Sentences with phrase «legitimate aim in»

However, decisions at a European level have permitted certain differences in treatment which are «objectively justified», as allowing Member States to use mandatory retirement ages where «appropriate and necessary in order to achieve a legitimate aim in the context of national employment policy.»

It was as if the Judges had their constitutional law text books out beside them: the Court began by identifying the existence of a «legitimate aim in the general interest».

Not exact matches

«The Turkish government's news media shutdown shows how the State of Emergency law is being used to deny the right to free speech beyond any legitimate aim of upholding public order,» Human Rights Watch said in a statement.

«[I aim to serve] people with a legitimate interest in using bitcoins, such as converting into euros a few bitcoins they've received or paying for an online service with bitcoins.»

Unlike all regimes, liberal ones recognize limits upon their right to pursue that aim directly, since they must respect the legitimate freedom of individuals and individuals in association with one another to pursue their own conceptions of what is good and valuable in life.

This is the method of the «double rejection,» of challenging both sides of the usual two - cornered dispute with the aim at descrying a genuinely new position in which the legitimate motives in each of the older ones are given their due.

«However laudable the aim, we need to make sure that increasing access to government held information for those with a legitimate need to know does not also open the door to those who seek to buy, beguile or barter their way to information that is rightly denied to them in law.»

This self - declared «gender identity» would then be a legally protected characteristic and it would be prohibited to discriminate against you on the basis of it, even in cases where provision of women - only services is a proportionate means of achieving a legitimate aim, and even where there is a genuine occupational requirement to employ a woman.

The Nigerian government has an obligation to balance whether the risk of harm to the legitimate aim (that is secrecy of ongoing corruption investigation and presumption of innocence) from disclosure of the names of public officials is greater than the public interest in accessing the information.»

Edwin said: «It is therefore appalling that BUA Group in the midst of these overwhelming facts will still want the public to believe that Dangote Group is after its business when in actual fact BUA has been the one mining illegally in Dangote Mining Lease and attacking its officials without any justification... The crocodile tears being shed by BUA in its cry for help and open letter to the President is most laughable and a total distraction from BUA's continuous illegal activities within Dangote's ML 2541 aimed at depleting and exhausting the limestone reserves in order to sabotage Dangote Group's legitimate investment.»

«International law provides that any restriction to rights online must be provided in law, pursuant to a legitimate aim, and limited to only what is necessary and proportionate.

The Chairman said that the EU's Support to Democratic Governance in Nigeria (EU - SDGN), aimed at contributing to the reinforcement of democracy in the country through the building of strong, effective and legitimate democratic institutions, is anchored on the priorities of the Federal Government and the recommendations of the EU Election Observation Mission on the 2015 General Elections.

The high court had just ruled that race is a legitimate factor in admissions policies aimed at fostering campus diversity (Science, 27 June, p. 2012), a stance that many took as a vote of confidence in their efforts, too.

His employer (Bryan Cranston, Contagion) aims to add racing to the Driver's resume, seeking finance from a local mobster (Albert Brooks, The In - Laws) for a legitimate venture.

Once this is done, whatever left should be invested in an asset / mix of assets that best fit your risk profile - of which long term bonds are a completely legitimate option, but it's hard to say without knowing more about your long term aims / liabilities / job market etc..

My aim is to integrate the legitimate Fama insights (which were numerous) and the Shiller corrections into a package of investing ideas that can actually work in the real world.

The AWC also aims to prevent the abuse, exploitation and suffering of captive birds, to address issues of rescue, placement, and sanctuary for displaced birds, to increase legal protections for captive birds and to support legitimate conservation programs aimed at preserving birds» rightful place in the wild.

Here's a quick riff on risk and response, aiming to put in context the legitimate questions raised by the extracted climate - science e-mails.

Seldon provides some clarity in that it identifies and confirms that the legitimate aims put forward by the law firm, Clarkson Wright and Jakes, are justified, namely: giving associates an opportunity of partnership within a reasonable time and thereby an incentive to remain with the firm; facilitating workforce planning by knowing when vacancies are to be expected; and limiting the need to expel under - performing partners, thus contributing to a congenial and supportive attitude within the firm.

Accordingly, not only do employers have to identify a legitimate aim, but it also has to show that the discriminatory conduct, which in this case is age 65, is a proportionate means of achieving that aim.

The test to determine discriminatory conduct, in this case direct age discrimination, is set out in reg 3 of the Employment Equality (Age) Regulations 2006 (SI 2006/1031)(which is now repealed and set out in s 13 (1) and (2) of the Equality Act 2010): «For the purposes of these Regulations, a person («A») discriminates against another person («B») if, on the grounds of B's age, A treats B less favourably than he treats or would treat other persons,... and A can not show the treatment or, as the case may be, provision, criterion or practice to be a proportionate means of achieving a legitimate aim.»

In addition to establishing the legitimate aims, organisations will have had to obtain evidence to substantiate that the chosen legitimate aims are a proportionate means of achieving that aim.

Although councils set out legitimate fine systems, so that driving and parking can be managed in the most efficient and fair way for all drivers, increasing fines to these profits extremes raises some questions in regards to the aim of said systems.

On the facts, the Tribunal held that in specifying that a) staff of both genders be available, b) staff left in charge should have sufficient experience, and c) there should be continuity of care wherever possible, the Respondent's aim was legitimate, and that requiring staff to work Sunday shifts in line with their contracts was a proportionate means of achieving that aim, and dismissed Mrs Mba's claim for constructive dismissal.

In reaching its decision, the Tribunal applied the test of proportionality, which requires that there should be a legitimate aim, that the PCP be necessary to achieve that aim, and that it should be a proportionate means of doing so.

