Sentences with phrase «notice under article»

During the pendency of the injunction case, the Attorney - General's Office, as Ministère Public, served a notice under Article 1026 - 9 of the CCP stating that the sum which the Council has been ordered by the arbitrator to pay exceeds by far the yearly grant allocated to it from the Consolidated Fund and that the enforcement of the interim award is likely to result in the assets of the Council being seized hence leading to the disruption of essential services provided by the latter which is not in the public interest.

In R (on the application of Gina Miller and Ors) v The Secretary of State for the European Union, the High Court, in a masterly exposition of the principles of constitutional law and statutory interpretation, held that the Secretary of State did not have the power under the Crown's prerogative to give notice under Article 50 and thereby begin the process under which the United Kingdom will leave the European Union.

The determination will clear the way for the right method to be adopted in serving notice under Article 50.

In the present proceedings in (R) Miller, I would argue that the UK Supreme Court is not under an obligation to refer the question of the revocability of a notice under Article 50 TEU to the Court of Justice of the European Union.

In formalistic terms, it could be argued that the appellants (the government) and the respondents (the initial claimants) proceeding on the assumption that notice under Article 50 TEU is irrevocable means precisely that the question is not relevant for the adjudication of the specific question in the case.

This could be argued to endorse the view expressed by the author on this blog in November that the «constitutional requirements» clause in Article 50 (1) functions as the bridge between the domestic legal order and the Union legal order, and thus the giving and potential revocation of notice under Article 50 (2) is purely a matter of domestic law.

Therefore, the residual «prerogative power» (powers that were once vested in the King or Queen and because they have not been given a statutory footing now vest in the ministers of the Government) to make and withdraw from international treaties can not be used to give notice under Article 50 TEU to withdraw from the European Union.

Furthermore, as predicted in the previous post on revocation, at paragraph 36 the UK Supreme Court proceeds on the assumption of the irreversibility of notice under Article 50 TEU once it is given, and did not refer the question to the Court of Justice through the preliminary reference procedure of Article 267 TFEU.

However, as evidenced by Jolyon Maugham QC's proceedings before the Irish High Court in the so - called «Dublin case», the explicitly stated objective of which is a preliminary reference on the issue to the Court of Justice, the explicit question of whether notice under Article 50 TEU is revocable may be set to become the next judicial battlefield of the Brexit war.

R (MILLER) V SECRETARY OF STATE FOR EXITING THE EUROPEAN UNION In this briefing, Tom Leary considers the Divisional Court's recent Brexit judgment on the government's power to give notice under Article 50 of the TEU for the United Kingdom to cease membership of the EU The prerogative powers The prerogative powers are the residual...

This process was started on 29th March 2017 by the UK government giving notice under Article 50 of the EU treaty.

The Court held, by an 8 - 3 majority, that the UK Government did not have the power to give notice under Article 50 TEU to withdraw from the European Union without a prior Act of Parliament.

The first and most important thing to reiterate is that the CJEU could not act as the final constitutional arbiter of the question in the case of whether the UK government may use the royal prerogative to give notice under Article 50 TEU.

Also, there is nothing in US law that authorizes the president to give notice under Article 2205.

Trump could end NAFTA by submitting a notice under Article 2205 of the NAFTA agreement.

«If they do not agree to a renegotiation, then I will submit notice under Article 2205 of the NAFTA agreement that America intends to withdraw from the deal.»

Not exact matches

European Council President Donald Tusk holds a news conference after receiving British Prime Minister Theresa May's Brexit letter in notice of the UK's intention to leave the bloc under Article 50 of the EU's Lisbon Treaty to EU Council President Donald Tusk in Brussels, Belgium March 29, 2017.

That brief bombshell would presumably be followed by a formal notice under NAFTA Article 2205: «A party may withdraw from this agreement six months after it provides written notice of withdrawal to the other parties.

Last night I decided to browse their topics menu, and noticed the Patron - Client article under the Bible customs listing!

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I did notice the word «fermented» appears only once in this article and it does so under negative connotations.

The parts link to articles with supporting data and further explanations, many of which are under construction, so you may want to subscribe to our RSS Feed for update notices.

Any action taken by the membership at an Annual or Special Meeting, except taken at a Special Meeting under the provisions of Article VIII, and any action taken by the Board of Directors, except action taken under the provisions of Article VIII, shall be brought promptly to the voting membership of the Club for decision by mail ballot if a petition for that purpose is submitted to the Secretary within 30 days after the first day of the month next following the month in which Minutes of the meeting or notice of the Board action is published in the Club publication.

I notice the image page specifies that the image is being used under fair use but there is no explanation or rationale as to why its use in this Wikipedia article constitutes fair use.

Send written notice of withdrawal from UNFCCC under Article 25 section 3.

To make Rottmann work in this way we would have to deny the legitimacy of the national process, so that if the UK government gave notice of withdrawal under Article 50, this would be regarded as merely an action by the 52 % on the 48 %, a Rottmann situation multiplied many times, instead of as a legitimate democratic choice.

The provisions relating to a written notice shall apply mutatis mutandis to the writings under Article 37 paragraph 2 and paragraph 1 of the preceding Article.

In the present case, however, the Government accepts, and indeed positively contends, that if notice is given under Article 50 it will inevitably have the effect of changing domestic law.

Subject to paragraph 2, a Contracting State may at any time designate an entity or entities in its territory as the entry point or entry points through which there shall or may be transmitted to the International Registry information required for registration other than registration of a notice of a national interest or a right or interest under Article 40 in either case arising under the laws of another State.

If the referendum votes «out», under Article 50 of the Lisbon Treaty the UK has to give two years» notice to leave.

The UK negotiators, who will have to be trained first, are under massive pressure due to an ever - tighter timetable, set in motion by the article 50 notice.

The plaintiff submits that if he were obliged to provide notice to all the respondents to this application, then the principal defendants, Mr. Mitchell and Deep Capture LLC, would simply transfer their domain name and website files elsewhere, and carry on what would possibly be an even more aggressive campaign of defamation, or create a parallel website under a different name so as to make the tracking down and removal of the defamatory articles almost impossible.

The relevance of finding that the Union's withdrawal clause was not incorporated into domestic law to the question at issue is that the presence of Article 50 in the Treaty of European Union provides no domestic authority for the UK executive to give notice to withdraw under the provisions of the European Communities Act 1972.

The references that I will discuss in this section are: the potential recognition of the constitutional and autonomous nature of the EU legal order; brief discussion of what legitimates the EU legislative process; the categorisation of rights deriving from EU law; whether Article 50 TEU has been incorporated into domestic law, and finally whether notice to withdraw from the Union once given under Article 50 (1) is revocable.

To summarise: (1) The UKSC in the (R) Miller appeal will not be obliged under Article 267 TFEU to refer the question to the CJEU of whether revocation of an Article 50 TEU notice is possible because under requirement (i) of the CILFIT test this question is not relevant to determine the case;

However, I would challenge Sanchez - Graells» statement that «it is inconceivable... to argue that the... (ir) revocability of a notice under (Article 50) is irrelevant for the adjudication of this case».

As a passive ISS provider is exempted from liability under the conditions listed in Article 12 (1) and 2 (b) E-Commerce Directive, it can not be expected to bear the costs for the formal notice and court proceedings in relation to such claim (paras 63 - 64).

Such a notice - and - take - down system, thus far, only exists for passive hosting providers under Article 14 E-Commerce Directive (see Recital 42), which establishes secondary liability for intermediary service providers if they fail to remove infringing content once they have been notified.

FPR 2010, 2.3 (1)(on the interpretation of the FPR 2010) will be amended to insert: ««the 2007 Hague Convention» means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007» and after the definition of «application notice»: ««Article 11 form» means a form published by the Permanent Bureau of the Hague Conference under Article 11 (4) of the 2007 Hague Convention for use in relation to an application under Article 10 of that Convention, and includes a Financial Circumstances Form as defined in rule 9.3 (1) which accompanies such an application.»

[111] for the reasons we have set out, we hold the Secretary of State does not have power under the Crown's prerogative to give notice pursuant to Article 50 of the TEU for the United Kingdom to withdraw from the European Union.

The Santos claim is the only issued application for judicial review on the issue of whether the Prime Minister has the power to serve notice of withdrawal from the EU under Article 50 based on Royal Prerogative or will need a vote in Parliament approving withdrawal.

A recently published law review article concludes that «[i] n this battle between the no - citation rule and judicial notice [under Evidence Code 452 (d)(1)-RSB-, the statute overrides the rule.

Article 10, under the rubric «Event of Rejecting to execute the Application for Service of Notice or Notification [Refusal to implement the request for publication or notification]» provided, in the translation provided by the Claimants, which is no different in meaning apart from referring to a request for publication or notification, as opposed to an application for service of notice or notification (as per the different rubrics), but is more grammatical than that provided by thNotice or Notification [Refusal to implement the request for publication or notification]» provided, in the translation provided by the Claimants, which is no different in meaning apart from referring to a request for publication or notification, as opposed to an application for service of notice or notification (as per the different rubrics), but is more grammatical than that provided by thnotice or notification (as per the different rubrics), but is more grammatical than that provided by the KRG:

The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

As a result, when Asphalte Desjardins terminated the employee during the notice period, it unilaterally terminated the employment contract without giving sufficient notice of termination, thereby defaulting on its obligation under article 2091 and triggering ss.

Providing the landlord has served two notices, referred to in this article as a six month notice and a two month notice, within the required time frames the landlord will have a mandatory right to possession under s 21.

By Administrative Order dated March 2, 2018, Chief Administrative Judge Lawrence K. Marks further deferred the promulgation of the example of a notice of petition to be used in a proceeding under article 7 of the Real Property Actions and Proceedings Law on the ground that the respondent has defaulted in the payment of rent.

As everyone will by now know, the exit clock formally starts ticking once the UK gives notice of its intention to leave the EU under Article 50 of the Lisbon Treaty.