Examples of using Procedural autonomy in English and their translations into Polish
{-}
-
Colloquial
-
Official
-
Medicine
-
Ecclesiastic
-
Ecclesiastic
-
Financial
-
Official/political
-
Programming
-
Computer
The procedural autonomy criterion.
Furthermore, as an important principle of subsidiarity,Member States enjoy procedural autonomy.
Therefore it would, in my view, be consistent with the principle of procedural autonomy of the Member States if the latter were left to set the period within which such applications must be submitted.
It seems to me that the questions put by the national court relate to aspects concerning the procedural autonomy of the Member States.
The procedural autonomy of the provisions in Articles 11(8), 40 and 42 of the Regulation and the priority given to the jurisdiction of the court of origin, in the context of Section 4 of Chapter III of the Regulation, are reflected in Articles 43 and 44 of the.
Therefore national procedural law is to apply fully in accordance with the principle of procedural autonomy of the Member States.
Despite the fact that such solutions are basically the subject of fully independent decisions by Member States(within the procedural autonomy rule), EU law has had a great impact on many solutions, including on the model of independence of the central bank and the rules of its cooperation with the finance minister, and on the market oversight model.
The national court asks, however,whether the formal procedure for drawing up the tax legislation in the Basque Country satisfies the procedural autonomy criterion.
Confebask bases its argument- that,when verifying the procedural autonomy criterion, it is of little importance that the local authority is required to take into account national interests- on the difference between the formulation in the Opinion of Advocate General Geelhoed in Portugal v Commission and the wording of the judgment in that case.
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.
According to the Commission, the condition of procedural autonomy is not satisfied if the infraState body is subject to the procedural obligation to consult the central government and/or the material obligation to take into account the repercussions of its decisions on the whole territory, for example, for the purpose of complying with the principles of equality, solidarity and equivalence of fiscal pressure.
In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives,while respecting the principle of the procedural autonomy of the Member States.
Next, the decision must have been adopted without the central government being able to intervene directly as regards its content, even if such procedural autonomy does not preclude the establishment of a conciliation procedure in order to avoid conflicts, provided that the final decision taken at the conclusion of that procedure is adopted by the infraState body and not by the central government.
This seems to me to be more in accordance with the Court's approach in Kühne& Heitz seeking to reconcile the principle of the primacy of Community law with the principle of procedural autonomy of the Member States and that of legal certainty. 134.
It is a matter solely for the Member States, within the context of their procedural autonomy, to determine, in accordance with the principles of equivalence and effectiveness of judicial protection, the competent court, the nature of the dispute and, consequently, the detailed rules of judicial review with respect to decisions of the national regulatory authorities concerning the authorisation of rates of notified operators for unbundled access to their local loop.
Although being less direct and immediate, it would still incite essential improvements of existing procedures anddomestic laws while steering clear of justifiable criticism for interfering with the national procedural autonomy.
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.
The Member States will retain their power to appoint the bodies responsible for the review procedures and to maintain the national procedural rules applicable to such reviews respect for the Member States' procedural autonomy.
Although intrinsically connected with other matters governed by the Regulation, in particular rights of custody,the enforceability of a judgment requiring the return of a child following a judgment of nonreturn enjoys procedural autonomy, so as not to delay the return of a child who has been wrongfully removed to or retained in a Member State other than that in which that child was habitually resident immediately before the wrongful removal or retention.
Directive 1999/70/EC- Clauses 4 and 5 of the framework agreement on fixedterm work- Fixedterm employment in the public sector-Employment conditions- Pay and pensions- Renewal of fixedterm contracts for a period of up to eight years- Procedural autonomy- Direct effect.
It follows that an infraState body's obligation to take into consideration the State interest in order to respect the limits of the areas of competence which are accorded to it, does not, generally,constitute an element calling into question the procedural autonomy of that body where it adopts a decision within those limits.
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.
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 67of Portugal v Commission, namely the procedural autonomy criterion, is satisfied in the cases in the main proceedings.
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 differentparts of Spanish territory…', does not appear to call into question the procedural autonomy of the Historical Territories.
Do the necessity of giving special protection to consumers, the party traditionally held to be vulnerable, and the public policy status conferred by the Court on rules ensuring consumer protection under Directive 93/13,(20) constitute reasons for reviewing that conclusion oramending it in the light of the limits imposed on the principle of procedural autonomy in respect of the specific conditions for the incurring of State liability?
The sixth perk is party autonomy and procedural flexibility.