Sentences with phrase «requirement under article»

Extinguishment of native title rights deprives native title holders of these rights of exercise and protection and consequently fails to satisfy the requirement under article 27 that Indigenous peoples have the right to enjoy their culture and all its elements, particularly those that relate to land.

Second, the requirement under Article 5 (c) of the Convention, emphasised in Decision 2 (54), that Indigenous people give their informed consent to decisions that affect them, was disputed and ignored by the Australian government in relation to the enactment of the amended NTA.

It noted the requirement under Article 9 (2) that any limitation placed upon that right must be prescribed by law and necessary in a democratic society in order to serve a legitimate aim, including the rights and freedoms of others, which could be invoked by the defendant in this case.

The reference to «joint responsibility» has also been described as sitting uneasily with the requirement under Article 1 of Protocol No 8 to the EU Treaties to establish «mechanisms necessary to ensure that proceedings -LSB-...] are correctly addressed to Member States and / or the EU as appropriate» (for further discussion, see the ESIL Reflection by Judge Gaja of the ICJ).

The education of children with disabilities has to be organized not merely on humanitarian grounds, but also on grounds of utility and as a constitutional requirement under Article 21 - A.

The standing requirements under Article 263 (4) TFEU and the provision's earlier version are a well - known topic in EU law.

Not exact matches

Numerical quotas are generally inconsistent with the requirements of Article XI of the General Agreement on Tariffs and Trade of 1947 (GATT), and so the United States may need to defend such measures under the national security exception under Article XXI of GATT.

Under the FDA's Food Safety Modernization Act, the agency does have the authority to order the recall of certain food products when the FDA determines that there is a reasonable probability that the article of food is adulterated or in violation of certain allergen labeling requirements and that the use of or exposure to such article will cause serious adverse health consequences or death to humans or animals.

Sporting have signalled their intent to cash in on Carvalho with a new contract increasing his buyout clause to # 35m, which they announced on Sporting's official website with this report: «Under the terms and for the purposes of compliance with the reporting requirements stemming from Article 248, paragraph 1 al. a) of the Securities Code, the Board of Directors of Sporting Clube de Portugal — Futebol, SAD announces that the athlete William Carvalho Silva extended his contract with Sporting Clube de Portugal — Futebol SAD until the season 2019/2020, settling the termination clause in $ 45,000,000.00 (forty - five million euros).»

A statement on Sporting's website read: «Under the terms and for the purposes of compliance with the reporting requirements stemming from Article 248, paragraph 1 al. a) of the Securities Code, the Board of Directors of Sporting Clube de Portugal - Futebol, SAD announces that the athlete William Carvalho Silva extended his contract with Sporting Clube de Portugal - Futebol SAD until the season 2019/2020, settling the termination clause in $ 45,000,000.00 (forty - five million euros).»

· Allowing counties an option to modify how they fund state mandated pension contributions · Providing counties more audit authority in the special education preschool program · Improving government efficiency and streamlining state and local legislative operations by removing the need for counties to pursue home rule legislative requests every two years with the state legislature in order to extend current local sales tax authority · Reducing administrative and reporting requirements for counties under Article 6 public health programs · Reforming the Workers Compensation system · Renewing Binding Arbitration, which is scheduled to sunset in June 2013, with a new definition of «ability to pay» for municipalities under fiscal distress, making it subject to the property tax cap (does not apply to NYC) where «ability to pay» will be defined as no more than 2 percent growth in the contract.

Therefore, the suit claims, he is not a natural born citizen — one of the requirements under Section 1 of Article 2 of the United States Constitution.

Such justification would then most likely center on whether, under the introductory phrase of GATT Article XX, a US carbon duty, emission credit requirement or other regulation on imports is applied on a variable scale that takes account of local conditions in foreign countries, including their own efforts to fight global warming and the level of economic development in developing countries.

The article describes protein requirements for athletic men, but I would like to understand what protein requirement would suit a woman under these circumstances.

Notwithstanding the requirements of this subdivision, participation in professional development outside the regular school day or regularly scheduled working days of the school year shall be volitional for teachers, unless otherwise agreed upon as a term or condition of employment pursuant to collective bargaining under article 14 of the Civil Service Law.

The article takes a look at how the new template differs from the previous version crafted under the Obama administration, noting, «The biggest difference seems to be on the requirements for outreach to various groups of educators and advocates.»

The plaintiffs in Schwartz v. Lopez (see Legal Clips for background on suit) alleged that SB 302 violates the requirement for a uniform school system under Article 11, Section 2; and diverts public school funds contrary to Article 11, Section 2 and Section 6.

(b)(1) Except as provided in paragraph (b)(2) of this clause, and unless otherwise specifically provided in the contract, all operational practices of the Contractor and all workmanship, material, equipment, and articles used in the performance of work under this contract shall be in accordance with the best commercial marine practices and the rules and requirements of all appropriate regulatory bodies including, but not limited to the American Bureau of Shipping, the U.S. Coast Guard, and the Institute of Electrical and Electronic Engineers, in effect at the time of Contractor's submission of offer, and shall be intended and approved for marine use.

If you make payments under IBR for 25 years and meet some other requirements, the article also states that your remaining balance could be canceled.

The Fu article must have still reached the requirements under the peer - review process if it made it into Nature.

In the pharmaceuticals manufacturers» efforts to gain as much promotional «noise» as possible from research conducted in compliance with FDA and EMEA requirements for marketing approval, this comes under the heading of publications planning, the extraction from available study data of as many additional articles and presentations as can be managed.

