Sentences with phrase «if national courts»

In this paragraph, it stated that: «if the national court decides to disapply the national provisions at issue, it must also ensure that the fundamental rights of the persons concerned are respected.»

As a general rule, the Court of Justice can apply the urgent procedure only if the national court requests it.

Whereas, as the Court points out, it is indeed for the national court to assess whether national law reaches an adequate balance between different interests in line with the definition of occupational requirements discussed above [§ 80], the Court does not clearly assess the implications of the alternative claim in EU law (direct effect) if the national court does not, in the end, manage to reconcile these interests through interpretation.

What is, in my view, especially important in this case, is that the direct horizontality of these rights becomes relevant only «if need be», i.e. if the national court can not «guarantee the full effectiveness of those articles» indirectly, through interpretation [§ 79]-- and the Court has offered an unusually detailed account of how such interpretation could be reached, in the light of EU fundamental rights.

In particular, the order of the ICC (p. 7) expressly mentioned para. 53 of the judgment handed down on 8th September 2015, where the ECJ itself held that «if the national court decides to disapply the national provisions at issue, it must also ensure that the fundamental rights of the persons concerned are respected».

However, «If the national court were thus to come to the view that the obligation to disapply the provisions of the Criminal Code at issue conflicts with the principle that offences and penalties must be defined by law, it would not be obliged to comply with that obligation, even if compliance with the obligation allowed a national situation incompatible with EU law to be remedied»: in fact, it is for the national legislature to take the necessary measures.

Most notably, the ECJ itself recognized (para. 53) that «if the national court decides to disapply the national provisions at issue, it must also ensure that the fundamental rights of the persons concerned are respected».

Not exact matches

If Trump's past comments about a ban on Muslims don't weigh heavily on the judges» perceptions of his motivations, the speed with which the order was drafted and rolled out — largely bypassing the government's traditional national - security apparatus — and the extent to which it has been altered since may give courts reason enough to wonder whether an «ulterior motive» was at play, Stock said.

If the Court were truly to undertake the charge of serving as our national conscience, then the Court would simultaneously lose its legitimacy as a court ofCourt were truly to undertake the charge of serving as our national conscience, then the Court would simultaneously lose its legitimacy as a court ofCourt would simultaneously lose its legitimacy as a court ofcourt of law.

The answer is that the Christian right in our country is constantly trying to force their religious beliefs into the public sphere (science education, school prayer at public schools, Decalogue displays at court houses, nativity scenes on city hall property, crosses in all kinds of public places, national days of prayer, etc.)-- if these things stopped, the outcry from us non-believers would be greatly diminished.

If the court splits in a 4 — 4 vote, as many are predicting after the death of Justice Antonin Scalia, no national precedent would be set.

They lay down judgments which can be given full legal status if approved in national law courts.

And he was evidently taken aback when I said, «Yes, we might make that deal» if by the «national» government you also mean the courts.»

And he was evidently taken aback when I said, «Yes, we might make that deal — if by the «national» government you also mean the courts.»

Deborah — prophet, judge, national leader (Judges 4 - 5)[McKnight says, «if we ask what did women do, and we ask this question of Deborah, we learn that women could speak for God as a prophet, render decisions n a law court as a judge, exercise leadership over the entire spiritual - social Israel, and be a military commander who brought Israel to victory.»

It is a view in which, if the Court ordered it, complete national imposition of slavery would be accepted.

My interest in this whole issue comes from the fact that if our law courts especially the highest court in Ghana, Supreme Court that is supposed to be final place in the country to deliver justice to all manner of persons regardless of one's political affiliation, religious beliefs, ethnic background etc in a just and fair manner is now seen to be turning into a place where citizens of Ghana who may belong to certain political affiliations do not feel confident or have trust in their handling of critical national issues in view of some of these «partisan» pronouncements on the part of some justices, then where would we be heading towards as a coucourt in Ghana, Supreme Court that is supposed to be final place in the country to deliver justice to all manner of persons regardless of one's political affiliation, religious beliefs, ethnic background etc in a just and fair manner is now seen to be turning into a place where citizens of Ghana who may belong to certain political affiliations do not feel confident or have trust in their handling of critical national issues in view of some of these «partisan» pronouncements on the part of some justices, then where would we be heading towards as a couCourt that is supposed to be final place in the country to deliver justice to all manner of persons regardless of one's political affiliation, religious beliefs, ethnic background etc in a just and fair manner is now seen to be turning into a place where citizens of Ghana who may belong to certain political affiliations do not feel confident or have trust in their handling of critical national issues in view of some of these «partisan» pronouncements on the part of some justices, then where would we be heading towards as a country?

