Judicial control

Judicial control and related matters

(a) justice and home affairs (strengthening of the judicial system, external border controls, anti-corruption strategy, strengthening of law enforcement capacities);

Protocol on the position of the United Kingdom and Ireland on policies in respect of border controls, asylum and immigration, judicial cooperation in civil matters and on police cooperation

PROTOCOL ON THE POSITION OF THE UNITED KINGDOM AND IRELAND ON POLICIES IN RESPECT OF BORDER CONTROLS, ASYLUM AND IMMIGRATION, JUDICIAL COOPERATION IN CIVIL MATTERS AND ON POLICE COOPERATION

The provisions of paragraph 2 of this Article do not affect the right of control and inquiry the competent judicial authorities of each of the Contracting Parties have according to their legislation.

If the surrender of the requested person within the period laid down in paragraph 2 is prevented by circumstances beyond the control of any of the States, the executing and issuing judicial authorities shall immediately contact each other and agree on a new surrender date.

CONSIDERING that decisions on the execution of the arrest warrant as defined by this Agreement must be subject to sufficient controls, which means that a judicial authority of the State where the requested person has been arrested should have to take the decision on his or her surrender,

Article 1, second, third and fourth paragraphs, and Article 3(1), second, third and fourth subparagraphs, of the Protocol on the position of the United Kingdom and Ireland on policies in respect of border controls, asylum and immigration, judicial cooperation in civil matters and on police cooperation,

The judicial authorities shall have the authority, where a party has presented reasonably available evidence sufficient to support its claims and has specified evidence relevant to substantiation of its claims which lies in the control of the opposing party, to order that this evidence be produced by the opposing party, subject in appropriate cases to conditions which ensure the protection of confidential information.

justice and home affairs (strengthening of the judicial system, external border controls, anti corruption strategy, strengthening of law enforcement capacities),

To this end it is particularly important to draw up a common list of activities which may be requested and undertaken under the law of the Schengen States in cases in which the prior consent of the judicial and/or administrative authorities is not mandatory and without prejudice to the control exercised in such matters by the judicial authorities.

It results from the case-law that the national judicial authority may in particular ask of the Commission further information which it needs to carry out its control and in the absence of which it could refuse the authorisation.

In its control of proportionality of the coercive measures, the national judicial authority may ask the Commission, directly or through the competent authority of that Member State, for detailed explanations relating to the subject matter of the inspection.

The Commission exercises this control of proportionality, subject to the judicial review of the Court of Justice, in a way that is reasonable and realistic, as illustrated by the use it actually makes of the decision-making powers conferred to it by Article 86(3)(6).

Three months after the Convention has been brought into force, the Central Group shall submit a preliminary report to the Executive Committee dealing with the functioning of the SIS, the efficacy of controls at the external borders, the efficiency of the fight against narcotic drugs and the results of police and judicial cooperation.

On the other hand, it protects journalists and the media against potential moves by the ruling power, judicial authorities, or the public itself aimed at establishing unacceptable control over the media. The council further reflects the readiness of professional circles to ensure self-regulation and take on responsibility for their conduct.

Without prejudice to the case-law of the Court of Justice, it is also useful to set out the scope of the control that the national judicial authority may exercise when it authorises, as provided by national law and as a precautionary measure, assistance from law enforcement authorities in order to overcome possible opposition on the part of the undertaking against an inspection, including the affixing of seals, ordered by Commission decision.

The second task of the Standing Committee shall be to lay the foundations so that the Executive Committee can ensure the proper application of the Schengen Convention by the States which have already brought it into force, in particular by following up the recommendations made by the visiting committees to the external borders, by ensuring that follow-up action is taken to remedy the shortcomings mentioned in the Annual Report on the External Borders, by focusing greater attention on the joint efforts needed to improve the quality of controls at the external borders and by optimising the application of the Convention in the fields of police cooperation, judicial cooperation and the SIS.

(15) The judicial control which falls within the jurisdiction of the Court of Justice will help ensure the correct application of this Regulation.

In order to ensure the necessary possibility of judicial control and the requisite cooperation between national regulatory bodies, Article 30(6) and Article 31 of the said Directive shall apply in this context.

Reinforcement of administrative and judicial capacity including capacity to manage and control European Union funds:

Reinforcement of administrative and judicial capacity, including the management and control of European Union funds:

Reinforcement of administrative and judicial capacity including the capacity to manage and control European Union Funds:

Paragraph 3 shall not impede the use of information in any judicial or administrative proceedings subsequently instituted for failure to comply substance control legislation.

Paragraph 3 shall not impede the use of information in any judicial or administrative proceedings subsequently instituted for failure to ' comply substance control legislation.

Paragraph 3 shall not impede the use of information in any judicial or administrative proceedings subsequently instituted for failure to comply with substance control legislation.

