This highlights the important issues surrounding
the role of national courts in supporting investment treaty arbitration proceedings and the enforcement of investment arbitration awards.
The role of national courts is considered in the next section.
Monica Claes and Šejla Imamović then discuss
the role of national courts in the new European post-accession fundamental rights architecture and how accession may impact the national courts (p. 160).
10.00 - 12.00: General introduction, origins, sources, notion of aid (general), administrative procedure and
role of national courts
An expansive view of locus standi would also diminish the importance of the preliminary reference procedure and thus
the role of national courts as gatekeepers in pleas of illegality, because more acts would be subject to direct review by the CJEU.
The CJEU has therefore always taken a restrictive stance on the locus standi of non-privileged applicants, effectively preferring the primacy of the EU legislator over the Court, as well as maintaining the important
role of national courts through the preliminary reference procedure.
Athough the judgment emphasises
the role of the national court in ultimately deciding the case, the discretion left to them is distinctly asymmetrical.
Not exact matches
The Supreme
Court agreed with the provinces, but left Flaherty an opening by ruling that Ottawa has a
role in matters
of national importance and scope, including preventing systemic risks in the financial system.
In any event, it is far from clear that the
Court truly has abandoned its arrogated
role of national guidance counselor.
Nor should it have been a surprise that the
Court, having successfully claimed for itself the authority to write a «living Constitution» based on penumbras and emanations, should assume the
roles of National Metaphysician and
National Nanny (as it did in Casey, with its famous «mystery
of life» passage and its hectoring injunction to a fractious populace to fall into line behind the
Court's abortion jurisprudence).
In 1812 Joseph Story became the youngest judge ever to be appointed to the Supreme
Court, and over the course of his lengthy tenure (1812 - 1845) he was Chief Justice John Marshall's right - hand man in defining the role of the court itself, and its jurisdiction over state an4 national l
Court, and over the course
of his lengthy tenure (1812 - 1845) he was Chief Justice John Marshall's right - hand man in defining the
role of the
court itself, and its jurisdiction over state an4 national l
court itself, and its jurisdiction over state an4
national laws..
Readers
of First Things should by now be well - acquainted with the heated
national debate - in part inspired by these very pages - over the
role and legitimacy
of the modern Supreme
Court, armed with the power
of judicial review, in a country that proclaims itself to be self - governing.
«The
role of the [
court] is to review decisions taken by
national authorities to ensure that they are within the margin
of appreciation.»
U.S.
courts should not play a
role in reviewing or restraining targeted killings, argues the Justice Department lawyers, since it would effectively enable them to «supervise inherently predictive judgments» by the president and his
national security advisers «as to when and how to use force against an enemy against which Congress has already authorized the use
of force.»
The purpose
of requiring parliamentary approval
of agreements or measures
of critical
national importance has been held by this
court to be to ensure transparency, openness and parliamentary consent in the
national interest, but this
court has never attributed an overbreadth
role to parliament in such matters beyond the parameters
of the particular matter in regard to which such parliamentary approval is required.
The Attorney General, Gloria Akuffo, and defence lawyers in the trial
of some former government appointees for their
roles in a supposed $ 6 million fraudulent deal between the
National Communication Authority (NCA) and Infraloks Development Limited (IDL), argued in
court today [Tuesday], about the number
of days the case should be heard in a week.
The immediate Past
National Publicity Secretary
of the PDP, Olisa Metuh; a two - time Minister
of Information, Jerry Gana; and
National Co-ordinator
of PDP
National Youth Frontier, Austin Okai Usman, have hailed the judgement
of the Apex
Court as a righteous and just necessity that would ensure Nigeria's democracy continued to thrive since it will put the PDP in shape for the opposition
role.
Organized by the Judicial Council and Administrative Office
of the California
Courts, in partnership with the Constitutional Rights Foundation and the California State PTA, the
National 1st Amendment Cartoon contest seeks to increase student understanding
of the Bill
of Rights and the United States Constitution, as well as to help educate youth about the
role of the judicial branch and their
role as future jurors.
Finally, because the school - integration movement famously gained
national attention with the landmark 1954 U.S. Supreme
Court decision in Brown v. Board
of Education, it is natural to ask: What should be the
role of courts in pursuing school - diversity strategies today?
