Sentences with phrase «provision of national law»

(i) where there is a breach of a right afforded under EU law, article 47 of the Charter is engaged; (ii) the right to an effective remedy for breach of EU law rights provided for by article 47 embodies a general principle of EU law; (iii)(subject to exceptions which have no application in the present case) that general principle has horizontal effect; (iv) in so far as a provision of national law conflicts with the requirement for an effective remedy in article 47, the domestic courts can and must disapply the conflicting provision; and (v) the only exception to (iv) is that the court may be required to apply a conflicting domestic provision where the court would otherwise have to redesign the fabric of the legislative scheme.

Consequently, Article 27 could not be made applicable in proceedings between private parties in order to exclude the application of a provision of national law (para 48).

The federal government has granted Indiana a three - year extension of its waiver, which exempts the state from certain provisions of the national law.

Does the Brussels I Regulation preclude the use of provisions of national law which enable proceedings to be brought against persons of unknown address?

The ECJ emphasised that «the national court must give full effect to Article 325 (1) and (2) TFEU, if need be by disapplying the provisions of national law» (emphasis added, see the operative part of the judgment, para. 1).

The Court also noted that the Directive requires providers to establish internal procedures for responding to requests for access based on the relevant provisions of national law [80].

As a conclusion, one can say that the CJEU did not only reply to the question raised by Advocate General Kokott whether «EU law require [s] the courts of the Member States to refrain from applying certain provisions of their national law on the limitation periods applicable to the prosecution of criminal offences in order to guarantee the effective punishment of tax offences» (§ 1 of the Opinion).

The indicators for a fair balance between these rights, according to the AG, are contained in the provisions of Directives themselves, as well as in the relevant provisions of national law.

The fact that the [domestic Constitutional Court] gave a ruling on the compatibility of the provisions of national law... with the provisions of the [national] Constitution which the referring court regarded as constituting, in essence, the same regulatory parameters as [EU law] has no bearing on the obligation, laid down in Article 267 TFEU, to refer questions concerning the interpretation of EU law to the Court of Justice (C - 322 / 16, paras 21 & 23 - 25, references omitted and emphases added).

As a result of all the foregoing, the Labour Court concluded that, given the primacy of EU law over provisions of national law, the national judge is obliged not to apply the new fees.

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.»

This obligation to interpret national law in conformity with Community law concerns all provisions of national law, whether adopted before or after the directive in question (see Case C - 106 / 89 Marleasing [1990] ECR I 4135, para 8, and Pfeiffer and Others, para 115).

Not exact matches

The law the Trump administration is using to make this all happen — a provision known as Section 232 in the Trade Expansion Act of 1962 — basically says that the US can block the import of materials critical for national security in order to ensure that the country has reliable supplies in the event of a war.

That led TM to seek a ruling from the NEB confirming that the Board had the jurisdiction to authorize TM's activities, and, to the extent that Burnaby's by - laws were making it impossible for TM to carry out the necessary tests, a ruling that the by - laws were constitutionally inapplicable, or if not inapplicable, were in conflict with the provisions of the National Energy Board Act and therefore inoperative on the basis of the paramountcy doctrine.

Instead of the Sermon's provision for cases at law, for the exercise of charity, for civic virtue, presupposing if at the same time reinterpreting the requirements of the ancient national code; instead of the Old Testament Law with its provisions for the inheritance of property, for various kinds of civic and social duties, albeit of a primitive order, which the Sermon presupposes, (Malaw, for the exercise of charity, for civic virtue, presupposing if at the same time reinterpreting the requirements of the ancient national code; instead of the Old Testament Law with its provisions for the inheritance of property, for various kinds of civic and social duties, albeit of a primitive order, which the Sermon presupposes, (MaLaw with its provisions for the inheritance of property, for various kinds of civic and social duties, albeit of a primitive order, which the Sermon presupposes, (Matt.

Some provisions in the law also directly impacted child support collection, including the creation of a Federal Case Registry of Child Support Orders (FCR) and a National Directory of New Hires (NDNH) for the purpose of tracking child support cases and locating obligors.

It showed that 20 countries have enacted laws, decrees or other legal enforceable measures, 27 have enacted many of the Code's provisions as law, 21 countries have implemented the entire Code as a voluntary measure or as a national policy and another 22 are currently drafting regulations based on the International Code and Resolutions.

One provision of the law prohibits foreign nationals from holding decision - making positions in American campaigns.