To this end it is particularly important to draw up a common list of activities which may be requested and undertaken under the law of the Schengen States in cases in which the prior consent of the judicial and/or administrative authorities is not mandatory and without prejudice to the control exercised in such matters by the judicial authorities.

It results from the case-law that the national judicial authority may in particular ask of the Commission further information which it needs to carry out its control and in the absence of which it could refuse the authorisation.

In its control of proportionality of the coercive measures, the national judicial authority may ask the Commission, directly or through the competent authority of that Member State, for detailed explanations relating to the subject matter of the inspection.

Intensify measures to combat piracy and counterfeiting in particular through strengthening border controls, improving coordination between the customs, police and judiciary on enforcement of intellectual and industrial property rights and ensuring proper training of enforcement bodies, including judges and prosecutors.

Strengthen the financial control functions, improve the efficiency of the customs administration and modernise the tax administration and increase the anti-fraud capacity; reinforce veterinary and phytosanitary controls also at borders, restructure and upgrade food control administration, improve operation of the judicial system and further promote training for the judiciary in Community law and its application.

Three months after the Convention has been brought into force, the Central Group shall submit a preliminary report to the Executive Committee dealing with the functioning of the SIS, the efficacy of controls at the external borders, the efficiency of the fight against narcotic drugs and the results of police and judicial cooperation.

(40) Without prejudice to the case-law of the Court of Justice, it is also useful to set out the scope of the control that the national judicial authority may exercise when it authorises, as provided by national law and as a precautionary measure, assistance from law enforcement authorities in order to overcome possible opposition on the part of the undertaking against an inspection, including the affixing of seals, ordered by Commission decision.

complete the legislative framework in both antitrust and State aid; strengthen administrative capacity (particularly for State aid control); ensure full enforcement of antitrust and State aid rules; maintain a comprehensive State aid inventory and prepare a comprehensive annual State aid report; increase awareness of antitrust and State aid rules among market participants and aid granters; intensify training of the judiciary in antitrust and State aid matters.

The second task of the Standing Committee shall be to lay the foundations so that the Executive Committee can ensure the proper application of the Schengen Convention by the States which have already brought it into force, in particular by following up the recommendations made by the visiting committees to the external borders, by ensuring that follow-up action is taken to remedy the shortcomings mentioned in the Annual Report on the External Borders, by focusing greater attention on the joint efforts needed to improve the quality of controls at the external borders and by optimising the application of the Convention in the fields of police cooperation, judicial cooperation and the SIS.The Standing Committee shall seek solutions to the problems detected and shall make proposals for the satisfactory and optimal implementation of the Convention.Sole responsibility for checking to ensure that the Convention is properly applied shall continue to remain with the Schengen States.The Standing Committee shall therefore confine itself to carrying out the verification procedures as defined in the following mandate.

The judicial control which falls within the jurisdiction of the Court of Justice will help ensure the correct application of this Regulation.

Whereas, if the controller fails to respect the rights of data subjects, national legislation must provide for a judicial remedy;

Such control should allow for the judicial authorities to verify that the realisation or valuation has been conducted in a commercially reasonable manner.

They concern the control exercised by the supervisory authority, sanctions imposed by the supervisory authority, and the rules of procedure concerning the "habeas data" judicial remedy.

Whereas the voluntary control exercised by self-regulatory bodies to eliminate misleading advertising may avoid recourse to administrative or judicial action and ought therefore to be encouraged;

It results from the case-law that the national judicial authority may in particular ask the Commission for further information which it needs to carry out its control and in the absence of which it could refuse the authorisation.

reinforce veterinary and phytosanitary controls also at borders, restructure and upgrade food control administration, improve operation of the judicial system and further promote training for the judiciary in Community law and its application.

The use, in judicial or administrative proceedings instituted for failure to comply with legislation on controlled substances referred to in Article 3, of information obtained under this Agreement, is considered to be for the purposes of this Agreement.

The national judicial authority may ask the Commission, directly or through the Member State competition authority, for detailed explanations on those elements which are necessary to allow its control of the proportionality of the coercive measures envisaged.

The Commission exercises this control of proportionality, subject to the judicial review of the Court of Justice, in a way that is reasonable and realistic, as illustrated by the use it actually makes of the decision-making powers conferred to it by Article 86(3)(6).

In all Member States whose laws do not provide for preventive control, administrative or judicial, at the time of formation of a company, the instrument of constitution, the company statutes and any amendments to those documents shall be drawn up and certified in due legal form.

It contains provisions relating to general data protection principles, the rights of data subjects, the obligations of data controllers and data users, the supervisory authority or controlling body, sanctions, and rules of procedure in seeking "habeas data" as a judicial remedy.