Sentences with phrase «obligation for the member states»

The repeal of Article 293 after the Lisbon Treaty has no impact on the compatibility of bilateral conventions with EU law: it simply removes the obligation for Member States to enter into negotiation to conclude such conventions.

In addition, to underline the necessity to impose effective criminal penalties, the Court recalls the obligation for the Member States, under Article 2 (1) of the 1995 PIF Convention, to protect the financial interests of the EU by effective, proportionate and dissuasive criminal penalties and clearly includes VAT fraud in its definition of PIF fraud.

Not exact matches

«The promptness of the German authorities» intervention following our complaint - points out the President of the Consortium, Nicola Bertinelli - is related to the fact that, after years of legal action, we obtained European Union legislation that leaves no room for doubt regarding protection, and which also includes the obligation of «ex officio» PDO protection in all EU member states, which have direct responsibility in terms of vigilance.»

IBFAN is opposed to all claims on foods for infants and young children and is urging Member States to fulfil their obligations to protect child health (and prevent childhood obesity) before authorising any new claims.

The Chartered Institute of Taxation (CIOT) has given its backing to plans for a European Taxpayer Code to set out common tax principles and taxpayer rights and obligations, which EU member states would be encouraged to adopt.

International legal obligations and EU member states» proclaimed high aspirations for human rights aside, there are also good reasons to see international migration as an economically positive phenomenon.

(v) to encourage Member States to involve national parliaments in line with their respective constitutional obligations, to provide all the necessary support for Member States to fulfil this task and to strengthen outreach to national parliaments, in order to keep national parliaments adequately informed on the ongoing negotiations;

to encourage Member States to involve national parliaments in line with their respective constitutional obligations, to provide all the necessary support for Member States to fulfil this task and to strengthen outreach to national parliaments, in order to keep national parliaments adequately informed on the ongoing negotiations;

The law provides a mechanism for local school board members to be directly involved in the development of State plans and the Department has an obligation to ensure that the minimum legal requirements of the law are met.

European Union Emissions Trading Scheme — a market - based «cap and trade» system for GHGs adopted by European Union member states in January 2005 in advance of their obligations under the Kyoto Protocol

Any delay in obtaining the refugee status would not discharge the Member States from the obligation to give a right to entry and residence to the parents of a young refugee who has applied for international protection before reaching the age of eighteen.

Its main point, if we still think of it that way, would be the possibility of negotiating temporary provisions extending the scope of certain EU provisions (for example the four freedoms or some of them, or budget rights and obligations) to the «future former» Member State for a certain amount of time.

At least in theory, Article 3 (1) of the Directive was also capable of having direct effect: the provision provided for a certain margin of discretion for Member States as to the measures taken to implement the obligations of the Directive; however, Member States still were compelled to take into account all employees in their calculations (para 33 - 34).

No general obligation exists for Member States to halt national ratification of mixed agreements when their compatibility with EU is questioned before the CJEU.

This was a very clear political choice influenced by past experiences of the EU political bodies and the Member States in having their domestic measures challenged for non-conformity with international obligations.

Private parties that saw themselves burdened with unforeseen obligations as a consequence should start an action for damages against the Member State having incorrectly implemented the directive in question according to the Advocate General.

This includes taking all legislative and administrative measures appropriate for ensuring collection of VAT in conformity with the obligations imposed on Member States by the EU VAT Directive (Directive 2006 / 112 / EC) and its predecessors (amongst which the Sixth Directive, 1977 / 388 / EEC).

Does the Court — limiting our examination here to the present case — have a legitimate reason to differentiate between the obligations resulting from the Convention for the Member States and those for the EU?

It draws consequences from Åkerberg Fransson C - 617 / 10 (already commented on this blog here and here), but this time goes in another direction as it extends the obligation of Member States in the field of criminal law for a more effective penalisation at the expense of national criminal procedure.

