Sentences with phrase «legal certainty in»

The legal perspective plays an important role in this discussion, because new technical developments need legal certainty in order to be accepted».

«Without reciprocal rules, there can be no legal certainty in outcomes with all the ensuing complications, delays and potential costs for families and children.

By way of an example, apparently conducting due diligence on potential counterparties in over-the-counter derivatives to provide legal certainty in any given jurisdiction can cost anywhere between $ 10 to $ 50,000 in local counsel fees plus internal management costs.

As a result, it provides the parties involved with a negatively defined legal certainty in that they know what the effect will be of having, say, a price fixing clause in an agreement.

The ECJ approach neglects the negative effects on fundamental principles built by a national constitutional consensus and enshrined in the Constitutions, such as legal certainty in criminal matters (v.g. the Taricco case) and to that constitutional courts can not look the other way.

In contrast to AG Bot, AG Bobek highlighted the principle of legal certainty in a parallel and still pending case C - 574 / 15, Scialdone.

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.

«Only an independent judiciary that upholds the rule of law and legal certainty in all member states can ultimately guarantee that money from the EU budget is sufficiently protected,» the commission said.

Not exact matches

In a speech marking the beginning of the public consultation period, Schembri related that the «purpose of these laws will be to provide legal certainty to a space that is currently unregulated.

Mr Allen said the Commission was seeking «legal certainty» and stepped in because only a millionaire could afford to litigate this case.

In the view of the EFSA opinion, and considering that the Commission is currently working on a delegated act as regards infant formula and follow - on formula: 1) Is the Commission considering extending the advertising restrictions that apply to infant formula to follow - on - formula, and if not, how will the Commission provide Member States with legal certainty that they can adopt stricter rules on advertising?

In turning to the Tribunal, Ghana's primary objective and interest was to secure legal certainty, and, thereby, bring finality to a dispute with a valued neighbour,» he said.

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 possiblIn 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 possiblin terms of applying the new laws as quickly as possible.

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

Furthermore, and in the interest of legal certainty, any amendment to Directive 2010 / 63 / EU that might prove necessary should be the result of the review process stipulated in Article 58 of the Directive.

When the attorney restricted his legal vision in this way, he was able to argue, «It is a mathematical certainty that almost all of the [voucher] students end up going to religious schools.»

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.

The undue hardship standard was not explicitly defined in the Biden - backed law, but many courts interpreted it to require debtors to attempt to prove that their economic prospects would never improve, a concept known in legal circles as «certainty of hopelessness.»

(It may also be enlightening to ponder that the legal system in the US is based upon «a reasonable doubt,» so Americans are literally trained to consider anything this side of near absolute certainty as reason to reject an argument.)

A key provision of the ABC petition would have the Department of Interior's Fish and Wildlife Service (FWS) establish a permitting process that would significantly improve the protection of birds covered by the MBTA and would afford the wind industry a degree of regulatory and legal certainty that can not be provided in the absence of such a process.

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.

Under EU law, individuals will not be able to oppose this since in the EU legal order the principle of legality and even legal certainty do not apply to such «procedural» matters as statutes of limitations.

The ECJ omitted in its reasoning the EU general principle of legal certainty.

It all began in July 2007, when Stem's founder and president, Steve Matthews, took what he described as a «leap of faith» by leaving the certainty of his role as Knowledge Services Director at Clark Wilson LLP to start his own company, Stem Legal Web Enterprises.

The Court is very explicit in reiterating its statement that the German rule at issue enabled those concerned to know, without any ambiguity, what their rights and obligations are, hailing its quality to guarantee a significant level of legal certainty and transparency while complying with the principle of proportionality (para. 49).

Having attended way too many legal - technology trade shows over the course of my career, I can state with certainty that there are only two each year you really should attend if you care about keeping current with the field — LegalTech New York in January and ABA TechShow in April.

Does this mean that EU law has effectively lowered the legal protection of individuals in Italy and any other Member State that considers the principle of legality or legal certainty to be universally applicable, regardless of whether some provisions are labelled as substantive or procedural?

Peter Fleischer, Google's global data protection counsel, put it succinctly when he acknowledged that in the real world, in the absence of legal certainty there was «a compromise between the breakneck pace of information technology and the inertia of legal systems».

In short, to increase the judicial system efficiency and improve legal certainty.

According to the Anchorage Daily News, (via Bad Lawyer) Doty testified that, in his opinion (to a «reasonable degree of olfactory certainty,» perhaps, if I'm remembering the legal jargon correctly), there «was a «zero» probability that [the trooper] smelled marijuana as he claimed.»

Evidently, leaving the balancing to national courts would not solve the problem of divergent judgments in individual cases, which would again adversely affect legal certainty and equal treatment.

In my view, the principle of legal certainty is also strictly connected to the rule of law, which in turn is one of the EU values specified in Article 2 TEIn my view, the principle of legal certainty is also strictly connected to the rule of law, which in turn is one of the EU values specified in Article 2 TEin turn is one of the EU values specified in Article 2 TEin Article 2 TEU.

but the solution proposed by the Court will certainly not make administrators» life easier in Brussels, and might come at the expense of legal certainty and of ensuring a real level - playing field between private and public companies in the EU.

The guarantees of legal certainty and non-arbitrariness are particularly important in the field of criminal law, given that criminal repression is the most intense way of interfering with individual freedom.

The point would be to milden the firm obligation to enforce Article 325 TFEU and disapply the statutes of limitations periods, imposed upon national courts in Taricco I, to the extent that the ICC could decide that the considerations of effective judicial protection and legal certainty preclude in general the disapplication of statutes of limitations periods.

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).

In my view, even if statutes of limitations periods should be considered as forming part of procedural law, this would not mean that they are exempted from the EU general principle of legal certainty and that they can be modified on a case - by - case basis by courts, arbitrarily, without any clear and generally applicable legislative guidance.

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

The Court crafted a two - stage test which is quite complex from a legal standpoint (and remains the subject of a good deal of legal commentary and interpretation), but which nonetheless provides some much - needed certainty in answering the question of when a freely - negotiated spousal support agreement should nonetheless be varied by a court or set aside entirely.

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.

In May 2013, the U.N. Special Rapporteur on the independence of judges and lawyers stated that «[t] he judiciary needs to be given adequate tools, in line with the principles enshrined in the Constitution, to function properly and with legal certainty.&raquIn May 2013, the U.N. Special Rapporteur on the independence of judges and lawyers stated that «[t] he judiciary needs to be given adequate tools, in line with the principles enshrined in the Constitution, to function properly and with legal certainty.&raquin line with the principles enshrined in the Constitution, to function properly and with legal certainty.&raquin the Constitution, to function properly and with legal certainty.»

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.

This would create more legal certainty, since provisional application often does not include the whole agreement and it might create further complications in case of potential disputes brought under the agreement's dispute settlement provisions..

Notwithstanding some critical aspects to which the Court was supposed to remedy (the principle of legal certainty must be observed), the judgment would have been a contribution to the realization of a global project in line with a constructivist approach to global governance.

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.»

The committee's interim report, in September, warned that the Bill «weaves a tapestry of delegated powers that are breath - taking in terms of both their scope and potency»; that its capacity to undermine legal certainty was «considerable»; and that it was «highly complex and convoluted in its drafting and structure».