This was so irrespective of domestic exigencies and
procedural safeguards such as the use of special advocates and private hearings questioning the veracity of the evidence.
I would submit that the Court of Justice would only find such a joint court compatible with EU law if
procedural safeguards such as a preliminary reference procedure were included to ensure the Court of Justice's eventual jurisdiction.
Not exact matches
We maintain physical, electronic and
procedural safeguards that comply with applicable federal and state standards to guard non-public personal information, and we monitor
such measures.
The committee said: «We recommend the bill should be amended to include
procedural safeguards —
such as the opportunity to call and examine witnesses — where disciplinary action is being considered.»
Guidance, laws, and
procedural safeguards emerge,
such as the Belmont Report (5)-- the «Common Rule» — the code of federal regulations governing all federally funded research with humans, the establishment of the Office for Human Research Protections (OHRP), and national advisory committees
such as the National Human Research Protections Advisory Committee (NHRPAC).
We employ reasonable and appropriate security measures
such as maintaining physical, electronic and
procedural safeguards in compliance with applicable security requirements, including US federal and state regulations.
Procedural safeguards,
such as the right to a public trial and the presumption of innocence, are required to remedy this situation.
The following shall therefore discuss some of the more
procedural and institutional aspects of the guidelines, whilst leaving much of the points relating to the substance of any future agreement (s)
such as
safeguards against fiscal, social and environmental dumping for another time.
Also called
safeguards;
procedural protections involve
such things as the right to a hearing, the right to counsel, etc..
This wording incorporates two important Community law principles which are explained further in the same judgment: «It is settled case law that in the absence of Community rules governing the matter it is for the domestic legal system of each member state to... lay down the detailed
procedural rules governing actions for
safeguarding rights which individuals derive from Community law, provided, however, that
such rules are not less favourable than those governing similar domestic actions (the principle of equivalence) and do not render virtually impossible or excessively difficult the exercise of rights conferred by Community law (the principle of effectiveness).»
It is useful to quote key observations by Stadlen J [at paras 126 - 129]: «In my view, notwithstanding the absence in the FTPP proceedings of some of the statutory and non-statutory
safeguards which apply to criminal proceedings... [I] n deciding whether it would be fair to admit the hearsay evidence, the requirements both of Article 6 and of the common law obliged the FTPP to take into account the absence of all those [
safeguards]... [I] n my judgment, no reasonable panel in the position of the FTPP could have reasonably concluded that there were factors outweighing the powerful factors pointing against the admission of the hearsay evidence... The means by which the claimant can challenge the hearsay evidence are... not in my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating
such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the
procedural safeguards to which a person accused of
such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper
procedural safeguards.
If the respondent willfully fails to comply with an order to obtain
such employment, the court may commit the respondent to jail upon adjudication for indirect criminal contempt, provided the respondent is afforded all of the
procedural safeguards available to criminal defendants.
In most instances,
such procedural safeguards consist of some prior legal process,
such as a warrant, grand jury subpoena, or an administrative subpoena that meets a three - part test for protecting privacy interests.
Such evaluations will inevitably inform decision - making, but there need to be
procedural safeguards to ensure that this does not undermine a fair and balanced adjudication of ongoing issues.
Advocacy ADD / ADHD Allergy / Anaphylaxis American Indian Assistive Technology Autism Spectrum Behavior & Discipline Bullying College / Continuing Ed Damages Discrimination Due Process Early Intervention (Part C) Eligibility Episodic,
such as Allergies, Asthma, etc ESSA ESY Evaluations FAPE Flyers Future Planning Harassment High - Stakes Tests Homeless Children IDEA 2004 Identification & Child Find IEPs ISEA Juvenile Justice Law School & Clinics Letters & Paper Trails LRE / Inclusion Mediation Military / DOD Parental Protections PE and Adapted PE Privacy & Records
Procedural Safeguards Progress Monitoring Reading Related Services Research Based Instruction Response to Intervention (RTI) Restraints / Abuse Retention Retaliation School Report Cards Section 504 Self - Advocacy Teachers & Principals Transition Twice Exceptional (2e) VA Special Education