Sentences with phrase «omissions of public authorities»

In dismissing the appeal the ECtHR decided to maintain the high threshold established in D given that in such cases the alleged future harm would emanate not from the intentional acts or omissions of public authorities or non-state bodies, but instead from a naturally occurring illness and the lack of sufficient resources to deal with it in the receiving country.

Not exact matches

As to the fourth issue, where, as in the instant case, the person concerned was ex-hypothesi disabled and the public authority was discharging its functions under statutes which expressly directed its attention to the needs of the disabled persons, it might be entirely superfluous to make express reference to s 49A of the 1995 Act and absurd to infer from an omission to do so a failure on the authority's part to have regard to their general duty under that section.

(4) For the purposes of this paragraph, an act or omission by a public authority does not constitute an abuse of its position or powers unless the act or omission --

The idea that environmental claims warrant different treatment arises principally from the UNECE Convention on Access to Information, Public Participation in Decision - making and Access to Justice in Environmental Matters (the «Aarhus Convention»), which was ratified by the UK in 2005 and which includes the provision that «each Party shall ensure that... members of the public have access to administrative or judicial procedures to challenge acts and omissions by private persons and public authorities which contravene provisions of its national law relating to the environment.&Public Participation in Decision - making and Access to Justice in Environmental Matters (the «Aarhus Convention»), which was ratified by the UK in 2005 and which includes the provision that «each Party shall ensure that... members of the public have access to administrative or judicial procedures to challenge acts and omissions by private persons and public authorities which contravene provisions of its national law relating to the environment.&public have access to administrative or judicial procedures to challenge acts and omissions by private persons and public authorities which contravene provisions of its national law relating to the environment.&public authorities which contravene provisions of its national law relating to the environment.»