Sentences with phrase «wide discretion on»

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

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

Section 9 of HA 1998 confers wide discretion on courts dealing with possession claims, which is sufficient to permit adjournments of claims in appropriate circumstances.

[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.

While state judges are guided by procedural rules, federal judges have wide discretion on how to run trials when it comes to emerging online technologies — with some guidance from precedent.

Not exact matches

The proposed rule provides wide discretion to the EPA administrator — and only the administrator — to grant exemptions to the transparency requirement on a case - by - case basis.

There is no district - wide policy on homework so teachers and principals can use their own discretion.

On August 17, 2017, the Department of Education announced its illegally gutting of the gainful employment regulation by allowing all failing programs to enroll students without warning them, allowing all programs to appeal ratings based on data that may significantly overstate the actual earnings of their graduates, and giving Secretary DeVos wide discretion to change a program's ratinOn August 17, 2017, the Department of Education announced its illegally gutting of the gainful employment regulation by allowing all failing programs to enroll students without warning them, allowing all programs to appeal ratings based on data that may significantly overstate the actual earnings of their graduates, and giving Secretary DeVos wide discretion to change a program's ratinon data that may significantly overstate the actual earnings of their graduates, and giving Secretary DeVos wide discretion to change a program's rating.

its illegally gutting of the gainful employment regulation by allowing all failing programs to enroll students without warning them, allowing all programs to appeal ratings based on data that may significantly overstate the actual earnings of their graduates, and giving Secretary DeVos wide discretion to change a program's rating.

FUSE's management agreements with public school systems gave it wide discretion over spending on salaries, rents, curriculum, equipment and other items.

«A judicially imposed starting point in this jurisdiction constrains the «wide latitude» and «broad discretion» accorded to sentencing judges by the Supreme Court of Canada, stifles that sentencing discretion and results in a chilling effect on the ability of sentencing judges to craft individualized dispositions.»

That said, there sure wasn't a lot of publicity about it, and it depends enormously on the discretion of the enforcing officers — in a way that would be less surprising for a more normal conception of «public work» than a wide swath of downtown Toronto.

A fascination of this case is to watch a judge treading a careful path between the technicalities of issue estoppel and a possible strike out on the one hand, balanced against a clear emphasis on the court's duty to protect the welfare of a child in the widest possible sense: the first a matter of analysis of law, the second a matter of pure discretion.

Courts have a wide discretion to redistribute property on divorce, which they exercise according to the principles set out in s 25 of the Matrimonial Causes Act 1973 (MCA 1973) and the concept of «fairness».

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.

According to this extensive story from the New York Times, «Where Faith Abides, Employees Have Few Rights» (Nicole Bengiveno, 10/9/06), courts have expanded the «ministerial exception» — which gives religious institutions wide discretion over employment - related decisions related to a «core expression of religious belief» — to apply in situations that do not, on their face, implicate religious issues.

Generally speaking, law enforcement has wide discretion to decide which cases to focus on and try to have prosecuted, and which cases the leave be.

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.

It held that the trial court was within its rather wide discretion to decide discovery issues when it restricted the scope of the doctor's second deposition, especially since the list of questions was based on a document prepared by the plaintiff.

Recently, judges have used their wide discretion to ease some financial burden that weighs on Charter litigants.

This approach was, however, criticised by the minority on the basis that it was too vague and too wide, converting a legal principle into the exercise of judicial discretion.

The 1996 act gives arbitration tribunals a wide discretion to decide on matters, subject to the parties» right to agree on this.

Such wide discretion is in fact not unlimited, and can not be used to «whitewash» items which «were in breach of building regulations, were flawed on a functional level or which were a result of poor workmanship rather than a conscious aesthetic decision.»

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.

However, the court will inevitably continue to rely on the very wide discretion afforded by statute.

National arbitration statutes generally contain only limited provisions on disclosure and recognise parties» autonomy to determine procedural issues, while institutional rules usually give tribunals a wide discretion in relation to disclosure, ranging from ordering parties to produce any documents they consider relevant (Art 22 (1)(e), LCIA Rules), to granting them a general mandate to establish facts through appropriate means (Art 25, ICC Rules).

But when the court did just that on Oct. 14, it drew wide criticism for missing an opportunity to resolve a long - running dispute over judicial discretion in sentencing.

Probate and family court judges had wide discretion and little guidance, and unpredictable court results could depend on who your judge was and other seemingly capricious factors.