Sentences with phrase «law between the member states»

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 its controversial judgment of 26 February 2013, the CJEU said «no»: where an EU legal act harmonises the law between the Member States, national constitutions can not provide higher levels of protection.

Not exact matches

Like all E.U. law, the bill that passed Tuesday is a messy compromise hashed out over months of three - way negotiating between parliament, the Commission, and the member states.

And after a hearing on the issue Thursday, City Councilman James Oddo, along with Speaker Christine Quinn and other members of the Council are calling on Albany to change the state law to distinguish between Sandy repairs and putting an addition on a home.

The plan includes a total contribution limit of $ 2,600 for all candidates running for state office, a complete ban on corporate campaign contributions, the elimination of «housekeeping accounts,» a $ 2,600 limit for transfers between party and candidate committees, and the repeal of the Wilson Pakula provision of the State Election Law which allows non-party members to be approved for candidacy by party officstate office, a complete ban on corporate campaign contributions, the elimination of «housekeeping accounts,» a $ 2,600 limit for transfers between party and candidate committees, and the repeal of the Wilson Pakula provision of the State Election Law which allows non-party members to be approved for candidacy by party officState Election Law which allows non-party members to be approved for candidacy by party officials.

While Lord West's review has found no systematic failings in our procedures for checking potential suspects, it has highlighted the importance of enhancing existing cooperation to share more information between police and immigration services and internationally across countries: - within the EU to enable British law enforcement authorities to access immigration information on existing EU databases; - bilaterally with other member states to mutually exchange information; - and joining up criminal records databases throughout the EU so that our authorities can quickly identify individuals charged with crimes, no matter where in Europe they are convicted.

The governor in late May set a benchmark for his support of the alliance between Republicans and the five - member Independent Democratic Conference, saying he wanted action on the Dream Act (which failed in April), a broader system of public campaign finance (beyond the pilot program passed in the state budget) and his Women's Equality Act, which has been controversial because of a plank changing the state's abortion laws.

Earlier today, a group of Latino state assembly members said they will travel from New York to Arizona and chain themselves to the fence dividing the border between Mexico and the U.S. Mayor Bloomberg and Al Sharpton have also denounced the Arizona law, as has President Obama.

To qualify for the November ballot, New York state election law requires each candidate for the 53rd Senate District to collect at least 1,000 signatures from enrolled members of each party between May 29 and July 10.

Statement on behalf of Climate Action Network Europe, Carbon Market Watch, European Environmental Bureau, Sandbag, Transport & Environment, and WWF European Policy Office EU governments must step back from irreparably weakening Europe's biggest climate law, six of Europe's leading environmental NGOs have said, after talks between member states and the European Parliament ended in deadlock...

The new law prohibits the federal government from mandating teacher evaluations or defining what an «effective» teacher is and calls for many decisions for local schools and states be determined by collaboration between educators, parents and other community members.

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EU governments must step back from irreparably weakening Europe's biggest climate law, six of Europe's leading environmental NGOs have said, after talks between member states and the European Parliament ended in deadlock this week.

There is thus no real danger that the Compliance Committee would e.g. pronounce itself unduly and in a binding manner on matters of interpretation of EU law or on the distribution of competences between the EU and its Member States.

Indeed, since the division of competences between the Member States and the Union is at the core of the EU constitutional framework, it is arguable that the ordinary rules of competences can not be bypassed without an explicit provision of primary law.

Despite the existence of a democratically elected assembly since 1979 in the form of the European Parliament, the links between this parliament and the status of Union citizenship have been ambiguous [1] with the parliament representing not a single group of Union citizens but rather the «peoples» of Europe, those peoples being defined by Member States and national law.

It is clear that the Electrabel tribunal's use of EU law is poles apart from e.g. the Maffezini tribunal's engagement, and its discussion on the division of competences between the EU and its member states is problematic in light of Opinions 1/91 and 2/13, where the Court explicitly stated that questions of competence are its sole prerogative.

The EU layer of public service regulation further adds to this complexity as it interacts in many different ways with the national legal frameworks in this field: EU law may structure national legal norms, coordinate the provision of services between the Member States, bring about minimal or maximal standards (e.g. pertaining to quality, ubiquity or affordability of the services provided), comprise detailed regulation or even set prices for the provision of public services as in the case of mobile roaming tariffs.