Laurel is one
of 16,000 students whose schools» futures were imperiled by the May
court decision reaffirmed Monday, throwing these students into the center
of a
national debate about the viability
of charter schools — schools that are publicly funded but can be privately run — and the
role they play in public education.
In his post, he says that he will be expanding his
role in covering the
court for Constitution Daily, the blog
of the
National Constitution Center in Philadelphia, to which he has contributed since 2011.
In this milestone ruling, the
Court also reaffirmed the key
role played by
national Data Protection Authorities (DPAs) in the European system
of data protection, and clarified the different competences
of the European Commission, the DPAs and the
courts — including the ECJ - in assessing the adequate level
of protection offered by a third country.
To add further fuel to the growing fire, David Davis has recently stated that giving EU
nationals in the UK the right to appeal to the European
Court of Justice would be the same as allowing the US Supreme
Court a
role in Britain.
In 2014 he travelled to Uganda to meet with Supreme
Court Judges and officials in
national government on behalf
of ROLE UK to develop training on child protection and international adoption.
Both the CJEU and the
national courts can play a defining
role in ensuring that the minimum rules
of the Roadmap Directives really contribute to more effective defence rights throughout the EU.
Cooperation with
national courts is a tangible way to implement this objective and highlights the importance
of the decision
of the ECJ, which in so doing plays a significant
role on a global level by supporting the ICC «in advancing the rule
of law, thereby reducing impunity» (Rome Statute, Preamble).
Exercising the profession as a Supreme
Court lawyer gives me the opportunity to confront with the highest judicial body, entrusted with the
role of guaranteeing uniformity at
national level in the interpretation and application
of the rules that form the Italian legal system.
Delvigne is an important judgment from the point
of view
of constitutional law, the political nature
of Union citizenship and the
role played by the
Court of Justice in reviewing increasingly large areas
of national law.
The
Court addresses these issues by referring to its well established case law on the division
of roles between
national courts and the European
Court of Justice (para. 29).
Conor's book, Reparations and Victim Support in the International Criminal
Court (Cambridge: Cambridge University Press, 2012) explores the ICC's regime
of victim redress and the
role it plays within the context
of other systems
of remedies for grave violations
of international law at the
national and international levels.
● Guardian
of the public interest, specifically in the context
of legal proceedings such as commencing / terminating criminal prosecutions, charity matters, the appointment
of «advocates to the
court» (whose
role is to act as neutral advisers to the
court) and «special advocates» (whose
role is to represent the interests
of parties in cases with a
national security dimension).
National courts of the United States and Canada have also recognized the foundational
role of anonymity.
As the nationally recognized certifying body for
court reporters, captioners, and CART providers, the National Court Reporters Association (NCRA) saw a need to define the roles of all the parties involved in the distribution of captioning: the individual in a studio or at home creating the captions, the producers, TV distributors, cable companies, and the people who watch captione
court reporters, captioners, and CART providers, the
National Court Reporters Association (NCRA) saw a need to define the roles of all the parties involved in the distribution of captioning: the individual in a studio or at home creating the captions, the producers, TV distributors, cable companies, and the people who watch captione
Court Reporters Association (NCRA) saw a need to define the
roles of all the parties involved in the distribution
of captioning: the individual in a studio or at home creating the captions, the producers, TV distributors, cable companies, and the people who watch captioned TV.
Fanny's post takes us through the context
of the decision and its content, focusing in particular on the
role of national data protection authorities and the competences
of the respective actors, i.e. the Commission,
national authorities and the
courts.
However, it has been identified that under the Arbitration Act 1940, the
national courts had an extensive supervisory
role over the arbitral process and, most importantly, there were problems being faced by arbitration users in relation to the enforcement
of foreign arbitral awards.
More generally, it is primarily for the
national authorities, notably the
courts, to interpret and apply domestic law, if necessary in conformity with EU law, the
Court's
role being confined to ascertaining whether the effects
of such adjudication are compatible with the Convention» (ECtHR 3.10.2014 [GC], Jeunesse v.
The
National Constitution Center hosts this blog to foster discussion about the
role of the Constitution in the United States and illuminate the workings
of the U.S. Supreme
Court.
In the context
of a
national class action, the settlement agreement assigned a supervisory
role to Superior
Court judges in Ontario, B.C. and Quebec.
