Sentences with phrase «idem on»

Not exact matches

Idem for the exhaust single / double though they should have recorded this correctly and it also depends on the system as some cars have separate pipes for each bank, others have 2 pipes that only split at the rear which is often down to the visual balanced look...

We have a bunny and we have had problems with him chewing on wood idems in the house.

This does not mean that Greenland will not continue to melt (it will very probably on long term) and sea - level wil not continue to rise (idem).

The decision of the CJEU further expands the concept of «final decision'triggering the ne bis in idem, confirming the validity of the previously consolidated trend which, on the one hand, recognises a strong importance to the mutual trust between Member States, and on the other hand acknowledges the inherent link between ne bis in idem and the freedom of movement in the EU.

Yet what is more, since the entry into force of the Lisbon Treaty, the ne bis in idem principle has become a yardstick of the systemic impact of the Charter of Fundamental Rights of the European Union (CFREU) on secondary EU law.

In doing so, the CJEU seems, on the one hand, to endorse a new (be it a more «mistrustful» or, from a different standpoint, perhaps more «realistic») understanding of mutual trust and, on the other hand, to overlook the protective rationale of ne bis in idem and the logic of its previous case - law.

In other words, it is a final decision according to the EU legal framework on ne bis in idem, namely Article 54 of the Convention implementing the Schengen Agreement (CISA).

In conclusion, the Spasic judgment places a strong focus on the duty to prevent the impunity of criminals within the AFSJ and, apparently, shifts the balance of ne bis in idem towards a more «security - oriented» approach.

On several occasions the Court has affirmed that the only relevant criterion to determine what idem is, is the identity of the material acts, rejecting the criteria based on the legal qualification of the acts or the legal interests protecteOn several occasions the Court has affirmed that the only relevant criterion to determine what idem is, is the identity of the material acts, rejecting the criteria based on the legal qualification of the acts or the legal interests protecteon the legal qualification of the acts or the legal interests protected.

Ruling out the exceptions to the ne bis in idem (based on national interests) would certainly contribute to the development of the AFSJ.

In that case, which lead to the preliminary reference, Mr Åkerberg Fransson submitted that these criminal charges should be dismissed on the ground that he had already been punished for those acts and that these criminal proceedings were therefore in violation of the ne bis in idem principle laid down in article 50 of the Charter.

On the other hand, the CJEU might disagree on the Advocate General's reasoning to justify the answer, where it is argued that the interpretation of the concept of same «act» and «offence» already leaves much room to national authorities to consider the ne bis in idem not applicablOn the other hand, the CJEU might disagree on the Advocate General's reasoning to justify the answer, where it is argued that the interpretation of the concept of same «act» and «offence» already leaves much room to national authorities to consider the ne bis in idem not applicablon the Advocate General's reasoning to justify the answer, where it is argued that the interpretation of the concept of same «act» and «offence» already leaves much room to national authorities to consider the ne bis in idem not applicable.

Both questions are crucial for the development of a consistent EU case law on the principle of ne bis in idem.

On 12 September 2017, the Advocate General Campos Sánchez - Bordona presented his Opinions in the three cases mentioned above, in which he clearly argues for the development of an autonomous EU concept of ne bis in idem, different from the one emerging from the most recent ECtHR case law.

The difficulty, in so far as it exists, with the conception of the scope of the ne bis in idem principle in Swedish law is a general difficulty regarding the structure of the Swedish law on penalties which is, as such, completely independent from the collection of VAT, where punishment of the conduct in the present case, involving the falsification of information, is treated as a mere occasio.

Michele discusses the AG's Opinion in this important case which provides the opportunity for the Court to expand on its autonomous understanding of ne bis in idem.

The transnational effect of the ne bis in idem principle (which is established in section 17, paragraph 1 StPO) is based on international agreements to which Austria is a party (see Birklbauer in Fuchs and Ratz, Wiener Kommentar zur StPO, § 17).

Settlements are binding at contract law if there is agreement on all essential terms; in other words, if there is consensus ad idem (Chan v. Lam, 2002 CanLII 44912 (ON CA)-RRBon all essential terms; in other words, if there is consensus ad idem (Chan v. Lam, 2002 CanLII 44912 (ON CA)-RRBON CA)-RRB-.

Save for exceptional circumstances (eg, objection on the basis of ne bis in idem), the initiation of a criminal investigation itself can not be challenged in court.