Events like some of those described here — with six Supreme Court judges annulling a national election on flimsy if not illegal grounds, Parliament deliberately disrespecting the overwhelming result of a constitutional referendum — are simply not supposed to happen in a democracy.

The UK has not ratified the amendment to the Rome Statute which would activate the Court's jurisdiction over acts of aggression allegedly committed by UK nationals and, even if it did, the amendment's provisions would not apply retroactively.

If the Court finds that a country has breached EU law, the national authorities must take action to comply with the Court judgment.

if the national law changes to accommodate same - sex marriage, the Court is under no obligation to extend any margin of appreciation anymore.

The emails Cuomo sent yesterday give a very early clue to an argument he would likely make if he indeed decides to take a step onto the national stage: Under my leadership, New York led the nation on touchstone progressive issues, not only becoming the largest state in the country (before the US Supreme Court Prop. 8 decision) to legalize gay marriage, but also the first to act on gun control in the wake of the horrific Newtown massacre.

The two on June 29, warned judges of Ghana's highest court to be wary of their conduct in the case involving the Electoral Commission and Mr Abu Ramadan if they did not want to suffer the fate of the three members of the bench who were shot to death and burnt on June 30, 1982 in the era of the Provisional National Defence Council (PNDC).

It said: «Considering the recent Supreme Court decision in the GITMO 2 case when interpreting Article 75 of the Constitution of Ghana, it is clear that this arrangement, which has been shrouded in utmost secrecy ought to have received Parliamentary ratification at the very least before handing over our highly - enriched uranium to the Chinese if that is the path we consider to be in our strategic national interest.»

Some executives within the Ningo Prampram Constituency have threatened to go to court if the Party's National Executive Committee fails to investigate and address a petition brought before it.

Governor Ayodele Fayose of Ekiti State, on Friday, challenged President Muhammadu Buhari to direct the Economic and Financial Crimes Commission (EFCC) to charge the Peoples Democratic Party (PDP) National Publicity Secretary, Chief Olisa Metuh to court if the commission was sure of evidences of fraud against him, saying «the EFCC appears to be operating a system in which an accused person is first arrested, detained endlessly while the anti-corruption agency goes about looking for evidence.»

«It will be a national embarrassment if our judges are compelled to decide this, since the judges like every citizen have a right to an effective remedy and they will be perfectly entitled to approach the court for reliefs if your government does not urgently find satisfactory solutions to this problem.»

The court held that names of people who registered with the National Health Insurance Card must be deleted from the register but be afforded the opportunity to register again, if they qualify.http: / / ghanapoliticsonline.com

If the Czech constitutional court rules the treaty is unconstitutional because it infringes national sovereignty, president Vaclav Klaus» opposition to Lisbon could derail the process.

«If this is not adhered to within twenty one days (21) the Igbo National Council, INC, will petition and also sue the Nigeria Army and the Federal government, to International Criminal Court, ICC, for genocide against the armless people of the southeast Nigeria.»

Ako Gunn and Alistair on June 29, warned judges of Ghana's highest court to be wary of their conduct in the case involving the Electoral Commission and Mr Abu Ramadan if they did not want to suffer the fate of the three members of the bench who were shot to death and burnt on June 30, 1982 in the era of the Provisional National Defence Council (PNDC).

Labour's National Executive Committee is set to vote on the dispute as soon as tomorrow but if they rule against Mr Corbyn the row could end up in court.

