Sentences with phrase «legality under»

It is broad in scope, considering the legality under EU law of public and private PBMs at both Union and Member State levels.

A student's inclination to cross the line of legality under the guise of self - expression can also be abetted by imprudent teachers.

In Baby Milk Action's assessment, Nestlé's strategy violates the International Code of Marketing of Breastmilk Substitutes and is of dubious legality under UK law (details and images below).

Not exact matches

In short, it's about the legality of insurance subsidies provided by the federal government under the ACA to only those people enrolled through federal exchanges (i.e. Healthcare.gov).

Not only is the legality of doing so under scrutiny, but it wouldn't actually curb speculation as much as it would push domestic traders to offshore accounts (see China for a case study).

Since then all governments have hidden their violence under a mask of legality.

This article is not about the legality of abortion, which has never been «murder» under any US law.

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«We don't break the law at Project Veritas — what we do is right on the line of legality,» said O'Keefe, who in 2010 pleaded guilty to charges related to entering the offices of U.S. Sen. Mary Landrieu, D - Louisiana, under false pretences.

The loan is coming under sharp criticism from environmental groups, who are urging the Authorities Budget Office to investigate whether the legality of the Environmental Facilities Corp.'s approval process.

The legality or otherwise of the NEC decision of 23rd October 2015, has been under judicial contention since the day it was taken.

In addition to the Burke - Loeb case, Newsday has reported that the comprehensive federal scrutiny of Spota's office has included whether there was anything unlawful in the handling of the investigation into the shooting of Huntington Station taxi driver Thomas Moroughan by an off - duty Nassau County police officer; the circumstances under which former Suffolk County Executive Steve Levy gave up a $ 4.1 - million - dollar campaign chest to the district attorney's office, and also agreed not to run for re-election; the legality of a wiretap placed on the phone of former Suffolk detective John Oliva; the resolution of the criminal case against well - known Suffolk criminal lawyer Robert Macedonio; the office's distribution of asset - forfeiture money; and the investigation into a number of political associates of Suffolk County Executive Steve Bellone.

It's unclear whether ARB has the authority to go beyond 2020 currently, thanks to a combination of potentially limiting language in the original climate law, A.B. 32, and a lawsuit challenging the legality of cap - and - trade auctions under a law requiring a two - thirds legislative majority to approve taxes.

The legality of such a border tax adjustment under international trade law is untested, but is considered to be plausibly consistent with trade principles [230].

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«We have always believed that the ultimate legality of our choice scholarship program would be decided by the federal courts under the United States Constitution,» Douglas County School Board President Kevin Larsen sad.

Ovation bases much of their assistance and resources on the legalities of credit repair as the company was founded by attorneys and is currently still operating under Terry Cordell, an attorney and President of Ovation.

Under the Prevention of Money Laundering Act (PMLA), Know Your Customer (KYC) norms have been mandated to track the legality of funds used in an investment.

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Xenofon is interested in exploring the «limits of acceptability and the margins of legality» under -LSB-...]

Their Transborder Immigrant Tool was under investigation by members of the United States Congress and the FBI Office of Cybercrimes, who questioned the application's legality, and was also exhibited in the 2010 California Biennial, Orange County Museum of Art.

Moreover, to the extent that the EU wants to rely on the EU Courts» jurisprudence to comply with its obligations under the AC, the Committee recommended that the EU Courts assess the legality of the EU's implementing measures in light of the AC's obligations and interprets EU law as much as possible in consistency with Articles 9 (3) and (4) of the AC.

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 upheld its view that under EU law, by default, the principle of legality does not apply to statutes of limitations.

This is made clear in the blog entry, which argued that there was a need to «balance [e] the rights under these articles [social rights which would be secured through tax collection] and the accused's individual rights guaranteed by the legality principle».

[10] Hence, as a matter of EU law, the investors who benefited from the solar energy subsidies could not entertain legitimate expectations about the legality of the aid, and neither could they (as noted) challenge the scaling back under EU law as Spain enjoys wide discretion on how to reach its renewable energy goals.

The ICC held that under Italian constitutional law the principle of legality covers not only the definition of criminal offences and the applicable penalties but also statutes of limitations periods.

Achmea casts serious doubts on the legality of CETA's investment chapter, which allows investors from one Party to submit to an arbitral tribunal a claim that the other Party has breached an obligation under CETA.

Due to the overcrowding on the bus, that day I had to travel by standing on the footboard of the bus, which was actually prohibited by law as it amounts to travelling dangerously and is an offence punishable under Indian Penal Code and the Indian Motor Vehicles Act; little did I know about the legalities when I travelled on that day.

Three of these are related, involving a potentially huge class action against credit card companies based on the legality of «conversion charges» under the Consumer Protection Act.

In my opinion the ECJ's decision in Taricco I that national courts must disapply the rules of statutes of limitations if they prevent Member States from fulfilling their obligations under Article 325 TFEU (in the present case, the relevant Italian legislation) leads to perceiving serious fraud as a crime against the rights and interests of citizens, i.e., against fundamental social human rights guaranteed under Articles 2 and 3 of the Italian Constitution, and hence calls for resolving the conflict within the Italian Constitution by balancing the rights under these articles and the accused's individual rights guaranteed by the legality principle (Art. 25 (2) Const.).