In its Taricco I judgment (analysed previously by M. Lassalle on this blog), the ECJ decided that national courts must disapply the rules of statutes of limitations periods for the duration of criminal proceedings pending before a court, if such rules were liable to have an adverse effect on fulfilling by the Member States their obligations under Article 325 TFEU.

According to the Court, this principle imposes a legal obligation upon EU Member States to act for the benefit of other Member States even when such actions are not in their own interest (para. 291 of the Judgment).

At the same time, according to him, «it can not be automatically assumed that Treaty provisions which impose on Member States a precise and unconditional obligation as to the result to be achieved, as is the case for Article 325 (1) and (2) TFEU, automatically fulfil, in each and every situation, the requirement of foreseeability required by the principles of legality and legal certainty» (para. 176).

There are quality, fee - based continuing legal education programs that lawyers can attend or view, but in this era of tightening purses, it's prudent to check out affordable alternatives to satisfy some of your CLE obligations Provisions for free continuing legal education for bar members are baked into the rules of some states like Florida,

«RECALLING the obligations of the Contracting Member States under the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), including the obligation of sincere cooperation as set out in Article 4 (3) TEU and the obligation to ensure through the Unified Patent Court the full application of, and respect for, Union law in their respective territories and the judicial protection of an individual's rights under that law;

Turning to the substance of the case, the General Court held that the obligation to state reasons for an act adversely affecting a person constitutes an essential principle of EU law and may only be derogated from for compelling reasons touching upon the security of the Union or its Members.

The directive also provides for an express derogation for the Member States from their obligations under article 11 (the equal treatment principle).

All Member States should be mandated to publish a public call, then to put forward a list of at least three candidates for each judicial position, selected on the basis of a number of additional obligations regarding gender balance, management skills and professional background of the applicants.

The reduction of their territory would not have any effects on their obligations under EU law, since the definition of territory is a matter for Member States and not for EU law (Case 148/77 Hansen v Hauptzollamt Flensburg, consider also the case of German reunification).

In my opinion the ECJ's decision in Taricco I that national courts must disapply the rules of statutes of limitations if they prevent Member States from fulfilling their obligations under Article 325 TFEU (in the present case, the relevant Italian legislation) leads to perceiving serious fraud as a crime against the rights and interests of citizens, i.e., against fundamental social human rights guaranteed under Articles 2 and 3 of the Italian Constitution, and hence calls for resolving the conflict within the Italian Constitution by balancing the rights under these articles and the accused's individual rights guaranteed by the legality principle (Art. 25 (2) Const.).

The draft agreement provides according to the Court for an obligation of Member States to check the observance of all other party states even if they are EU Member States (paraStates to check the observance of all other party states even if they are EU Member States (parastates even if they are EU Member States (paraStates (para 194).

In the paper I argue that if the question of revocation is directly relevant for a Member State court to decide a case, then the CJEU may indeed find an obligation to refer.

«provision imposes an obligation on the Member States to confer a certain advantage, compared with applications for entry and residence of other nationals of third States, on applications submitted by persons who have a relationship of particular dependence with a Union citizen.»

However, the Advocate General suggested that the party suffering damage from being under such an unforeseen obligation could still claim damages against the Member State for the damages resulting from the violation of EU law by the national implementing act.

Sections 1 to 9 of the Prevention of Terrorism Act 2005 enable the secretary of state to make a control order against an individual where she has reasonable grounds for suspecting that individual is or has been involved in terrorism - related activity and it is necessary to impose obligations on that individual for purposes connected with protecting members of the public from a risk of terrorism.

Given the CFSP and the internal market for the movement of capital, the Member States used the Union, in particular CFSP instruments and (former Community) regulations, to comply with those obligations.

This is not to say that it is probable that the Court will simply rule that because of the applicability of the Charter to visa applications made in accordance with the Visa Code, Member States are under an obligation to issue LTVs to third country nationals who want to come to any EU Member State to file an application for international protection.

To my mind, on a proper interpretation of the basic constitutional structure of the compound comprising the Union and the Member States, which has been described as the «European Verfassungsverbund», (11) it is, as a rule, for the Member States themselves, in the context of their own constitutional order and the international obligations which they have entered into, to review acts of their public authorities.

