Sentences with phrase «permits national courts»

Not exact matches

The judge said in a 91 - page decision that, while the Army Corps substantially complied with the National Environmental Policy Act, federal permits issued for the pipeline violated the law in some respects, saying in a court order the Corps did not «adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice.»

«American Muslims should enjoy the freedom to build their places of worship wherever permitted by local zoning laws,» the retired Supreme Court jurist said at a luncheon where he was honored by the National Japanese American Memorial Foundation.

Currently, the Keweenaw Bay Indian Community and three organizations — the National Wildlife Federation, Huron Mountain Club and Yellow Dog Watershed Preserve — are waiting to hear whether Michigan's Court of Appeals will hear their challenge of a 2006 state permit to build the mine.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

The court's ruling permits the parties to proceed with the transfer of ownership of the Corcoran's historic 17th Street building and the College of Art + Design to GW and custody of the art collection to the National Gallery of Art.

To interpret Rottmann to trump this would require a judgment even more grandiose than Van Gend or Costa, something in which the Court pronounced that the present state of integration was such that the removal of their fundamental status and rights from a group of Union citizens could only be permitted if the national constitutional process leading to it was itself sufficiently democratic to comply with the requirements of EU law.

In other words, national courts are permitted to apply the statutes of limitations, in accordance with the requirements stemming from its national constitutional law.

Under the Melloni doctrine, if EU law does not provide the full harmonisation of a matter, national criminal courts «are free» — i.e. they are permitted but not obliged under EU law — to apply higher national standards of fundamental rights.

The last question referred to the Court was about whether a Member State can be obliged to issue an autonomous residence permit or other authorisation conferring a right to stay to a third - country national on the ground that there is no longer a reasonable prospect of removal.

Brott v United States 858 F3d 425 (6th Cir 2017)(Amici Curiae National Federation of Independent Business, Cato Institute and Southeastern Legal Foundation)(rejecting claim that property owners were entitled to jury trial in an Article III court because Congress permitted to bestow exclusive subject matter jurisdiction over takings claims seeking more than $ 10,000 in the Court of Federal Clcourt because Congress permitted to bestow exclusive subject matter jurisdiction over takings claims seeking more than $ 10,000 in the Court of Federal ClCourt of Federal Claims)

The Court of Appeal has held that the word «award» in sections 101 to 103 of the 1996 Act should be construed to mean the «award or part of it», and accordingly, that the court is permitted to enforce part of an award (IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2008] EWCA Civ 1Court of Appeal has held that the word «award» in sections 101 to 103 of the 1996 Act should be construed to mean the «award or part of it», and accordingly, that the court is permitted to enforce part of an award (IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2008] EWCA Civ 1court is permitted to enforce part of an award (IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2008] EWCA Civ 1157).

In one extreme example, in a 2014 decision, the Chafee County district court held that a Jeep tour operator was a landowner of National Forest roads because it operated there with a permit.

The Federal Court of Appeal's decision Friday not to hear an appeal by the government of British Columbia and several B.C. municipalities opposed to a ruling of the National Energy Board that allows Kinder Morgan Canada to ignore local permits and bylaws undoubtedly illustrates the strength of Alberta's legal arguments.

Article 5 (2) of the EU Directive in effect permits our national legislation to make mediation compulsory, providing it does not deny the parties a right of access to the courts.

35 By its questions, which should be examined together, the referring court essentially asks whether the provisions of European Union law on citizenship of the Union must be interpreted as precluding a Member State from refusing to grant a third country national a residence permit on the basis of family reunification where that national seeks to reside with his spouse, who is also a third country national and resides lawfully in that Member State and is the mother of a child from a previous marriage who is a Union citizen, and with the child of their own marriage, who is also a third country national.

To find out more about National Adoption Day and Colorado's court participation, and for information about whether media coverage is permitted at the various events, click here.

-- Article 20 TFEU must be interpreted as not precluding a Member State from refusing to grant a third country national a residence permit on the basis of family reunification where that national seeks to reside with his spouse, who is also a third country national and resides lawfully in that Member State and is the mother of a child from a previous marriage who is a Union citizen, and with the child of their own marriage, who is also a third country national, provided that such a refusal does not entail, for the Union citizen concerned, the denial of the genuine enjoyment of the substance of the rights conferred by the status of citizen of the Union, that being for the referring court to ascertain.

The National Association of Insurance Commissioners» Health Information Privacy Model Act states, «A carrier shall not collect, use or disclose protected health information without a valid authorization from the subject of the protected health information, except as permitted by * * * this Act or as permitted or required by law or court order.

The following questions have been referred to the European Court of Justice: (i) «If a European Union citizen, present in a Member State of which she is not a national, was, prior to the transposition of Council Directive (EC) 2004/38, the holder of a residence permit validly issued pursuant to art 4 (2) of Council Directive (EEC) 68/360, but was for a period of time during the currency of the permit voluntarily unemployed, not self - sufficient and outside the qualifications for the issue of such a permit, did that person by reason only of her possession of the permit, remain during that time someone who «resided legally» in the host Member State for the purpose of later acquiring a permanent right of residence under art 16 (1) of Directive 2004/38»

For this reason, the Court found that when a state is contemplating issuing an expulsion decision and entry ban on a third country national holding a valid residence permit from another Member State, the consultation should start as soon as possible and does not need to be delayed until a SIS alert has been made.

Because of the secret nature of the Court of Review, attorneys for the American Civil Liberties Union and National Association of Criminal Defense Lawyers were not permitted to present oral arguments.

«The National Association of REALTORS ® is pleased with the court's reinstatement of its previous decision affirming that payments to settlement service providers are permitted by RESPA so long as those payments are for goods and services actually furnished or performed and are made at fair market value,» said NAR President Elizabeth Mendenhall.