Sentences with phrase «national constitutional law»

In fact, in the case at hand it was not necessary to solve simultaneously pending doubts of compatibility with national constitutional law and EU law.

This would alter, as the ECJ puts it on its opinion 1/09, the very nature of the European Union Law and might infringe national constitutional law.»

In Egenberger, the Court allows a much greater procedural leeway to national courts to give effect to fundamental rights in private disputes in the way that national constitutional law recognises.

In other words, national courts are permitted to apply the statutes of limitations, in accordance with the requirements stemming from its national constitutional law.

I chose the present one because I find it next to impossible that the ECJ decide to assume the power to confirm or approve the interpretation of national constitutional law.

Otherwise, it would mean that the ECJ assumed the power to interpret or at least confirm the interpretation of national constitutional law (as claimed by Burchardt).

Not exact matches

from John Eastman, a constitutional law professor at Chapman University, is chairman of the National Organization for Marriage:

A friend who has been teaching a course on constitutional law for a couple of decades and has achieved a national reputation confided recently that he plans to stop teaching the course; there just isn't any integrity to the subject, and it becomes almost a degrading experience to have to teach, say, equal protection doctrine and pretend that the Court's decisions are the product of any sort of coherent thinking.

Consistent with the Hoover Report's recommendations that the United States had to reconsider «long - standing American concepts of fair play» and «learn to subvert, sabotage and destroy our enemies,» the shadow government built alliances between U.S. government officials, the Mafia, and international drug cartels; assassinated many thousands of civilians in Southeast Asia; carried out or attempted assassination of foreign leaders; trained death squads and secret police forces; worked to shore up unpopular dictators like the Shah of Iran and the Somoza dictatorship in prerevolutionary Nicaragua; worked to destabilize «unfriendly» governments such as Allende in Chile and the Sandinistas in Nicaragua; cooperated with the Colombian drug cartel to plot the assassination of the former U.S. ambassador to Costa Rica, Lewis Tambs, with the intention of justifying a U.S. invasion of Nicaragua by blaming his death on the Sandinistas; contracted with the Reagan administration and the National Security Council to find ways of circumventing a congressional ban prohibiting aid to the contras, including the trading of arms to Iran in exchange for hostages and money for the contras; illegally shipped weapons from the United States to the contras and allowed returning planes to use the same protected flight paths to transport drugs into the United States; 11 targeted the U.S. people for disinformation campaigns; and helped prepare contingency plans for declaring a form of martial law in the United States that would have formally suspended constitutional freedoms.

A constitutional convention has at its heart an assembly of citizens charged with making proposals for the basic rules of the political system, e.g., the voting system or the creation of new national or regional law - making bodies.

He works in the area of UK and US constitutional history, particularly in the area of religion, law and politics, focusing on the national religions in the UK (the Church of Scotland, the Church of England and the Church in Wales) and on non-establishment in the United States.

In the practice of certain states acceptance and approval have been used instead of ratification when, at a national level, constitutional law does not require the treaty to be ratified by the head of state.

Teachout, a professor of Constitutional Law at Fordham University, announced at the rally that she had just received the endorsement of the National Organization for Women (NOW) along with the Sierra Club, The Nation and a plethora of unions throughout the state.

The National Republican Congressional Committee will begin airing new ads Tuesday attacking California Democratic Reps. Lois Capps, John Garamendi and Jerry McNerney on the 2010 health care law, days after the Supreme Court ruled it to be constitutional.

According to the law, a group can be named undesirable if it threatens the foundations of constitutional order, national defense capabilities, or national security.

United Kingdom About Blog The United Kingdom Constitutional Law Association (UKCLA) is the UK's national body of constitutional law scholars affiliated to the International Association of ConstConstitutional Law Association (UKCLA) is the UK's national body of constitutional law scholars affiliated to the International Association of Constitutional LLaw Association (UKCLA) is the UK's national body of constitutional law scholars affiliated to the International Association of Constconstitutional law scholars affiliated to the International Association of Constitutional Llaw scholars affiliated to the International Association of ConstitutionalConstitutional LawLaw.

From an active Twitter Account to blogging, from teaching Constitutional Law to Pre-AP English, from a national winner...

A college partnership laboratory school shall be subject to all federal and state laws and regulations and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services.

They include international instruments such as treaties and declarations; nationally based standards such as constitutional provisions and national laws; certification schemes such as the Worldwide Responsible Apparel Production (WRAP); and voluntary initiatives that are adopted by businesses on a voluntary basis (Report 4).

United Kingdom About Blog The United Kingdom Constitutional Law Association (UKCLA) is the UK's national body of constitutional law scholars affiliated to the International Association of ConstConstitutional Law Association (UKCLA) is the UK's national body of constitutional law scholars affiliated to the International Association of Constitutional LLaw Association (UKCLA) is the UK's national body of constitutional law scholars affiliated to the International Association of Constconstitutional law scholars affiliated to the International Association of Constitutional Llaw scholars affiliated to the International Association of ConstitutionalConstitutional LawLaw.

To interpret Rottmann to trump this would require a judgment even more grandiose than Van Gend or Costa, something in which the Court pronounced that the present state of integration was such that the removal of their fundamental status and rights from a group of Union citizens could only be permitted if the national constitutional process leading to it was itself sufficiently democratic to comply with the requirements of EU law.

However, in the absence of a system to preventively suspend the application of national laws during unconstitutionality procedures, judicial fees must be paid at the higher rate until the Constitutional Court decides the issue.

