Nevertheless, delivering different preliminary rulings on the same day can also be a signal to make it clear that, although the Court is not willing to abandon its cooperative strategy
towards national courts, it is ready to take some steps to avoid the abusive use of the acte clair doctrine that many national courts were making and which is contrary to the uniformity of EU law that the ECJ pursues through the preliminary ruling mechanism.
Furthermore, it would also be wrong to read a laissez - faire attitude into this approach of the Luxembourg Court
towards national courts.
Not exact matches
The
National Registration Department had not acted fairly
towards the applicant by insisting on a letter of release and order from the Sharia
Court.»
Last April, I watched the University of South Carolina women's basketball team win the
National Championship, celebrate on the
court, accept a trophy on a hastily created podium, and then proceed
towards the basket in an accepted - but - strange ceremony: cutting down the basketball nets.
My interest in this whole issue comes from the fact that if our law
courts especially the highest
court in Ghana, Supreme Court that is supposed to be final place in the country to deliver justice to all manner of persons regardless of one's political affiliation, religious beliefs, ethnic background etc in a just and fair manner is now seen to be turning into a place where citizens of Ghana who may belong to certain political affiliations do not feel confident or have trust in their handling of critical national issues in view of some of these «partisan» pronouncements on the part of some justices, then where would we be heading towards as a cou
court in Ghana, Supreme
Court that is supposed to be final place in the country to deliver justice to all manner of persons regardless of one's political affiliation, religious beliefs, ethnic background etc in a just and fair manner is now seen to be turning into a place where citizens of Ghana who may belong to certain political affiliations do not feel confident or have trust in their handling of critical national issues in view of some of these «partisan» pronouncements on the part of some justices, then where would we be heading towards as a cou
Court that is supposed to be final place in the country to deliver justice to all manner of persons regardless of one's political affiliation, religious beliefs, ethnic background etc in a just and fair manner is now seen to be turning into a place where citizens of Ghana who may belong to certain political affiliations do not feel confident or have trust in their handling of critical
national issues in view of some of these «partisan» pronouncements on the part of some justices, then where would we be heading
towards as a country?
«The
national convention of the PDP, in the exercise of its powers under section 12.88 of the PDP constitution, dissolved the National Working Committee and appointed some of its members as caretakers Committee for the next ninety (90) days, to enable it pursue true reconciliation of its disputant members towards peaceful, amicable and political settlement of the disputes leading to the cases i
national convention of the PDP, in the exercise of its powers under section 12.88 of the PDP constitution, dissolved the
National Working Committee and appointed some of its members as caretakers Committee for the next ninety (90) days, to enable it pursue true reconciliation of its disputant members towards peaceful, amicable and political settlement of the disputes leading to the cases i
National Working Committee and appointed some of its members as caretakers Committee for the next ninety (90) days, to enable it pursue true reconciliation of its disputant members
towards peaceful, amicable and political settlement of the disputes leading to the cases in
court.
The thoughtful, detailed analysis and judgment of the proposed move by the federal government to create a
national securities regulator shows how little improvement there really is likely to be for the individual investor in solving key problems: high fees for mutual funds, costly access to government of Canada securities, lack of fiduciary responsibility by the industry
towards investors, inadequate civil
court recourse against misbehaving financial firms, priority given to financial system protection over investor interests.
One final remark that arises from this case, is that although the
Court is willing to use Article 47 CFR to provide greater access to justice before
national courts, its approach
towards standing in direct actions by individuals on the basis of Article 263 (4) TFEU appears to remain rather conservative, regardless of the inclusion of the Charter since Lisbon.
As the CJEU did in Van Duyn, the EFTA
Court here insisted that despite the margin of appreciation
national authorities, they were required to have a clearly defined standpoint
towards the activities of such an organization, and must have taken administrative measures to counteract their activities considered a threat to public policy and / or public security (para 101).
The
Court is only confirming its flexible approach
towards the acte clair doctrine and reaffirming its will to keep a cooperative relationship with
national supreme
courts.
Quebec Superior
Court judge's sexist attitude
towards female defence lawyer calls for new trial, The
National Post
The CJEU implicitly made a step
towards the harmonisation of the general part of criminal law, trying to protect the EU competence from the growing cases of ultra vires decisions of
national Constitutional
Courts.
14.4 What is the approach of the
national courts in your jurisdiction
towards the defence of state immunity regarding jurisdiction and execution?
11.3 What is the approach of the
national courts in your jurisdiction
towards the recognition and enforcement of arbitration awards in practice?
3.3 What is the approach of the
national courts in your jurisdiction
towards a party who commences
court proceedings in apparent breach of an arbitration agreement?