Sentences with phrase «provisions preclude»

In Washington, a small pharmacy chain owned by a Christian family failed in its attempt to be excused from a regulation requiring all legal prescriptions to be dispensed, with a specific provision precluding conscience exemptions.

Similarly, they did not merely say there should be separation of church and state; rather, they actually separated them by (1) establishing a secular government on the power of «We the people» (not a deity), (2) saying nothing to connect that government to god (s) or religion, (3) saying nothing to give that government power over matters of god (s) or religion, and (4), indeed, saying nothing substantive about god (s) or religion at all except in a provision precluding any religious test for public office.

Fast forward a quarter - century and this news about a new Canadian court ruling shows our neighbor jurists to the north have a much different conception of what kind of mandatory drug sentence violates a constitutional provision precluding cruel and unusual punishments.

As Toy did not argue for the veracity of the statements, the Court disagreed that the provision precluded their admissibility as the purpose of the allegations was to prove their falsity (at para 34).

Before incorporating a non-competition provision into an employee's contract of employment or reminding a departing employee that a non-competition provision precludes the employee from competing and will be enforced against him or her, employers should carefully consider the value of proceeding in such a fashion and all of the ramifications.

In effect, this provision precludes the landlord from recovering any damages past the date of the abandonment.

Not exact matches

Thus some may wish to argue that one can not assume that a certain set of spin - values would have been obtained no matter which of conditions a and conditions b are met — on the grounds that the provisions for novelty in Whitehead's system preclude such an assumption.

«The provisions of sections 23 and 24 do not preclude a government of any country or a non-governmental organization from providing assistance in cash or in kind to the Commission for use by the Commission for the collective benefit of registered political parties».

The bill passed by the Senate includes anti-nepotism provisions, today: · Prohibits gifts from lobbyists and their clients of more than nominal value, including travel, lodging and other expenses, and broaden the types of lobbying activities that lobbyists must disclose; · Prohibits elected government officials and candidates for elected local, state or federal office from appearing in taxpayer - funded advertisements; · Closes the «revolving door» loophole by prohibiting former legislative employees from directly lobbying the Legislature for two years, and expands the revolving door restrictions for Executive Chamber employees to preclude appearances before any state agency; · Prohibits non-legislative employees from using their authority or influence to «compel or induce» any other employee to make political contributions; · Prohibits state employees from participating in any personnel decision or contracting matter concerning a relative.

When developing their strategy they took into account existing sports provision, identified barriers that were precluding sports participation and how to develop opportunities to encourage it.

That is, the least restrictive environment provision is IDEA's anti-segregation provision: it precludes public schools from simply shunting students with disabilities off to the side, separate and unequal, with little or no meaningful access to peer interaction with typically developing students.

The Lansing School District refused the Pecks» request, stating that the Establishment Clause of the First Amendment to the United States Constitution precluded its provision of those services at Our Savior Lutheran School, because provision of these services at a parochial school would constitute excessive entanglement of government and religion.

9.3 The provisions of this clause 9 shall however not preclude either Party from seeking alternative relief from an appropriate forum.

Litigation currently precludes SCAQMD from providing offsets under exemptions to its Rule 1304, which has allowed for such provision when power plants are repowered or replaced, and from its Priority Reserve, opened to new power plants in 2007.

This need translates into a need for particulate matter 10 microns or less in size (PM - 10) air emission credits, whose purchase or provision is currently constrained by both market conditions and litigation, thus precluding the development of new and replacement generation that produces such emissions.

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

-- 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.

The Act contains a double - jeopardy provision that precludes criminal prosecution for a matter for which a notice of violation has been issued.

The legislation precludes spouses from opting out of those provisions in the Act that protect the rights of each spouse to the matrimonial home.

It considered whether the provisions of the 1995 Data Protection Directive (hereafter: the Directive) preclude national measures which allow the data transfers between public bodies and subsequent data processing without informing the data subject of the transfer and processing.

Although Parliament was not precluded in civil matters from adopting retrospective provisions, it can not legislate so as to interfere with the courts» handling of disputes before them:

By Nadia Marotta In 2017, two Superior Court judges held that certain provisions of the Consumer Protection Act, 2002 precluded an occupier from relying on a waiver in the... Read more

The Court identified a number of «onerous» terms, including in particular indemnity provisions and a clause which precluded the plaintiff from seeking and / or accepting any alternative employment with any other employer for a lengthy period of time following cessation of employment.

As Articles 6 and 7 of the proposal preclude the use (and not merely the collection) in criminal proceedings of evidence obtained in breach of the right to silence and the privilege not to incriminate oneself, these provisions should also be complied with during administrative proceedings whenever the results of these proceedings can be used in subsequent criminal proceedings.