I believe that thanks to the national constitutional doctrines on the «conditional» primacy of EU law (on the «conditional supremacy» of EU law in the UK, see the post by Garner on this blog) as well as to the corresponding EU provisions — the constitutional identity clause in Article 4 (2) TEU and the authorisation to apply higher national standards of fundamental rights in Article 53 CFR — national constitutional or apex courts can provide necessary checks and balances on the ECJ enormous judicial power.

We should see the occasional tug of war between national constitutional courts and the ECJ regarding the primacy of national constitutional or EU law not as a pathological condition but as a desirable, deliberative mechanisms aimed at balancing judicial power.

Today's decision by the Grand Chamber in C - 617 / 10 Åkerberg Fransson is a landmark decision on the scope of the Charter of Fundamental Rights, EU constitutional law, and the relationship between national and EU law in general.

In my view, this saga illustrates a positive side to the «conditional» acceptance of EU law primacy by national constitutional courts as the latter provide checks and balances on the ECJ's enormous judicial power.

In these three orders, the SCC concluded that the constitutional questions did not meet the relevance test because, under the principle of primacy of EU law, a national provision that is found to be incompatible with EU law must be displaced and can not be applied by the national courts when deciding a case.

It did so to anticipate challenges to the primacy of EU law by national constitutional courts and the Court therefore took great care in stressing the autonomous nature of EU fundamental rights protection.

While the reasoning contains some points on EU law (the SCC mentions the cases of Melki and Abdeli [Joined Cases C ‑ 188 / 10 and C ‑ 189 / 10], A v B and Others [C - 112 / 13] and Kernkraftwerke Lippe - Ems GmbH v Hauptzollamt Osnabrück [C - 5 / 14] to explain that national constitutional proceedings can not hinder EU preliminary references), the conclusion is reached mostly on the basis of Spanish constitutional law.

As explained at length in two previous entries in this blog, in 2011 the SCC was confronted with the Melloni case, concerning a direct collision between national constitutional case law and EU legislation on the European Arrest Warrant.

The CJEU's Melloni and Fransson decisions had the obvious effect of carving away the power of national constitutional courts to determine the meaning of their state constitutions in cases where the law has been fully harmonised by EU law.

Second, I will explore whether the ECJ can still withdraw from its stance taken in Taricco I without opening the Pandora's box of exceptions to the EU law primacy: either due to national constitutional identity (Article 4 (2) TEU) or higher national standards of fundamental rights» protection (Article 53 of the Charter of Fundamental Rights).

In this contribution, we focus on these dimensions together: we believe that this decision is equally important for the relationship between the Court of Justice of the EU (CJEU) and the national Constitutional Courts as it is for the hazardous path of a harmonization of the general part of criminal law at EU level.

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In one major recent constitutional law case FMC partner Brian Foster and litigation counsel David Tavender acted for the Alberta government regarding the planned national securities regulator, he says.

The National League of Democracy (NLD), led by Daw Aung San Suu Kyi, wishes to transfer the power of the Constitutional Tribunal to the Supreme Court, more in line with common law norms.

However, he admits that a provision of secondary law may be challenged where it infringes national constitutional identity.

Essentially, the national court asks whether Simmenthal II applies to the ECHR now that article 6 (3) TEU states that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law».

Thus, it is not because the national courts — even Constitutional Courts — interpret national provisions in a manner deemed to satisfy the requirements of a directive, that a Member State is exempted from its obligation under EU law to transpose a directive.

Committee members asked tough questions about whether legislative changes are needed, deference to decisions made by other law societies, national mobility issues and constitutional issues about freedom of religion and equality.

Delvigne is an important judgment from the point of view of constitutional law, the political nature of Union citizenship and the role played by the Court of Justice in reviewing increasingly large areas of national law.

In this respect, he immediately excludes the relevance of national law and practices (Art. 52 (6) CFREU) and of the constitutional traditions common to the Member States (Art. 52 (4) CFREU) for the purpose of the interpretation of Article 50 CFREU with regard to the combination of administrative and criminal sanctions.

EU law affects nearly every aspect of national life, from grand concepts like constitutional law and foreign relations to the shapes of valves and how multi-national families can stay together.

In essence, this dispute can be reconstructed as a disagreement about which constitutional right should drive the interpretation of the Directive and, by implication, the national law implementing it, as well as reviving the question of what should happen in case German constitutional law and EU law came to a real clash.

139] This is interesting, because as far as I am aware the CJEU has not yet held that Member States are able to derogate from provisions of secondary EU law on the basis of their national constitutional identity.

In this sense, unlike Mangold, Egenberger offers a methodology for assessing the application of fundamental rights in disputes between private parties that is capable of reconciling the effectiveness of EU law with national constitutional structures.

Journals — Constitutional Forum — Review of Constitutional Studies — National Journal of Constitutional Law.

Moreover, the constitutional perspective adopted by the book encompasses the relationship between national constitutions and the EU as well as the relationship between the European Convention on Human Rights and the EU in the fields of policing, criminal law and data protection.

This, of course, bears a marked similarity to the famous «Solange» doctrine of the German Constitutional Court, which details the national highest court's acceptance of EU law conditional upon its compatibility with the substantive provisions of the German Basic Llaw conditional upon its compatibility with the substantive provisions of the German Basic LawLaw.

This is because determining the substantive answer to this gap in the EU law found in Article 50 TEU is irrelevant for the national court to determine the answer to the UK constitutional law question of whether the requirements for withdrawing from the European Union have been fulfilled.