The importance of human rights as the foundation of the democratic
state under the rule of law goes hand in hand with the realisation that fundamental human rights may be mutually contradictory.
On the grounds of the arguments analogous to those upon which it has been held in this ruling of the Constitutional Court that the provision «departure for one's ethnical homeland and settlement there shall be considered as repatriation» of Paragraph 4 (wording of 15 March 1994) of Item 2 of the Supreme Council Resolution «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» of 10 December 1991 was in conflict, as to its form, with Article 12 of the Constitution and with the constitutional principle of
a state under the rule of law, it needs to be held that also the provision «departure for one's ethnical homeland and settlement there shall be considered as repatriation» of Paragraph 5 (wording of 18 July 1994) of Item 2 of the Supreme Council Resolution «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» of 10 December 1991 was in conflict, as to its content, with Article 12 of the Constitution and with the constitutional principle of
a state under the rule of law.
The Constitutional Court has also held that the duty of the legislature and other lawmaking subjects to revise all legal acts adopted by them before the entry into effect of the Constitution and which still remain in force, also the legal acts adopted by no longer existing institutions after the entry into effect of the Constitution and still remaining in force, which regulate the relations which are assigned to the sphere of regulation of a corresponding law - making subject, as well as legal acts, which had been adopted before the restoration of the independent State of Lithuania and remained in force after restoration of the independent State of Lithuania and, after the entry into effect of the Constitution, regulate the relationships, which are assigned to the sphere of regulation of an appropriate legislative subject, and assess their conformity with the Constitution within a reasonably short period, stems from the principle of the supremacy of the Constitution, and the constitutional principle of
a state under the rule of law (the Constitutional Court's ruling of 29 October 2003).
In addition, on the grounds of the arguments analogous to those upon which it has been held in this ruling of the Constitutional Court that the provision «departure for one's ethnical homeland and settlement there shall be considered as repatriation» of Paragraph 4 (wording of 15 March 1994) of Item 2 of the Supreme Council Resolution «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» of 10 December 1991 was in conflict, as to its content, with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law, it needs to be held that also the provision «provided that all the specified persons have not repatriated» of Paragraph 3 (wording of 7 December 1993) of Article 18 of the Law on Citizenship and the provision «provided that they have not repatriated from Lithuania» of Item 1 (wording of 5 December 1991) of Paragraph 1 of Article 17 of this law were in conflict with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law.
On the grounds of the arguments analogous to those upon which it has been held in this ruling of the Constitutional Court that the provision «departure for one's ethnical homeland and settlement there shall be considered as repatriation» of Paragraph 4 (wording of 15 March 1994) of Item 2 of the Supreme Council Resolution «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» of 10 December 1991 was in conflict, as to its content, with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law, it needs to be held that also the provision «departure for one's ethnical homeland and settlement there shall be considered as repatriation» of Paragraph 5 (wording of 18 July 1994) of Item 2 of the Supreme Council Resolution «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» of 10 December 1991 was in conflict, as to its content, with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law.
-- the petition of the Vilnius Regional Administrative Court, a petitioner, requesting an investigation into whether Item 1 of Paragraph 1 of Article 1 and Item 1 of Paragraph 1 of Article 17 of the Republic of Lithuania's Law on Citizenship to the extent that it provides that the persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that said persons, their children, grandchildren or great - grandchildren have not repatriated), who are residing in other states, shall retain the right to citizenship of the Republic of Lithuania for an indefinite period of time, and whether Paragraph 2 of Article 2 of the Republic of Lithuania's Law on the Implementation of the Law on Citizenship are not in conflict with Paragraphs 1 and 2 of Article 29 and Paragraphs 1 and 3 of Article 12 of the Constitution of the Republic of Lithuania, and with the constitutional principles of justice and
a state under the rule of law.
To recognise that Paragraph 3 (wording of 2 July 1997, Official Gazette Valstybės žinios, 1997, No. 67 - 1669) of Article 1 of the Republic of Lithuania's Law «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» was in conflict with Article 29 of the Constitution of the Republic of Lithuania and with the constitutional principle of
a state under the rule of law.