In the following years annual conferences were held in London in 2005 (on waste legislation), in Helsinki in 2006 (on Natura 2000), in Luxembourg in 2007 (on criminal enforcement
of environmental law), in Paris in 2008 (on soil pollution), in Stockholm in 2009 (on the Integrated Pollution Prevention and Control Directive), in Brussels in 2010 (on the Application
of European Biodiversity Law at
national level), in Warsaw in 2011 (on Environmental Protection and Town and Country Planning), in The Hague in 2012 (on the
Role of EU Environmental Law in the
Courts of the Member States, in Vienna in 2013 (on Access to Justice in Environmental Matters) and in Budapest in 2014 (on Environmental Impact Assessment).
Second, Justice Eady perused the positions
of various
national courts on rulings concerning Google's
role in defamation as a search engine under European Union Directive 2000 / 31 / EC (better known as the Electronic Commerce [EC] Directive).
The UK wanted severely to restrict the
court's
role to one which was subsidiary to that
of national courts.
Admittedly, the
national court could have been more precise on the
role, if any, it saw for these Articles
of the Jurisdiction Regulation in the dispute at issue (the appointment
of an expert, for an expertise to be carried out outside
of Belgium).
Child Sexual Abuse: Coping With the Emotional Stress
of the Legal System: Information for Parents and Caregivers (PDF - 1,301 KB)
National Child Traumatic Stress Network, Child Sexual Abuse Committee (2009) Provides parents and caregivers with resources on the
role of the legal system in child sexual abuse cases, discusses common concerns about going to
court, and offers methods
of coping with or reducing those concerns.
Engaging
Courts and Building Court / Agency Collaboration [Teleconference] National Child Welfare Resource Center for Organizational Improvement & National Child Welfare Resource Center on Legal and Judicial Issues (2007) Discusses the Court Improvement Program (CIP) role in enhancing court / agency collaboration and presents the experiences of experts in child abuse and neglect cases who have worked with courts and agencies to enhance collaboration and to increase court participation in the CFSR pr
Courts and Building
Court / Agency Collaboration [Teleconference] National Child Welfare Resource Center for Organizational Improvement & National Child Welfare Resource Center on Legal and Judicial Issues (2007) Discusses the Court Improvement Program (CIP) role in enhancing court / agency collaboration and presents the experiences of experts in child abuse and neglect cases who have worked with courts and agencies to enhance collaboration and to increase court participation in the CFSR pro
Court / Agency Collaboration [Teleconference]
National Child Welfare Resource Center for Organizational Improvement &
National Child Welfare Resource Center on Legal and Judicial Issues (2007) Discusses the
Court Improvement Program (CIP) role in enhancing court / agency collaboration and presents the experiences of experts in child abuse and neglect cases who have worked with courts and agencies to enhance collaboration and to increase court participation in the CFSR pro
Court Improvement Program (CIP)
role in enhancing
court / agency collaboration and presents the experiences of experts in child abuse and neglect cases who have worked with courts and agencies to enhance collaboration and to increase court participation in the CFSR pro
court / agency collaboration and presents the experiences
of experts in child abuse and neglect cases who have worked with
courts and agencies to enhance collaboration and to increase court participation in the CFSR pr
courts and agencies to enhance collaboration and to increase
court participation in the CFSR pro
court participation in the CFSR process.
A Practical Guide to the Indian Child Welfare Act
National Indian Law Library Explains various components
of the Indian Child Welfare Act and its effect on child welfare practice, including emergency removal, the
role of Tribal
courts, and foster care placement.
This approach would require State and Commonwealth government commitment to capacity development within native title negotiations; adequately resourced NTRBs; flexible Federal
Court timeframes to support capacity development and effective native title negotiations; co-operative relationships between State and Federal governments and NTRBs; and the support
of the
National Native Title Tribunal through its mediation
role.
He previously held the
role of National Coordinator (Indigenous Programs) in the Family
Court from 2002 — 2008.
In 1983, the
National Center
of State
Courts in Williamsburg, Virginia, was contracted to serve as secretariat
of the organization, and Stanley Cohen, a sociology professor at the University
of Oregon Health Sciences and a founding member
of AFCC, was named executive director, serving in that
role until 1988.