Examples of using Contested directive in English and their translations into Slovak
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Colloquial
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Official
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Medicine
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Financial
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Ecclesiastic
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Official/political
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Computer
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Programming
Annul Article 1(19) of the contested directive in so far as.
Second part of the second plea,relating to the proportionality of certain of the provisions of the contested directive.
Annul Article 1(7) of the contested directive in so far as it inserts Article 7(4a) into Directive 91/477;
Second part of the second plea,relating to the proportionality of certain of the provisions of the contested directive.
In addition, the provisions in the contested directive concerning transport infringe Article 58(1) TFEU(third plea in law).
First part of the second plea, relating to the EUlegislature's examination of the proportionality of certain of the provisions of the contested directive.
It considers that, in accordance with the purpose and aim of the contested directive, Article 349 TFEU cannot validly be used as a legal basis.
It noted that the contested Directive has an impact in all Member States and requires that a balance between the different interests involved is ensured.
In the third place,the Czech Republic submits that the measures taken in the contested directive are contrary to the principle of proportionality stricto sensu.
Neither the contested directive nor that on which it is based provides any procedural guarantees for undertakings manufacturing or distributing active substances.
The possibility of applying that derogation ceases on the date on which the contested directive enters into force, although the Member States cannot, under EU law, limit it to that date.
The contested directive, therefore, like Directive 91/477, contains provisions relating to the possession and acquisition of firearms and their transfer between Member States.
In the second place,the Czech Republic takes the view that the measures taken by the contested directive are not necessary to achieve the objective of ensuring a higher level of public safety and security.
The contested directive's adoption, however, was not preceded by any impact assessment, even though it has a significant impact in all Member States, particularly on citizens' property rights.
By the first part of its second plea,the Czech Republic claims that the EU legislature adopted the contested directive even though it clearly did not have sufficient information on the potential impact of the measures adopted.
Since the contested directive is a directive that amends Directive 91/477, in particular by inserting new provisions, the latter forms the legal framework of the contested directive.
Consequently, and also taking into account the fact that neither the REFIT evaluation nor the other studies cited contain such assessments, the EU legislature did not have sufficientinformation to examine the proportionality of the measures contained in the contested directive.
In addition the contested directive infringes the principles of legislative clarity and, consequently,of legal certainty because there is no definition of the concept of remuneration in the contested directive and because of uncertainties as to the interpretation of that concept(fifth plea in law).
That would mean, however, that the Member State concerned must, in breach of those principles, retroactively apply the new prohibition to situations existing before its entry into force orgive the contested directive direct effect, to the detriment of the individuals concerned.
The Court ruled that the measures taken by the European Parliament andthe Council"in the contested directive do not entail breaches of the principles of conferral of powers, proportionality, legal certainty, protection of legitimate expectations or non-discrimination as alleged by the Czech Republic in support of its action.".
Legal bases(qualified majority within the Council and consultation of the Parliament) differ from the procedures laid down by Article 67(5) EC, the legal basis for which the Parliament and the Commission argue(unanimity within the Council and consultation of the Parliament if the designation of safe countries still formed part of the necessary legislation;qualified majority within the Council and co-decision if the contested directive should be regarded as the final stage of the necessary legislation).
This is particularly important because confirmation of a significant effect would mean that the EuropeanUnion legislature should have adopted the contested directive on a different legal basis, namely on the basis of Article 192(2) TFEU, instead of on the basis of Article 192(1) TFEU.
On the contrary, the contested directive creates new obstacles to that functioning, in so far as it has failed to harmonise the date from which firearms are considered to be antiques and has introduced not only new ambiguous definitions, but also rules including elements capable of leading to a different transposition into the national law of the Member States.
Prohibiting the possession of the semi-automatic firearms classified in points 6 to 8 of category Aof Part II of Annex I to Directive 91/477, as amended by the contested directive, is the strictest possible measure and concerns all current and potential holders of such weapons, despite there being no risk of them committing a criminal offence.
In the alternative, to the extent that the contested directive must be regarded as pursuing the aim of eliminating obstacles to the proper functioning of the internal market, the Czech Republic submits, by the second part of its second plea, that the measures taken by that directive do not comply with the conditions of appropriateness, necessity and proportionality stricto sensu.
It follows that, contrary to what those Member States claim and as the Parliament and the Council rightly argue, it is necessary to identify, in this case,the legal basis on which the contested directive had to be adopted by taking into account, in particular, both the context constituted by Directive 91/477 and the rules stemming from the amendments made to it by the contested directive. .
Consequently, first, the contested directive does not require the expropriation of the holders of such weapons that were acquired before its entry into force and, second, any deprivation of ownership of such weapons as a result of the transposition of the contested directive into the law of the Member States must be regarded as being effected by reason of the choice of the Member States.
In the present case, even if it were accepted that, in view of the original objectives of Directive 91/477, the purpose of the contested directive is not entirely irrelevant to the objectives pursued by Article 114 TFEU, those objectives would be,as regards the contested directive, at most ancillary to the main objective of the amendments contained therein, namely, the prevention of crime.
In the third place, the Hungarian Government considers that the contested directive infringes Article 56 TFEU, which enshrines the freedom to provide services, since the obligations and restrictions imposed by that directive on undertakings established in a Member State which post workers to another Member State in the framework of the provision of services are discriminatory, unnecessary and disproportionate with regard to the objective they seek to achieve.
Last, as regards the transfer of certain firearms to category A, namely,prohibited firearms, the contested directive authorises Member States to choose a different approach in respect of the current holders of those weapons, which means that, in some Member States, there will always be a large number of authorised holders, while, in others, possession of such weapons will be prohibited.