Examples of using Contested joint in English and their translations into Finnish
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Colloquial
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Official
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Medicine
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Ecclesiastic
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Official/political
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Computer
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Programming
Article 8 of the contested joint action provides.
Contested Joint Action cannot be declared inapplicable in the present case, as it did not authorise the Council to adopt the contested decision in breach of Article 47 EU.
According to Article 1(1) of the contested joint action,‘[t]he objectives of this Joint Action are.
While referring to the arguments concerning the contested decision,the Council and the Netherlands, Swedish and United Kingdom Governments submit that, in any event, the contested joint action was adopted in full compliance with Article 47 EU.
The contested joint action', in particular Title II thereof.
Declare illegal and hence inapplicable the contested Joint Action, in particular Title II thereof.
Article 12 of the contested Joint Action provides that it is to enter into force on the date of its adoption, without specifying the addressees.
Note that the expression‘small arms' in the body of the contested Joint Action includes‘light weapons' see point 9 above.
Article 1(1) of the contested joint action sets out as objectives the combating of the destabilising accumulation and spread of small arms, the contribution to the.
It must be borne in mind that the Commission in no way disputes that Article 3 of the contested Joint Action, like most of the other provisions of Title I of that act, fall within the scope of the CFSP. 90.
The fact that the contested joint action was implemented by other decisions adopted under Title V of the EU Treaty, the legality of which the Commission has not challenged, cannot determine the outcome of the present case.
As legal basis, the contested decision cites the contested Joint Action, in particular Article 3 thereof, and Article 23(2) EU.
Title II of the contested Joint Action, headed‘Contribution by the Union to specific actions', provides in particular for financial and technical assistance to programmes and projects which make a direct and identifiable contribution to the principles and measures referred to in Title I.
As its legal basis,the contested decision refers to the contested joint action, in particular Article 3 thereof, in conjunction with Article 23(2) EU.
Such a finding would not mean, however, that the Court cannot take those articles into account whenexamining the legality of the contested decision, having regard to the fact that the only citation in the preamble to the latter refers to Article 3 of the contested Joint Action.
On 2 December 2004, the Council adopted the contested decision,which implements the contested joint action with a view to a contribution by the Union to ECOWAS in the framework of the Moratorium on Small Arms and Light Weapons.
The 1997 Programme was supplemented and strengthened by Council Joint Action 1999/34/CFSP of 17 December 1998 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons,which was replaced by the contested Joint Action in 2002.
This conclusion is not called into question by the Council's argument that the Commission's submissions show that the alleged unlawfulness of the contested Joint Action was apparent when it was adopted, so that the Commission is barred from pleading that it is unlawful.
In so far as the contested decision is based on the contested joint action, the Commission relies on Article 241 EC in order to invoke the inapplicability of that joint action, in particular Title II thereof, on the ground that it also infringes Article 47 EU.
First of all, I consider that the first limb of the Council's objection of inadmissibility, which is worded in a general way andclaims that the Court has no jurisdiction to adjudicate on the plea that the contested Joint Action is illegal, must be dismissed for reasons similar to those set out in point 31 above.
Under Article 7(1) of the contested joint action, the Council is to decide on the allocation of the financial and technical assistance referred to in Article 6(1) of the joint action, on the priorities for the use of those funds and on the conditions for implementing specific actions of the Union.
In supporting the conversion of that political initiative of ECOWAS into a binding regional convention, the contested decision thus gives its support,in accordance with Article 3 of the contested Joint Action, to the prevention of a new accumulation of small arms and light weapons in West Africa likely to destabilise(even further) that region.
In view of those characteristics, and even though the contested Joint Action undeniably, at least with regard to Title II, has an operational aspect inherent in the very nature of such an act, it has in no way, including in relation to Title II, the character of a decision vis-à-vis the Commission such as to make the Commission its addressee.
Without thereby calling in question the jurisdiction of the Court to rule on the action, the Council, supported by the Spanish and United Kingdom governments, submits,in particular with regard to the plea based on the illegality of the contested joint action, that the Court has no jurisdiction to rule on the legality of a measure falling within the CFSP.
The conclusion that the objectives of the contested joint action can be implemented both by the Union, under Title V of the EU Treaty, and by the Community, under its development cooperation policy, corresponds, in the end, to the approach advocated by the Union's institutions and by the European Council in numerous documents.
Therefore the question to be examined by the Court in the present case is whether, by virtue of the competences conferred upon the Community in relation to development cooperation, the contested decision,having regard to its objective and its content, and in the light of the contested Joint Action which it aims to implement, could have been adopted by the Commission under Title XX of the EC Treaty.
If the contested Joint Action is of a legislative or general nature within the meaning of the Court's caselaw and therefore resembles a regulation for the purpose of Article 241 EC, the Commission, like any party, may use the method laid down by that provision to mount a collateral challenge to the Council's power to adopt that act.
Among the principles and measures which must be realised in order to prevent the further destabilisingaccumulation of small arms, Article 3 of the contested joint action refers to commitments by all the countries concerned regarding the production, export, import and holding of those arms, as well as the establishment and maintenance of national inventories of weapons and the establishment of restrictive national weapons legislation.
It cannot be inferred from the contested joint action that the implementation of the campaign against the proliferation of small arms and light weapons which it sets out will necessarily take the form of measures which pursue CFSP objectives, such as the preservation of peace and the strengthening of international security, rather than objectives of Community development policy.
Furthermore, it has not been alleged, in support of the objection of inadmissibility to the plea of illegality, that the contested Joint Action had the character of an individual decision vis-à-vis the Commission, and neither the Council nor the Spanish or the United Kingdom governments have disputed the general nature of the contested Joint Action rightly asserted by the Commission.