Article 7 (1) of Parliament and Council Directive (EC) 2003/88 (concerning certain aspects of the organisation of working time) precludes national provisions or collective agreements which provide that a worker who was on sick leave during a period of annual leave scheduled in the annual leave planning schedule of the undertaking which employed him does not have the right, after his recovery, to take his annual leave at a time other than that originally scheduled, if necessary outside the corresponding reference period.

In Ferreira da Silva the Court accepts that simply because lower courts have interpreted a provision of EU law in a particular way does not preclude a national supreme court from considering that the interpretation of that provision in a different way is so obvious that there is no reasonable doubt (paragraph 42).

The judgment concluded: «[T] he answer to the question referred is that Article 7 (1) of Directive 2003/88 must be interpreted as precluding national provisions or collective agreements which provide that a worker who is on sick leave during a period of annual leave scheduled in the annual leave planning schedule of the undertaking which employs him does not have the right, after his recovery, to take his annual leave at a time other than that originally scheduled, if necessary outside the corresponding reference period.»

The question then arises whether Article 22 (4) in the circumstances of the case also precludes the application of the «residual» provision on jurisdiction to grant provisional and protective measures of Article 31 (see again the Van Uden case C - 391 / 95).

This section is residual and resort to it is precluded where the object of the search is available under another provision of the Code or another federal statute.

There are presently, however, no apparent provisions that would preclude the attorneys on the commission to appear before the judicial - nominee - turned - judge they recommended.

The Presiding Officer also considered the provisions of the above legislation and concluded that they did not preclude the admissibility of self - incriminating evidence when the subject - matter of the proceedings is the act of lying under oath (at para 29).

That article precludes Member States from impeding the circulation in the Union of all those categories of product by means, inter alia, of more restrictive provisions which they might find necessary to ensure the welfare of animals or to reassure consumers.

For example, there was a phrase added to the provision to prevent employers from interfering with employees exercising their rights under the Act, «but nothing in this Act precludes an employer from communicating facts and its opinions to its employees.»

While it did not explicitly base its decision on direct effect, it held that the provisions of an international agreement could only be relied upon to review an act of EU secondary legislation where «the nature and broad logic» of that agreement did not preclude it and, secondly, the provisions at issue were, «as regards their content, -LSB-...] unconditional and sufficiently precise» (para 54).

There seems to be thus a shift away from the distinction between direct effect and review of legality and back to the earlier classic direct effect case law, i.e. a mere examination whether an agreement does not as a whole preclude any effect as a benchmark for review in the EU legal order and whether the provision to be applied regulates individuals in a sufficiently direct way.

The Court states that «Articles 267 and 344 TFEU must be interpreted as precluding a provision in an international agreement concluded between Member States, such as Article 8...

The provisions of this Treaty shall not preclude the existence or completion of regional unions between Belgium and Luxembourg, or between Belgium, Luxembourg and the Netherlands, to the extent that the objectives of these regional unions are not attained by application of this Treaty.

The recent United States Supreme Court's decision in 14 Penn Plaza LLC v. Pyett, which holds that a bargaining contract provision requiring employees to arbitrate age discrimination claims is enforceable and thus precludes later litigation of such claims, accentuates the importance of this issue.

Such a provision can preclude action in some foreign countries and make seizure in all of them more problematic.

«Articles 43 EC and 48 EC do not preclude provisions of a member state which generally prevent a resident parent company from deducting from its taxable profits losses incurred in another member state by a subsidiary established in that member state.»

Those «public interest» considerations ultimately determine whether we can permit enforcement of the provision in plaintiff's contract that allegedly precludes any realistic challenge to the substance of her loan - contract's terms.»

This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention.

As detailed above, late in the Court of Appeal proceedings, McGill asserted that the arbitration provision purports to preclude her from seeking public injunctive relief in any forum.

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.

The RI Supreme Court determined that the Insurance policy exclusion commonly known as the «owned but not insured exclusion» * (policy provision set forth below) precluded uninsured motorist coverage to the estate of the man who died in the bike and car collision.

Nothing in the verification provisions would preclude those activities, nor have we significantly modified the NPRM provision on this issue.

It held that Art 3 (1) of the First Directive precludes an insurer from being able to rely on statutory provisions or contractual clauses to refuse to compensate third - party victims of an accident caused by the insured vehicle [para 20].

Accordingly, the ECJ held that a combination of Art 49 and the Directive precluded a union from using industrial action to force a service provider from another member state to enter into negotiations for more favourable terms than those arising from national legislative provisions.

Section 21 of the Residential Tenancy Dispute Resolution Service Regulation comes closest to being a privative clause in stating the decision of a Tenancy Dispute Officer is binding on the parties to the dispute, but even this provision is the weakest form of privative clause in that it neither states the decision is final nor does it preclude judicial review.)

However, a party may be precluded by his conduct from asserting such a provision to the extent that the other party has relied on that conduct.