Sentences with phrase «national courts without»

Therefore, potentially, individuals could bring an action under the Directive itself in national courts without citing national legislation.

The integration of national magistrates into an EU body is not novel either (compare for instance with Eurojust), but the degree of integration and, most importantly, the fact that the EPPO will directly act as prosecuting authority before national courts without depending on a decision of national authorities, are unprecedented.

Not exact matches

An ambitious vision of the Supreme Court and constitutional judicial review as serving the ends of public virtue is without legal justification, except as bound tightly to the values incorporated into our national charter.

In 1974, N.C. State won the national championship without ever having to leave the red Carolina clay, and it was in the wake of that situation that the rule against teams» playing on their home courts in regionals was enacted.

«Second because the court recognised that Algeria has changed so as to allow us to deport this individual without jeopardising his human rights, thanks to the Algerian Charter on Peace and National Reconciliation and the assurances we have received from the Algerian government.»

«We strongly belief that President Buhari, must be seen to be acting contrary to court decisions on the use of Military during elections as clearly stated in the rulings of Justice Aikawa of the Federal High Court, who in his judgment, restrained the President and Commander - in - Chief of the Armed Forces of the Federal Republic of Nigeria and INEC from engaging the service of the Nigerian armed forces in the security supervision of elections in any manner whatsoever in any part of Nigeria, without the Act of the National Assecourt decisions on the use of Military during elections as clearly stated in the rulings of Justice Aikawa of the Federal High Court, who in his judgment, restrained the President and Commander - in - Chief of the Armed Forces of the Federal Republic of Nigeria and INEC from engaging the service of the Nigerian armed forces in the security supervision of elections in any manner whatsoever in any part of Nigeria, without the Act of the National AsseCourt, who in his judgment, restrained the President and Commander - in - Chief of the Armed Forces of the Federal Republic of Nigeria and INEC from engaging the service of the Nigerian armed forces in the security supervision of elections in any manner whatsoever in any part of Nigeria, without the Act of the National Assembly.

The statement added, «The PDP may soon be squandering the big reprieve it secured from the profound judgment of the Supreme Court by declaring a «no - victor, no - vanquished», and dangling an unnecessary amnesty without sanctioning Senator Ali Modu Sheriff and his fake National Working Committee acolytes, to serve as a deterrent at the national level and as an example to state cNational Working Committee acolytes, to serve as a deterrent at the national level and as an example to state cnational level and as an example to state chapters.

Suleiman added that the support of the chairmen for Sheriff was without prejudice to the ongoing appeal lodged by the Senator Ahmed Makarfi - led National Caretaker Committee of the party, at the Supreme Court.

(EFCC Press Release) The trial of a cousin to former President Goodluck Jonathan, Azibaola Robert, his wife, Stella and their company, One Plus Holdings, continued before Justice Nnamdi Dimgba of the Federal High Court sitting in Maitama, Abuja on Wednesday, June 21, 2017 with a prosecution witness, David Nkpe, telling the court how some individuals and companies were alleged to have received payment from the Office of the National Security Adviser, ONSA, without contract or approCourt sitting in Maitama, Abuja on Wednesday, June 21, 2017 with a prosecution witness, David Nkpe, telling the court how some individuals and companies were alleged to have received payment from the Office of the National Security Adviser, ONSA, without contract or approcourt how some individuals and companies were alleged to have received payment from the Office of the National Security Adviser, ONSA, without contract or approvals.

A statement signed by Kola Ologbondiyan, National Publicity Secretary of the Party said, «From the rascally attempt to overrun a court of competent jurisdiction in Port Harcourt, Rivers State to halt the wheel of justice, the burning of their own secretariat in Owerri, Imo state, the gruesome murder of their own members in Lagos and Oyo States to the malignant disputation and lust for power by its leaders across the nation, it is clear that the APC is not organic but a soulless mob without any form of conscience and integrity; an «evil wind that blows no good».

