Sentences with phrase «such interpretation»

Such an interpretation should be made cautiously given relatively low levels of anxiety symptoms in this typically developing sample.

Such an interpretation is a reach.

On this reading Regulation 9 (2) allows the native title holders to issue a broad executive authority to a PBC to make native title decisions on its behalf, but such an interpretation is at odds with the overall purpose of the consultation and consent provisions.

Such an interpretation is at odds with overall purpose of the consultation and consent provisions.

Such an interpretation is consistent with individuals of East Asian descent living in the USA suffering higher levels of major depression than Asians living in Asia when using the same diagnostic criteria (Chang, 2002).

«While there are other decisions of human rights tribunals that have found that remedies could be granted for a failure to satisfy a procedural duty to accommodate even though the accommodation of the particular person would impose an undue hardship on the employer, such decisions can not lead to a conclusion that such interpretation is reasonable or correct if that interpretation can not be supported by the applicable legislation.»

Such an interpretation was inconsistent with guidelines issued by international bodies and recommendations from the Council of Europe's Committee of Ministers.

In fact, such interpretation would result in the impossibility for students (as Fadi was when he wrote the post) working in law firm to draft memos, etc..

The court ruled that the tenant had no express right to a refund under the lease but indicated that it would be prepared to imply a term if the wording of the lease supported such an interpretation.

Such an interpretation demonstrates how widely CJA 2003 lends itself to a radical rapprochement between the facts of an allegation and a person's propensity to bad behaviour.

Such an interpretation would result in sentences inconsistent with the Code's own statement of principles, and would presume that the legislature intended to abolish the quantitative rationale for enhanced credit — that offenders should not be punished more severely because they were not released on bail — without clear language.

Such an interpretation is belied by the provision's plain language, case law, and elementary tenets of criminal and constitutional law.

Such an interpretation upholds the power of the JCC to make referrals to the KBA.

While we have found that as a matter of statutory interpretation, s. 13 (1) embraces the concept of the Internet, can such an interpretation withstand Charter scrutiny?

I am not so certain that one can so readily conclude that such an interpretation would necessarily result in a chilling effect.

On 6 March 2018 the Grand Chamber of the CJEU ruled in the Achmea decision (C - 284 / 16) that the bilateral investment treaty (BIT) between The Netherlands and the Slovak Republic violated EU law because it allowed an arbitral tribunal to interpret provisions of EU law in a dispute between investors and (Member) States, while such interpretation...

While one can not envision the precise parameters within which such an interpretation would take place, it is nonetheless useful for business lawyers to be able to advise their clients of the existence of this trend prior to entering into negotiations.

Such an interpretation can not be correct.

Mr. Laflamme's purpose is certainly met with such an interpretation.

The only limits to such interpretation are set by general principles of law, such as the principle of legal certainty and non-retroactivity (Pupino, para. 44).

The CJEU's answer is crystal clear: such an interpretation of Article 53 EU Charter would undermine the effectiveness of EU law and violate the principle of primacy of EU law.

Such an interpretation of Article 3 (1), which potentially makes linking to infringing content an act that infringes the right of communication to the public, would have created (too) much legal uncertainty.

She gave five reasons in particular why the scope of the exclusion clause should not be limited to the offenses outlined in Article 1 FDCT: firstly the wording refers to acts contrary to the purposes and principles of the UN and is not limited to terrorist offenses; secondly, such an interpretation would be at odds with the Geneva Convention in light of which the Qualification Directive should be interpreted; thirdly, the Qualification Directive as an instrument of asylum and humanitarian law and the FDCT are qualitatively different and derive from different areas of law; fourthly, it would unduly restrict the application of the exclusion clause and finally, fifthly, the fact that the FDCT is an instrument of variable geometry with varying application across the Union would lead to problems if it were used as criteria in defining terms for the purposes of the application of the Qualification Directive.

Under the Charter, such an interpretation requires the addition of a descriptive term in French where the company name is in a language other than French.

Additionally, courts give great deference to enforcing agencies to distinguish offenses from non-offenses, so it will be very difficult to get such an interpretation (on appeal).