-- the provision «the following persons shall retain the right to citizenship of the Republic of Lithuania for an indefinite period of time: (1) persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that said persons, their children, grandchildren or great - grandchildren have not repatriated), who are residing in other states» of Paragraph 1 (wording of 17 September 2002) of Article 17 of the Law on Citizenship, to the extent that, according to the Vilnius Regional Administrative Court, a petitioner, it entrenches that the right to citizenship of the Republic of Lithuania shall not be retained to the persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren, provided that said persons, their children, grandchildren or great - grandchildren have repatriated, and who are residing in other states, is not in conflict with Article 29 and Paragraphs 1 and 3 of Article 12 of the Constitution and with the constitutional principles of justice and
a state under the rule of law;
-- the provision «the following persons shall be citizens of the Republic of Lithuania: (1) persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that said persons, their children, grandchildren or great - grandchildren have not repatriated)» of Article 1 (wording of 17 September 2002) of the Law on Citizenship, to the extent that, according to the Vilnius Regional Administrative Court, a petitioner, it entrenches that the persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren, provided that said persons, their children, grandchildren or great - grandchildren have repatriated, are not considered as citizens of the Republic of Lithuania, is not in conflict with Article 29 and Paragraphs 1 and 3 of Article 12 of the Constitution and with the constitutional principles of justice and
a state under the rule of law;
On the compliance of Item 1 (wording of 17 September 2002) of Article 1 and Item 1 (wording of 17 September 2002) of Paragraph 1 of Article 17 of the Law on Citizenship with Paragraphs 1 and 3 of Article 12 and Article 29 of the Constitution, with the constitutional principles of justice and
a state under the rule of law, on the compliance of Paragraph 2 (wordings of 17 September 2002 and 6 April 2006) of Article 18 of the Law on Citizenship with Articles 12 and 29 of the Constitution, and on the compliance of Paragraph 2 (wording of 17 September 2002) of Article 2 of the Law on the Implementation of the Law on Citizenship with Paragraphs 1 and 3 of Article 12 and Article 29 of the Constitution and with the constitutional principles of justice and
a state under the rule of law.
On the grounds of the arguments analogous to those upon which it has been held in this ruling of the Constitutional Court that the provision «departure for one's ethnical homeland and settlement there shall be considered as repatriation» of Paragraph 4 (wording of 15 March 1994) of Item 2 of the Supreme Council Resolution «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» of 10 December 1991 was in conflict, as to its content, with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law, it needs to be held that also the provision «provided that said persons and their children have not repatriated from Lithuania» of Item 1 (wording of 6 February 1996) of Paragraph 1 of Article 17 of the Law on Citizenship was in conflict with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law.
To recognise that Paragraph 2 (wording of 17 September 2002, Official Gazette Valstybės žinios, 2002, No. 95 - 4088) of Article 2 of the Republic of Lithuania's Law on the Implementation of the Law on Citizenship is in conflict with Article 29 of the Constitution of the Republic of Lithuania and with the constitutional principle of
a state under the rule of law.
The Vilnius Regional Administrative Court, a petitioner, requests an investigation into whether Item 1 of Paragraph 1 of Article 1 and Item 1 of Paragraph 1 of Article 17 of the Law on Citizenship, to the extent that it provides that the persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that said persons, their children, grandchildren or great - grandchildren have not repatriated), who are residing in other states, shall retain the right to citizenship of the Republic of Lithuania for an indefinite period of time, and whether Paragraph 2 of Article 2 of the Law on the Implementation of the Law on Citizenship are not in conflict with Paragraphs 1 and 2 of Article 29 and Paragraphs 1 and 3 of Article 12 of the Constitution, and with the constitutional principles of justice and
a state under the rule of law.
Having held that the provision «provided that these persons, their children, grandchildren or great - grandchildren have not repatriated» of Item 1 (wording of 17 September 2002) of Paragraph 1 of Article 1 of the Law on Citizenship is in conflict with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law, the Constitutional Court will not further investigate whether the provision «persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that these persons, their children, grandchildren or great - grandchildren have not repatriated) shall be citizens of the Republic of Lithuania» of Article 1 (wording of 17 September 2002) of this law to the extent that, according to the Vilnius Regional Administrative Court, a petitioner, it entrenches that persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren provided that these persons, their children, grandchildren or great - grandchildren repatriated shall not be considered citizens of the Republic of Lithuania, is not in conflict with Paragraphs 1 and 3 of Article 12 of the Constitution and with the constitutional principle of justice.
To recognise that Paragraph 3 (wording of 19 October 1995, Official Gazette Valstybės žinios, 1995, No. 90 - 2014) of Article 1 of the Republic of Lithuania's Law «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» was in conflict with Article 29 of the Constitution of the Republic of Lithuania and with the constitutional principle of
a state under the rule of law.
It has been held in this ruling of the Constitutional Court that the provision «departure for one's ethnical homeland and settlement there shall be considered as repatriation» of Paragraph 4 (wording of 15 March 1994) of Item 2 of the Supreme Council Resolution «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» of 10 December 1991 was in conflict, as to its content, with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law.
