When funding any school, whether public or private, the government should not surrender the longstanding
principle of equal treatment for all regardless of religion.
Not exact matches
This would call into question the effectiveness
of the Family Reunification Directive and thwart the specific protection
for unaccompanied minor refugees, as well as the
principle of equal treatment and legal certainty.
Advised and acted in judicial review challenges
for and against government departments raising issues
of UK and EC law, including the
principle of equal treatment of agricultural businesses
78 However, the absence
of such an autonomous and uniform definition under European Union law
of the concepts
of social security, social assistance and social protection and the reference to national law in Article 11 (1)(d)
of Directive 2003/109 concerning those concepts do not mean that the Member States may undermine the effectiveness
of Directive 2003/109 when applying the
principle of equal treatment provided
for in that provision.
He does so by analyzing the
principle of equal treatment not only in the context
of the Directive, but also in the context
of the Charter
of Fundamental Rights
of the EU, the ECHR and the Geneva Convention, and through the examination
of these legal instrument concluding that differential
treatment according to immigration status is only justifiable if the reason
for this differential
treatment passes a strict proportionality test.
It is
for the employer to prove that there was no breach
of the
principle of equal treatment.
EU law takes priority over domestic law and it guarantees a directly effective right
for all persons to be treated in accordance with the
principle of equal treatment in relation to employment and working conditions.
... when they implement the possibility provided
for in Article 51
of Directive 2004/18 [whereby the contracting authority may invite economic operators to supplement or clarify the certificates and documents submitted to it], the Member States must ensure that they do not jeopardise the attainment
of the objectives pursued by that directive or undermine the effectiveness
of its provisions and other relevant provisions and
principles of EU law, particularly the
principles of equal treatment and non-discrimination, transparency and proportionality...
The landmark judgment, P v Commissioner
of Police
for the Metropolis [2017] UKSC 65, concerns the directly eff ective right
of police offi cers under EU law to have the
principle of equal treatment in relation to employment and working conditions applied to their circumstances.
The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity
for the revocation
of any contract,» 9 U.S.C. ¶ 2, establishes an
equal -
treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.
56 In a similar vein, Article 24 (2)
of Directive 2004/38 allows a derogation from the
principle of equal treatment enjoyed by Union citizens other than workers, self - employed persons, persons who retain such status and members
of their families who reside within the territory
of the host Member State, by permitting that State not to confer entitlement to social assistance, in particular
for the first three months
of residence (see Joined Cases C ‑ 22 / 08 and C ‑ 23 / 08 Vatsouras and Koupatantze [2009] ECR I ‑ 4585, paragraphs 34 and 35).
Its conclusions turned on its interpretation
of the
equal treatment principle in Council Directive 79 / 7 / EEC on
equal treatment for men and women in matters
of social security, and on the CJEU's seminal judgment in Case C - 423 / 04 Richards v Secretary
of State
of Work and Pensions.
Today's vote is a major step forward
for the American
principle of equal treatment under the law,» said PPFA President Cecile Richards.
Finally, respect
for human rights obligations, especially the right
of indigenous communities «to practice and revitalise their cultural traditions and customs» [74] and to equality before the law, including in the enjoyment
of the right to
equal treatment before the tribunals and all other organs administering justice [75], calls
for the development
of principles which address the unique evidentiary issues involved in native title litigation, including the reality
of claims based substantially upon orally - transmitted traditions, the lack
of written records
of indigenous laws and customs, the «unsceptical» receipt
of uncorroborated historical evidence incapable
of being tested under cross-examination, and the epistemological, ideological and cultural limitations
of historical assessments
of traditional laws and customs by non-indigenous commentators.