Such an interpretation, viewed from a public protection context, could result in the respondent avoiding the protections afforded by professional regulation.

Mr. Mali's subsequent willingness to answer questions made such an interpretation even more reasonable.

Such an interpretation would effectively gut any realistic opportunity for the client to ever challenge a bill,» wrote Appeal Court Justice Jamie Saunders, noting that clients are often unable to assess the reasonableness of a lawyer's fees until consulting with other lawyers or people receiving similar services.

While Advocate General Bot expressed his concern regarding the effects such an interpretation would have on the conduct of transporters and customs officials in third states, the CJEU clearly did not find these issues relevant to its determination.

However, while that is true in principle, he elaborated that such an interpretation was contingent upon a «hermeneutical coherence» (cohérence herméneutique) between the different legal acts in question (para. 27).

Such an interpretation of FAA 1987, s 4 was necessary so as to meet the strong public policy factors in favour of setting off payments made by a tortfeasor.

What is, in my view, especially important in this case, is that the direct horizontality of these rights becomes relevant only «if need be», i.e. if the national court can not «guarantee the full effectiveness of those articles» indirectly, through interpretation [§ 79]-- and the Court has offered an unusually detailed account of how such interpretation could be reached, in the light of EU fundamental rights.

Should we avoid the possibility of such an interpretation of «due process» in Canada by using a more precise term to guarantee the rule of law?

In rejecting the idea that the Charter could imbue the Directive with a right to be forgotten, the Advocate General emphasised that such an interpretation would entail the sacrifice of the rights to freedom of information and expression [133].

Also, would such an interpretation impact on the notion of personal data by narrowing it to data which an entity knows relates to an identified or an identifiable person?

Given that such an interpretation would merely constitute a precision of existing rights, it would not breach Article 51 (2) of the Charter by extending the rights granted under EU law [126].

For another, following the prevailing interpretation given to EU law, begs the question what happens if no such interpretation exists.

Such an interpretation in Wintersteiger would certainly increase legal uncertainty.

Such an interpretation would be inconsistent with the reality of the Internet environment, where no real distinction is made between scrolling through a document and using a hyperlink.

Such an interpretation would have an enormous influence on the effectiveness of the ECHR in the national legal orders of the Member States and on the Court's powers to interpret the ECHR.

Such an interpretation does not take into account that the aid is in fact an advantage which is enjoyed by an undertaking throughout time and until it is removed with recovery, and that — from this perspective — the moment in which the contract was granted does not have particular relevance.

The interpretation of that provision advocated by AC ‑ Treuhand would be liable to negate the full effectiveness of the prohibition laid down by that provision, in so far as such an interpretation would mean that it would not be possible to put a stop to the active contribution of an undertaking to a restriction of competition simply because that contribution does not relate to an economic activity forming part of the relevant market on which that restriction comes about or is intended to come about.»

The Court did not accept such an interpretation.

In Lord Simon's opinion, such an interpretation was borne out by the purpose of the legal rule, ie «that reasonable people may venture out in public without the risk of outrage to certain minimum accepted standards of decency».

Moreover, the U.S. State Department — whose Office of Children's Issues serves as the Central Authority for the United States under the Convention has long espoused and argued for — such an interpretation and the U.S. Government submitted an amicus brief supporting the father's position.

Such an interpretation would directly conflict with the «pro-enforcement bias» of the Convention and its intention to remove obstacles to confirmation of arbitral awards.»

In fact, such an interpretation is required so as not to defeat the purpose of the legislation.

Such an interpretation would provide fertile ground to argue that the right to access particular therapies fell within its ambit.

In particular, such an interpretation would entail that two different unaccompanied children of the same age and who have applied at the same for the refugee status, would be treated differently with regards to their right to family reunification depending on how quick or slow the national authorities would process their application (paras 55 - 56).

The School Board advanced the position that such an interpretation would negatively affect the public interest, as it would effectively redirect public funds that could be used to enhance the educational services it provided to the benefit of the party at fault for a motor vehicle accident.