Примери за използване на Flagrant denial на Английски и техните преводи на Български
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(2) Requirement for a flagrant denial of justice.
Other flagrant denial of the right to life, liberty, or security.
There must be a real risk of flagrant denial of justice.
Or other flagrant denial of the right to life, liberty, or the security of persons.
What, according to the European Court of Human Rights, does a flagrant denial of justice consist of?
Other flagrant denial of the right to life, liberty, or the security of such persons;
As a result, Mr Klein has been the victim of a flagrant denial of justice and this situation needs to be rectified.
Moreover, the second question submitted for a preliminary ruling expressly refers to a real risk of a flagrant denial of justice.
(3) Establishment of a flagrant denial of justice having regard to independence of the courts.
Can the lack of independence of the courts of the issuing Member State be regarded as constituting a flagrant denial of justice?
There is a flagrant denial of all institutions to identify and punish those responsible for one of the worst vices of the judicial system, regularly cited in the reports of the European Commission.
The European Court of Human Rights concluded that there was a real risk of flagrant denial of justice in the light of three factors.
A flagrant denial of justice goes beyond mere irregularities or lack of safeguards in the trial procedures such as might result in a breach of Article 6 if occurring within the Contracting State itself.
(3) How is it to be shown that the individual concerned runs a real risk of flagrant denial of justice in the issuing Member State?
The ECtHR held that there was no flagrant denial of justice because the applicant, whom a Pennsylvanian court had convicted in absentia of murder, could be retried on returning to Pennsylvania if he so requested.
The Committee on Legal Affairs has stated, and I quote:'the company has been the victim of a flagrant denial of justice' on the part of the Commission.
(78) Likewise, in order to ascertain whether there is a real risk of flagrant denial of justice, it takes account, in practice, not only of the situation in the country of destination, but also of the personal circumstances of the person concerned.
As a result, Mr Klein- and I am quoting the position of our own Committee on Legal Affairs here- has been the victim of a flagrant denial of justice.
I take the view that the executing judicial authority is required to postpone the execution of a European arrest warrant only where it finds not only that there is a real risk of flagrant denial of justice on account of deficiencies affecting the system of justice of the issuing Member State but also that the individual concerned will be exposed to that risk.
It cannot, to my mind, be ruled out that lack of independence of the courts of the issuing Member State may, in principle, constitute a flagrant denial of justice.
According to Advocate General Tanchev, the execution of a EU arrest warrant must be postponed where the competent judicial authority finds not only that there is a real risk of flagrant denial of justice on account of deficiencies in the system of justice of the issuing Member State but also that the person who is the subject of the warrant is exposed to such a risk.
LM is being prosecuted for drug trafficking and there is nothing in the case file tosuggest that such an offence or LM himself displays particular characteristics resulting in the alleged risk of flagrant denial of justice.
It is for the referring court to determine whether such contentions establish that LM, if surrendered to the issuing judicial authority,would be exposed to a real risk of flagrant denial of justice resulting from the deficiencies in the Polish system of justice, assuming that such a risk has been created.
It is apparent from the request for a preliminary ruling that under Irish law the executing judicial authority is required not to surrender the individual concerned if there is a real risk that he will be exposed in the issuing Member State to a flagrant denial of justice.(47).
Consequently, the answer to the first question should be that Article 1(3)of the Framework Decision must be interpreted as requiring the executing judicial authority to postpone the execution of a European arrest warrant where it finds not only that there is a real risk of flagrant denial of justice on account of the deficiencies in the system of justice of the issuing Member State but also that the person who is the subject of that warrant is exposed to such a risk.
Since that is, in my view, the case, I will then examine whether any breach of the right to a fair trial is capable of resulting in the execution of such a warrant being postponed, orwhether only a particularly serious breach, such as a flagrant denial of justice, must.
Sweden(2005) the Court found that if the applicant was returned to Syria he would face a real risk of a flagrant denial of a fair trial and a potential death sentence;
I would recall that, as the European Court of Human Rights has pointed out, the fact that there is a general problem concerning observance of human rights in a particular country(assuming this to be demonstrated)does not in itself establish that sending the person concerned to that country would expose him to a risk of flagrant denial of justice.
In support of his opposition to being surrendered, the person concerned submits, inter alia,that his surrender would expose him to a real risk of a flagrant denial of justice in contravention of Article 6 of the ECHR.
It found that neither the fact that he had given testimony for the defence before the International Criminal Tribunal for Rwanda, nor the fact that he had been head of the Rwandan Civil Aviation Authority, norhis conviction for destroying other people's property during the 1994 genocide exposed him to a flagrant denial of justice.