[permalink] [id link]
: The Court has consistently held that the purpose of Article 90 EC Article 110, as a whole, is to ensure the free movement of goods between the member states under normal conditions of competition, by eliminating all forms of protection which might result from the application of discriminatory internal taxation against products from other member states, and to guarantee absolute neutrality of internal taxation as regards competition between domestic and imported products.
from
Wikipedia
Some Related Sentences
Court and has
For lawyers, reflecting perhaps their parochial preferences, there has been a special fascination since then in the role played by the Supreme Court in that transformation -- the manner in which its decisions altered in `` the switch in time that saved nine '', President Roosevelt's ill-starred but in effect victorious `` Court-packing plan '', the imprimatur of judicial approval that was finally placed upon social legislation.
-- Indonesia Military Supreme Court has confirmed the death sentence passed on Alan Lawrence Pope, an American pilot.
By making inroads in the name of law enforcement into the protection which Congress has afforded to the marriage relationship, the Court today continues in the path charted by the recent decision in Wyatt v. United States, 362 U.S. 525, where the Court held that, under the circumstances of that case, a wife could be compelled to testify against her husband over her objection.
The Attorney General of California concurs in this interpretation and has filed an appeal from these decisions to the District Court of Appeal.
As a school district, the District of Columbia has had desegregated schools since 1954, shortly after the Supreme Court decision.
Judicial opinion since the Supreme Court decision on Shelley v. Kraemer ( 1948 ) has rendered racial restrictive covenants unenforcible.
One of those capital-gains ventures, in fact, has saddled him with Gore Court.
The decision by the Illinois Supreme Court has been cited by numerous other courts in the nation.
In New Jersey, for example, the Administrative Office of the Court has promulgated a form of notice of appeal for use by appellants, though using this exact form is not mandatory and the failure to use it is not a jurisdictional defect provided that all pertinent information is set forth in whatever form of notice of appeal is used.
The Supreme Court of Virginia has stated that '" This Court has repeatedly held that the effect of an appeal to circuit court is to " annul the judgment of the inferior tribunal as completely as if there had been no previous trial.
Examples of such courts include the New Jersey Court of Errors and Appeals ( which existed from 1844 to 1947 ), the Connecticut Supreme Court of Errors ( which has been renamed the Connecticut Supreme Court ), the Kentucky Court of Errors ( renamed the Kentucky Supreme Court ), and the Mississippi High Court of Errors and Appeals ( since renamed the Supreme Court of Mississippi ).
Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals, which only hears appeals raised in criminal cases, and the United States Court of Appeals for the Federal Circuit, which has general jurisdiction but derives most of its caseload from patent cases, on the other hand, and appeals from the Court of Federal Claims on the other.
* 2001 – Alabama Supreme Court Chief Justice Roy Moore has a Ten Commandments monument installed in the judiciary building, leading to a lawsuit to have it removed and his own removal from office.
Court and consistently
The club have consistently affirmed their desire to keep Chelsea at their current home, but Chelsea have nonetheless been linked with a move to various nearby sites, including the Earls Court Exhibition Centre, Battersea Power Station and the Chelsea Barracks.
The Court has consistently found that the conduct of the federal government is too far removed from individual taxpayer returns for any injury to the taxpayer to be traced to the use of tax revenues.
The Dutch Supreme Court has consistently ruled that it is forbidden for judges to test laws and administrative acts against the Statute.
Over the years, the Supreme Court has consistently held that the language of the Commerce Clause contains a further, negative command prohibiting certain state taxation even when Congress has failed to legislate on the subject.
" What that language meant, the Court wrote, was certain areas of speech " can, consistently with the First Amendment, be regulated because of their constitutionally proscribable content ( obscenity, defamation, etc.
The biggest democratic difficulties for the European Union are the low popular interest in the EU, the already low and consistently decreasing turnout in elections to the European Parliament, the divide between politicians and the general population on european integration, the complicated and technocratic nature of EU decision-making processes, and the activism of the European Court of Justice.
Supporting the law is that the Supreme Court has consistently ruled that Congress, under the interstate commerce clause, has the authority to regulate items that enter, or could enter, the stream of commerce ; guns can easily be transported across state lines.
Multiple Defence requests that she stand down from this position have been consistently rejected by both the Trial Chamber and Supreme Court Chambers on their merits.
Harlan was also the most stridently anti-imperialist justice on the Supreme Court, arguing consistently in the Insular Cases that the Constitution did not permit the demarcation of different rights between citizens of the states and the residents of newly acquired territories in the Philippines, Hawaii, Guam and Puerto Rico, a view that was consistently in the minority.
* 1998: Linda Greenhouse, The New York Times, for her consistently illuminating coverage of the United States Supreme Court.
In 2010, he stated, “ I support the Roe v. Wade Supreme Court decision ; however, I oppose federal funding of abortions ( Hyde Amendment ) and support banning of so-called partial-birth abortions .” He consistently voted for bills banning the practice of late term or partial-birth abortion, including H. R.
