Примери за използване на Impugned measure на Английски и техните преводи на Български
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Firstly, as with the impugned measures in the Funke and J.B. v.
Consequently, Germany was the only Contracting State which was proven to actually resort to the impugned measure.
The drug bubble obtained by the impugned measure was a decisive factor in the applicant? s conviction.
The Court reiterates that the expression“prescribed by law” requires firstly that the impugned measure should have a basis in domestic law.
However, since the impugned measures invoked national security as their basis, none of the appeals was examined(see paragraphs 35-46 above).
(ii) The words“in accordance with the law” require firstly that the impugned measure should have some basis in domestic law.
In the Government's view, the impugned measure had not gone beyond what had been necessary to secure evidence of the commission of a drugs offence.
The expression“in accordance with the law” requires, firstly, that the impugned measure should have some basis in domestic law.
It is true that, as was equally uncontested, the applicant was given the opportunity, which he took,of challenging the use of the drugs obtained by the impugned measure.
The Court will therefore determine whether the impugned measure pursued a legitimate aim in a proportionate manner having regard to the principles identified above.
The Court reiterated its settled case law that the expression'prescribed by law' required firstly that the impugned measure should have a basis in domestic law.
The manner in which the impugned measure was carried out was liable to arouse in the applicant feelings of fear, anguish and inferiority that were capable of humiliating and debasing him.
As regards the medical supervision of the administration of the emetics,the Court notes that the impugned measure was carried out by a doctor in a hospital.
Having regard to this and to the wording of Article 81a, the national courts? interpretation in our view does not disclose any arbitrariness, andtherefore we are satisfied that there was a sufficient legal basis for the impugned measure.
Furthermore, it was common ground between the parties that the drugs obtained by the impugned measure were the decisive element in securing the applicant's conviction.
Moreover, the applicant maintained that no anamnesis to establish his medical history andphysical condition had been obtained by a doctor prior to the execution of the impugned measure.
Having regard to all the circumstances of the case,the Court finds that the impugned measure attained the minimum level of severity required to bring it within the scope of Article 3.
As to the effects of the impugned measure on the suspect? s health, the Court notes that the parties disagree about whether the applicant has suffered any lasting damage to his health, notably to his stomach.
Consequently, the Court is not satisfied that the prosecuting authorities' decision to order the impugned measure was based on and required by medical reasons, that is, the need to protect the applicant's health.
Furthermore, the question whether the impugned measure would interfere with the individual's right to respect for family life and, if so, whether a fair balance is struck between the public interest involved and the individual's rights must be examined.
As regards the weight of the public interest in using the evidence to secure the applicant's conviction,the Court observes that, as noted above, the impugned measure targeted a street dealer who was offering drugs for sale on a comparably small scale and was finally given a six months' suspended prison sentence and probation.
Indeed, it could be said that, as the impugned measure purported to prevent a possible abuse of electoral law by the association itself or by other organisations in a similar situation, it served to protect the existing democratic institutions and procedures in Poland.
Moreover, in its judgment in Bosphorus Airways, the same Court discussed the issue ofits jurisdiction at length, without even hinting at the possibility that it might not be able to exercise review because the impugned measures implemented a resolution of the Security Council(Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi(Bosphorus Airways) v. Ireland[GC], no. 45036/98).
However, in the present case it was clear before the impugned measure was ordered and implemented that the street dealer on whom it was imposed had been storing the drugs in his mouth and could not, therefore, have been offering drugs for sale on a large scale.
Undoubtedly, as pointed out by the majority(judgment,§ 82),the manner in which the impugned measure was carried out“was liable to arouse in the applicant feelings of fear, anguish and inferiority that were capable of humiliating and debasing him”.
The Court does not therefore subscribe to the applicants' analysis of the impugned measure as being one of prior restraint in anticipation of any action which the association might or might not take in future and which could as well have been controlled by the exercise of the authorities' supervisory powers under sections 25 and 26 of the Law on associations.
The Court will first determine whether there could be said to have been,at the relevant time, a“pressing social need” to take the impugned measure- namely the refusal to register the association with the description in paragraph 30 of its memorandum of association(see paragraph 22 above)- in order to achieve the legitimate aims pursued.
The requisite subject matter connection between the Member State measures impugned and substantive EU rules(26) necessarily exists when a Member State levies a tax in breach of primary, and indeed secondary, EU law.
The applicant company contended that the impugned legislative provisions had been intended as emergency measures that were justified only by the fact that the sacrifice imposed on landlords was a temporary one.
We are also impugning other measures taken to promote the economic, social and territorial cohesion of the Union.