He also concludes, after recalling the basic principles stemming from the relevant case law, that the supply obligation is likely to distort competition and affect trade between Member States.

More specifically, the question was raised in this context whether Protocol no. 16 would not threaten the autonomy of EU law and the monopoly of the ECJ on the interpretation of EU law, by allowing supreme courts of the Member States to engage in a kind of «forum shopping» between the Luxembourg and Strasbourg courts.

In earlier case law, Fiona Shevill, the Court had held that in case of defamation by means of a newspaper article distributed in several Member States, Article 5 (3) must be interpreted as giving the victim a choice between fora.

While extra-EU BITs are governed by the Grandfathering regulation, that regulation provides that the member states «are required to take the necessary measures to eliminate incompatibilities» between EU law and extra-EU BITs.

One may envisage a situation in which a UK citizen resident in a Member State challenges a national law restricting their residence or associated rights by claiming before the EU - UK court that the national law violates the agreement between the United Kingdom and the European Union.

Operating Agreements of Single Member LLCs are used to define the structure of your business, to show the financial separation between you and your business, to illustrate to investors how your business operates, and to protect your business from default state laws.

However, the Court of Justice found at paragraph 24 of Opinion 1/91 that the «interpretation mechanism» whereby the EEA court would have to interpret the rules of the agreement in conformity with the case - law of the Court of Justice would not be sufficient to ensure the legal homogeneity between the EEA states and the EU Member Sstates and the EU Member StatesStates.

Though the range of arguments is wide and varied depending on the circumstances of the case and the underlying Investment Treaties, the overarching theme is simply that EU Law reigns supreme in relations between Member States and overrides all international law commitments that individual Member States - and the EU itself in the case of the Energy Charter Treaty - have entered inLaw reigns supreme in relations between Member States and overrides all international law commitments that individual Member States - and the EU itself in the case of the Energy Charter Treaty - have entered inlaw commitments that individual Member States - and the EU itself in the case of the Energy Charter Treaty - have entered into.

They are based on Articles 78 TFEU, which empowers the EU to pass laws benefiting states overwhelmed by a sudden inflow of migrants, and Article 80 TFEU, which stipulates that such decisions must be governed by the principle of solidarity and fair sharing of responsibility between Member Sstates overwhelmed by a sudden inflow of migrants, and Article 80 TFEU, which stipulates that such decisions must be governed by the principle of solidarity and fair sharing of responsibility between Member StatesStates.

EU - law therefore applies, whereas Advocate - General Bot had concluded in his opinion in this case that EU - law was not applicable, since international law regulating diplomatic affairs between Member States was applicable, which is according to the AG outside the competences of the EU and therefore outside the scope of EU - law.

Let's try to compare the point 50 of the opinion: «While the movement of citizens of the Union between Member States is governed by EU law, and in particular by Article 21 TFEU and Directive 2004/38, the same does not apply to visits to Member States by Heads of State» which basically says that the movement of diplomats falls outside the scope of EU law, with the judgment of the Court in paragraph 51: «Accordingly, the fact that a Union citizen performs the duties of a Head of State is such as to justify a limitation, based on international law, on the exercise of the right of free movement conferred on that person by Article 21 TFEU.».

«[The] application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States within the meaning of the Dassonville judgment (Case 8/74 [1974] ECR 837), so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States» (Keck, para. 16)(emphasis added).

It could have been an aggravating factor in terms of free movement, but as far as State aid law is concerned, selectivity has to be examined at the level of one Member State only, the decisive criterion being whether the measure differentiates between undertakings or sectors that are in a comparable factual and legal situation.

This tension can only be resolved by means of an express exclusion of the competence of the ECtHR under Art. 33 ECHT for disputes between EU Member States or between them and the EU which concern the application of the ECHR within the scope ratione materiae of EU law (para 213).

Thus, from the perspective of the United Kingdom's domestic legal order, the Treaties are an overriding source of domestic law which are conditional on constitutional approval; from the European Union's own perspective the Treaties are the fundamental «constitutional charter» of the new and autonomous European legal order, and from the perspective of international law the Treaties are the source of obligations in the international plane between the contracting Member States.

