Sentences with word «ratione»

In addition, the AG's opinion considers that the scope ratione personae of the agreement envisaged is not too broad and that the massive and indiscriminate transfer of personal data is necessary.

States regularly assert that every official acting in their official capacity is immune from prosecution by foreign authorities (for non-international crimes) under the doctrine of ratione materiae.

This tension can only be resolved by means of an express exclusion of the competence of the ECtHR under Art. 33 ECHT for disputes between EU Member States or between them and the EU which concern the application of the ECHR within the scope ratione materiae of EU law (para 213).

Without going into detail on the scope of freedom of establishment under the AFMP and reserving its judgment on whether shareholding - management activities constitute a self - employed activity for the purposes of the AFMP (para 21), the Court turned to the scope ratione personae of the freedom of establishment.

A major strand of McGrath's ideas is a reworking of St Augustine's concept of rationes seminales (as set out in De Genesi ad litteram).

§ 2 [Jurisdiction ratione temporis; lex...

The «Father of Modernism,» Rene Descartes, developed a philosophical movement which can best be described as sola ratione.

Dissenting Judge Sajó opined that the complaint should have been dismissed as incompatible ratione personae (opinion en partie dissidente du juge Sajó, p. 65).

What they actually enquire after in most of the cases is the legitimacy of the EU, having undergone an unprecedented and enormous transformation during the last 50 years from economic community to state - like polity, and its adjudicator, the Court of Justice (CJEU), whose jurisdiction ratione materiae has similarly expended and is now encompassing an unparalleled number of fields.

On the other hand, the same obligations arising out of the resolutions rendered the alleged infringement of the applicant's Convention rights attributable to the UN and thus, per the «Monetary Gold principle», inadmissible ratione personae before the Court.

The free movement of capital provision of Art. 63 TFEU applies ratione loci «worldwide»: to both capital movements within EU's internal market and to movements from the internal market to third countries (and vice versa).

The ECHR in Behrami uses attribution to deny the jurisdiction of the Court)(and the application of the treaty ratione personae), while the English Court of Appeal uses attribution to say that the UK did not have jurisdiction under Art. 1.

In short, the CJEU first had to decide on the application ratione temporis of EU law in view of the changes made in 2009.

Although competences between criminal and administrative authorities are distinguished ratione materiae, situations can arise where different authorities have parallel competence over the same facts.

A head of state was entitled to immunity ratione personae (see Mighell v Sultan of Johore [1894] 1 QB 149).

It is a mere truism that the ICJ's power to administer justice is limited ratione temporis to acts and omissions creating the dispute in question that took place subsequent to the conclusion of the international instrument forming the basis of the Court's jurisdiction.

In particular his idea of rationes seminales (causal principles embedded in creation from the beginning, which emerge in due time under God's providence) can be happily accommodated to modern evolutionary cosmology and biology.

While the classical modernity of Descartes was sola ratione, it did retain some space for faith in God.

The complaint was dismissed under Article 34 as being inadmissible (incompatible ratione personae, i.e. the status of the applicant).

St. Augustine was already proposing a mechanism called «seminal reasons,» rationes seminales, to explain a gradual appearance of species over the span of ages.

The respondent argued that the application was inadmissible ratione personae and ratione materiae because the impugned measures had been based upon Security Council Resolutions 1267 (1999) et seq. which, per Articles 25 and 103 of the UN Charter, were binding and prevailed over any international agreement.

Relying on Martínez Sala, HC submitted that the Zambrano principle brings the carer and child «within the scope» of the EU treaties personally or ratione personae.