The Court managed to «square the circle» between these two positions and hinted at ways in
which judicial protection can be improved at the UN level (which I called «upward solanging»).
Not exact matches
Among them are the rights to: bullet joint parenting; bullet joint adoption; bullet joint foster care, custody, and visitation (including non-biological parents); bullet status as next - of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet joint insurance policies for home, auto and health; bullet dissolution and divorce
protections such as community property and child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence of a will; bullet joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance of jointly - owned real and personal property through the right of survivorship (
which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home; bullet veterans» discounts on medical care, education, and home loans; joint filing of tax returns; bullet joint filing of customs claims when traveling; bullet wrongful death benefits for a surviving partner and children; bullet bereavement or sick leave to care for a partner or child; bullet decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss of consortium tort benefits; bullet domestic violence
protection orders; bullet
judicial protections and evidentiary immunity; bullet and more...
Unconscionable conduct (agrees with NFF that they have not provided
protection and support reforms «to provide transparency in the supply chain» and recognise that «certain classes of suppliers... are predisposed to suffering from a special disadvantage...»; misuse of market power (legal framework must «level the balance of market power in negotiations...», «ensure transparency in the transmission of market prices» and «not allow for final market risks to be borne by the primary producer» and provide «transparency of contract processes» - specifically, Canegrowers supports effects test and a process giving ACCC greater power to «regulate anti-competitive behaviour and impose penalties», shifting «the decisions framework from the
judicial system to a regulatory system»
which would make it more accessible to small producers); collective bargaining (notes limits of Sugar Industry Act (Qld); authorisation and notification approval costly and limited and not a viable alternative - peak bodies should be able to «commence and progress collective bargaining with mills on behalf of their members» and current threshold too restrictive)» competitive neutrality (mixed outcomes - perverse outcomes in the case of natural monopolies - suggest remove «application of competitive neutrality provisions to natural monopoly essential services»)
Both sides will benefit, Democrats would get Downstate (
which in my humble opinion should be called the Commonwealth of New Amsterdam after the most progressive city in Europe and in reference to the city's history), a guaranteed two seats in the US Senate (+1 because Gillibrand did well Upstate in the last election, so 3 seats for the Democrats), guaranteed control of the
Judicial, Legislative, and Executive branches, and the once in a lifetime opportunity to write a state constitution to their own liking (firearms rights applies only to military and police, right to choose for women,
protections for LGBT New Yorkers, etc)
At today's public
protection budget hearing, a fairly stark Republican - Democrat debate formed over whether, facing a 2 percent cap, additional court funding should go to
judicial raises or an increase in civil legal services,
which helps the poor get legal representation in court.
Judith Baer maintains, however, that in fact American
judicial decisions have consistently denied individuals the form of equality to
which they are legally entitled — that the courts have interpreted constitutional guarantees of equal
protection in ways that undermine the original intent of Congress.
Nintendo also tried to introduce legislation to congress via lobbying in the form of the «Computer Software
Protection Act» (H.R. 5297)
which never made it through the House
Judicial review.
The Government of Catalonia has announced that it will challenge the constitutionality of the Ley, on the basis that it is contrary to Article 24 of the Spanish Constitution,
which guarantees effective
judicial protection.
Now it is clear that it may be difficult in the future to define with sufficient precision the two groups of implementing acts; still, the Advocate General is arguably correct in trying to give normative content to Article 52 (5) of the Charter
which maintains its effet utile of providing some sort of
judicial protection for Charter principles.
Accordingly the book opens with a part on EU Constitutional Law,
which ends however with a short chapter on
judicial review of the constitutionality of EU legislation, that almost naturally launches the series of articles on the EU Judicial Architecture in Part II, which in turn leads to Part III on Judicial Protection of Indi
judicial review of the constitutionality of EU legislation, that almost naturally launches the series of articles on the EU
Judicial Architecture in Part II, which in turn leads to Part III on Judicial Protection of Indi
Judicial Architecture in Part II,
which in turn leads to Part III on
Judicial Protection of Indi
Judicial Protection of Individuals.
This abstract idea is complemented by the more practical concern about the «full effectiveness of EU law» (para. 56), a central part of
which is the availability of «remedies sufficient to ensure effective
judicial protection for individual parties in the fields covered by EU law».
Professors Deakin and Morris make a similar point that «there remains a strong case for reviewing the band of reasonableness given that it is essentially a
judicial addition to the statutory formula and arguably one
which has done much to limit the effectiveness of the statutory
protection provided to employees, no matter how hallowed it has become with the passage of time».
Before arriving at this conclusion, the CJEU started its analysis under Article 47 of the Charter (
which provides that «everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law») and its related principle of effective
judicial protection (paras 77 - 78 (references derive from the Kendrion judgment)-RRB-.
This was buttressed, by Art 47 of the Charter of Fundamental Rights
which guarantees effective
judicial protection.
Its other recommendations include: greater
judicial case management, with specialist judges and early intervention; agreement on circumstances in
which parties might lose costs
protection; drawing up realistic budgets; and allowing the courts to continue to exercise cost - capping powers.
The procedural provisions of the Freedom of Information and
Protection of Privacy Act apply to the Commissioner, not the courts
which are bound rather by the legislation governing their procedures on
judicial review.
As far as the Charter is concerned, the Judge held that the establishment of a fee linked to the provision of a public service, the cost of
which can reach up to 10,500 euro, constituted an obstacle to the right of effective
judicial protection, as it is laid down in Article 47 of the Charter.
When considering the most appropriate forum for a dispute,
which may be the administrative or the
judicial system, we ask that this Court keep the importance of access to justice and the goals of human rights
protections in mind.
it is for the national court, in order to ensure effective
judicial protection in the fields covered by EU environmental law, to interpret its national law in a way
which, to the fullest extent possible, is consistent with the objectives laid down in Article 9 (3) of the Aarhus Convention.
Also, to enjoy the equal benefit and
protection of human rights guarantees, persons with disabilities must be able to seek remedies in an appropriate forum,
which could include the administrative or
judicial system.
The band,
which is supported by aboriginal chiefs in B.C. and Ontario, is seeking Federal Court
judicial review of the Canada - China Foreign Investment Promotion and
Protection Act, arguing extraction of resources by foreign interests could affect aboriginal rights.
(b) Acts undertaken by a prosecutor in preparing for the initiation of
judicial proceedings or for trial, and
which occur in the course of his role as an advocate for the State, are entitled to the
protections of absolute immunity.