Sentences with phrase «wide discretion as»

A directive, which usually sets out high level policy objectives and confers a wide discretion as to how individual member states implement them.

But states have been given wide discretion as to the definition of «sufficient means».

According to recital 12 and Article 6 (4) the national authorities should merely provide a written confirmation of their situation and enjoy wide discretion as to the form and format of that confirmation.

Legislator Bill Meyer, who was chairman at the time, said the Legislature allowed Mahoney wide discretion as she first filled out her staff to create new titles and bump salaries.

Not exact matches

But, as I also said, the court is given wide latitude in determining who it permits to intervene, and I'm not willing to guess how that discretion will be used here.

However, even as you can see by the Credit cardholder's act that was passed in this climate, much remains fluffy and allows wide discretion and interpretation.

[4] Quite often, the challenged measures relate to policy areas where member states enjoy wide discretion (if not exclusive competence), which begs the question of whether the measures relate to a «field covered by EU law» if the measures only have to comply with the fundamental freedoms and the principle of non-discrimination and have no direct connection to the requirements of specific EU acts (such as directives and regulations).

[10] Hence, as a matter of EU law, the investors who benefited from the solar energy subsidies could not entertain legitimate expectations about the legality of the aid, and neither could they (as noted) challenge the scaling back under EU law as Spain enjoys wide discretion on how to reach its renewable energy goals.

For this wider circle of «other family members» (as opposed to the narrow circle of family members set out in Article 2 (2) of the Directive), Member States enjoy a broader margin of discretion and do not have to grant an «automatic» right of entry and residence (para 20).

Given discretion is so wide it is no wonder that a City partner recently confided to me that he approached costs awards in arbitration with the same fear as a naturist being asked to operate a barbecue.

Nonetheless the Court's view may have significant repercussions for third - country nationals, as it gives wide discretion to national courts to assess the facts of each case.

The problem is that there are no clear rules as to how finances are to be divided when divorce takes place and individual Judges have a wide discretion.

It is a flexible principle, which in an appropriate case will allow a wide margin of discretion to employers as to the appropriate special treatment to be accorded to pregnant employees and those on maternity leave, particularly where such advantages are not directly at the expense of their colleagues and do not cause them serious prejudice.

The «Ruta» [2000] 1 Lloyd's Rep 359: Chris acted for the wages Claimants (not Defendants as stated in the report) in this action in which David Steel J. declined to follow a supposed rule set out in a number of text books and instead applied the Admiralty Court's wide equitable discretion so as to accord priority to the claims of unpaid crew members above the claims of the holders of damage maritime liens.

35 -LSB-...] when, as in this case, a European institution has a wide discretion, the guarantees conferred by the Community legal order in administrative procedures is of an even more fundamental relevance.

Both judgments highlight the inherent problems posed by this approach, however, and make it clear that the court has wide discretion to evaluate the merits of such evidence on a case - by - case basis and to use its powers under Pt 32 to control or exclude it, as it sees fit.

While there can be no doubt that s. 130 affords trial judges wide discretion, this does not preclude the courts from developing legal doctrine that is applied with consistency, just as they have done with the entitlement to costs.

The court has a wide discretion to make such order as it thinks fit for giving relief in respect of the matters complained of in an unfair prejudice petition.

[49] The Rule, as written, gives the registrar wide discretion in determining the appropriate tariff amount.

The court has a wide discretion and will hear representations from the parties and the journalist as to whether exclusion is necessary.

It is well established that the Sixth Directive confers a wide discretion on the minister as to how he should implement Art 10.

In addition to concerns about the wide discretion that might be given to the judiciary to take what might be seen as «political» decisions, it is also far from clear that the provisions relating to the interpretation of retained EU law under Clause 6 of the Bill allow for a smooth transition.

Given the narrow ambit of the coroner's discretion as to how far he may enquire into a death there is a tranche of case law developing to enable the coroner's court to be more wide - ranging in its investigations into death.

A new survey suggests that big companies aren't good at telling law firms what they want, leaving the firms wide discretion to handle cases as they see fit.

This ambiguity conferred a wide discretion on member states as to how they implemented the legislative objectives.

Congress has wide discretion to legislate in a manner that limits the power to make executive orders and pass regulations, and can mandate that the administration issue regulations in a certain area or refrain from issuing regulations in a certain area where the Executive branch is denied discretion or denied the right to set overarching policies as opposed to deciding things on a case by case basis at a lower level in the bureaucracy.

There is bound to be an element of uncertainty in the use of the wide discretionary powers given to the court under the 1973 Act, and no doubt there always will be, because as social circumstances change so the court will have to adapt the ways in which it exercises discretion.»