Examples of using Procedural autonomy in English and their translations into Bulgarian
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Ecclesiastic
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National procedural autonomy and effectiveness.
This is certainly not inconsistent with the institutional and procedural autonomy enjoyed by the Member States.
Although the Member States have procedural autonomy, they must still observe the principles of equivalence and effectiveness.
The Commission observes that because Directive 2013/32 contains no common rules on time limits,the matter falls within the procedural autonomy of the Member States.
Those principles limit the procedural autonomy of the Member States.
The court proceeds in the manner set out above both when the proceedings are taking place in Slovenia andwhen the service of documents is carried out at the request of a court in another Member State(principle of national procedural autonomy).
CJEU case-law on national procedural autonomy and effective judicial protection.
Confirms that the recommendations annexed to this motion for a resolution respect fundamental rights,the principle of national procedural autonomy and the principles of subsidiarity and proportionality;
Although the Member States' procedural autonomy allows national courts to make such discretionary decisions subject to a strict review,(40) EU law does not require them to do so.
In accordance with the principle of proportionality, as set out in that Article, this Directive does notgo beyond what is necessary in order to achieve that objective, while respecting the principle of the procedural autonomy of the Member States.
The Polish Government points out that, according to the principle of procedural autonomy, it is for national law to determine which authority is responsible for certification.
In the absence of Community legislation in this area,the rules implementing the principle of res judicata are a matter for the national legal order, in accordance with the principle of the procedural autonomy of the Member States.
(12) However, the Court has consistently held that the Member States may in the exercise of their procedural autonomy introduce reasonable limitation periods for bringing proceedings, provided that they comply with the principles of equivalence and effectiveness.
(Reference for a preliminary ruling- Consumer credit contract- Unfair terms- Directive 93/13/EEC- Enforcement of an arbitration award- Application for leave to intervene in enforcement proceedings- Consumer protection association- National legislation which does not allow such an intervention- Procedural autonomy of the Member States).
The principle of equivalence means that, within the remit of its procedural autonomy, each Member State may decide on the means of exercise of the rights to defence and to be heard under conditions that are equivalent to those available in similar situations governed by domestic law.
In that regard, it should be pointed out that in paragraph 70 of that judgment the Court examined the criteria for institutional autonomy and procedural autonomy and in paragraphs 71 to 76 the economic autonomy criterion.
Does EU law, in particular the case-law of the Court of Justice on national procedural autonomy, allow the national court in principle to proceed on the assumption of the legality of such a licensing condition, unless it is clearly contrary to higher law, including EU law?
This is shown in particular by the decisions cited by the referring court in this regard,(21) and more generally by the Court's case-law on this issue which,whilst noting the principle of procedural autonomy, has framed that principle in the light of the principles of effectiveness and equivalence.(22).
As is clear from the considerations I put forward in answering the first question, in the absence of harmonisation of the detailed procedural rules governing enforcement proceedings,the issue of the right to appeal against a judgment ruling on an objection to mortgage enforcement is governed by the principle of procedural autonomy.
That question must be regarded as relating to the assessment of evidence and to the standard of proof,with the result that it is governed- in accordance with the principle of procedural autonomy and subject to the principles of equivalence and effectiveness- by national law.
(65) The Italian Government reads this last provision asleaving it to the States parties, as an aspect of their procedural autonomy, to regulate all procedural matters which are not expressly dealt with by the convention, and accordingly submits that the internal procedural rules apply for the purposes of determining which national court has territorial jurisdiction.
It is thus to the national court that it falls, on the basis of the evidence examined and all other evidence which it considers relevant, to determine whether the second criterion laid down in paragraph 67 of Portugal v Commission,namely the procedural autonomy criterion, is satisfied in the cases in the main proceedings.
While, in the absence of systematic regulation of national procedures by European Union law,it is therefore for the Member States, in the context of their procedural autonomy, to lay down the procedural rules applicable to actions brought before their courts, those rules must not infringe European Union law, including, in particular, the provisions of Regulation No 44/2001.
The Austrian Government goes on to contend that since Article 4(5) of Directive 2003/86 does not expressly specify the time by which the minimum age must be reached, it leaves the Member States a margin of discretion which,in accordance with the principle of procedural autonomy, allows them to determine it as they see fit.
However, due to the limitations EU law places on the procedural autonomy of the Member States, if national law provides for exceptions to the principle of res judicata, by allowing final judgments to be reopened in certain circumstances, then this exceptional path must also be open when the final judgment in issue is incompatible with EU law.(6).
Ireland submits that Article 23(3) of Directive 2005/85 should be interpreted in the light of Article 23 as a whole, as well as in the general context of that directive, taking account of its recitals, in particular recital 11,which recognises the principle of procedural autonomy of Member States in matters relating to the organisation of the processing of asylum applications.
In any event, as is apparent from paragraph 67 of Portugal v Commission,the essential criterion for the purpose of determining whether procedural autonomy exists is not the extent of the competence which the infraState body is recognised as having, but the possibility for that body, as a result of that competence, to adopt a decision independently, in other words, without the central government being able directly to intervene as regards its content.
Thus, the principle of solidarity, defined in Article 138 of the Constitution and according to which the State is to‘guarantee the effective implementation of the principle of solidarity laid down in Article 2 of the Constitution by endeavouring to establish a fair and adequate economic balance between the different parts of Spanish territory…',does not appear to call into question the procedural autonomy of the Historical Territories.
I recall that in the absence of EU rules on the recovery of national taxes unduly levied, it is for the domestic legal system of each Member State,in accordance with the principle of the procedural autonomy of the Member States, to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions at law for safeguarding the rights which taxpayers derive from EU law.
In respect of the implementation of those obligations by a national court giving judgment in default, it must be noted that, in the absence of EU legislation,the procedural rules governing appeal proceedings for safeguarding the rights that individuals derive from EU law fall within the internal legal order of the Member States by virtue of the principle of procedural autonomy of those Member States.