National president of IPDI, Austin Ozobo, cautioned the military against arresting innocent members of Tompolo family and ex-agitators, saying the group would sue the military in ECOWAS Court and International Criminal Court if it violates fundamental human rights in Gbaramatu kingdom.

Lawyers for the NPP have threatened to cite the suspended National Chairman Paul Afoko for contempt if he does not desist from making further comments in the media on his suspension and the pending suit at the Human Rights Court.

Some aggrieved branch executives of the National Democratic Congress (NDC) in the Ningo - Prampram constituency have threatened to go to court if the party's National Executive Committee (NEC) fails to act on several petitions brought before it.

An aspiring parliamentary candidate contesting in the National Democratic Congress» (NDC) upcoming primaries in the Ashaiman constituency, Ernest Norgbey is challenging those questioning his eligibility to go to court if they want.

According to statement, «the question remains, if not to mortify, dehumanize and break our National Publicity Secretary, who has been very vocal against the APC administration, and of course to send a signal to others critical of the government, what else would have informed the decision to produce him in court in handcuffs, even when his case does not border on security threat?»

If a legal complaint should prove to be well founded and the case awarded to the company, exactly how would the court's judgment be enforced if the national government simply chose to ignore iIf a legal complaint should prove to be well founded and the case awarded to the company, exactly how would the court's judgment be enforced if the national government simply chose to ignore iif the national government simply chose to ignore it?

We should not be surprised, then, if this weekend sees both the Los Angeles and New York groups throwing their weight behind «The Social Network» — already cast, despite the patronage of a beleaguered middlebrow institution like the National Board of Review, as the cooler, more credible alternative to «The King's Speech» — in a concerted effort to keep the ball in its court.

The National Education Association expects to lose about 20,000 dues - paying members next year, and the union could lose even more revenue in the future if the Supreme Court strikes down its ability to collect agency fees from teachers who choose not to join the union.

The Supreme Court under John G. Roberts is not looking to be our national school board, if opinions handed down in three varied cases at the end of its last term are a guide.

«If the Court of Appeals affirms the lower court's decision, it will create a precedent where a district can be found liable based solely on wrongdoing by a school official, regardless of how vigilant a school district is in monitoring employees, and without the district being given the opportunity to address the harassment in question,» stated Thomas J. Gentzel, Executive Director, National School Boards AssociaCourt of Appeals affirms the lower court's decision, it will create a precedent where a district can be found liable based solely on wrongdoing by a school official, regardless of how vigilant a school district is in monitoring employees, and without the district being given the opportunity to address the harassment in question,» stated Thomas J. Gentzel, Executive Director, National School Boards Associacourt's decision, it will create a precedent where a district can be found liable based solely on wrongdoing by a school official, regardless of how vigilant a school district is in monitoring employees, and without the district being given the opportunity to address the harassment in question,» stated Thomas J. Gentzel, Executive Director, National School Boards Association.

If this case succeeds here (my guess is it will reach the U.S. Supreme Court), it could spark a national movement to transform the teaching profession.

And at the national level, the IJ intervened in the 2002 Cleveland school privatization case, Zelman v. Simmons - Harris, which resulted in the U.S. Supreme Court handing down a 5 - 4 decision that allowed for school vouchers to go to religious schools — but only if many other alternatives, including secular schools, existed as options as well.

Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance.

No order of the court shall require the admission or reinstatement of an individual as a member of a union or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex or national origin or in violation of section 704 (a).

Modelled on the International Court of Justice and the International Criminal Court, ICE will, if Cocker & co. are successful, have the authority to require national governments to accept its expert interpretation of climate science and of a (yet to be written) «convention on the right to a healthy environment».

And if upheld by the courts and implemented, the plan would have built a «durable» national regulatory framework.

To interpret Rottmann to trump this would require a judgment even more grandiose than Van Gend or Costa, something in which the Court pronounced that the present state of integration was such that the removal of their fundamental status and rights from a group of Union citizens could only be permitted if the national constitutional process leading to it was itself sufficiently democratic to comply with the requirements of EU law.

In general terms, if you ask the court of a sovereign state to probate a will, the court will inquire if the will is valid under national law.