1 Etymology 2 History 2.1 Prehistory 2.2 Medieval kingdoms 2.3 European contact (15th century) 2.4 Independence (1957) 2.5 Operation Cold Chop and aftermath 2.6 21st century 3 Historical timeline 4 Geography 4.1 Climate 4.2 Rivers 4.3 Wildlife 5 Government 5.1 Foreign relations 5.2 Law enforcement and Police 5.3 Military 5.4 Administrative divisions 6 Transportation 7 Economy 7.1 Key sectors 7.2 Manufacturing 7.3 Petroleum and natural gas production 7.4 Industrial minerals mining 7.5 Real estate 7.6 Trade and exports 7.7 Electricity generation sector 7.8 Economic transparency 8 Science and technology 8.1 Innovations and HOPE City 8.2 Space and satellite programmes 8.3 Cybernetics and cyberwarfare 8.4 Health and biotechnology 9 Education 9.1 Overview 9.2 Enrollment 9.3 Foreign students 9.4 Funding of education 9.5 Provision of educational material 9.6 Kindergarten and education structure 9.7 Elementary 9.8 High school 9.9 University 10 Demographics 10.1 Population 10.2 Legal immigration 10.3 Illegal immigration 10.4 Language 10.5 Religion 10.6 Fertility and reproductive health 11 Universal health care and health care provision 12 Culture 12.1 Food and drink 12.2 Literature 12.3 Adinkra 12.4 Traditional clothing 12.5 Modern clothing 12.6 Music and dance 12.7 Film 12.8 Media 12.9 Sports 12.10 Cultural heritage and architecture 13 National symbols 14 Tourism 15 See also 16 References 17 Further reading 18 ExterProvision of educational material 9.6 Kindergarten and education structure 9.7 Elementary 9.8 High school 9.9 University 10 Demographics 10.1 Population 10.2 Legal immigration 10.3 Illegal immigration 10.4 Language 10.5 Religion 10.6 Fertility and reproductive health 11 Universal health care and health care provision 12 Culture 12.1 Food and drink 12.2 Literature 12.3 Adinkra 12.4 Traditional clothing 12.5 Modern clothing 12.6 Music and dance 12.7 Film 12.8 Media 12.9 Sports 12.10 Cultural heritage and architecture 13 National symbols 14 Tourism 15 See also 16 References 17 Further reading 18 Exterprovision 12 Culture 12.1 Food and drink 12.2 Literature 12.3 Adinkra 12.4 Traditional clothing 12.5 Modern clothing 12.6 Music and dance 12.7 Film 12.8 Media 12.9 Sports 12.10 Cultural heritage and architecture 13 National symbols 14 Tourism 15 See also 16 References 17 Further reading 18 External links

Conduct any referendum required to be conducted pursuant to the provision of the 1999 Constitution or any other law or Act of the National Assembly.

New York Governor Andrew Cuomo has been speaking out about the need for national gun control laws in recent days, but Cuomo says he doesn't know when a key provision of New York's own gun safety laws will be enacted.

«Finally, to ensure that the preparation of the Appropriation Bill is based on the Medium Term Expenditure Framework, passed by the National Assembly, signed into law by the President and implemented by the Executive arm of government Section 51 of the Fiscal Responsibility Act has specifically clothed every citizen with the necessary locus standi or legal capacity to enforce the provisions of the law by obtaining prerogative orders or other remedies at the Federal High Court, without having to show any special particular interest.»

The People's National Congress (PNC) has accused the Electoral Commission of breaching the provisions of the law in the disqualification of its presidential candidate, Dr Edward Mahama from the upcoming Presidential elections.

However, according to the National Conference of State Legislatures, Republican lawmakers in Arizona, Indiana, Virginia, Wisconsin, and Vermont have joined Democratic counterparts from a handful of other states in launching measures that oppose provisions of the two - year - old NCLB law.

«It's really been the most screwed - up implementation of the law,» declares Joel Packer, the National Education Association's chief lobbyist on NCLB, of the highly qualified teacher provisions.

Perhaps to its credit, Congress recognizes with waiver provisions the limitations of its own ability to tailor national laws to the needs of a huge, diverse, and constantly changing society.

As part of a two - day national summit here on revitalizing native languages, three founders of immersion schools that are teaching children Cherokee, Ojibwe, and Native Hawaiian contended that some No Child Left Behind provisions present huge hurdles for language - immersion programs or schools and conflict with schooling rights spelled out in another federal law, the Native American Languages...

They fear Congress will strip core provisions of the law but hope that the national conversation about race sparked by recent events in Ferguson, Missouri, and New York City will help keep a spotlight on civil rights.

To the fullest extent permitted by applicable law, the National Education Union expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.

Full - time administrators, librarians, and counselors shall be exempt from the provisions of this section; and colleges of medicine and law and others which are required for purposes of accreditation to meet national standards prescribed by the American Medical Association, the American Bar Association, or other professional associations shall be exempt from the provisions of this section to the extent that the requirements of this section differ from the requirements of accreditation.

A college partnership laboratory school shall be subject to all federal and state laws and regulations and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services.

The Departmental Office of Civil Rights (DOCR) enforces civil rights laws and regulations, which prohibit workplace discrimination on the basis of race, color, national origin, sex, disability, religion and age in employment and the provision of government services.

