Sentences with phrase «fundamental rights cases»

And, last but not least, looking at the result of the case — the Court declared it had no jurisdiction — the Court also seems to be willing to let fundamental rights cases be decided at the national level, when there is no convincing connection to EU law which would establish its own jurisdiction.

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).

Skinner is a fundamental rights case!

Not exact matches

In each case, if we are right, the fundamentals will force investors to reevaluate their prejudices, and we will profit from the repricing of the stock.

The judge in the case has faced sanctions by the European Union «because of his harsh sentences for those on trial for exercising a fundamental human right,» the center said.

On what other great question of human rights, in this case the most fundamental right, which is the right to be protected from willful killing, does Cafardi say «the battle is over - permanently»?

So the court will hear cases involving violations of humans rights depicted in Convention for the Protection of Human Rights and Fundamental Freedoms from most of the countries in the Europe, regardless of their relationship with trights depicted in Convention for the Protection of Human Rights and Fundamental Freedoms from most of the countries in the Europe, regardless of their relationship with tRights and Fundamental Freedoms from most of the countries in the Europe, regardless of their relationship with the EU.

The Court's own case law shows that in order to maintain the abortion right at the level of fundamental law, many other sectors of the states» legal order, at both statutory and common law, need to be altered: family law, marriage law, laws regulating the medical profession, and, as we now see with the recent circuit court decisions, criminal laws prohibiting private use of lethal force.

Justice Blackmun responded that the case was not about «a fundamental right to engage in homosexual relations,» as the majority opinion pretended.

Justice Ibrahim Buba of the court in his ruling on the defendants» preliminary objection on Monday, held that the engineers «had not made out a case of infringement on their fundamental rights even on the merit of the application,» and dismissed their applications.

HOR / FHC / 97 / 2014, a Fundamental Human Right case, after hearing it to conclusion and adjourned same for judgment to the 8th June, 2015.

We write in our capacity as citizens of the Republic of Ghana invoking the powers of this Commission under Article 218 (a) of the 1992 Constitution of Ghana and section 7 (1)(i) of the CHRAJ Act 1993 (Act 456), as amended, which states «to investigate complaints of violations of fundamental rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties», to investigate a case of professional misconduct bothering on official corruption and corruption - related activities involving ACP Mrs. Maame Yaa Tiwaa Addo Danquah, the current acting Director - General of the Criminal Investigations Department (CID) of the Ghana Police Service.

Our intent in displaying a pineapple labelled «Mohammed» was to draw attention to cases where religion has been used to limit this and other fundamental rights, such as the imprisonment of Gillian Gibbons.

«This case validates a simple, fundamental truth about gun control: that it is possible to have strong laws that keep our communities safe, while at the same time respecting the rights of law - abiding gun owners.»

California's history of infringing the fundamental right to bear arms has, since 1923, centered on the principles of local control, giving local elected politicians and city bureaucrats the power to decide, on a subjective, case - by - case basis, which law - abiding people can exercise their fundamental Second Amendment right to self - defense outside their home.

The defendants on the other hand can make no specific responses to them, which unfortunately makes them seem guilty even if they are merely invoking their fundamental Fifth Amendment right to remain silent so as not to prejudice their case while they are mounting their defense.

The ECOWAS Community Court of Justice dismissed a preliminary objection filed by the Federal Government of Nigeria challenging the jurisdiction of the court to hear a case of breach of fundamental human rights filed by Nnamdi Kanu.

«Roe v. Wade was a landmark Supreme Court case that established a fundamental reproductive right for women in this country,» said Assemblywoman Deborah Glick, D - Manhattan, the bill's sponsor.

EFCC Clears the Air on Kafarati The attention of the Economic and Financial Crimes Commission has been drawn to media reports on the decision of Justice Abdul Kafarati of the Federal High Court, Abuja to decline ruling in the fundamental human rights enforcement case brought before him by Senate President, Bukola Saraki.

