If you are guilty of
a serious breach of the law, you forfeit the right to elect those who make the law.
Not exact matches
Most US states have
laws requiring companies to notify regulators and consumers
of a
serious data
breach within six to eight weeks, but given the sensitivity
of the stolen information, it's not unrealistic or unfair to ask a company to disclose a
breach even sooner.
Australia's financial regulator is taking action against deceptive and misleading initial coin offerings (ICOs), citing «a
serious breach of the Australian
law.»
The
law, which came into effect in February, requires organizations to notify regulators and consumers within 30 days of breaches that have a likelihood of resulting in «serious harm» (see Australia Enacts Mandatory Breach Notification La
law, which came into effect in February, requires organizations to notify regulators and consumers within 30 days
of breaches that have a likelihood
of resulting in «
serious harm» (see Australia Enacts Mandatory
Breach Notification
LawLaw).
Australia's financial regulator is repressing on misleading initial coin offerings (ICOs), referring on «a
serious breach of the Australian
law»
Yet in November, the UK Foreign and Commonwealth Office concluded, despite considerable evidence to the contrary, that there was no «clear risk»
of serious Saudi
breaches of international humanitarian
law in Yemen.
«These are incredibly
serious allegations
of complicity in barbaric acts
of torture and
breaches of international
law.
Flouting immigration and work permit
laws in Indonesia is considered a
serious breach that could earn perpetrators hefty fines up to 500 millions Indonesian Rupiahs (about $ 38,000) and a prison sentence
of up to five years.
The claims
of a confidentiality
breach and conflict
of interest, if they prove true, «are
serious, and are not off - the - wall,» says Paul Rothstein, a professor
of torts, evidence, and civil litigation at Georgetown University
Law Center in Washington, D.C..
Violation
of test security is a
serious matter with far - reaching consequences... A
breach of test security may be dealt with as a violation
of the Code
of Professional Responsibility for Teachers, as well as a violation
of other pertinent state and federal
law and regulation.
A
serious breach of IPCC regulations by a lead author is not illegal, because the IPCC has no force
of law.
The project, found to be in clear
breach of various EU directives, caused the European Parliament to adopt Article 41, in which it expresses its deep concern that the Rosia Montana mine development poses a
serious environmental threat to the whole region and states that it will carefully monitor the project's development, both in terms
of its conformity to EU environmental
law and also how it relates to Romania's accession to the EU.
The case
of BAE Systems provides a further example
of political pragmatism overriding a
serious breach of the criminal
law.
Territorial illegality arises under a
serious breach of certain fundamental norms
of international
law, in particular jus cogens.
This reality puts every existing
law firm at risk
of a
serious data
breach.
This constituted, according to the CJEU, «a sufficiently
serious breach of a rule
of law that is intended to confer rights on individuals» (para 106, referring here to Bergaderm and Council v. Commission, para 42).
The first condition for the non-contractual liability
of the EU has already been settled by the CJEU when it held that the infringement constituted a «sufficiently
serious breach of a rule
of law that is intended to confer rights on individuals».
As Professor Doug Berman at the Sentencing
Law and Policy reports, a Northern District
of Iowa judge reduced a defendant's sentence to punish the prosecution for a
serious breach of the terms
of the plea agreement.
Employers must now comply with RIDDOR (Reporting
of Injuries, Diseases and Dangerous Occurrences Regulations 2013) to avoid
serious breaches of health and safety
law.
There might also be a concern that the term «conduct» could incorporate less
serious previous
breaches of UK
law.
The Court
of Justice finds that a state's failure to ensure that a fund established to ensure a minimum level
of compensation is a «
serious breach»
of EU
law and can not be excused because
of the general economic crisis.
The Court then sets out the well - known three conditions for Francovich - liability: the rule
of European Union
law infringed must be intended to confer rights on the individual; the
breach of that rule must be sufficiently
serious; and there must be a direct causal link between the
breach and the loss or damage sustained by the individual (para. 41).
The latter held that the liability
of a contracting authority for the
breach of EU public procurement rules under the remedies directive is assimilated to that
of the State under the general EU
law doctrine
of State liability and thus requires a sufficiently
serious breach (Nuclear Decommissioning Authority).
It must then be shown that the driver
breached this duty, whether by disregarding traffic
laws, driving recklessly, or driving while distracted, and, finally, that you sustained
serious injury as a result
of that
breach of duty.
Held, inter alia, the 2006 Regulations did not go further than EU
law requires by conferring a power to award damages in respect
of loss or damage suffered by an economic operator in the case
of any
breach, as opposed to only a «sufficiently
serious»
breach,
of the Regulations, as per the Francovich conditions.
In her complaint, her attorneys have argued that, «The adultery
law constitutes a
serious breach of the individual's rights to make decisions concerning sex and privacy under the constitution.
Rubin contends that even if criminal
law wasn't broken, there were
serious breaches of privacy by a government that has claimed it would fight identity theft with tougher criminal code provisions.
OTTAWA — A public interest researcher has filed a formal complaint with Privacy Commissioner Jennifer Stoddart, charging top prime ministerial aides, a parliamentary secretary and an MP with «
serious breaches»
of the privacy
laws.
It will be good news for contracting authorities that not all
breaches of procurement
law will give a right to claim damages, and that a challenging bidder must first show that a
breach was «sufficiently
serious».
In the short to medium term (for at least the next couple
of years), we now have the definitive position in the UK that
breaches of procurement
law must be «sufficiently
serious» to merit damages.
Acted successfully for the appellant Nuclear Decommissioning Authority in a landmark Supreme Court judgment establishing that damages in procurement claims are only available if any
breach of duty is «sufficiently
serious» within the meaning
of the EU
law conditions for Member State liability.
But, as Justice Laskin noted, at para. 38, the trial judge stated, ``... as a matter
of law, I can not exclude under s. 24 (2) the marijuana seized during the search
of the car because
of right to counsel
breaches that occurred subsequently, no matter how
serious they may have been.»
But, looking a little further ahead, how will the judgement be dealt with in the Great Repeal Bill and what will be the ultimate position post Brexit; particularly when the requirement for a
breach to be «sufficiently
serious» stems from principles
of EU
law and the jurisprudence
of the European Court
of Justice?
As
breach of competition and antitrust
law has become a
serious and potentially catastrophic issue for businesses
of all shapes and sizes, so MI has built a substantial global network
of experts on standby to act at any time.
Nuclear Decommissioning Authority (Appellant) v EnergySolutions EU Ltd (now called ATK Energy EU Ltd)[2017] UKSC 34 Acting successfully for the Appellant, the NDA, in a landmark Supreme Court judgment establishing that damages in procurement claims are not awarded as
of right, but should only be available if any
breach of duty that is established is «sufficiently
serious» within the meaning
of the EU
law conditions for Member State liability (i.e. the well known Francovich / Factortame conditions).
It says it identified two
serious infringements and one very
serious infringement
of data protection
law — with the total sanction breaking down to $ 300,000 for each
of the first
breaches and $ 600,000 for the second.
While an international
law process for hearing complaints about treaty
breaches exists, (123) there are
serious limitations on the effectiveness
of this process.