Sentences with phrase «interpreting application of the law»

Not exact matches

Rather, it had interpreted the commandment of love in the context of the law, and this had led to hedging the application of the law about with numerous qualifications.
As a rule of international law applicable in the relations between the parties, the Court ruled that the principle of self - determination had to be taken into account when interpreting the territorial scope of the AA in accordance with the rule codified in Article 31 (3)(c) VCLT, and that the application to Western Sahara was thus excluded (Front Polisario paras 88 - 92).
Regardless of the application, the central issue remains: How will the law be interpreted and applied in this uncharted territory?
Forensic accounting involves the application of special skills in accounting, finance, auditing, economics, and law, as well as investigative skills to gather and analyze financial data and to interpret and communicate findings.
CONSIDERING that, as any national court, the Unified Patent Court must respect and apply Union law and, in collaboration with the Court of Justice of the European Union as guardian of Union law, ensure its correct application and uniform interpretation; the Unified Patent Court must in particular cooperate with the Court of Justice of the European Union in properly interpreting Union law by relying on the latter's case law and by requesting preliminary rulings in accordance with Article 267 TFEU;»
Justice Robert A. Graesser's decision is a relatively straightforward application of the Rules as interpreted by case law.
The Court chose to indulge these concerns and take the politically easy way out by ruling that EU law (including the Charter) is not applicable to visa applications that would lead to a stay of more than 90 days — instead of ruling for the application of the Visa Code and thus also the Charter of Fundamental Rights, as it would then have been confronted with the impossible task of having to interpret the Charter in a way that would not have a negative effect on the functioning of the Dublin system.
He grounds this on the requirements of the CILFIT test: accordingly the UKSC will be under an obligation to refer unless (i) the question raised is irrelevant; (ii) the EU provision in question has already been interpreted by the Court; or (iii) the correct application of EU law is so obvious as to leave no scope for any reasonable doubt.
Similarly, whether the application of the law in practice differs in any respect given the regulatory stance and strategic approach of the Data Protection or Privacy Commissioner in the interpretation of this guidance (as has been shown elsewhere, EU Member States may differ in how they interpret the official guidance as presented by the Article 29 Working Party).
The question for the CJEU now was whether to equate the concepts of an «internal armed conflict» from Directive 2004 / 83 / EC and of a «non-international armed conflict» from IHL for the purpose of interpreting EU law, and consequently for the application of the law of the Member States in conformity with EU law.
She gave five reasons in particular why the scope of the exclusion clause should not be limited to the offenses outlined in Article 1 FDCT: firstly the wording refers to acts contrary to the purposes and principles of the UN and is not limited to terrorist offenses; secondly, such an interpretation would be at odds with the Geneva Convention in light of which the Qualification Directive should be interpreted; thirdly, the Qualification Directive as an instrument of asylum and humanitarian law and the FDCT are qualitatively different and derive from different areas of law; fourthly, it would unduly restrict the application of the exclusion clause and finally, fifthly, the fact that the FDCT is an instrument of variable geometry with varying application across the Union would lead to problems if it were used as criteria in defining terms for the purposes of the application of the Qualification Directive.
Yet, surprisingly, practical application of the law has been reticent and interpreted as impacting upon behaviour of humans to humans.
In R (on the application of the Campaign for Nuclear Disarmament) v Prime Minister [2002] EWHC 2777 (Admin), [2002] All ER (D) 245 (Dec) the Divisional Court held that it had no jurisdiction to interpret an international instrument that had not been incorporated into domestic law even though the claim was founded on an alleged breach of customary international law.
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