Agbakoba urged the court to determine «whether by virtue of Section 147 (2) of the 1999 Constitution, the President can hold the office of the Minister of Petroleum Resources without confirmation by the Senate of the National Assembly.»

I took the decision because taking full cognisance of the several cases in court as a lawyer and without delving into any analysis here for obvious reasons, I am convinced Sheriff will soon be vindicated by the court as National Chairman.

«Finally, to ensure that the preparation of the Appropriation Bill is based on the Medium Term Expenditure Framework, passed by the National Assembly, signed into law by the President and implemented by the Executive arm of government Section 51 of the Fiscal Responsibility Act has specifically clothed every citizen with the necessary locus standi or legal capacity to enforce the provisions of the law by obtaining prerogative orders or other remedies at the Federal High Court, without having to show any special particular interest.»

«The Deputy Prime Minister told Mr Cameron and other members of the highly secretive National Security Council that without major changes, the Liberal Democrats will not back legislation allowing more court hearings and inquests to be held behind closed doors.»

The plaintiffs, which claimed that they belong to a body known as Inter Party Advisory Council (IPAC), want the court to determine «whether INEC can deregister a party which has fulfilled and satisfied all requirements of registration simply because it fails to win a seat in the Presidential, Governorship, National or State Assembly without considering other elections like the Local Government Chairmanship and Councillors Elections.

Embattled erswhile National Security Adviser, Colonel Sambo Dasuki stepped up his effort to challenge his continued detention without trial since December 2015 by dragging the Federal Government before the Economic Community of West African States (ECOWAS) Court of Justice.

After 9/11, Bush secretly authorized the National Security Agency to eavesdrop, without the mandated warrant from a federal court, on electronic communication involving terrorist suspects.

The Army Officer, who had worked at a time, in the Office of the National Security Adviser (ONSA), and was temporarily attached to the Defence Intelligence Agency (NIA) wants the court to declare that his arrest, detention and continued detention from 23rd December last year till date by the Respondents, without reasons and granting him administrative bail within 24 hours of his arrest and detention are illegal, wrongful, unlawful and constitute a blatant violation of his fundamental rights.

The criminal court case had proceeded despite a dismissive 2005 report from the French National Institute for Health and Medical Research (INSERM) that had concluded: «It is not reasonable to expect the players involved in the production of growth hormone to have guessed there was a possible risk of CJD from a treatment used since the 1960s» without a single incidence of disease.

«Without the active involvement of the courts, the national goal of closing the achievement gap will never be achieved,» said Rebell, who favors a collaborative effort between the judicial, executive and legislative branches to solve education problems.

«If the Court of Appeals affirms the lower court's decision, it will create a precedent where a district can be found liable based solely on wrongdoing by a school official, regardless of how vigilant a school district is in monitoring employees, and without the district being given the opportunity to address the harassment in question,» stated Thomas J. Gentzel, Executive Director, National School Boards AssociaCourt of Appeals affirms the lower court's decision, it will create a precedent where a district can be found liable based solely on wrongdoing by a school official, regardless of how vigilant a school district is in monitoring employees, and without the district being given the opportunity to address the harassment in question,» stated Thomas J. Gentzel, Executive Director, National School Boards Associacourt's decision, it will create a precedent where a district can be found liable based solely on wrongdoing by a school official, regardless of how vigilant a school district is in monitoring employees, and without the district being given the opportunity to address the harassment in question,» stated Thomas J. Gentzel, Executive Director, National School Boards Association.

The behaviour of the SCC may herald a new pattern among the more cautious national high courts: applying EU law without consulting the CJEU.

Non-privileged applicants who seek to challenge a legislative act might still find themselves without effective legal redress if they lack standing before national courts (see however, paras. 105 - 124 of the Advocate General's Opinion on this matter).

Furthermore, the Court scrutinizes the exceptions contained in the Decision that allowed derogation to all Principles, without any limitation, based on legitimate interests such as national security.

Underhill LJ said that although «Carson concerned the pension rights of UK nationals living abroad», the «manifestly without reasonable foundation» test has since been applied in the Supreme Court in cases involving welfare benefits, and more particularly housing benefit».

