Right of appeal

Right of appeal

Right of appeal in criminal matters

Right to complain to the European Ombudsman

A. RIGHT OF APPEAL

Article 2 Right of appeal in criminal matters

National legislation shall provide for a right of appeal in Customs matters.

Thecomplaints feasibility survey and their implementation show that the efficient right to complain as regards performing the health service in practice is not ensured to an individual.

3 Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

Everyone shall be guaranteed the right to appeal or to any other legal remedy against the decisions of courts and other state authorities, local community authorities, and bearers of public authority by which his rights, duties, or legal interests are determined.

The Authority will properly inform the master of a ship of the right of appeal.

In the final instance, the appellant shall have the right of appeal to a judicial authority.

1 Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.

Contracting Parties shall guarantee the right of the transport operator to appeal against the sanctions imposed.

2 Where in the application of this Code a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

Any person who is directly affected by a decision or omission of the Customs shall have a right of appeal.

The person detained has the right to appeal against the court order, and such appeal must be decided by a court within forty-eight hours.

Where the decision is adverse to the person concerned, the reasons shall be given and the right of appeal advised.

In any case the rights of individuals and legal persons shall include the right to appeal before all competent organs and courts, including the right of access to services in their own language and the right of access to information.

(g) The awards of the arbitrator or of the Arbitration Tribunal shall be final and there shall be no right of appeal of recourse of any kind.

During the time of detention, the accused person shall have the right to an appeal against the order, which however shall not stay execution of the deprivation of liberty.

During the time of apprehension the accused person shall have the right to appeal against the order, which however shall not stay the deprivation of liberty.

(2) An appeal shall be deemed to be impermissible if it has been lodged by a person who does not have the right to appeal or person who waived the right to appeal, if the appeal has been withdrawn or re-lodged after having been withdrawn, or if the appeal is not permitted pursuant to the law.

Where an appeal to the Customs is dismissed, the appellant shall have the right of a further appeal to an authority independent of the Customs administration.

The appellant shall have the right to lodge an appeal with a higher court against the order dismissing a late or impermissible appeal.

(3) If a decision is announced orally, the accused must be cautioned that he may request a written copy of it and advised of his right to appeal.

c such persons shall have the right to correspond, and consult out of hearing of other persons, with a lawyer qualified to appear before the courts of the country where they are detained in regard to an application to the Court, or any proceedings resulting therefrom.

Where an appeal to the Customs is dismissed, the Customs shall set out the reasons therefor in writing and shall advise the appellant of his right to lodge any further appeal with an administrative or independent authority and of any time limit for the lodgement of such appeal.

When an error is committed in the procedure of treatment, or when a patient believes that his rights have not been paid regard to, an effective complaints channel should be permitted.

The Chief Executive shall lay down provisions conferring the right to lodge an appeal within the reporting procedure, which has to be exercised before lodging a complaint as referred to in Article 167(2).

(3) The right to file an appeal against decisions relating to the apportionment or fixing of costs in opposition proceedings may be restricted in the Implementing Regulations.

If the licence application is not approved, the applicant shall, on request, be given the reason therefor and shall have a right of appeal or review in accordance with the domestic legislation or procedures of the importing Member;

If after delivery of the building permit all the parties record in writing or verbally at the relevant administrative body for construction matters that they are waiving the right to appeal and the right to initiate an administrative dispute, the ruling shall immediately become final.

3.13 The owner or the operator of a ship or his representative in the State concerned will have a right of appeal against a detention decision taken by the Authority of that State.

To this end the Parties undertake to ensure that a worker who considers that his employment has been terminated without a valid reason shall have the right to appeal to an impartial body.

(2) A request for protection of legality may be lodged by a public prosecutor ex officio, or at the initiative of a person who has the right to appeal against a misdemeanour judgement issued by a court in the first instance.

(c) provide efficient, prompt and non-discriminatory procedures enabling the right of appeal against administrative actions, rulings and decisions by the customs authorities affecting imports, exports or goods in transit.

Persons who have the right to appeal against a misdemeanour judgement may appeal to the benefit of a juvenile against an order or judgement imposing on the juvenile a correctional measure or a fine even against the juvenile's will.

(1) In its reply to a request for a check, for access to data, or a request for correction and deletion of data, SELEC shall inform the data subject that he or she has the right to appeal to the Joint Supervisory Body and of the time limit for such appeal.

The Commission shall consider inadmissible any petition submitted under Article 25 which it considers incompatible with the provisions of the present Convention, manifestly ill-founded, or an abuse of the right of petition.

The Conference reaffirms the fundamental importance of the right of individual petition as a cornerstone of the Convention system which guarantees that alleged violations that have not been effectively dealt with by national authorities can be brought before the Court.

3 The Court shall declare inadmissible any individual application submitted under Article 34 which it considers incompatible with the provisions of the Convention or the protocols thereto, manifestly illfounded, or an abuse of the right of application.

(2) Every data subject has the right to appeal to the Joint Supervisory Body if he or she is not satisfied with the SELEC response to a request or if there has been no response to the request within the time limits laid down in Articles 30 or 31. Such appeal must be lodged within 30 days of the date the response is received or of the expiration of the time limits laid down in Articles 30 or 31.

Any Contracting State may also, when it expresses its consent to be bound by this Protocol, in accordance with the provisions of Article 13, or at any moment thereafter, declare that it recognises the right of any other representative national nongovernmental organisation within its jurisdiction which has particular competence in the matters governed by the Charter, to lodge complaints against it.

The parties shall be allowed no special appeal against the decree referred to in preceding paragraph of the present Article, while a witness may challenge the same by means of appeal against the decree on fine or detention imposed on him for refusing to testify or answer a particular question (second paragraph of Article 241).

Nevertheless, the right of individual recourse recognised by a declaration made under Article 25 of the Convention, or the acceptance of the compulsory jurisdiction of the Court by a declaration made under Article 46 of the Convention, shall not be effective in relation to this Protocol unless the State concerned has made a statement recognising such right, or accepting such jurisdiction in respect of Articles 1 to 5 of this Protocol.

Nevertheless, the right of individual recourse recognised by a declartion made under Article 25 of the Convention, or the acceptance of the compulsory Jurisdiction of the Court by a declaration made under. Article 46 of the Convention, shall not be effective in relation to this Protocol unless the High Contracting Party concerned has made a statement recognising such right, or accepting such jurisdiction, in respect of all or any of Articles 1 to 4 of the Protocol.

In cases in which a party to a proceeding voluntarily and without good reason refuses access to, or otherwise does not provide necessary information within a reasonable period, or significantly impedes a procedure relating to an enforcement action, a Member may accord judicial authorities the authority to make preliminary and final determinations, affirmative or negative, on the basis of the information presented to them, including the complaint or the allegation presented by the party adversely affected by the denial of access to information, subject to providing the parties an opportunity to be heard on the allegations or evidence.

Member States should ensure that in any proceedings brought against carriers which may result in the application of penalties, the rights of defence and the right of appeal against such decisions can be exercised effectively.

Everyone shall be guaranteed the right to appeal or to any other legal remedy against the decisions of courts and other state authorities, local community authorities and bearers of public authority by which his rights, duties or legal interests are determined.