Sentences with phrase «national legislation falls»

The Court has also had occasion to explain that, construed in the light of that case - law and of the explanations relating to Article 51 of the Charter, the fundamental rights guaranteed by the Charter must be respected where national legislation falls within the scope of EU law.

On the other hand, if national legislation falls within the scope of EU law, the Court, when requested to give a preliminary ruling, must provide all the guidance as to interpretation needed in order for the national court to determine whether that legislation is compatible with the fundamental rights the observance of which the Court ensures (see, inter alia, Case C ‑ 617 / 10 Åkerberg Fransson [2013] ECR I ‑ 0000, paragraph 19 and the case - law cited).

21 Since the fundamental rights guaranteed by the Charter must therefore be complied with where national legislation falls within the scope of European Union law, situations can not exist which are covered in that way by European Union law without those fundamental rights being applicable.

Not exact matches

Much of the home secretary's work fell below the national political radar, while her key setbacks included defeat on the 42 days legislation

However, with a stronger market signal now unlikely for many years because of the delay in comprehensive national climate and energy legislation, the United States might well fall behind China in this new era of global competition over green technologies and services.

Good legislation (with «good» defined in general terms as legislation that solves one or more national problem instead of creating more) seems to fall into two general categories — «lose - lose» compromises like this bill and «win - win» bills that are often stuffed full of Congressional earmarks.

Even if the environment doesn't fall on your top 10 list of priorities, discussions about climate legislation at national and international levels will affect your lifestyle in the long run.

The Court emphasises that provisions on data access must fall within the scope of the Directive as data is only retained for the purpose of access to it by competent national authorities and thus national data retention legislation «necessarily entails, in principle, the existence of provisions relating to access by the competent national authorities to the data retained» [79].

The Court examined, as a preliminary point, whether national legislation on retention and access to data fell within the scope of the E-Privacy Directive.

On the other hand, if such legislation falls within the scope of European Union law, the Court, when requested to give a preliminary ruling, must provide all the guidance as to interpretation needed in order for the national court to determine whether that legislation is compatible with the fundamental rights the observance of which the Court ensures» (para. 19).

On the other hand, the national legislation which provided for tax penalties and criminal proceedings was not a transposition of the directive and therefore the situation might fall within the «scope» of EU law but Member States were not «implementing» EU law.

It is consonant with those limits that the Court has already stated that it has no jurisdiction to appraise, in the light of the Charter, national legislation which falls outside the framework of EU law.

On the impact of the Bill on devolution and the National Assembly for Wales, Andrew Langdon QC said: «The Bill will give UK ministers the power to amend adopted legislation that falls within the devolved competence of the National Assembly, without being answerable to the Assembly or requiring that the Assembly pass a legislative consent motion.

The fall conference of the National Investment Center for Seniors Housing & Care Properties (NIC) got underway this week in Chicago, with major topics of discussion ranging from healthcare legislation to tax reform to the increasing use of robotics in seniors care overseas.