In relation to EU law, the Court distinguished between the application of proportionality according to whether the measure being reviewed was an EU measure,
a national measure implementing EU law, or a national measure relying upon derogations from EU law rights (such as the «fundamental freedoms» under the TFEU).
Not exact matches
«Lattice remains of the view that the proposed transaction does not raise any
national security concerns that can not be addressed by the comprehensive mitigation
measures that Lattice and Canyon Bridge have proposed to
implement,» Lattice said in its filing with the U.S. Securities and Exchange Commission.
In addition to asking a court to mandate that Uber
implement fingerprint background checks — a
measure the company has vehemently opposed — the plaintiffs are asking a judge to order Uber to perform
national criminal background checks on its drivers every six months, and to bar registered sex offenders or people with rape or assault convictions from driving for Uber no matter how long ago it was, along with other
measures.
Even if
measures supported by the best available evidence (such as traffic light labelling on the front - of - food packaging and removing advertising junk food to children between 6 am and 9 pm as recommended in the Government's response to the
National Preventative Health Taskforce) are
implemented, regulation is no panacea.
(a)
Implement and / or further elaborate policies and
measures in accordance with its
national circumstances, such as:
Hopefully the APPG will help the government
implement the aspects of the Global Strategy where there are found to be gaps and encourage it to reinstate the
National Infant Feeding Survey so the impact of policies can be
measured and available publicly.
Member States are urged to
implement the Code into
national legislation, regulations and other suitable
measures.
Request the Director General to provide legal and technical assistance to Member States in drafting or
implementing the Code into
national measures.
Both the UK and Irish Governments have failed to meet their obligation to
implement the marketing requirements in
national measures.
It is for governments to
implement national measures.
Today over 70 countries have legislation
implementing the marketing rules that companies should follow «independently of
national measures».
It showed that 20 countries have enacted laws, decrees or other legal enforceable
measures, 27 have enacted many of the Code's provisions as law, 21 countries have
implemented the entire Code as a voluntary
measure or as a
national policy and another 22 are currently drafting regulations based on the International Code and Resolutions.
Implementing the International Code of Marketing of Breastmilk Substitutes in
national measures is recognised as a requirement to fulfil Article 24 of the Convention on the Rights of the Child, giving the Code status in international law.
Code violations by baby food manufacturers are still widespread, especially (but not exclusively) in countries that have not
implemented the Code as a
national measure or where monitoring and enforcement is weak.
(1) to urge Member States to take effective
measures to
implement the recommendations included in resolution WHA39.28; (2) to continue to review regional and global trends in breastfeeding patterns, including the relationship between breastfeeding and child - spacing; (3) to support Member States, on request, in adopting
measures to improve infant and young child nutrition, inter alia by collecting and disseminating information on relevant
national action of interest to all Member States; and to mobilize technical and financial resources to this end.
«In all countries of the world, Nestle adheres to
national government
measures implementing the WHO Code of Marketing of Breast milk Substitutes.
Buhari who played host to Special Envoy of President Obiang Nguema Mbasogo of Equatorial Guinea, Thursday in Abuja said that since terrorism no longer respects
national borders, the international community must urgently evolve and
implement more effective collaborative
measures to enhance global security.
The Lands and Natural Resources Minister, John Peter Amewu, has asked members of the Ghana
National Association of Small Scale Miners to exercise restraint as the government works to fully
implement measures to ensure responsible mining in the country.
However, using data from the
National Assessment of Educational Progress (NAEP) and from New York's state exams, Dr. Aaron Pallas of Teachers College demonstrated that between 2003, just before Mayor Bloomberg's reforms had been
implemented, and 2011, the achievement gap demonstrated by the NAEP actually rose and the gap
measured by state exams closed by a mere 1 %.
In August 2007, the journal Science published the results of a study * which concluded that the trans -
national conservation
measures required to be
implemented by European Member States under the EU Birds Directive have made a significant contribution to reverse the population decline and provide protection for many of Europe's most threatened bird species.
The event will start with an opening speech, presenting the relevant element that will initiate an informed discussion regarding the components that should be included in a
national strategy to
implement concrete
measures aimed at neutralizing land degradation in Mexico.
To achieve these targets, the plan calls for controlling emissions from energy - intensive industries like power and steel, building a unified
national carbon emissions trading market,
implementing emissions reporting and verification for key industries, and establishing a green finance system, among other
measures.
He helped 17 school districts
implement the state's new assessment system — one of the first in the nation to
measure students against a standard rather than a
national norm.
In addition, Rob Tarn, the regional chief executive and
national leader of education at Outwood Grange Academies Trust, will be sharing advice on «
implementing effective
measures to transform schools and improve learning outcomes».
DB: However one interprets the evaluations of demonstration projects like the Perry Preschool and Abecedarian, the unavoidable conclusion is that the
measured impacts of three
national programs that seek to
implement their approach — Head Start, Early Head Start, and Even Start — have been tragically «disappointing,» the word used by most objective observers.
In the midst of her first swing through California, the president - elect of the
National Education Association praised the Common Core State Standards and California's
measured approach in
implementing them but warned about the use of standardized tests.
The state of California has
implemented a number
measures to close one of the largest and most persistent achievement gaps in the nation, Recently released scores for the
National Assessment of Educational Progress, a nationwide test for fourth - and eighth - graders in math and reading given every two years, show that California's students are still performing below the... Continue reading California: Moving the Needle on the Achievement Gap
Summary: Despite a recent shift toward
national control over education policy, New Hampshire has
implemented a variety of
measures designed to embrace localization and flexibility.