The Federal Equal Credit Opportunity Act and comparable provisions of Massachusetts law prohibit creditors from discriminating against credit applicants on the basis of race, color, religion, creed, national origin, sex, sexual orientation, ancestry, handicap, marital status, age (provided that the applicant has the capacity to enter into a binding contract), or because all or part of the applicant's income derives from any public assistance program.

Abby Shaforth, an attorney at the National Consumer Law Center, stated that the group relief provision will only effectively provide relief if the Department of Education is committed to doing so.

whether the consumer credit transaction or other transaction is made under the provisions of the National Housing Act, or where the creditor is exempt from licensing under this chapter, (ii) where the credit transaction is not a consumer transaction, (iii) where the credit transaction is by a trust institution as defined in Section 5 - 12A - 1 (1), in its capacity as a fiduciary under any plan or agreement qualified under 26 USC 401 (a) or defined by 5 USC 8437, 26 USC 403 (b), or 26 USC 457, or a trust exempt under 26 USC 501, or (iv) to any municipal pension system created under the laws of the State of Alabama.

Homeless Animals Rescue Team (HART) does not and shall not discriminate on the basis of race, creed, color, religion, gender, age, national origin, physical or mental health, sexual orientation, or any characteristic protected by law, and is in compliance with all requirements of law and regulations with respect to the provision of services, employment decisions, and volunteer participation.

This access was later enshrined in the form of citizen suit provisions written into many of the environmental laws passed in the 1970s (legal scholars have long disagreed as to the whether and to what extent the ’65 decision influenced the crafting of the National Environmental Policy Act of 1969).

Rep. Runyan has been an outspoken opponent of the National Ocean Policy and repeatedly attempted to weaken provisions of the law aimed at ending overfishing.

These provisions of international law have been agreed to by all almost all nations and establish clear national responsibilities to not harm others beyond their jurisdiction, to pay for the damages to those beyond their borders who are harmed by domestic ghg emissions, and to not use scientific uncertainty as an excuse for failing to take protective action.

An excellent example of national provision of laws free of charge to the populace is Légifrance, seen as a model for other countries.

I believe that thanks to the national constitutional doctrines on the «conditional» primacy of EU law (on the «conditional supremacy» of EU law in the UK, see the post by Garner on this blog) as well as to the corresponding EU provisions — the constitutional identity clause in Article 4 (2) TEU and the authorisation to apply higher national standards of fundamental rights in Article 53 CFR — national constitutional or apex courts can provide necessary checks and balances on the ECJ enormous judicial power.

On such a basis, the Court considered that there are indeed provisions in the Family Reunification Directive expressly referring to national law, such as Articles 5 (1) and 11 (2) and thereby concluded that if the EU legislature intended to leave the Member States with the leeway to decide when the condition of a child being «below the age of eighteen» would be satisfied, it would have included an express reference in that context too (paras 41 - 42).

This phenomenon is particularly acute in the field of motor insurance, where successive governments have failed to bring our national law provision into line with the minimum standard of the compensatory guarantee prescribed by Art 3 of the Directive (see «On the Right Road?»

In both judgments, Uber argued that the national regulations in place were incompatible with EU law and more particularly with the provisions of the e-commerce (Directive 2000/31) and services (Directive 2006/123) Directives.

To ensure the effectiveness of the right of the victims to claim damages the European Commission presented on 11 June 2013 a proposal for a directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union (COM (2013) 404 final).

The EU layer of public service regulation further adds to this complexity as it interacts in many different ways with the national legal frameworks in this field: EU law may structure national legal norms, coordinate the provision of services between the Member States, bring about minimal or maximal standards (e.g. pertaining to quality, ubiquity or affordability of the services provided), comprise detailed regulation or even set prices for the provision of public services as in the case of mobile roaming tariffs.

-- that regulation does not preclude the application of a provision of national procedural law of a Member State which, with a view to avoiding situations of denial of justice, enables proceedings to be brought against, and in the absence of, a person whose domicile is unknown, if the court seised of the matter is satisfied, before giving a ruling in those proceedings, that all investigations required by the principles of diligence and good faith have been undertaken with a view to tracing the defendant.

Therefore, just as the electronic records provisions of the Evidence Acts state that in order to function properly, they need standards such as 72.34 (e.g., s. 31.5 CEA; s. 34.1 (8) OEA; and, s. 41.6 AEA), those new laws will have to depend heavily upon new national standards.

In these three orders, the SCC concluded that the constitutional questions did not meet the relevance test because, under the principle of primacy of EU law, a national provision that is found to be incompatible with EU law must be displaced and can not be applied by the national courts when deciding a case.

However, a situation where national law enables national companies to convert, but it does not allow companies incorporated under the law of another Member State to do so, falls within the scope of the provisions of the TFEU regarding the freedom of establishment (par.