Judicial control

Judicial review

Judicial control and related matters

(c) placing under judicial supervision;

Supervision, administrative and judicial review

The European law referred to in paragraph 1 shall determine the general rules applicable to the European Public Prosecutor's Office, the conditions governing the performance of its functions, the rules of procedure applicable to its activities, as well as those governing the admissibility of evidence, and the rules applicable to the judicial review of procedural measures taken by it in the performance of its functions.

The joint supervisory body shall first consult the national supervisory body or the competent judicial body in the Member State which was the source of the data.

The EU underlines the importance of further improvements to the system of judicial inspections, including staff increases, as well greater transparency in the inspection of prosecution offices.

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.

Considering that this situation causes damage to the effectiveness and credibility of the Convention and its supervisory mechanism and represents a threat to the quality and the consistency of the case-law and the authority of the Court;

The inclusion of this precedent in the Charter has not been intended to change the system of judicial review laid down by the Treaties, and particularly the rules relating to admissibility for direct actions before the Court of Justice of the European Union.

On confirmation of that, the decision, which may extend to a refusal to communicate any information, shall be taken by the joint supervisory body in close cooperation with the national supervisory body or competent judicial body.

States Parties shall endeavour to develop and promote global, regional, subregional and bilateral cooperation among judicial, law enforcement and financial regulatory authorities in order to combat money-laundering.

2 Such conditions and safeguards shall, as appropriate in view of the nature of the procedure or power concerned, inter alia, include judicial or other independent supervision, grounds justifying application, and limitation of the scope and the duration of such power or procedure.

The European Convention has considered the Union's system of judicial review including the rules on admissibility, and confirmed them while amending them as to certain aspects, as reflected in Articles III-353 to III-381 of the Constitution, and in particular in Article III-365(4).

The CPT also attaches particular importance to regular visits to all juvenile establishments by an independent body (for example, a visiting committee or a judge) with authority to receive - and, if necessary, take action on - juveniles' complaints and to inspect the accommodation and facilities.

(a) progressively establish and maintain an updated database of laws and regulations on tobacco control and, as appropriate, information about their enforcement, as well as pertinent jurisprudence, and cooperate in the development of programmes for regional and global tobacco control;

Each State Party shall, to the extent necessary, initiate, develop or improve specific training programmes for its law enforcement personnel, including prosecutors, investigating magistrates and customs personnel, and other personnel charged with the prevention, detection and control of the offences covered by this Convention.

The decision of the national court or tribunal shall, moreover, be notified by the Registrar of the Court of Justice to the States, other than the Member States, which are parties to the Agreement on the European Economic Area and also to the EFTA Surveillance Authority referred to in that Agreement which may, within two months of notification, where one of the fields of application of that Agreement is concerned, submit statements of case or written observations to the Court of Justice.

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.

If, in the case of certain data, the communicating Member State or the communicating third State or third body as referred to in Article 10 (4) stipulates particular restrictions on use to which such data is subject in that Member State or by third parties, such restrictions shall also be complied with by the user of the data except in the specific case where national law lays down that the restrictions on use be waived for judicial authorities, legislative bodies or any other independent body set up under the law and made responsible for supervising the national competent authorities within the meaning of Article 2 (4).

(c) placing under judicial supervision; or

Article 11 - Supervision, administrative and judicial review

2.2 An international competition must be supervised by at least one judge who holds a valid card as an International Judge Slalom (IJSL).

(3) Against the decision on the refund of costs from paragraph 2 of this Article, a judicial appeal procedure may be instituted even if no judicial appeal procedure is admissible against the order or the decision concerning the imposition of the measure of supervision.

The case-law also confirms the competence of the national courts to control the application of national rules governing the implementation of coercive measures.

The Commission infers from the case law of the Court of Justice (11) that it has exclusive competence, under the control of the Court, to decide that the exception of Article 90 (2) applies.

If the carrying out of an inspection is opposed, the Commission shall apply to the President of the Court of Justice for an order to ensure that the inspection be carried out compulsorily.

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.

(2) The proposal to enter the resolution referred to in the first paragraph hereunder in the companies' register must be furnished with the new authorisation to perform insurance business granted by the Insurance Supervision Agency.

At the moment, a 75% shareholder is the Croatian businessman Ivan Ćaleta against whom several legal proceedings have been brought in Croatia concerning the ownership and management of the Croatian television Nova TV.

Replicate laboratory samples for enforcement, trade (defence) and referee purposes shall be taken from the homogenised aggregate sample unless this conflicts with Member States' rules on sampling.

(3) The decision under paragraph 2 item 1 of this Article may be challenged by an action in the judicial appeal procedure against the decision which was issued by the Institute on the grounds that the subject under supervision failed to comply with the Institute's order.

(1) An insurance undertaking shall be obliged, prior to its founding being entered in the companies' register, to obtain an authorisation to perform insurance business from the Insurance Supervision Agency (hereinafter: authorisation to perform insurance business).

control measures applicable to fishing vessels flying the flag of a Contracting Party to the Convention for the conservation of Antarctic marine living resources, (Convention), operating in the Convention area in waters located beyond the limits of national jurisdictions;

(3) A decision under point 1 of the second paragraph of this article may be contested through a suit within the procedure of judicial protection against a decision issued by the Bank of Slovenia because the subject of supervision has not acted in accordance with the order of the Bank of Slovenia.

Articles 81 and 82, while applicable, according to the case-law of the Court of Justice, to certain concentrations, are not sufficient to control all operations which may prove to be incompatible with the system of undistorted competition envisaged in the Treaty.

However, Member States should be left to determine whether rights are to be made available which may be asserted in administrative or judicial proceedings, either in proceedings against a supervisory authority or in proceedings between parties to a bid.

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).

Action in the field of police cooperation under Article K.2 of the Treaty on European Union, including activities of Europol, shall be subject to appropriate judicial review by the competent national authorities in accordance with rules applicable in each Member State.

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.

(2) Should an insurance undertaking merge with another insurance undertaking or legal entity, the acquiring insurance undertaking shall be obliged, prior to the entry in the companies' register of the acquiring company's resolution on acquisition or merger, to obtain an authorisation from the Insurance Supervision Agency (hereinafter: authorisation to amalgamate).

In order to supervise the implementation of these principles, selfregulatory bodies or mechanisms must be set up comprising publishers, journalists, media users' associations, experts from the academic world and judges; they will be responsible for issuing resolutions on respect for ethical precepts in journalism, with prior commitment on the part of the media to publish the relevant resolutions.

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.

In the cases governed by Article 234 of the EC Treaty, the decision of the national court or tribunal shall, moreover, be notified by the Registrar of the Court to the States, other than the Member States, which are parties to the Agreement on the European Economic Area and also to the EFTA Surveillance Authority referred to in that Agreement which may, within two months of notification, where one of the fields of application of that Agreement is concerned, submit statements of case or written observations to the Court.

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

placing under judicial supervision, or

When the appeals against a decision refusing or cancelling legal aid by virtue of Article 6 are of an administrative nature, they shall always be ultimately subject to judicial review.

The Joint Supervisory Body shall be composed of three permanent members and, as provided for in paragraph 4, ad hoc judges.