Having held that the provision «provided that these persons, their children, grandchildren or great - grandchildren have not repatriated» of Item 1 (wording of 17 September 2002) of Paragraph 1 of Article 17 of the Law on Citizenship is in conflict with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law, the Constitutional Court will not further investigate whether the provision «the following persons shall retain the right to citizenship of the Republic of Lithuania for an indefinite period of time: (1) persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that said persons, their children, grandchildren or great - grandchildren have not repatriated), who are residing in other states» of Paragraph 1 (wording of 17 September 2002) of Article 17 of this law to the extent that, according to the Vilnius Regional Administrative Court, a petitioner, it entrenches that the right to citizenship of the Republic of Lithuania shall not be retained to persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren who reside in other states, provided that these persons, their children, grandchildren or great - grandchildren have repatriated, is not in conflict with Paragraphs 1 and 3 of Article 12 of the Constitution and with the constitutional principle of justice.
On the grounds of the arguments analogous to those upon which it has been held in this ruling of the Constitutional Court that the provision «departure for one's ethnical homeland and settlement there shall be considered as repatriation» of Paragraph 4 (wording of 15 March 1994) of Item 2 of the Supreme Council Resolution «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» of 10 December 1991 was (as was Paragraph 3 (wordings of 19 October 1995 and 2 July 1997) of Article 1 of the Law «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship») in conflict, as to its content, with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law, it needs to be held that also Paragraph 2 (wording of 17 September 2002) of Article 2 of the Law on the Procedure for Implementation of the Law on Citizenship is in conflict with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law.
It should be noted that the legislature may define the content of notions used in laws, however, the requirement to heed the hierarchy of the legal acts which stems from the Constitution, inter alia, the constitutional principle of
a state under the rule of law, implies that the content of the notions used in laws may be defined (inter alia, construed) only by means of a law and not by means of a legal act of lower legal force.
To recognise that the provision «departure for one's ethnical homeland or settlement there shall be considered as repatriation» of Paragraph 4 (wording of 15 March 1994, Official Gazette Valstybės žinios, 1994, No. 22 - 347) of Item 2 of the Republic of Lithuania Supreme Council Resolution «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» of 10 December 1991 was in conflict, as to its form, with Article 12 of the Constitution of the Republic of Lithuania and with the constitutional principle of
a state under the rule of law, and, as to its content, it was in conflict with Article 29 of the Constitution of the Republic of Lithuania and with the constitutional principle of
a state under the rule of law.
On the grounds of the arguments analogous to those upon which it has been held in this ruling of the Constitutional Court that the provision «departure for one's ethnical homeland and settlement there shall be considered as repatriation» of Paragraph 4 (wording of 15 March 1994) of Item 2 of the Supreme Council Resolution «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» of 10 December 1991 was in conflict, as to its content, with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law, it needs to be held that also Paragraph 3 (wording of 19 October 1995) of Article 1 of the Law «On the Procedure for Implementation of the Republic of Lithuania's Law on Citizenship» was in conflict with Article 29 of the Constitution and with the constitutional principle of
a state under the rule of law.
Not exact matches
The class action, filed in United
States District Court, Southern District
of New York, and docketed
under 18 - cv - 02213, is on behalf
of a class consisting
of investors who purchased or otherwise acquired BRF American Depositary Receipts («ADRs») between April 4, 2013 and March 2, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by Defendants» violations
of the federal securities
laws and to pursue remedies
under Sections 10 (b) and 20 (a)
of the Securities Exchange Act
of 1934 (the «Exchange Act») and
Rule 10b - 5 promulgated thereunder, against the Company and certain
of its top officials.
The class action, filed in United
States District Court, for the District
of Illinois, Eastern Division, is on behalf
of a class consisting
of investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations
of the federal securities
laws and to pursue remedies
under Sections 10 (b) and 20 (a)
of the Securities Exchange Act
of 1934 and
Rule 10b - 5 promulgated thereunder, against the Company and certain
of its top officials.
Reuters has reported the draft would assert that a 1975
law bars California from imposing its own
state emissions
rules, as it has long done nonetheless
under a series
of Clean Air Act waivers.
This discussion also does not consider any specific facts or circumstances that may be relevant to holders subject to special
rules under the U.S. federal income tax
laws, including, without limitation, certain former citizens or long - term residents
of the United
States, partnerships or other pass - through entities, real estate investment trusts, regulated investment companies, «controlled foreign corporations,» «passive foreign investment companies,» corporations that accumulate earnings to avoid U.S. federal income tax, banks, financial institutions, investment funds, insurance companies, brokers, dealers or traders in securities, commodities or currencies, tax - exempt organizations, tax - qualified retirement plans, persons subject to the alternative minimum tax, persons that own, or have owned, actually or constructively, more than 5 %
of our common stock and persons holding our common stock as part
of a hedging or conversion transaction or straddle, or a constructive sale, or other risk reduction strategy.
In a stunning development earlier today, the SEC released the final Regulation A + equity crowdfunding
rules under Title IV
of the JOBS Act that pre-empts
state law, paving the way for $ 50M unaccredited investor equity crowdfunding.