He noted (among other things) the decision of the Grand Chamber of the European Court of Human Rights (ECtHR) in Carson v United Kingdom [2010] ECHR 338, (2010) 51 EHRR 13 where (referring to its 2006 decision in Stec and others v UK (2006) 43 EHRR 1017, [2006] All ER (D) 215 (Apr)-RRB-, the court said: «Because of their direct knowledge of their society and its needs, the national authorities are in principle better placed than the international judge to appreciate what is in the public interest on social or economic grounds, and the court will generally respect the legislature's policy choice unless it is «manifestly without reasonable foundation&raCourt of Human Rights (ECtHR) in Carson v United Kingdom [2010] ECHR 338, (2010) 51 EHRR 13 where (referring to its 2006 decision in Stec and others v UK (2006) 43 EHRR 1017, [2006] All ER (D) 215 (Apr)-RRB-, the court said: «Because of their direct knowledge of their society and its needs, the national authorities are in principle better placed than the international judge to appreciate what is in the public interest on social or economic grounds, and the court will generally respect the legislature's policy choice unless it is «manifestly without reasonable foundation&racourt said: «Because of their direct knowledge of their society and its needs, the national authorities are in principle better placed than the international judge to appreciate what is in the public interest on social or economic grounds, and the court will generally respect the legislature's policy choice unless it is «manifestly without reasonable foundation&racourt will generally respect the legislature's policy choice unless it is «manifestly without reasonable foundation».

For example, the ACLU of Massachusetts, the national ACLU, and the Electronic Frontier Foundation recently filed a lawsuit in federal court in Massachusetts on behalf of 11 travelers whose personal electronics were searched at the border without a warrant, seeking a ruling that such searches can not be made except pursuant to a warrant based upon probable cause.

In the past, the Italian Constitutional Court made clear that supra - national law should not prevail without any limitation, and that the application of international obligations could not have the effect to breach the fundamental principles of the constitutional order or the fundamental rights of the individuals (this is called the «counter-limit doctrine», developed for example in the «Granital case», Sentenza n. 170, 5 June 1984).

The clear problem with the requirement of imprisonment, as is found by the Court (paras 59 and 60), is that the narrative of past and future persecution in many countries such as Zimbabwe and Uzbekistan, [13] is that in these and many other countries the law enforcement authorities use the criminal law to extort, blackmail, detain and torture, without recourse of due process of law which would require a trial, conviction and sentencing, in accordance with the national law of the country of origin.

Similarly, the Court has held that a Member State fails to fulfil its obligations under Articles 28 EC and 30 EC when, without valid justification, it encourages economic operators wishing to market in its territory construction products lawfully manufactured and / or marketed in another Member State to obtain national marks of conformity (see, to that effect, Commission v Belgium, paragraph 69) or when it refuses to recognise the equivalence of approval certificates issued by another Member State (see, to that effect, Case C ‑ 432 / 03 Commission v Portugal [2005] ECR I ‑ 9665, paragraphs 41, 49 and 52).

[2] In the case at bar, which is a proposed class action, without obtaining court permission, Via Rail Canada Inc. («Via Rail») and Canadian National Railway Company («CNR»), the defendants in the proposed class action, communicated with several putative class members, who had been passengers on a train that derailed on route to Toronto.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

According to the General Court, existence of disparities between national regulations on seal products discourages consumers from buying other products that do not involve seal hunting, but which might not be easily distinguishable from seal products (such as Omega 3 capsules) or products that contain seal products without being clearly recognisable as such (para. 39 and 47).

For example in Ishaq v Canada (Citizenship and Immigration), 2015 FC 156, (a case about whether a woman could wear her niqab during a citizenship ceremony), six public interest groups — including the Ontario Human Rights Commission, the Canadian Civil Liberties Association and the National Council of Canadian Muslims — were refused permission to intervene, as the court determined that they could not advance their proposed arguments without social science evidence to back them up; nor could the court take judicial notice (facts and materials are accepted on a common sense basis without being formally admitted in evidence) of any of the facts necessary to support the arguments.

