conflict of jurisdiction

conflict of powers

In the event of dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court.

d) Prorogation of Forum

Jurisdiction in Relating to Aircraft and Ships

that adjudication in the dispute is not within the jurisdiction of the court;

Jurisdiction in Disputes Relating to Immovable Property or Disturbance of Possession

In the event of dispute as to whether the Court has jurisdiction, the Court shall decide.

If the court to which the case has been referred is of opinion that the referring court or some other court has power to hear it, it shall refer the case to a court competent to decide upon the jurisdictional dispute, except when it finds that the case has been referred to it by a plain error and that it should have been be sent to another court;

- on jurisdictional disputes between the National Assembly, the President of the Republic, and the Government;

2 In the event of dispute as to whether the Court has jurisdiction, the Court shall decide.

No appeal shall be allowed against the decision on a jurisdictional dispute.

- on jurisdictional disputes between courts and other state authorities;

Jurisdiction over Paternity and Maternity Suits

(b) prevent and settle conflicts of jurisdiction between Member States;

(1) A jurisdictional dispute between courts in the first instance shall be decided by a higher court.

deciding on jurisdictional disputes between local courts within the framework of misdemeanour cases;

if the judgment involves a claim the deciding upon which is not within the judicial power;

(2) The Supreme Court shall adjudicate on disputes regarding the division of jurisdiction between an administrative and other court.

A jurisdictional dispute may be decided upon even if the parties has not made a prior statement as to jurisdiction.

- on jurisdictional disputes between the state and local communities and among local communities themselves;

(1) The determination of jurisdiction of misdemeanour authorities and jurisdiction disputes between misdemeanour authorities shall be subject to the provisions of the act which governs the general administrative procedure.

(2) In disputes between the Administrative Court and a court of general jurisdiction or a specialised court over jurisdiction, the decision shall be made by the Supreme Court with a panel of three judges.

Jurisdictional disputes between district and circuit courts shall be decided by the high court having jurisdiction over the territory of the courts in dispute.

The Government shall decide disputes under the preceding paragraph and disputes over competency between individual ministries and between ministries and public authorities.

(c) the compatibility of the rules applicable in the Member States concerning conflict of laws and of jurisdiction;

(2) Jurisdictional disputes between courts and misdemeanour authorities shall be decided by the Supreme Court of the Republic of Slovenia.

(1) In disputes between the Administrative Court and the Supreme Court over their jurisdiction, the decision shall be made by the Supreme Court with a panel of five judges.

(c) the strengthening of judicial cooperation, including by resolution of conflicts of jurisdiction and by close cooperation with the European Judicial Network.

Article 70 shall be without prejudice to the internal division of powers between the European Community and its Member States for the conclusion of readmission agreements.

Jurisdictional disputes between district and circuit courts under jurisdiction of different high courts, and those between courts of different types shall be decided upon by the Supreme Court.

(1) In relations between any Contracting States the provisions of this Protocol shall prevail over any conflicting provisions of other agreements on jurisdiction or the recognition of judgments.

Until a jurisdictional dispute is decided upon, the court to which the case has been referred shall be obliged to perform all acts of procedure the postponement of which might be dangerous.

Each Contracting Party shall give the other Contracting Party all necessary information and assistance in the case of investigations on possible infringements which that other Contracting Party carries out under its respective competences as provided in this Agreement.

(2) If the court to which the case has been assigned pursuant to the preceding paragraph maintains that the case falls within the jurisdiction of the court which assigned the case or any other court, it shall institute proceedings in order to decide the jurisdictional dispute.

Amendments to this Agreement shall be reported to the Council of the Organization which shall have the power to disallow any amendment which it finds to be inconsistent with the objectives and purposes of the Organization or the provisions of the Constitution of the Organization.

The purpose of the present Agreement is the ensuring of the necessary legal framework for the co-operation between the Parties in the defence field, regarding mutual interest issues and in the limits of the competencies under their national legislation.

In accordance with Article 36(3) of the International Tropical Timber Agreement, 2006, this declaration indicates the powers transferred to the European Community by its Member States in the matters governed by the Agreement.

The EU also encourages further legislative fine-tuning of the law on USKOK, including with regard to its currently limited competence for tax fraud cases.

The decision which the court of second instance has issued upon the appeal against the decision the court of first instance on the lack of jurisdiction shall bind the court to which the case is referred in respect of the jurisdiction, provided that upon issuance of such decision the court of second instance had power to decide on the jurisdictional dispute between both courts concerned.

The decision of the court of second instance on the lack of subject matter jurisdiction of the court of first instance shall be bind every court to which the case may subsequently be transferred, provided that upon issuance of such decision the court of second instance had power to decide upon the jurisdictional dispute between both courts concerned.

The Contracting Parties, as to the Community and the EC Member States in their respective fields of competence, shall hold consultations in the EEA Joint Committee on any point of relevance to the Agreement giving rise to a difficulty and raised by one of them.

If concerning a particular type of dispute no such provisions are contained neither in a statute nor in any international agreement, the courts of the Republic of Slovenia may also assume jurisdiction by virtue of provisions governing territorial jurisdiction stated hereinafter.

If the party puts an objection asserting that the court lacks power to hear the case, or that another litigation is in progress in respect of the same cause of action, or that the matter in dispute has already been determined by a final judgment or settled by a final court settlement, the court shall decide whether to hear and determine such objections separately from the main subject of dispute or together therewith.

Upon signature and ratification, acceptance or approval, or accession, or provisional application, the European Community or any intergovernmental organization referred to in Article 5, paragraph 1, shall deposit a declaration issued by the appropriate authority of such organization specifying the nature and extent of its competence over matters governed by this Agreement, and shall inform the depositary of any subsequent substantial change in such competence.

Agreements and arrangements shall be concluded with due regard to the jurisdiction provided for by the internal law of each Contracting Party in respect of international relations and general policy and to any rules of control or supervision to which territorial communities or authorities may be subject.

The Parties shall encourage non-Parties to adhere to this Protocol and to contribute appropriate information to the Biosafety Clearing-House on living modified organisms released in, or moved into or out of, areas within their national jurisdictions.

The EU encourages Croatia to ensure the necessary regulations are adopted, training provided and other preparations completed to allow full application of the new provisions of the Criminal Procedure Code concerning the modifications of the judicial investigation and transfer of competence to the State Prosecutor.

The territorial jurisdiction to decide upon tort liability shall be vested, in addition to the court of general territorial jurisdiction, also in the court on the territory of which the tort has been committed and in the court on the territory of which the damage has occurred.

(2) If the proceedings end with a judgement finding the accused person liable for committing a misdemeanour, the court may, in the misdemeanour judgement and within the limits of its jurisdiction, grant the claim entirely or partly, instructing the injured party to lodge a civil suit for the remaining claim.