Examples of using Procedural autonomy in English and their translations into Slovak
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Computer
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Programming
The Commission rightly identifies two aspects in connection with procedural autonomy.
CJEU case-law on national procedural autonomy and effective judicial protection.
That is the samelimitation that the principle of effectiveness imposes on national procedural autonomy.
EU law can therefore also restrict the procedural autonomy of the Member States in this area.
In order better to illustrate this second aspect, I would like to use hereinafter, rather than the expression procedural autonomy.
Procedural autonomy of Member States is limited by the principle of effectiveness and the principle of equivalence.
It seems to me that the questions put by thenational court relate to aspects concerning the procedural autonomy of the Member States.
As in the context of the first question, the procedural autonomy of the Member States comes to the fore in relation to the rules of evidence.
The rules must have been adopted without the central government beingable to intervene directly as regards their content- procedural autonomy.
The procedural autonomy open to member states' courts was limited to the principles of equivalence and effectiveness.
Having regard to the case-law of the Court ofJustice of the European Union on the principles of national procedural autonomy and effective judicial protection(1).
In the absence of EU rules, and in line with the principle of procedural autonomy, it is up to Member States to lay down the detailed conditions for granting interim measures.
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.
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.
The detailed procedural rules applicable to effective remedies are a matter for the domestic legal order of each Member State,under the principle of the procedural autonomy of the Member States.
Accordingly, neither the principle of national procedural autonomy nor the principle of conferred powers may be invoked against the powers enjoyed by the Commission in the area in question.
Confirms that the recommendations annexed to this resolution respect fundamental rights,the principle of national procedural autonomy and the principles of subsidiarity and proportionality;
Although being less direct and immediate, it would still incite essential improvements of existing procedures and domestic laws while steeringclear of justifiable criticism for interfering with the national procedural autonomy.".
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.
In the further alternative, Akzo and Akcros claim that the findings of the General Court, taken as a whole,violate the principle of national procedural autonomy and the principle of the conferred powers.
In accordance with this settled caselaw of the Court, which respects the procedural autonomy of the Member States, I consider that, on the basis of the principle of legal certainty, Member States may require an application for the review and withdrawal of an administrative decision which has become final and is contrary to Community law as subsequently interpreted by the Court to be submitted to the competent authority within a reasonable period.
In that regard, it should be pointed out that in paragraph 70 of that judgment theCourt examined the criteria for institutional autonomy and procedural autonomy and in paragraphs 71 to 76 the economic autonomy criterion.
The Member States will retain their power to appoint the bodies responsible for the reviewprocedures 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 achild 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).
Principle of judicial protection- National legislation not providing for a self-standing action to challenge thecompatibility of a national provision with Community law- Procedural autonomy- Principles of equivalence and effectiveness- Interim protection.
Stressing that EU law is a distinct and autonomous legal order, the CJEU has endorsed and developed general principles- such as those of equivalence and effectiveness(18)- in order to define and support it,while recognising the procedural autonomy of Member States(19), i. e.
(Directive 93/13/EEC- Unfair terms in consumer contracts- Adequate and effective means to prevent the continued use of unfair terms- Limitation of the opportunities for challenging a decision determining theoutcome of an objection to mortgage enforcement proceedings- Procedural autonomy of the Member States- Principle of effectiveness- Effective judicial protection- Equality of arms).
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.