Sentences with phrase «standard of protection»

It is important because, while not a veto, it sets a reasonable standard of protection for Indigenous interests where exploration and mining is proposed on native title land.

The role of the Commonwealth is to ensure acceptable State and Territory levels of protection by providing protection of last resort when the State and Territory protection regimes fail to deliver the required standard of protection.

This, however, «misses a rather simple point... the standard of protection given to individuals by the German Basic Law is greater and less flexible than that given by the ECHR».

The law does not provide for a specific standard of protection for confidential or commercially sensitive information possessed by the authorities.

The USTR's Summary of Objectives sets a general goal of «ensur [ing] provisions governing intellectual property rights reflect a standard of protection similar to that found in U.S. law.»

It is true that Article 6 (3) refers to the constitutional traditions that are common (emphasis added) to the Member States; however, the reference to this characteristic should not prevent to inject a certain degree of pluralism in the notion of constitutional tradition (s), as the ICC has suggested, that makes it possible to reconcile a higher standard of protection entrenched in the national Constitution and the primacy of EU law.

æEnsuring provisions governing intellectual property rights reflect a standard of protection similar to that found in U.S. law

This again ensures that the Court has the last word on the standard of protection applicable in EU law.

Protection of fundamental rights in the EU and the problem of divergent standards A classic question concerning the protection of fundamental rights in the EU is what standard of protection applies at the supranational level in the absence of total commonality in the protection of fundamental rights offered by the EU Member States.

The ECHR operates thus as a source of knowledge on the minimum standard of protection of such fundamental rights which form part of EU primary law.

The first is that Article 53 determines the Charter as a minimum standard of protection, similar to Article 53 of the ECHR.

It is deplorable that the Court only recognises the divergence of standards in this matter as a problem without trying in any way to align EU law with the higher standard of protection given under the ECHR.

He clearly rejects the idea that Article 53 entails that the Charter merely lays down a minimum standard of rights protection above which Member States would be free to apply a higher — national - standard of protection.

Finally, the Court stated that» [i] n sports cases, the reasonable standard of protection for a given location is largely determined by reference to the industry standard.»

Some homes are brought to a higher standard of protection with features such as designer overhead lighting, gas fireplaces, butler's pantry, and more.

In this regard, it is worth noting that in Spain, ESC rights do not enjoy the same standard of protection as civil and political rights.

Still, government health and safety organizations are standing by the more stringent standard of protection.

Graco Contender 65 Convertible can rise up to the standard of protection your child needs at a price that won't break your bank.

«Our work in creating first - rate data protection rules providing for the world's highest standard of protection is complete.»

The 1998 EU Council Directive 98/58 on the protection of animals kept for farming purposes set out minimum common standards of protection for animals of all species, including fish, reptiles, or amphibians, kept for the production of food, wool, skin, fur, or for other farming purposes.

In those countries where it remains, international safeguards aim to ensure legality and fair trial, principles of equality and consistency, and minimum standards of protection for vulnerable groups, as well as entailing imposition only for the most serious crimes.

The new Mercedes - Maybach S600 Guard comes with maximum standards of protection prescribed for non-military vehicles while providing utmost luxury and comfort.

Today, after several amendments, ERISA sets standards of protection for participants in most pension and health plans in the private sector.

In its judgment of 26 February 2013, the CJEU responded to the first two questions in the affirmative, and clarified that Article 53 of the Charter only allows national authorities to apply higher standards of protection of fundamental rights where an EU legal act calls for national implementing measures, but not where, as in this case, the EU legal act harmonises the law between the Member States.

On the one hand, foreign investors can bring a claim before a domestic court against the host - state, invoking domestic standards of protection.

First, with regard to the judicial avenues foreign investors have against host - states, three come to mind: (a) bringing a claim before an investor - state tribunal; (b) bringing a claim before a domestic court, based on domestic and / or international standards of protection; and (c) private commercial arbitration based on a contract between the investor and the host ‑ State.

29 That said, where a court of a Member State is called upon to review whether fundamental rights are complied with by a national provision or measure which, in a situation where action of the Member States is not entirely determined by European Union law, implements the latter for the purposes of Article 51 (1) of the Charter, national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of European Union law are not thereby compromised (see, in relation to the latter aspect, Case C - 399 / 11 Melloni [2013] ECR I - 0000, paragraph 60).

It would compel Member States to pay damages for actions that are perfectly lawful under EU Law (this follows from the simple fact of having absolute standards of protection next to non-discrimination norms).