They are speaking about the way
Rule 506
under Reg D was reformed by rulemaking pursuant to the JOBS Act, to permit general solicitation while preserving a
Rule 506 exemption that is preemptive
of state law, as long as all purchasers are verified to be accredited investors.
The DOL disagreed with the assertion that the
rule creates a new private right to sue, «arguing that the applicable cause
of action is breach
of contract, which already exists
under state law,» said Erin Sweeney, counsel at Miller & Chevalier, who has also served as senior benefit
law specialist at DOL.
Bartz argued that the Employee Retirement Income Security Act would now pre-empt
state law under the
rule and that the
rule improperly created a private right
of action that could set up class - action lawsuits against insurance companies and agents.
You will want to discuss all
of your options with your attorney or tax advisor before taking action, especially if creditor protection is a concern for you, as the Supreme Court has
ruled that Inherited IRAs are not protected
under federal bankruptcy
laws (although
state law creditor protection
of inherited IRAs still varies).
Mandatory Palestine was a geographic area with defined borders and
under British
Rule up until 1948 when the Jews decided to take UN Resolution 181 as
law and claim that the borders defined in 181 defined a new
State of Israel.
His message was that a country must live
under the
rule of law, and that this must guarantee safety for everyone: «Justice is the only solid foundation
of any
state.
The Secretary
of the Convention shall faithfully announce and record each delegate's vote in accordance with the delegate's obligation
under these
rules,
state law or
state party
rule.
Following up on a pledge to reform Freedom
of Information
Law provisions, Cuomo said that he wants the Legislature to fall
under the same
rules as
state and local agencies when it comes to releasing documents to the public.
Defending democracy and the
rule of law,
under threat from both
state and non-
state actors, requires a renewed and steadfast commitment.
The quirk in election
law emerged from a 1996
state Board
of Elections
ruling that determined that each limited liability company controlled by a developer should be treated as if it were an individual
under election
law.
In 2002, the
state's highest court unanimously
ruled that subpoenas served on public agencies were subject to disclosure
under the Freedom
of Information
Law, but a spokesman for the city
Law Department said the feds had asked City Hall to keep its subpoenas secret.
The command in a statement said, «Contrary to the report which is an orchestrated attempted to disparage the Command and pitch the public against the police, it is pertinent to
state unequivocally that the Police which is a
law enforcement agency guided by the
rule of law and duty bound to respect, protect and fulfill the rights
of citizens did not play any role,
under whatever guise, in the murder
of the deceased.
A New York appeals court
ruled last year that a less comprehensive form
of teacher evaluations used by New York City's Department
of Education — known as Teacher Data Reports — must be disclosed
under the
state's Freedom
of Information
Law.
The new
rule will recognize that pedal - assist bicycles are permissible, whereas throttle e-bikes, capable
of travel at speeds faster than 20 mph, can not be legally operated on city streets
under state law.
Under law,
states failing to enforce that requirement risk loss
of federal financial aid — a
rule that many school administrators view as a threat to New York.
The Commission wishes to
state for the umpteenth time, that it believes in the
rule of law and will not take extra-legal measures to ridicule or embarrass any member
of the public that may or may not be
under investigation.
Liquor stores are not allowed to sell any non-wine and - liquor products
under State law, they're only allowed to occupy the first floor
of a structure, and there are all sorts
of other bizarre
rules.
State regulators on Tuesday announced a finalized rule change that caps the amount of money insurance companies can reimburse for health care services provided outside of the state under the no - fault insurance
State regulators on Tuesday announced a finalized
rule change that caps the amount
of money insurance companies can reimburse for health care services provided outside
of the
state under the no - fault insurance
state under the no - fault insurance
law.
In 2006, when the New York
State Court
of Appeals shamefully
ruled that the Lesbian, Gay, Bisexual and Transgender (LGBT) community did not have equal protection
under the
law in relation to Marriage Equality, I predicted that passing legislation to right this wrong in the
State Senate would be a profound personal and sadly political battle.
Common Cause New York, the good government group, has reported that tens
of millions have been funneled to the
state Republicans through L.L.C.s since 1996, when the Board
of Elections
ruled that an L.L.C. was no different
under the
law than a person.
The proposed legislation is in response to a federal court
ruling in Washington
state that determined the amount
of manure disposed
of at certain farms in that
state exceeded limits
under solid waste
law, according to the National Milk Producers Federation.
Under current
state law, signatures from 10 percent
of voters can require the formation
of a county charter commission to revise local government
rules.
On Monday, a judge in Prince William County in Virginia
ruled that the American Tradition Institute did not have a right to see the e-mails
under the
state's freedom
of information
laws.
Richard and Mildred Loving's marriage became the subject
of a landmark
ruling when, in 1967, the US supreme court
ruled that the couple's arrest
under state law that said that inter-racial couples couldn't marry was unconstitutional.