Sentences with phrase «uniform application of the law»
The Law on Elections of the President of Ukraine was adopted on 25 March 1999... [But] selective interpretation and enforcement of legal provisions at various levels of the State structure prevented the uniform application of the law.
https://politics.stackexchange.com/ Not exact matches
As Laurens Ankersmit has argued with regard to Investor - state dispute settlement, «the ECJ particularly objects to the establishment of other courts for claims by individuals where questions of EU law are involved, since this is so central to the preliminary reference procedure and the uniform and consistent interpretation and application of EU law».
CONSIDERING that, as any national court, the Unified Patent Court must respect and apply Union law and, in collaboration with the Court of Justice of the European Union as guardian of Union law, ensure its correct application and uniform interpretation; the Unified Patent Court must in particular cooperate with the Court of Justice of the European Union in properly interpreting Union law by relying on the latter's case law and by requesting preliminary rulings in accordance with Article 267 TFEU;»
If Member States are enforcing substantive EU norms through administrative and criminal penalties, the CJEU clearly should be able to oversee uniform application of EU law, especially considering the fact that article 2 TEU states that the «Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities».
Given that the European Union's own resources include, as provided in Article 2 (1) of Council Decision 2007 / 436 / EC, Euratom of 7 June 2007 on the system of the European Communities» own resources (OJ 2007 L 163, p. 17), revenue from application of a uniform rate to the harmonised VAT assessment bases determined according to European Union rules, there is thus a direct link between the collection of VAT revenue in compliance with the European Union law applicable and the availability to the European Union budget of the corresponding VAT resources, since any lacuna in the collection of the first potentially causes a reduction in the second» (para. 26).
Additionally, [ICS is] likely to affect the autonomy of the European Union's legal order, as the investment tribunals» binding and enforceable decisions on state liability threaten the effective and uniform application of EU law.»
She justifies her approach, not surprisingly for EU lawyers, on grounds of effectiveness and uniform application of EU law (paras 46 to 48).
Exclusive federal jurisdiction at the trial level, combined with the U.S. Court of Appeals for the Federal Circuit's exclusive jurisdiction over patent appeals, helps to ensure the uniform application of patent law nationwide.
Only the autonomous character of EU law, i.e. self - referential nature, not depending for its validity and interpretation on national and international law, vests it with a constitutional character and the ability to ensure the effectiveness and uniform application of EU law.
It goes without saying that even though Ferreira de Silva case could be seen as a more lenient approach towards the relaxing of the acte clair doctrine [8] the CJEU will always strive for uniform and correct interpretation of EU law in order to avoid divergences in judicial decisions as well as different and conflicting application of EU law.
The common law no longer insists on the uniform application of the rigid test of irrationality once thought applicable under the so - called Wednesbury principle.
TITLE: UCC (Uniform Commercial Code) Article 2 Ontology: Legal Ontology of Sales Law Application to eCommerce.
Such an approach would be incompatible with the requirement of the uniform application of EU law.
49 In that regard, it should be stressed at the outset that the need for the uniform application of EU law and the principle of equality require that the terms of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the European Union, which must take into account the context of that provision and the purpose pursued (see, inter alia, Case C ‑ 204 / 09 Flachglas Torgau [2012] ECR, paragraph 37, and Case C ‑ 260 / 11 Edwards and Pallikaropoulos [2013] ECR, paragraph 29).
The National Conference of Commissioners on Uniform State Laws» Uniform Health Care Information Act states, «Because accurate health - care information is not only important to the delivery of health care, but for patient applications for life, disability and health insurance, employment, and a great many other issues that might be involved in civil litigation, this Act allows a patient to request an amendment in his record.»
Further, she authored an article, Inside the Minds: The Impact of the Uniform Collaborative Law Act, Chapter: Understanding the Collaborative Law Process and Its Applications.