Sentences with phrase «legal certainty for»

the 1998 amendments to the Native Title Act 1993 (Cth) rolled back protection of native title, and provide legal certainty for Government and third parties at the expense of native title

The Committee reiterates its view that the Mabo case and the 1993 Native Title Act constituted a significant development in the recognition of indigenous peoples» rights, but that the 1998 amendments wind back some of the protections previously offered to indigenous peoples, and provide legal certainty for government and third parties at the expense of indigenous title.

While the original Native Title Act was delicately balanced between the rights of indigenous and non-indigenous title holders, the amended Act appears to create legal certainty for government and third parties at the expense of indigenous title.

While the original Native Title Act was delicately balanced between the rights of indigenous and non-indigenous titleholders, the amended Act appears to create legal certainty for government and third parties at the expense of indigenous title.

«Our goal is to provide legal certainty for those who seek it, without hindering those who want to follow their own path.

Safe Harbor had stood for 15 years, and EU and US officials scrambled to negotiate a new agreement to try to restore legal certainty for businesses that rely on being able to process users» personal data in the US.

The aim of it is to provide legal certainty for blockchain - based companies.

The suspension was issued «in order to promote legal certainty for numerous stakeholders claiming to experience difficulties in interpreting several provisions of the Act while being exposed to litigation risk.»

This has now been put on hold, as the Government of Canada in its Order in Council claims there is a need to «promote legal certainty for numerous stakeholders claiming to experience difficulties in interpreting several provisions of CASL while being exposed to litigation risk».

Order Amending Order in Council P.C. 2013 - 1323 of December 3, 2013 in order to delay the Coming into Force date of sections 47 to 51 and 55 of Canada's Anti-spam Law, which provides for a private right of action, in order to promote legal certainty for numerous stakeholders claiming to experience difficulties in interpreting several provisions of the Act while being exposed to litigation risk.

She continues, «An agreement would provide legal certainty for foreign investors from both countries at a very...

This is important for the standard of fundamental rights protection, but also to ensure legal certainty for business.»

The federal government has issued an Order in Council today delaying the coming into force date of the private right of action under Canada's Anti-Spam Legislation until completion of a parliamentary review «in order to promote legal certainty for numerous stakeholders claiming to experience difficulties in interpreting several provisions of the Act while being exposed to litigation risk.»

The ESIGN Act implements a national uniform standard for all electronic transactions that encourages the use of electronic signatures, electronic contracts and electronic records by providing legal certainty for these instruments when signatories comply with its standards.

The advantage of the rather simple and straightforward interpretation of the term «information society service» is that it creates legal certainty for operators of wireless networks.

The Court's judgment is to be welcomed as a balanced interpretation based on the instruments at stake, clarifying an important matter and strongly enhancing legal certainty for future cases.

In order to create real legal certainty for affected scientists, it is necessary to give the administrations the ability to act in terms of applying the new laws as quickly as possible.

Therefore, the amendment leads to greater practicality for universities and research centres as well as more legal certainty for scientists.

Not exact matches

«Fingerprints lack scientific basis for legal certainty: More research into validity of fingerprint comparisons needed.»

In terms of IT security and legal certainty, this is certainly a major challenge for employers.

«But the international community does not want a lack of legal certainty to lead to a free - for - all for private enterprise, either.»

We urge the European Commission and the Federal Government, therefore, to ensure the implementation of the strategy for a digital single market and in the reform of copyright for legal equality between digital and analogue goods and thus for legal certainty.»

All who believe in that principle, and the certainty it provides to libraries and many other parts of our culture and economy, should join us in applauding the Court for correcting the legal ambiguity that led to this case in the first place.

Instead, focusing on the equal footing criterion, the Court opted for a rather unpredictable ad - hoc approach, which might be considered beneficial for academics and people interested in EU law in general, since it generates more case - law, but which is surely not beneficial to legal certainty.

The judgment could best be understood in the context of the Court's recent push for legal certainty and transparency in the field of EU citizens» welfare rights.

Again, the Court opts for legal certainty in rigorous and explicit terms and emphasises the objective of preventing the foreign EU citizen from becoming an unreasonable burden on the host Member State's social assistance system.

The advantage for the Commission would be that it obtains legal certainty on whether ACTA is compatible with the Treaties and the Charter, possibly opening the door to ratification or renegotiation.

This would call into question the effectiveness of the Family Reunification Directive and thwart the specific protection for unaccompanied minor refugees, as well as the principle of equal treatment and legal certainty.