This is in line with the Court's consistent jurisprudence that includes actual as well as potential effects, whether or on trade between Member States (or on the free movement of goods) in the scope of EU law.

Both provisions therefore seem to recognise that some degree of constitutional differences between the Member States needs to be accommodated, even when a situation falls in the scope of EU law.

As a second problem the Court perceives a danger for the autonomy of EU law in the draft agreement because it may adversely affect the principle of mutual trust between the Member States concerning the respect of fundamental rights, which is in particular relevant in the Area of Freedom, Security and Justice (paras 191 ff.).

For this purpose, it would be indispensable to apply the rules of EU law on the distribution of competences between the EU and the Member States and the criteria for accountability to the EU or the Member States (para 221).

Despite the fact that all EU states are party to the 1970 Hague Evidence Convention (Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters or hereafter Hague Convention) and have transposed the EU Data Protection Directive into national law, stark differences in the legal regime applicable to international transfers for the purposes of e-discovery exist between EU Member Sstates are party to the 1970 Hague Evidence Convention (Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters or hereafter Hague Convention) and have transposed the EU Data Protection Directive into national law, stark differences in the legal regime applicable to international transfers for the purposes of e-discovery exist between EU Member StatesStates.

In order to join the Council of Europe, a European state must first sign and ratify the European Convention on Human Rights, thus confirming its commitments to the aims of the Organization, namely the achievement of greater unity between its members based on human rights and fundamental freedoms, peace and respect for democracy and the rule of law.

«does not alter the existing balance between the individual's right to privacy and the possibility for Member States to take the measures referred to in Article 15 (1) of this Directive, necessary for the protection of public security -LRB-...) and the enforcement of criminal law.»

There is a more than plausible case to make that this distinction between the case law based justifications and Treaty derogations is artificial and out of line with the importance the Treaties attach to other public policy goals, notably environmental protection, protection of fundamental rights and consumer protection (although the Member States have never amended 36 TFEU in subsequent Treaty amendments).

He has previously published, amongst others, in European Business Law Review and Transnational Dispute Management on conflicts of investor - State dispute settlement with the EU principle of autonomy and the attribution of international responsibility in investment disputes between EU and its Member States.

Investor - state arbitration clauses in investment treaties between EU Member States are incompatible with EU law, the European Court of Justice has ruled in a landmark judgment.

In the fourth chapter, the interplay between EU law and BITs between Member States and third countries is examined.

Starting from an historical introduction of Member States» practice of concluding BITs, the chapter delves into the legal framework that governs most aspects of the interaction — and conflict — between EU law and BITs, with specific attention to the «grandfathering» or «sunset» Regulation (EU) 1219/2012, which governs how Member States must deal with their BITs in force.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal riState Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

Furthermore, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law necessary in order for them to decide the disputes before them, the fact remains that when there is no judicial remedy under national law against the decision of a court or tribunal of a Member State, that court or tribunal is, in principle, obliged to bring the matter before the Court of Justice under the third paragraph of Article 267 TFEU where a question relating to the interpretation of EU law is raised before it...

Secondly, the employment anti-discrimination Directives (Directive 2000 / 78 / EC; Directive 2000 / 43 / EC on the equal treatment between persons irrespective of racial or ethnic origin and Directive 2006 / 54 / EC on the equal treatment of men and women in employment) do not refer to obesity either, and the fact that this case concerns an area falling within the Union's competence (i.e. employment policy) «is an insufficient foundation for concluding that a Member State -LRB-...) is «implementing» EU law.»

Within this wide interpretation, like any other provision being an expression of purely national competences in the light of the allocation of competences between the EU and the Member States, general rules of national criminal law can be attracted to EU law pursuant to implicit linking points (the latter being, for instance, instrumental, sequential, substantive, or intrinsic, as M.E. Bartoloni pointed out) between national law and the EU law itself.

In relation to EU law, Article 351 TFEU requires Member States to take all appropriate measures to eliminate any incompatibilities between pre-accession agreements (eg the Poland - Singapore 1993 BIT) and the Treaties.