But when applying that test to the facts, the Court observed that the national (Swedish) measure was connected (in part) to infringements of the VAT Directive, and therefore was designed to implement an obligation imposed on the Member States by EU law «to impose effective penalties for conduct prejudicial to the financial interests of the European Union».

MAR requires that appropriate measures, including policies and procedures, are put in place to ensure compliance, for example in respect of additional disclosure requirements, the preparation of insider lists and reporting of transactions involving persons discharging managerial responsibilities within the issuer (PDMRs)(which can have a de minimis threshold in certain Member States as low as $ 5,000 to trigger the reporting obligation) and the maintenance of lists of such PDMRs and any associated persons.

In its Judgment of 20 December 2017 in Global Starnet, C - 322 / 16, EU: C: 2017:985, the Court of Justice of the European Union (CJEU) followed the Opinion of AG Wahl and clarified that a national court of last instance is under an Art 267 TFEU obligation to refer a question for preliminary ruling to the CJEU even if the constitutional court of that Member State has already assessed the constitutionality of national rules in the light of regulatory parameters with content similar to rules under EU law.

In the present case, since it is apparent from paragraphs 29 and 30 above that neither Directive 2004/17 nor its underlying general principles impose on Member States a specific obligation to lay down provisions requiring the contracting entity to grant its contractual partner an upwards price review after the award of a contract, the provisions of Legislative Decree No 163/2006 at issue in the main proceedings, in so far as they do not provide for periodic price review within the sectors covered by that directive, do not have any connection with that directive and can not, therefore, be regarded as implementing EU law (C - 152 / 17, paras 33 - 35, references omitted and emphases added).

The Commission's subsequent consideration and follow - up to the Initiative, coupled with the obligation to publicise under Article 10, could then provide an important occasion for the institution that functions as the «guardian of the Treaties» to consider in - depth the possibility of the decoupling of Union citizenship from Member State nationality in the face of such seismic upheaval for those citizens who will be affected negatively by Brexit.

We guide you through your rights and obligations under «business to business» contracts (whether a supplier or a buyer) and under «business to consumer» contracts, which continue to be subject to rapid change as the EU strives to achieve a uniform framework for consumers irrespective of the member state in which they reside.

The rights and obligations arising from agreements concluded before 1 January 1958 or, for acceding States, before the date of their accession, between one or more Member States on the one hand, and one or more third countries on the other, shall not be affected by the provisions of this Treaty.

Before a Member State brings an action against another Member State for an alleged infringement of an obligation under this Treaty, it shall bring the matter before the Commission.

The ECJ's decision that national courts must disapply the rules of statutes of limitations if they prevent Member States from fulfilling their obligations under Article 325 TFEU (in the present case, the relevant Italian legislation) leads to perceiving serious fraud as a crime against the rights and interests of citizens, i.e., against fundamental social human rights guaranteed under Arts. 2 and 3 Const., and hence calls for resolving the conflict within the Italian Constitution by balancing the rights under these articles and the accused's individual rights guaranteed by the legality principle (Art. 25 Const.)

The Indiana State Bar Association's House of Delegates has declared that «all Indiana lawyers have an ethical and a social obligation to provide uncompensated legal assistance to poor persons» and adopted an aspirational goal of fifty hours a year, or an equivalent financial contribution, for each member of the bar.

As with Schengen visas, there will be a possibility to issue a a travel authorisation with limited territorial validity, «when that Member State considers it necessary on humanitarian grounds in accordance with national law, for reasons of national interest or because of international obligations» even if the travel authorisation has not yet finished or has been refused, annulled or revoked.

In this way, ABA members meet their professional obligation to improve the quality of justice in the United States, while providing important insurance protection for themselves and their families.

However, Member States do not have an obligation to ensure that ADR entities offer procedures for the out - of - court resolution of these disputes (section 2 (4)-RRB-.