Following the UPCt paradigm, the conclusion of an inter se agreement that would establish a European investment court as a shared national court, which could apply EU law rules as well as additional standards of protection, would be the only way to retain a distinct dispute settlement mechanism for intra-EU investment.

The public will not accept lower standards of protection than it currently enjoys, and no government or would - be government would dare suggest otherwise.

It is true that immediately thereafter the ECJ makes reference to Melloni, by clarifying that «in that respect, the national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of EU law are not thereby compromised».

Not exact matches

WASHINGTON, April 30 - Two Democratic lawmakers asked Environmental Protection Agency chief Scott Pruitt on Monday for documents related to proposed changes to vehicle fuel emission standards and California's authority to set its own measures, and accused him of misleading Congress of the agency's plans.

The agency recently warned that some cryptocurrency trading and initial coin offerings (ICOs) might be in violation of the law, and that much of this activity is taking place without the standard protections for investors.

A coalition of 17 states and Washington, D.C., is suing the Environmental Protection Agency to defend new vehicle emissions standards.

As the world began to learn in September, when the U.S. Environmental Protection Agency issued a shocking «notice of violation,» the vehicles met emissions standards for dangerous oxides of nitrogen, known collectively as NOx, only when running their paces in an artificial, indoor lab setting.

The study looked at living standards, environmental sustainability and protection of future generations from further indebtedness as a way to determine if the economies were including every individual equally in their society.

In the past, though, Canadian officials have expressed reservations around the issues of labour standards, environmental protections and state - owned enterprises.

Electronics retailer RadioShack Corp filed for U.S. bankruptcy protection on Thursday and said it had a deal in place to sell as many as 2,400 stores to an affiliate of hedge fund Standard General, its lender and largest shareholder.

Although ACT's credit protection metrics will fluctuate because of acquisitions and variations in gasoline prices, Standard & Poor's believes that the risk of a sharp increase in debt for a major acquisition is reduced somewhat because of the dearth of large targets.

Regulators need to examine closing the regulatory gap between SRO - regulated dealers and EMDs, raising the standards of the latter group and strengthening investor protection.

The provision therefore violates the equal protection component of the Fifth Amendment right to due process, because it authorizes the Defense Department to afford preferential treatment on the basis of race and does not meet a «strict scrutiny» standard, the appeals court decided.

As opposed to a full delay of all conditions until January 1, 2018, this final rule's application of the Impartial Conduct Standards beginning on June 9, 2017, helps ensure that retirement investors will experience gains from a higher conduct standard and minimizes the potential for an undue reduction in those gains as compared to the full protections of all the PTEs» conditions.

The Environmental Protection Agency's own analysis, which assumed about half of corn residue would be removed from fields, found that fuel made from corn residue, also known as stover, would meet the standard in the energy law.

Update, Feb. 5, 2015: RadioShack has filed for Chapter 11 bankruptcy protection and reportedly reached an agreement to sell as many as 2,400 of its 4,000 locations to the hedge fund Standard General.

A longer delay in the application of the Fiduciary Rule and PTEs and those standards would deprive investors of important fiduciary protections for a longer time, resulting in larger investor losses.

Finally, because the Impartial Conduct Standards will become applicable on June 9, 2017, the Department believes that firms will make efforts to adhere to those standards, motivated both by their applicability and by the prospect of their likely continuation, as well as by the impending applicability of complementary consumer protections and / or enforcement mechanisms beginning on January 1, 2018, depending on the results of the Department's review of the Fiduciary Rule pursuant to the President's Memorandum.

Americans for Annuity Protection has engaged in active outreach to leaders of influence to establish the argument that the DOL's fiduciary rule should be returned because of the analysis performed by the department is flawed, inconclusive and arbitrary; it is not compatible with the Uniform Security Law or established insurance law, and the law has potential conflict with the Dodd - Frank requirements to the Securities and Exchange Commission (SEC) on reviewing a uniform fiduciary standard.

For this reason, the standard amount of liability protection in most insurance policies might not be adequate.

The following are some facts about diesel car engines, the tailpipe pollution they emit and the «defeat device» software that federal regulators say VW used to circumvent emissions standards set by the U.S. Environmental Protection Agency (EPA) and the state of California.

«We believe the DOL rule is based on a sound legal foundation and their process set the standard for openness, thoroughness, and attention to comments submitted,» said Barbara Roper, director of investor protection for the Consumer Federation of America.