Hodge Jones & Allen LLP's Nancy Collins, who is representing Humanists UK in the case, commented, «The issue at stake in this appeal is of fundamental importance; the right of those with terminal illnesses to choose when and how they die.

And if that were the case, Alan is absolutely right; the only really sensible explanation is since all of the evidence suggest that unless you really fine tune things, the Higgs should be observable at the LHC or a machine like it, then it would tell us that there are some other fundamental fine tuning in nature that would strongly suggest that the universe we see is not generic and is very special.

Making his case for Tommy in front of a five - judge panel and a packed courthouse, he contended that chimpanzees are so cognitively and genetically similar to humans that they deserve a fundamental right to bodily liberty.

The lawsuit filed Monday is the latest in a wave of legal cases filed by children against states and the federal government that accuse government of depriving them of the fundamental right to a stable climate.

The Comer Center for Children and Specialty Care, by focusing on complex disease, will help the neediest children right away, but «the clinical and basic science faculty will apply the insights gained from complicated cases to open a window on the fundamental processes of all childhood diseases,» he said.

However, fundamental rights do not normally yield to that kind of utilitarian calculus, and taking refuge in stare decisis in this case looks like weakness, not strength.

Thus, each case that confronts right to human security to another fundamental right, is in the free hands of the judge.

Citing two earlier cases that forced changes in state laws regarding students» rights to quality education through money spent and time of instruction provided, as well as evidence in Vergara, he said the plaintiffs «have proven, by a preponderance of the evidence, that the Challenged Statutes impose a real and appreciable impact on students» fundamental to quality of education and that they impose a disproportionate burden on poor and minority students.»

«This case is upping the ante by making the case that education is a fundamental right in the U.S. Constitution,» Preston Green III, a professor of urban education and law at the University of Connecticut's Neag School of Education, said during an interview.

Boutrous and Lipshutz cite several historic U.S. Supreme Court cases in their argument that public education meets the fundamental - right test, including Washington v. Glucksberg, in which the Court found that public education is «deeply rooted in this Nation's history and tradition» and «implicit in the concept of ordered liberty.»

Additionally, the authors highlight the fact that in San Antonio Independent School District v. Rodriguez — the case in which the Court held that education is not a fundamental right in the context of school funding — the Court also «expressly left open the possibility that a right to education might be recognized in another situation.»

In the landmark case, Vergara vs. California, nine student - plaintiffs, are arguing that the California teachers» seniority, tenure and dismissal laws violate their fundamental, constitutional right to a quality education.

The problem sounded like a fundamental design problem with the GPS antenna obscured by the Prime's metal casing, but ASUS still attempted to make things right with a software fix.

Under Spanish constitutional case law, the Spanish authorities «indirectly» violate the Constitution if they give effect to a foreign authority's decision that infringes the «absolute content» of a fundamental right.

Grey says the case «raises the most fundamental questions,» pitting fundamental Charter rights against aboriginal autonomy — but he's quick to point out that this is not the first time a group has said mixed marriage jeopardizes the survival of a culture.

In addition, although using Article 93 to integrate EU harmonised standards would have avoided any chance of future conflict between EU law and the Constitution, it would also have implied that the meaning of constitutional provisions on fundamental rights would differ depending on whether a case fell within the scope of EU law.

In its judgment of 26 February 2013, the CJEU responded to the first two questions in the affirmative, and clarified that Article 53 of the Charter only allows national authorities to apply higher standards of protection of fundamental rights where an EU legal act calls for national implementing measures, but not where, as in this case, the EU legal act harmonises the law between the Member States.

In this post, Ciara examines a decision which seems at first view to follow up on case law such as Zambrano, McCarthy and Dereci — but finally ends up being more about interpreting the Family Reunification Directive in light of the fundamental right to family life.

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.

