overweighed the respect of the national identity as a «problem - solver», i.e. a means to reconcile the differences between Member States and the Union as far as a different degree of protection of fundamental rights is concerned.