Sentences with phrase «legal certainty on»

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.

Not exact matches

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?

The CIOT says there is a big risk that the GAAR penalties will be deemed incompatible with the European Convention on Human Rights if they are disproportionate or do not comply with the principles of legal certainty.

And the Privy Council, acting as their highest court, still provides a useful guarantee of legal certainty to the owners of the many corporations nominally residing on these islands.

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.

My approach to lawyers as a commercial entity is based on my near - certainty that the legal market of the future will include many providers, of which lawyers will be just one.

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 Court also makes reference to Recital 16 of the Regulation which underlines that the special rules of jurisdiction based on a close connection between the court and the dispute are meant to safeguard legal certainty as to the place of jurisdiction and to avoid that the respondent is exposed to a jurisdictional venue that he or she could not have reasonably foreseen.

Reduction of legal costs and due diligence, increased legal certainty and higher transaction volumes are regarded as positive effects of the introduction of a uniform rule on the property aspects of an assignment.

This follows on specifically from the general legal principles which form the basis of EU law, such as the principle of legal certainty and the principle of protection of legitimate expectations».

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).

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 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.

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.»

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;

Even when the legal aspects of a claim are strong, without proper interrogation and thorough financial analysis of the evidence, there can be no certainty as to the benefit of embarking on potentially long and costly proceedings.

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.

The European Parliament adopted a resolution on 20 April condemning the nationalization as an «attack on the exercise of free enterprise and the principle of legal certainty,» and calling on the Council, Commission, and High Representative Catherine Ashton to take action:

The CJEU's approach is to be commended, as the vigour and effectiveness of EU external action can only benefit if it can be assumed with relative certainty that measures taken within the context of a CFSP - mission will be considered «ancillary» measures, to be adopted on the same legal basis.

Questions will focus on legal certainty, supremacy, the Court of Justice of the European Union (CJEU), the Charter of Fundamental Rights, and devolution.

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)?

We have a lot more certainty now that technical legal attacks on utility of a patent generally can not invalidate the patent,» says Noel Courage, partner at Bereskin & Parr LLP in Toronto.

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.»

In particular, it shall aim at providing clarity and legal certainty to citizens, businesses, stakeholders and international partners on the immediate effects of the UK's withdrawal.

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.

Indeed, two (or slightly more) places of jurisdiction instead of 28 are more likely to ensure legal certainty based on a close connecting factor and the proper administration of justice.

Mexico continues to be very formalistic in addition to the substance; there is still a high level of formalism to complete a transaction offering the greatest certainty on legal and tax outcome.

«Thanks to the federal government, who has done nothing on this issue other than pass the Indian Act, there is no over-arching legislation that provides certainty in relation to acquisition of consent, unless the band and the collective self - identify,» said Charles Willms, chairman of Fasken Martineau DuMoulin LLP's Vancouver aboriginal law practice, speaking at the panel, Key Legal Cases in Canada: The Current Landscape.

«The Bill will also give UK citizens less protection against the power of the state as they will no longer be able to challenge EU law brought into UK law on the basis of non-discrimination, proportionality, legal certainty or the right of defence.

However, the emphasis which is placed on time - based billing should be reduced and integrated with up - front legal costs which provide clients with greater certainty as to the extent of their legal fees and prevent ethical issues in relation to billing from continuing to comprise the integrity of the legal profession.

Instead, the Court held that under Rhode Island law, the existence of a duty of care is determined on a case - by - case basis considering the following factors: (1) the foreseeability of the harm; (2) the degree of certainty of injury; (3) the closeness of connection between the defendant's conduct and the plaintiff's injury; (4) the policy of preventing future harm; (5) the burden to the defendant and consequences to the community in imposing a legal duty; and (6) the relationship between the parties.

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.

The tasks lawyers do themselves may change due to technological advances — lawyers may be able to spend more time on high - value legal work, suggests Corinne Boudreau of Two Certainties Law in Halifax.

This blogger resolves to be back and posting, earnest and true, on the usual array of legal, insurance, and risk topics, in the first week of the New Year and with some certainty and regularity thereafter.

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».

According to Langdon, UK citizens would have less protection against the state than before since they would no longer be able to challenge EU law brought into UK law on the basis of non-discrimination, proportionality, legal certainty or the right of defence.

The Committee expresses concern at the all - inclusive category of «other conduct that disrupts court order» in various articles of the Law on Lawyers, the Criminal Procedure Law and in the newly amended article 309 of the Criminal Law, which in its view is overbroad, undermines the principle of legal certainty and is open to abusive interpretation and application.»

If they are not prepared to do that, the courts will have to resolve cases on an ad hoc basis, most if not all such claims will be settled before a hearing, and the chances of greater legal certainty being achieved in the immediate future are slim indeed.

The Luxembourg law on financial collateral arrangements also improves the legal certainty of financial collateral arrangements by ensuring that certain provisions of insolvency law do not affect the benefits and protections created by such arrangements.

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 law is intended to regulate all activities that are possible on technical systems such as distributed ledgers and blockchain systems, and thus provide legal certainty,» Hasler said.