This definition has been developed through case law into a multi-point test which states that the «belief» must be more than a mere viewpoint or opinion; it must attain a certain level of cogency, seriousness, cohesion and importance and it must be worthy of respect in a democratic society and not be incompatible with human dignity and / or conflict with the fundamental rights of others.

We are planning to ask Europe's highest court to assess whether ACTA is incompatible — in any way — with the EU's fundamental rights and freedoms, such as freedom of expression and information or data protection and the right to property in case of intellectual property.

The order contained three questions: (i) whether Article 4a (1) FD must be interpreted as prohibiting Member States from making the execution of an EAW subject to the possibility of retrial in cases where a conviction has been rendered in absentia; (ii) whether Article 4a (1) FD is valid in light of Articles 47 and 48 of the EU Charter of Fundamental Rights; and (iii) whether, under Article 53 of the Charter, it can grant a higher level of protection than that provided for under EU law.

First, Melloni is a true landmark case with respect to the relation between EU and national standards of fundamental rights in the field of criminal justice.

Although Lord Hope recognised that the issue of balance was not mentioned in either Engel or Guzzardi and that it does not feature in the wording of Art 5, he was nevertheless of the opinion that: ``... there are sufficient indications elsewhere in the court's case law that the question of balance is inherent in the concepts that are enshrined in the Convention and that they have a part to play when consideration is being given to the scope of the first rank of fundamental rights that protect the physical security of the individual» (at [27]-RRB-.

On 7 March 2017, the CJEU announced its judgement in case C - 638 / 16 PPU (X and X / Belgium) and dashed all hopes for an extensive interpretation of the EU Visa Code in the light of the EU Charter of Fundamental Rights.

This is an important case for the application of fundamental rights in asylum context.

However, the implications of the case reach beyond the strict interpretation of the Transparency Regulation to questions concerning the manner in which the EU reaches international arrangements and their compatibility with fundamental rights.

58 It is apparent, furthermore, from the case - law of the European Court of Human Rights that the right to a fair trial, guaranteed by Article 6 (1) of the European Convention on Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950, which corresponds to the second paragraph of Article 47 of the Charter, does not preclude «summons by public notice», provided that the rights of those concerned are properly protected (see Judgment of the European Court of Human Rights in Nunes Dias v Portugal [2003], Reports of Judgments and Decisions 2003 Rights that the right to a fair trial, guaranteed by Article 6 (1) of the European Convention on Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950, which corresponds to the second paragraph of Article 47 of the Charter, does not preclude «summons by public notice», provided that the rights of those concerned are properly protected (see Judgment of the European Court of Human Rights in Nunes Dias v Portugal [2003], Reports of Judgments and Decisions 2003 Rights and Fundamental Freedoms, signed at Rome on 4 November 1950, which corresponds to the second paragraph of Article 47 of the Charter, does not preclude «summons by public notice», provided that the rights of those concerned are properly protected (see Judgment of the European Court of Human Rights in Nunes Dias v Portugal [2003], Reports of Judgments and Decisions 2003 rights of those concerned are properly protected (see Judgment of the European Court of Human Rights in Nunes Dias v Portugal [2003], Reports of Judgments and Decisions 2003 Rights in Nunes Dias v Portugal [2003], Reports of Judgments and Decisions 2003 - VI).

The CJEU dealt with the issue head on stating that article 51 (1) of the Charter «confirms the Court's case - law relating to the extent to which actions of the Member States must comply with the requirements flowing from the fundamental rights guaranteed in the legal order of the European Union» (para. 18).

Central issue in this case was whether Member States are still allowed to impose a higher level of fundamental rights» protection for cross-border cooperation in criminal matters than the standard set by EU law.

In STC 148/2016 and STC 223/2016, the SCC found that a court had breached the fundamental right to a fair trial of the claimant consumer by suspending an individual action brought by the consumer pending a final judgment concerning an ongoing collective action brought by a consumer association, in manifest breach of CJEU case law.