North Carolina has also automated three sets of interactive forms using the National HotDocs Server designed to enable a self - represented litigant to a pro se litigant appeal an eviction or file for custody in court without a lawyer.

It is useful because it is honest; because it leaves not even the most obscure and friendless citizen without means of obtaining justice from a neighbouring State; because it obviates occasions of quarrels between States on account of the claims of their respective citizens; because it recognizes and strongly rests on this great moral truth that justice is the same whether due from one man or a million, or from a million to one man; because it teaches and greatly appreciates the value of our free republican national government, which places all our citizens on an equal footing, and enables each and every of them to obtain justice without any danger of being overborne by the weight and number of their opponents; and because it brings into action and enforces this great and glorious principle — that the people are the sovereign of this country, and consequently that fellow citizens and joint sovereigns can not be degraded by appearing with each other in their own courts to have their controversies determined.

The National Self - Represented Litigants Project (NSRLP) is committed to advancing understanding of the challenges and hard choices facing the very large numbers of Canadians who come to court without counsel.

For years privacy advocates in Canada have been warning of legal provisions that allow police and national security agencies to seek personal information from private sector companies, and that allow these companies to hand over this information without a court order and with no accountability.

The National Association of Insurance Commissioners» Health Information Privacy Model Act states, «A carrier shall not collect, use or disclose protected health information without a valid authorization from the subject of the protected health information, except as permitted by * * * this Act or as permitted or required by law or court order.

The CA decided that no such risk existed as terms of the court order pursuant to which the deputy was acting could be amended so that there was a limit on the authority of the claimant's deputy, whereby no application for public funding of the claimant's care needs under s 21 of the National Assistance Act 1948 could be made without further order, direction or authority from the Court of Proteccourt order pursuant to which the deputy was acting could be amended so that there was a limit on the authority of the claimant's deputy, whereby no application for public funding of the claimant's care needs under s 21 of the National Assistance Act 1948 could be made without further order, direction or authority from the Court of ProtecCourt of Protection.

[vii] Alternative legal services (ALSs) are, for example: clinics offering advice, self - help webpages, phone - in services, paralegal and law student programs, family mediation services, social justice tribunals, and court procedures simplification projects, public legal education information services, programs for targeted (unbundled) limited retainer legal services (as distinguished from a full retainer to provide the whole legal service), pro bono (free) legal services for short and simple cases, and the National Self - Represented Litigants Project, the purpose of which is to help self - represented litigants to be better litigants without lawyers.

[6] Alternative legal services (ALSs) are, for example: clinics of various types; self - help webpages; phone - in services; paralegal and law student programs; family mediation services; social justice tribunals; and court procedures simplification projects; arbitration and mediation for dispute resolution; public legal education information services; programs for targeted (unbundled) limited retainer legal services (as distinguished from a full retainer to provide the whole legal service); pro bono (free) legal services for short and simple cases; and, the National Self - Represented Litigants Project, the purpose of which is to help self - represented litigants to be better litigants without lawyers.

In the interim proceedings, the Honeywell companies raised the defence of invalidity of the national parts of the patent concerned without, however, having brought or even declared their intention of bringing proceedings for the annulment of the national parts of that patent, and without contesting the competence of the Dutch court to hear both the main proceedings and the interim proceedings.

Irresponsible screening companies that allow clients to use national database records searches as the authoritative record put their clients in great danger since the quality of databases vary from source to source and simply can not be relied upon without further verifying database information with a local court - level search.

As we've pointed out numerous times in our blog, a «national criminal database search» (in quotes because it's actually a misnomer)-- one of the practices targeted by the FTC in its case against the penalized background screening company — should never be reported without proper quality assurance and without local - level court records verification.

'' (a) The court shall determine who shall have the care and custody of a minor child or children without conclusive regard to the race, color, * 832 national origin, political affiliation, financial status, sex, or sexual orientation of a party according to procedures set forth in this section.