Sentences with phrase «unless national courts»

But unless national courts start using the huge implications of this kind of broad precedents, the CJEU will probably not be feeling the urge to limit their scope.

Under the proposed changes fewer cases would come before the court, as those «identical in substance to a claim that has been considered by a national court» would no longer be eligible - unless the national court had failed to interpret the convention correctly.

Technically, Ms Chávez - Vílchez could thus derive a residence right, unless the national court found that she did not fulfil the Directive's requirements for the lawful entry into a Member State — relevant here is Article 5 (1) and (4) of the Directive requiring the TCN family member to have valid travel documents upon entry.

Not exact matches

Since the right to fairly priced electricity is not a fundamental constitutional right and because HDL users are not part of a classification that have been subject to governmental discrimination historically, such as race, gender, national origin, etc., the PUD's decision will be allowed to stand unless a court finds that there was no «rational basis» for it.

The memo, which was circulated to prison governors on November 26th, reads: «The criminal casework directorate (CCD) of the Border and Immigration Agency have confirmed to us that as a rule they have no interest in pursuing foreign national prisoners serving sentences of less than 12 months for deportation unless they have a court recommendation for deportation, are already subject to deportation proceedings, or (in the case of non-EEA nationals) were sentenced to less than 12 months but where the current sentence plus one or two previous sentences within the last five years (taking account of the most significant sentences during the period) total 12 months or more.»

He noted (among other things) the decision of the Grand Chamber of the European Court of Human Rights (ECtHR) in Carson v United Kingdom [2010] ECHR 338, (2010) 51 EHRR 13 where (referring to its 2006 decision in Stec and others v UK (2006) 43 EHRR 1017, [2006] All ER (D) 215 (Apr)-RRB-, the court said: «Because of their direct knowledge of their society and its needs, the national authorities are in principle better placed than the international judge to appreciate what is in the public interest on social or economic grounds, and the court will generally respect the legislature's policy choice unless it is «manifestly without reasonable foundation&raCourt of Human Rights (ECtHR) in Carson v United Kingdom [2010] ECHR 338, (2010) 51 EHRR 13 where (referring to its 2006 decision in Stec and others v UK (2006) 43 EHRR 1017, [2006] All ER (D) 215 (Apr)-RRB-, the court said: «Because of their direct knowledge of their society and its needs, the national authorities are in principle better placed than the international judge to appreciate what is in the public interest on social or economic grounds, and the court will generally respect the legislature's policy choice unless it is «manifestly without reasonable foundation&racourt said: «Because of their direct knowledge of their society and its needs, the national authorities are in principle better placed than the international judge to appreciate what is in the public interest on social or economic grounds, and the court will generally respect the legislature's policy choice unless it is «manifestly without reasonable foundation&racourt will generally respect the legislature's policy choice unless it is «manifestly without reasonable foundation».

In arbitration, disputes are resolved with binding effect by a person or persons acting in a judicial manner in private, rather than by a national court of law that would have jurisdiction unless the parties have prior agreement to exclude it.

As to the second question, the Court held that the PTWD must be interpreted as meaning that it precludes, for the purpose of access to the pension scheme, national law from establishing a distinction between full - time judges and part - time judges remunerated on a daily fee - paid basis, unless such a difference in treatment is justified by objective reasons, which is a matter for the referring court to deterCourt held that the PTWD must be interpreted as meaning that it precludes, for the purpose of access to the pension scheme, national law from establishing a distinction between full - time judges and part - time judges remunerated on a daily fee - paid basis, unless such a difference in treatment is justified by objective reasons, which is a matter for the referring court to detercourt to determine.

In essence, the CJEU rejected this argument on the narrow basis that it was required to abide by the national court's decision requesting a preliminary ruling unless that decision had been overturned under the relevant national law (§ § 22 - 23).

The acte clair doctrine, first articulated in Cilfit (C - 283 / 81), states that in accordance with article 267 TFEU, a national court against whose judgment there is no higher appeal must refer a question to the ECJ when a question on the interpretation of EU law arises, unless the answer is «so obvious as to leave no scope for any reasonable doubt».

Unless the courts in the Member State where the child was habitually resident immediately before the wrongful removal or retention have already been seised by one of the parties, the court or central authority that receives the information mentioned in paragraph 6 must notify it to the parties and invite them to make submissions to the court, in accordance with national law, within three months of the date of notification so that the court can examine the question of custody of the child.

That the national standards legislation provide that an order for adoption of an Indigenous child is not to be made unless adoption is in the best interests of the child and that adoption of an Indigenous child be an open adoption unless the court or other decision maker is satisfied that an open adoption would not be in the best interests of the child.