To help DOT promote a safe, economically efficient, and environmentally sustainable freight transportation system, the NFAC provides advice and recommendations to the Secretary on matters related to freight transportation in the United States including (1) implementation of the freight transportation requirements of the Moving Ahead for Progress in the 21st Century Act (MAP - 21); (2) establishment of the
National Freight Network; (3) development of a
National Freight Strategic Plan; (4) development of strategies to help States
implement State Freight Advisory Committees and State Freight Plans; (5) development of
measures of conditions and performance in freight transportation; (6) development of freight transportation investment, data, and planning tools; and (7) legislative recommendations.
describes potential improvements to the methods and metrics used to
measure the effectiveness of the program participant in achieving
national surface transportation goals in section 303 of title 49, United States Code, and the challenges to
implementing such improvements; and
On April 18, 2007, the US Department of Education temporarily suspended lender access to the
National Student Loan Data System (NSLDS) for a security audit and to
implement improved security
measures.
A-Lign, an ISO / IEC 27001 certification body accredited by the ANSI - ASQ
National Accreditation Board (ANAB), found Gradifi to have
implemented security
measures and countermeasures that protect it from unauthorized access or compromise, with zero nonconformities.
«The growing popularity of the archaeological site has resulted in Peru's official tourism body
implementing a number of
measures such as the early release of Inca Trail permits in order to improve visitor experience of this
national treasure.
Provide technical advice and support to state and local health departments, the private sector, and others in
implementing national and global preparedness
measures related to the health effects of climate change.
It included four areas of assessment: 1) relevance of the strategy to the GEF mandate and focal areas, as well as to countries»
national sustainable development and adaptation agenda; 2) effectiveness of the proposed adaptation
measures; 3) efficiency of project development and management in
implementing the strategy; 4) results of the strategy and projects thus far as well as their sustainability.
Although there have been steps taken by individual states (i.e. RGGI and California) to regulate GHG emissions, we have had little success in
implementing measures to reduce emissions on a
national level, other than piecemeal steps like higher vehicle fuel efficiency standards which are often
implemented for other non-climate reasons.
(b) «Formulate,
implement, publish and regularly update
national and, where appropriate, regional programmes containing
measures to mitigate climate change by addressing anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, and
measures to facilitate adequate adaptation to climate change;» (c) «Promote and cooperate in the development, application and diffusion, including transfer, of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases...»
Building upon proposed federally mandated protections, the Conservation Law Foundation (CLF), the
National Wildlife Federation (NWF) and the Natural Resources Defense Council (NRDC), working together with Deepwater Wind, Energy Management, Inc. (owner of Cape Wind in Massachusetts) and NRG Bluewater Wind, have drafted a set of protective
measures that these developers will voluntarily
implement over the next four years in areas designated by the administration as Mid-Atlantic Wind Energy Areas, which stretch from New Jersey to Virginia (map available here: http://on.doi.gov/UWoNPF).
The purpose of our Top 25 list is to highlight those that are most at risk, to attract the attention of the public, to stimulate
national governments to do more, and especially to find the resources to
implement desperately needed conservation
measures.
Drawing on global best practice policies, we undertake to remove barriers, establish incentives, enhance capacity - building, and
implement appropriate
measures to aggressively accelerate deployment and transfer of key existing and new low - carbon technologies, in accordance with
national circumstances.
Austria's emission obligations under the Kyoto Protocol remain challenging and the country should
implement, as a matter of urgency, the
measures included in the Klimastrategie, the government's
national climate strategy.
Scattered, uncoordinated action
implementing measures that achieve the near - term climate, health and ecosystem benefits and no or limited planning that would embed SLCP policies within
national strategies, plans and programmes;
In its judgment of 26 February 2013, the CJEU responded to the first two questions in the affirmative, and clarified that Article 53 of the Charter only allows
national authorities to apply higher standards of protection of fundamental rights where an EU legal act calls for
national implementing measures, but not where, as in this case, the EU legal act harmonises the law between the Member States.
In a first case, C - 431 / 11 UK v Council, the CJEU dealt with the choice of legal basis for a
measure implementing an European Economic Area (EEA) Agreement as regards social security systems and ruled that it was precisely one of the
measures by which the law governing the EU internal market is to be extended as far as possible to the EEA, with the result that
nationals of the EEA States concerned benefit from the free movement of persons under the same social conditions as EU citizens.
However, certain
implementing acts that «substantially and directly» concretised a principle like Article 27 could nonetheless serve as a benchmark for legality for
implementing acts in a wider sense such as the
national measure at issue.
29 That said, where a court of a Member State is called upon to review whether fundamental rights are complied with by a
national provision or
measure which, in a situation where action of the Member States is not entirely determined by European Union law,
implements the latter for the purposes of Article 51 (1) of the Charter,
national authorities and courts remain free to apply
national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of European Union law are not thereby compromised (see, in relation to the latter aspect, Case C - 399 / 11 Melloni [2013] ECR I - 0000, paragraph 60).
By contrast, the ECJ determined that the «allegedly mechanical nature of the
measures taken at
national level» did not call into question the conclusion that there were
implementing measures (para. 41).
The recent judgment of the ECJ in T & L Sugars, a case dealing with import licenses for sugar, for example, shows that the ECJ quickly concludes that there are
implementing measures at the
national level, which should be challenged before
national courts (C - 456 / 13 P, T & L Sugars, EU: C: 2015:284).
Criminal offences created by the UK
implementing measures may be committed by UK
nationals or companies even where the relevant conduct occurs wholly outside the UK.
Whilst the 4AMLD lays down certain mandatory requirements, member states were given some discretion to
implement certain
measures dependent on their own
national assessment of risk.