On 28 February 2017, the Court decided in an equally controversial and important case that it had no competence to look into the question of the legality of what has become known as the EU - Turkey deal under Article 263 TFEU.

In particular, the introductory chapter would have benefitted from a deeper and more reflective account of why the conceptual framework developed to structure analysis of PBMs at WTO - level is suitable for direct transposition to assess the legality of those measures under EU law.

The risk of this happening, along with the potential for higher fines under the General Data Protection Regulation, (EU) 2016/679 (GDPR), may force advertisers to be more cautious in their use of Facebook, and other social media platforms, and put pressure on these companies into providing greater assurances about the legality of their data processing techniques.

Lorand Bartels addresses the legality of the scheme under WTO law whereas Joanne Scott and Lavanya Rajamani stress the relevance of the principle of Common but Differentiated Responsibilities and Respective Capabilities in the context of unilateral climate action.

So, any investigation of rent legality will likely have to depend heavily on a review of the vendor's records, to the extent such records exist and production can be required under the terms of the agreement of purchase and sale.

There, the lawyer who raised an IAC claim about her client's previous lawyer was herself found ineffective because she failed to preserve an argument about the legality of the sentence length under the Supreme Court's holding in Booker.

For example, in Shpak, the court rejected the legality of a bylaw which purported to authorize panel - lawyer costs: «[64]... The costs of counsel to the panel have no counterpart under Rule 57.

In doing so, the CJEU followed the viewpoint of the ICC, which had argued in its referring Order n. 24/2017 (English translation available here) that rules on the limitation period belong to substantive criminal law and thus fall under the scope of the principle of legality and its corollaries (p. 3).

The Court thus held that it would review the legality of an EU act in the light of WTO law where the EU act at issue referred explicitly to specific provisions of WTO law (the Fediol exception) or where the EU intended to implement a particular obligation assumed under WTO law (the Nakajima exception).

The European Court and Actions for Annulment: Codebook for Data Set on Actions under Article 230, 1954 - 2006 Alec Stone Sweet and Thomas L. Brunell The data set, which is made accessible here, contains the first 5,143 Art. 230 actions for annulment — applications for the judicial review of the legality of Community acts — filed with the European Court of Justice.

However the flaw in this argument is that there is no power in the criminal courts (whether on a review of the section 8 warrant or on an application under section 59) to quash a warrant or to make any declaration as to the legality of the search or seizure under the warrant.

advising a public authority on the legality of using the cloud to store data under the Computer Misuse Act 1990 (assisting Julian Blake).

The ECJ's decision that national courts must disapply the rules of statutes of limitations if they prevent Member States from fulfilling their obligations under Article 325 TFEU (in the present case, the relevant Italian legislation) leads to perceiving serious fraud as a crime against the rights and interests of citizens, i.e., against fundamental social human rights guaranteed under Arts. 2 and 3 Const., and hence calls for resolving the conflict within the Italian Constitution by balancing the rights under these articles and the accused's individual rights guaranteed by the legality principle (Art. 25 Const.)

The second, logically connected, is that the conflict between EU law (Art. 325 TFUE) and Italian Constitutional law (under which the principle of legality in criminal matters as laid down by Art. 25 (2) Const.

The law lords have been asked to consider the legality of the orders, which were introduced under the Prevention of Terrorism Act 2005 and allow a suspect's freedom to be curtailed although they have not been charged or tried in open court.

The majority modified its approach by holding that a defendant to possession proceedings could invoke Art 8 to challenge the legality of the domestic legislation as a whole, but if the statute itself was complaint, decisions under it would be immune from further assessment under Art 8.

First, he maintains that the immediate application of a longer limitation period would not affect the national identity; in this respect, as pointed out under p. 5, it is worth stressing that some commentators argue that limitation rules do not per se define the constitutional identity, but in the Italian legal order they are nevertheless subject to the principle of legality, that is definitely part of such identity.

The Kosovo and Quebec doctrines lead us to the conclusion that where the Northern Cyprus or Southern Rhodesia type of illegality is not attached to a declaration of independence, the obligation to withhold recognition under Article 41 ARSIWA does not apply, and pursuant to Quebec para 155 foreign states may grant recognition, taking into account the legality and legitimacy of a claim for independence.

And this is what I understand to be the meaning of our lawyers, when they say that these civil corporations are liable to no visitation; that is, that the law having by immemorial usage appointed them to be visited and inspected by the king their founder, in his majesty's court of king's bench, according to the rules of the common law, they ought not to be visited elsewhere, or by any other authority.53 And this is so strictly true, that though the king by his letters patent had subjected the college of physicians to the visitation of four very respectable persons, the lord chancellor, the two chief justices, and the chief baron; though the college had accepted this carter with all possible marks of acquiescence, and had acted under it for near a century; yet, in 1753, the authority of this provision coming in dispute, on an appeal preferred to these supposed visitors, they directed the legality of their own appointment to be argued: and, as this college was a mere civil, and not an eleemosynary foundation, they at length determined, upon several days solemn debate, that they had no jurisdiction as visitors; and remitted the appellant (if aggrieved) to his regular remedy in his majesty's court of king's bench.