Quite apart from the clarification re Opinion 2/15, this is a fundamental case, as it clarifies the (wide) scope of Article 216 TFEU and the requirements for the existence of a shared competence in external matters, formerly under the implied powers doctrine.

The language of article V (1)(c) does not explicitly impose any requirements that the challenges invoked under article V (1)(c) must be raised at any particular time during the arbitral procedure or thereafter.

Philip Morris may be seen as replacing all of these precedents with an intermediate position: to comply with Article 114 TFEU, harmonising Directives need not provide for a market access clause guaranteeing free circulation of all products fulfilling the requirements of the Directive throughout the internal market, but they also must not allow for stricter national rules that are inconsistent with the harmonisation achieved under the Directive; such rules may only relate to aspects that fall outside the scope of the Directive.

Canada also argued that the Puerto Rico licensing requirements breach GATT Article III as incorporated into the FTA under Articles 501 and 502 as the Québec UHT milk was being treated less favourably than a like domestic products.

This could be argued to endorse the view expressed by the author on this blog in November that the «constitutional requirements» clause in Article 50 (1) functions as the bridge between the domestic legal order and the Union legal order, and thus the giving and potential revocation of notice under Article 50 (2) is purely a matter of domestic law.

Under article 17 of the GDPR, for example, there are very specific requirements around the right to be forgotten.

The first interesting point in this judgment is that the Court does not consider the requirement that products need to be of fair trade origin a technical specification but rather a contract performance condition under article 26 of the directive.

To summarise: (1) The UKSC in the (R) Miller appeal will not be obliged under Article 267 TFEU to refer the question to the CJEU of whether revocation of an Article 50 TEU notice is possible because under requirement (i) of the CILFIT test this question is not relevant to determine the case;

Just as Article 50 (1) specifies that a decision to give notification falls under these requirements, so too should a decision to reverse this process.

His experience includes issues in relation to «retrospective» time limits, alleged infringements of the right to property, requirements to pay tax demands before tribunal proceedings can be commenced, and matters relating to the right to a fair hearing, including standovers pending criminal proceedings and the initial challenges to the independence of VAT & Duties tribunal under Article 6.

(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.

As the Directive itself does not list any further criteria, and other language versions of the Directive do not suggest another interpretation, the CJEU concluded, in order to safeguard a uniform interpretation and application of the Directive, that no further requirements beyond that of providing access to a communication network are necessary to qualify for an exemption under Article 12 (1)(paras 52 - 53).

See Domenic's article for a summary of the requirements under the Ontario rules and case law.

To have the mandatory four - year B.A. requirement under the current conditions where a law degree is a degree with more limited job prospects than in the past is the biggest contributor to the crisis of law students and young lawyers who can not find articling positions and entry level jobs.

The Supreme Court unanimously held the requirement in the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009 that unmarried co-habiting partners must be nominated in order to be eligible for a survivor's pension, was interference with the appellant's right to property under article 1 of Protocol 1 to the ECHR that could not be «objectively justified» for the purposes of art 14.

A different point: the second consideration reminds me a bit of an Appallate Body report of the WTO recently circulated on whether certain labelling requirement could held to be «mandatory» (and therefore falling under the rigours of article 2 of the TBT).

This article will focus specifically on the changes to entitlement for attendant care (AC) benefits and the new definition and requirement under the New SABS for these benefits to be incurred.

Students complete their articling (practicum) requirements with us and begin developing their professional career here under the guidance of a practising lawyer.

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.

42 It can not therefore be inferred from Article 70 (4) of Regulation No 883/2004, read in conjunction with Article 1 (j) thereof, that EU law precludes national legislation, such as that at issue in the main proceedings, under which the right to a special non ‑ contributory cash benefit is conditional upon meeting the necessary requirements for obtaining a legal right of residence in the Member State concerned.

Under Article 4 (1) of the Equal Treatment Framework Directive, direct discrimination can be justified where there is a «genuine and determining occupational requirement» which is legitimate and proportionate.

Under the «Requirements» section at the top of this article, you'll notice this official version of Xposed doesn't work with Samsung / TouchWiz devices, so that's most likely the problem.

● Special talent for producing error free, grammatically correct content on any given topic ● Substantial knowledge of modern search engine optimization techniques and requirements ● Familiar with hyperlinking and web publishing protocols ● Adept at editing and proofreading content developed by junior writers ● Skilled in developing appealing, persuasive content for marketing purposes ● Exceptional leadership skills with demonstrated ability to lead a team of content writers effectively ● Track record of producing a high number of high quality articles under strict time constraints

In relation to the Convention, these issues raise concerns under Articles 2 and 5 (equality before the law and non-discrimination), and Articles 1.4 and 2.2 (the requirement to take special measures).

The specific rights of minorities and indigenous peoples that have been recognised under Article 27 have been qualified by the requirement that their enjoyment shall not prejudice the enjoyment by all persons, including individuals from within the group, of the universally recognised human rights and fundamental freedoms (ie, the rights listed in category a) above).

This article is based on a study conducted as part of the requirements for doctoral dissertation under the supervision of Professor Moshe Sherer, Tel Aviv University.

A: Advertising free premiums, giveaways, and rebates is covered by the Code under Article 12's requirement to present a «true picture» in our advertising, marketing, and representations to the public.

As the article points out, in July 2010 the U.S. Department of Justice issued an Advance Notice of Proposed Rulemaking that took the position that websites operated by entities that are public accommodations under the act must be compliant with the ADA, and sought comment on that issue and on the development of regulations that would implement that requirement.

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories