Примеры использования Has to be exhausted на Английском языке и их переводы на Русский язык
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Official
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Colloquial
The Committee[was] therefore of the opinion that, in the circumstances,such a possibility is not a remedy that has to be exhausted for purposes of article 5, paragraph 2(b), of the Covenant.
The Committee recalls its previous jurisprudence,according to which the State party's supervisory review procedures against court decisions that have entered into force do not constitute a remedy that has to be exhausted for purposes of article 5, paragraph 2(b), of the Optional Protocol.
He further submits that, according to the established jurisprudence of the Committee,the supervisory review procedure is not an effective domestic remedy that has to be exhausted, and adds that an appeal submitted under that procedure would not automatically result in the consideration of the substance of the case.
The Committee recalls its previous jurisprudence,according to which the State party's supervisory review procedures against court decisions which have entered into force do not constitute a remedy which has to be exhausted for purposes of article 5, paragraph 2(b), of the Optional Protocol.
The author further submits that, according to the Committee's established jurisprudence,the supervisory review procedure is not an effective domestic remedy that has to be exhausted, as required under the Optional Protocol, and adds that an appeal submitted under that procedure would not automatically result in the consideration of its substance.
The Committee recalls its jurisprudence,according to which this kind of procedure for the review of court decisions that have entered into force does not constitute a remedy which has to be exhausted for the purposes of article 5, paragraph 2(b), of the Optional Protocol.
The Committee recalls its jurisprudence,according to which procedures for the review of court decisions that have taken effect does not constitute a remedy which has to be exhausted for the purposes of article 5, paragraph 2(b), of the Optional Protocol.
The Committee recalls its previous jurisprudence,according to which supervisory review procedures against court decisions which have entered into force do not constitute a remedy, which has to be exhausted for purposes of article 5, paragraph 2(b), of the Optional Protocol.
The Committee recalls its previous jurisprudence,according to which supervisory review procedures against court decisions which have entered into force do not constitute a remedy which has to be exhausted for the purposes of article 5, paragraph 2(b), of the Optional Protocol.
The Committee recalls its jurisprudence, according to which the State party's supervisory review proceedings beforethe Prosecutor General's Office, allowing the review of court decisions that have taken effect, do not constitute a remedy that has to be exhausted for the purposes of article 5, paragraph 2(b), of the Optional Protocol.
The Committee recalls its jurisprudence, according to which a petition for supervisory review to a Prosecutor's Office, allowing for review of court decisions that have taken effect,does not constitute a remedy which has to be exhausted for the purposes of article 5, paragraph 2(b), of the Optional Protocol.
The Committee recalls its jurisprudence according to which a petition for supervisory review to a prosecutor's office against a judgment having the force of res judicata does not constitute an effective remedy which has to be exhausted for the purposes of article 5, paragraph 2(b), of the Optional Protocol.
The Committee recalls its jurisprudence, according to which the State party's supervisory review proceedings before the Office of the Procurator-General,allowing a review of court decisions that have taken effect does not constitute a remedy that has to be exhausted for the purposes of article 5, paragraph 2(b), of the Optional Protocol.
The Committee recalls its jurisprudence,according to which the State party's supervisory review proceedings before the Prosecutor General's Office allowing the review of court decisions that have taken effect do not constitute a remedy which has to be exhausted for the purposes of article 5, paragraph 2(b), of the Optional Protocol.
If recourse to the courts can be taken, these legal remedies have to be exhausted, i.e. recourse must be had to all instances.
In this context, the Committee recalls that only such remedies have to be exhausted which are both available and effective.
Strikes were not illegal although a protracted procedure of mediation and reconciliation had to be exhausted first.
Only Available and Effective Remedies Need to be Exhausted As mentioned above, only available andeffective remedies have to be exhausted.
What were the local remedies that had to be exhausted before women could file complaints with the Ombudsman?
In this regard, he notes that the Committee has previously concluded that the supervisory review procedure constituted an extraordinary means of appeal andwas not a remedy, which had to be exhausted for purposes of article 5, paragraph 2(b), of the Optional Protocol.
In accordance with the Optional Protocol as a general rule all available domestic remedies have to be exhausted,"unless the application of such remedies is unreasonably prolonged or unlikely to bring effective relief.
The Committee considered that, in the absence of legal aid, a constitutional motion did not,in the circumstances of the instant case, constitute an available remedy which had to be exhausted for purposes of the Optional Protocol.
The Committee considers that it is a basic requirement under article 14,paragraph 7(a), that domestic remedies have to be exhausted by the petitioners themselves and not by other organizations or individuals.
The application for asylum and the ensuing application for a judicial review, notwithstanding the doubt as to its effectiveness, as discussed above, are remedies that,in the complainant's view, have to be exhausted.
In that context, he noted that the State party had signed the Optional Protocol to the Convention, butstressed that the right to appeal to the Committee assumed the existence of effective domestic legal remedies, which had to be exhausted before turning to the Committee.
In this regard, they note that the Committee has previously concluded that the supervisory review procedure constituted an extraordinary means of appeal that was dependent on the discretionary power of a judge orprosecutor and was not a remedy, which had to be exhausted for purposes of article 5, paragraph 2(b), of the Optional Protocol.
He also mentioned that in its decision concerning communication No. 1814/2008, Levinov v. Belarus,the Committee had recalled that an appeal to the Prosecutor General with a request to have a protest motion filed under the supervisory proceedings did not constitute a remedy, which had to be exhausted for purposes of article 5, paragraph 2(b), of the Optional Protocol.
It should further be noted that the fact that the author's appeals were heard after Portugal no longer had jurisdiction over Macao in no way implies that these remedies ceased to be domestic remedies which had to be exhausted before a communication could be submitted against Portugal.
It concluded that the supervisory review proceedings in the State party could not be considered a domestic remedy that had to be exhausted under article 35 of the European Convention on Human Rights before lodging an application before the Court, since the supervisory review proceedings in respect of legally binding judgements could be conducted through multiple instances, with the ensuing risk that the case could go back and forth from one instance to another for an indefinite period.
While conceding that the decision of the Regional Public Prosecutor acting on appeal cannot be appealed to a higher authority, and that private parties cannot bring charges under section 5 of Act No. 459 before the courts, the State party denies that the petitioner has exhausted available domestic remedies,since such remedies have to be exhausted by the petitioners themselves and not by other organizations or individuals.