At the same time, according to him, «it can not be automatically assumed that Treaty provisions which impose on Member States a precise and unconditional obligation as to the result to be achieved, as is the case for Article 325 (1) and (2) TFEU, automatically fulfil, in each and every situation, the requirement of foreseeability required by the principles of legality and legal certainty» (para. 176).

Ultimately, Rose says in the quest for certainty, employers may actually achieve uncertainty — as well as higher legal bills and larger payouts to employees.

It is the reason why GPS Legal can provide clients with experienced and capable teams for complex transactions and cases but with high degrees of price certainty.

No one can really predict for sure how fast change will come to the legal profession, nor with any certainty, the exact changes that will occur.

If, for example, it could be shown that the certainty dividend in a particular dispute was worth no more than $ 5 million, then it would certainly be difficult to justify a legal cost in excess of this amount — save for the bare minimum costs of lawsuit administration and compliance with legal procedure.

Calls on the President of the European Council, the President of the European Commission and the High Representative for CFSP to make every effort with the Argentine authorities to defend the Community interest and to safeguard the principle of legal certainty which guarantees Europe's presence and investment in this South American country, by returning to the path of dialogue;

The Constitution Committee has already raised its concerns with the Bill in particular the lack of legal certainty, excessive powers granted to Ministers and the need for meaningful scrutiny by Parliament.

The Committee find that the Bill risks undermining the legal certainty it seeks to provide, gives overly - broad powers to ministers, and has significant consequences for the relationship between the UK Government and the devolved administrations.

This does not provide for much legal certainty particularly now because pursuant to Filmspeler even the sale of devices containing software linking to unlawfully uploaded content can constitute an act of communication to the public if the seller knows about the infringing nature of these links.

A couple who have engaged properly in the process of entering into a pre-nup with full financial disclosure and independent legal advice, are able to plan for their married life together with financial certainty and clarity.

«The answer may be to create a mechanism for obtaining an Advisory Opinion in disputes before UK courts or for UK courts to have due regard to CJEU rulings, and an obligation of consistent interpretation to ensure equality, legal certainty and the maintenance of the quality of the rights.»

Given the negotiation parties» desire to establish legal certainty, consistency and transparency for the roughly 5 million affected citizens and the prospect of an unprecedented bureaucratic operation, the Court missed an opportunity to clarify what kind of residence actually qualifies as «legal» residence for the purpose of acquiring permanent residence under Article 16 of the Citizens Directive: is this any period of non-reliance on the social assistance system (as AG Wathelet appears to suggest) or only periods in which applicants can demonstrate compliance with certain minimum thresholds for «work» or «sufficient resources» (as Member States seem to prefer)?

«The LCCA's security standards give the legal profession certainty as to the specific steps taken by their technology vendors in keeping their data private and, we hope, provide the basis for a common set of standards that bar associations and law societies will support.»

This would create the much needed legal certainty, unless the ACM follows the Commission's example and decides to opt for a commitment or settlement procedure that would allow it to stick to its preliminary assessment without conducting a fully blown competition law and economics analysis.

However, Susan Brown, director at law firm Prolegal, said: «Introducing a system which has no certainty of reducing costs and could equally well increase them, will undoubtedly lead to satellite litigation, will make it more difficult for claimants to find an experienced personal lawyer to represent them, and is extremely dangerous at a time when the legal services industry is on the brink of the major upheaval that will result from the introduction of alternative business structures.»

Ironically, in the quest for certainty, employers may achieve uncertainty (and larger payouts to employees and higher legal bills after court battles).

A recent white paper on sport published by the Commission failed to provide any legal certainty and while the EU Reform (Lisbon) Treaty, if ratified, would, for the first time, include an article on sport, it merely underlines the importance of sport and its social and educational role within the EU.

Moreover, given our own focus on cost control (we own our own office space, for instance), we can offer flexible and, where appropriate, fixed pricing for certain legal work in order to provide greater cost certainty for our clients.

Guttman also addressed how legal teams can reconcile cost certainty and predictability with spend management and the need for reduction.

In its bid to contribute to «legal certainty» and «transparency», Member States will for sure welcome the Court's judgment, but the legacy of Brey still complicates the desired carte blanche for national authorities to refuse any claim to social assistance by indigent EU citizens.

There are important regulatory, economic and rights - based reasons for ensuring legal certainty which underline the ongoing relevance of the CJEU case law post March 2019.

For insurers defending a claim, the only benefit is the certainty in knowing the plaintiff will be able to pay costs, which translates into a lower legal bill for the insurFor insurers defending a claim, the only benefit is the certainty in knowing the plaintiff will be able to pay costs, which translates into a lower legal bill for the insurfor the insurer.