Sentences with phrase «obliged under state law»

Not exact matches

Steiner said Cuomo was obliged to set a special election date for a congressional seat under federal law, but state law allows the governor to set one for a state legislative vacancy at his discretion, so a court challenge might not be successful.

Lawyers representing parents will argue that under the European convention on human rights and corresponding case law, the state is obliged to treat different religions and beliefs on an equal footing and that religions should not be elevated above non-religious world views in the school curriculum.

North Dakota regulators, like in many other oil - producing states, are not obliged to tell the public about oil spills under state law.

Member States are obliged to take all necessary measures to ensure fulfillment of their obligations under EU law according to article 4 (3) TEU.

As an additional measure to ensure the practical effectiveness of Art. 344 TFEU EU Member States could be obliged before the accession of the EU to the ECHR to declare with binding force under international law that they will not engage proceedings under Art. 33 ECHR whose object of dispute falls within the material scope of EU law (AG view, para 120).

Furthermore, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law necessary in order for them to decide the disputes before them, the fact remains that when there is no judicial remedy under national law against the decision of a court or tribunal of a Member State, that court or tribunal is, in principle, obliged to bring the matter before the Court of Justice under the third paragraph of Article 267 TFEU where a question relating to the interpretation of EU law is raised before it...

Thus, member states are obliged to make rights under the Directive effective by providing an effective domestic law forum for enforcement, which can be done by modification, if necessary, to the extra-territorial limitations, which erect a barrier to the enforcement of EC rights.

In any case, says MacKenzie, even if their clients don't fill out the form, real estate practitioners, if they know of defects, remain obliged under state licensing law to let buyers know of them.