An interference would be considered «necessary in a democratic society» for a legitimate aim if it answered a «pressing social need» and, in particular, if it was proportionate to the legitimate aim pursued and if the reasons adduced by the national authorities to justify it were «relevant and sufficient».

In determining whether an interference with such rights is justified, the Convention asks whether the interference pursues a legitimate aim, such as national economic interests, and is «necessary in a democratic society»In determining whether an interference with such rights is justified, the Convention asks whether the interference pursues a legitimate aim, such as national economic interests, and is «necessary in a democratic society»in a democratic society».

On the second issue, the court acknowledged that although maintaining public confidence in the penal system had a role to play in the development of penal policy and that punishment was a legitimate aim of imprisonment, these were not the only important considerations.

The AG then considered that whereas the aims of the measure restricting the free movement, namely the distribution of the budgetary burden in order to prevent social tension and its negative consequences for integration, constitute in themselves legitimate objectives, the AG finds that with regard to the distribution of the budgetary burden there are less restrictive measures that would enable the evening out of budgetary imbalances across a State.

While the interference pursued the legitimate aim of protecting the interests of his creditors, such a measure could not remain in place over a long time without periodic reassessment of its justification.

Sir Alan said: «I have identified, in respect of the question of legitimate aims, a series of misdirections by the EJ (Employment Judge) by reason of his misunderstanding of and / or misapplication of the facts and the evidence.

Targets of SLAPPs (i.e. defendants) should have a quick and inexpensive way of having a Court assess whether the lawsuit in which they have been named is abusive or aimed at silencing legitimate and legal expression.

The most powerful example of a legitimate aim is in order to comply with health and safety requirements, but this should nonetheless be proportionate.

Vikki Massarano noted that both cases concluded that there was legitimate aim, the key difference is whether it was justified to bring in the transitional protections.

It is a fundamental though qualified right, subject to lawful interference in pursuit of legitimate aims (such as the prevention of fraud and crime) and necessary in a democratic society.

Four issues had been identified by the parties: (i) whether the Court of Appeal had correctly held that the 2009 and 2010 care plan reviews were to be read as including a reassessment of the claimant's community care needs; (ii) whether the authority's decision to provide pads interfered with the claimant's Art 8 rights and, if so, whether such an interference was justified and proportionate; (iii) whether the authority had been operating any relevant policy or practice for the purposes of s 21E (1) of the Disability Discrimination Act 1995 (DDA 1995) and, if so, whether that policy was justified as a proportionate means of achieving a legitimate aim, namely the equitable allocation of limited care resources; and (iv) whether the authority had failed to have due regard to the needs specified in s 49A of DDA 1995 (the general disability equality duty) when carrying out their functions in the instant case.

A rule may survive under the exemption in Art 81 (3) if it supports legitimate aims that benefit consumers, and is the least restrictive way to achieve this objective.

«It is doubtful that the blanket ban on wearing a full - face veil in public pursues a legitimate aim.

However, the EAT held that the transitional provisions implemented by the Government in pursuit of this legitimate aim were not proportionate, as the Claimants had suffered undue hardship as a result of the transitional provisions, which went beyond what was reasonably necessary.

However, the EAT overturned that decision, concluding that the ET had not correctly applied the objective justification test, or properly considered the issue of proportionality (in order to achieve legitimate aims).

However, the EAT found that the ET judge had «failed to consider whether, in the context of the FPS, the application of the transitional provisions and the differential treatment on the grounds of age was a proportionate means for achieving what she had concluded... were legitimate aims of social policy».

According to the Council Directive (2000 / 78 / EC) cited in the Court's judgment, as well as the applicable international and European human rights law, indirect discrimination can be justified, but only on the condition of a «legitimate aim».

In Sargeant the EAT confirmed the ET's finding that the transitional provisions implemented in respect of the firefighters pension scheme were pursuant to a legitimate aiIn Sargeant the EAT confirmed the ET's finding that the transitional provisions implemented in respect of the firefighters pension scheme were pursuant to a legitimate aiin respect of the firefighters pension scheme were pursuant to a legitimate aim.

The designated retirement age (DRA) of 65 years adopted by the United Kingdom in the Employment Equality (Age) Regulations 2006, SI 1031/2006, (the Regulations) is lawful under European Council Directive 2000 / 78 / EC (the Directive) as being a legitimate social policy aim to protect the integrity of the labour market.

That guidance suggests that an employer's desire to project an image of neutrality toward its customers is a legitimate aim — but it would be harder to justify the rules in roles that are not customer facing, and redeployment to such roles should be explored before more drastic action is taken.

It may seem an odd proposition that the Woolf reforms, with their legitimate aims of improving access to justice and reducing the cost of civil litigation, have, 10 years on, failed a constituency many would argue least worthy of assistance in the first place.

His lordship referred to Al - Adsani v United Kingdom (2001) 34 EHRR 273 and held that compliance with obligations owed in international law was of itself pursuit of a legitimate aim.

It noted the requirement under Article 9 (2) that any limitation placed upon that right must be prescribed by law and necessary in a democratic society in order to serve a legitimate aim, including the rights and freedoms of others, which could be invoked by the defendant in this case.

In Ireland, the Employment Equality Acts 1998 — 2015 prohibit discrimination on grounds of age, but specifically permit the use of mandatory retirement ages provided that they are «objectively and reasonably justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.»

In order to successfully claim indirect discrimination, the claimant must demonstrate that the respondent has applied a provision, criterion or practice («PCP»); that PCP puts or would put someone with the claimant's religion or belief at a particular disadvantage when compared to other persons; the PCP puts or would put the claimant at that disadvantage and the PCP can not be justified as a proportionate means of achieving a legitimate aim.