Sentences with phrase «provide judicial remedies»

Not exact matches

Recent, more finely tuned data for New Jersey, provided by Peg Goertz, a University of Pennsylvania researcher who has closely followed developments in the Garden State, indicate that from 1999 to 2007 substantial gains were made in the Abbott districts, which were the focus of the judicial remedies.

The Court's contention that EU law provides for a complete system of remedies, or at least remedies «sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law» (Case C - 64 / 16, para. 34) has to be understood as a formalistic conception in the sense that BITs clearly provide more complete and effective remedies to investors than EU law or domestic law — and this understanding has been at the heart of the reasoning of arbitral tribunals in cases where they have rejected the argument that intra-EU BITs are incompatible with EU law.

In broad terms, a tort is a civil wrong, other than a breach of contract, for which the judicial system or court is used to provide a remedy in the form of a required action for damages.

However, if an application for forfeiture is concluded before judicial review proceedings, then this will provide no effective remedy.

Part Four of the Bill contains proposals to make significant changes to judicial review by restricting the powers of the court to provide a remedy in certain types of challenges, and by imposing higher financial risks on claimants and interveners.

Where no discretionary remedy is sought which can be provided by judicial review, the jurisdiction is not ousted.

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...

«[T] he Supreme Court has stated expressly that when a plan fails to resolve an internal appeal within the time provided under ERISA regulations, «the participant shall be deemed to have exhausted the administrative remedies» and «is entitled to proceed immediately to judicial review.

However, the development of a right to privacy under cases such as Max Mosely v News of the World [2008] EWHC 1777 (QB) or Naomi Campbell v Mirror Group Newspapers [2004] UKHL 22 show that a privacy remedy made be available as a result of judicial intervention where no statutory remedy under the DPA is provided.»

The provisions of the Child Support Act 1991 and the right to seek judicial review where the Child Support Agency fails to collect or enforce arrears of maintenance provide a comprehensive remedy.

Likewise, the Court observes that legislation not providing for any possibility for an individual to pursue legal remedies in order to have access to personal data relating to him, or to obtain the rectification or erasure of such data, compromises the essence of the fundamental right to effective judicial protection, the existence of such a possibility being inherent in the existence of the rule of law.

the Bill should provide on its face that that there was a right of appeal to the Upper Tribunal against decisions to impose and to refuse trade defence remedies, and that such appeals should be «on the merits» rather than just by way of judicial review.