The Court Circular shows that she was usually known by that title until early 1886, when the Circular began to consistently refer to her by her husband's title, i. e. " HSH Princess Edward of Saxe-Weimar " ( Laura Seymour, sister of the 5th Marquess of Hertford and morganatic wife of Queen Victoria's nephew, HSH Prince Victor of Hohenlohe-Langenburg, was also belatedly accorded her husband's princely style by an announcement in the Court Circular dated 15 December 1885.
The Supreme Court has consistently held that Fifth Amendment due process means substantially the same as Fourteenth Amendment due process, and therefore the original meaning of the former is relevant to the incorporation doctrine of the latter.
In 1969 he noted that the Supreme Court had consistently " rejected all manner of prior restraint on publication.
( Of the so called four horsemen of the US Supreme Court who consistently opposed the " New Deal ": Van Devanter resigned May 18, 1937 ; Sutherland resigned January 17, 1938 ; Butler died November 16, 1939 ; McReynolds resigned January 31, 1941 )
But, by the 1930s, the Court began consistently reasoning that the Fourteenth Amendment guaranteed citizens First Amendment protections from even state and local governments, a process known as incorporation.
It states that the government had " systematically and in a pre-planned manner removed inconvenient bureaucrats from positions of power, dismantled and diluted the security apparatus and infrastructure, lied consistently to the high court and the Supreme Court of India and to the people of India to evade constitutional governance and thus betrayed the confidence of the electorate ".
The Court has consistently found that classifications based on race, national origin, and alienage require strict scrutiny review.
( 2 ) The absence of constitutional provisions for alternate methods of action does not imply their prohibition by the Constitution, and the Court has consistently read the Constitution to respond to contemporary needs with flexibility.
His wife was being consistently overworked by the Court, and Wednesday, after being abused by the presiding judge, who had yelled at her threateningly, she had come home sick, early, on the brink of a nervous breakdown.
* The USC College of Law has been consistently in the Top Ten Law Schools in the Philippines ( based on the Supreme Court Statistical Data ), placing 2nd to Ateneo de Manila University in the 2005 Bar Exams and 4th in the 2006 Bar exams ( based on new candidates ).
The Court has consistently denied review in every case raising that possibility for the past few decades, which is why every circuit has its own test for when such injunctions should be issued.
Court and held
The Court held that federal jurisdiction should not be exercised lest the domestic policy of the state be obstructed ; ;
The Court held that Congress had intended the federal judiciary to `` fashion '' an appropriate law of labor-management contracts.
However, the Federal Court held that since the State had accepted the provisions of the Wagner-Peyser Act into its own Code, and presumably therefore also the regulations, it was now a State matter.
The High Court held that the company must apply its percentage allowance to the value of the raw materials removed from the ground, not to the revenue from finished products.
However, it was held by the Supreme Court that an affidavit can be used as an evidence only if the Court so orders for sufficient reasons.
The Act overturns a 1999 U. S. Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures ; it specifically provides that such impairment must be determined without considering such ameliorative measures.
The Supreme Court held that for the plea to be accepted, the defendant must have been advised by a competent lawyer who was able to inform the individual that his best decision in the case would be to enter a guilty plea.
As evidence existed that could have supported Alford's conviction, the Supreme Court held that his guilty plea was allowable while the defendant himself still maintained that he was not guilty.
" In the 1999 South Carolina Supreme Court case State v. Gaines, the Court held that Alford guilty pleas were to be held valid in the absence of a specific on-the-record ruling that the pleas were voluntary – provided that the sentencing judge acted appropriately in accordance with the rules for acceptance of a plea made voluntarily by the defendant.
The Court held that a ruling that the plea was entered into voluntarily is implied by the act of sentencing.
In the 2006 case before the United States Court of Appeals for the Fifth Circuit, Ballard v. Burton, Judge Carl E. Stewart writing for the Court held that an Alford guilty plea is a " variation of an ordinary guilty plea ".
The Supreme Court of the United States held in its landmark case, McGowan v. Maryland ( 1961 ), that Maryland's blue laws violated neither the Free Exercise Clause nor the Establishment Clause of the First Amendment to the United States Constitution.
The school appealed the IRS decision all the way to the U. S. Supreme Court, arguing that the University met all other criteria for tax-exempt status and that the school's racial discrimination was based on sincerely held religious beliefs, that " God intended segregation of the races and that the Scriptures forbid interracial marriage.
" The university was not challenged about the origin of its interracial dating policy, and the District Court accepted " on the basis of a full evidentiary record " BJU's argument that the rule was a sincerely held religious conviction, a finding affirmed by all subsequent courts.
As another example, the Supreme Court of the United States in 1877, held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing common-law marriage, because the statute did not affirmatively require statutory solemnization and was silent as to preexisting common law.
In 1938, the U. S. Supreme Court in Erie Railroad Co. v. Tompkins 304 U. S. 64, 78 ( 1938 ), overruled earlier precedent, and held " There is no federal general common law ," thus confining the federal courts to act only as interpreters of law originating elsewhere.
1.712 seconds.