That is why they insist on EEA countries accepting all four, with minor derogations.
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"SCCs are widely used for the transfer of personal data outside the EU. They are probably the most used data transfer mechanism, including for transfers to the U.S. Thus, even a partial suspension of the SCCs would force a significant number of organizations to explore alternative mechanisms for their transfers to the U.S. "However, the alternatives are limited and often difficult to apply to large-scale transfers, the main ones being the derogations allowing transfers with the consent of the data subject or necessary for the performance of a contract.
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The relevant national central bank may grant derogations to small reporting agents in accordance with national criteria. Derogations may be granted by the relevant national central bank provided that the total commitment amount for all derogations in the country concerned does not exceed 2% of the total commitment. For instance, it is possible that in those Member States in which credits are extended by a large number of relatively small credit institutions the derogations may lead to a large number of small credit institutions being exempted.
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Definitions of the type of work and derogations are only possible after tripartite consultations (if such a system exists in the ratifying country).
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The Court of Justice held that the derogations from the right to free movement had to be appraised in light of the European Convention on Human Rights.
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COMMENTARY OF 1958, p. 52 (derogations) Derogation is limited to individuals "definitely suspected of" or "engaged in activities hostile to the security of the State." In paragraph two of the article, "spy or saboteur" is mentioned.
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Both opt-outs and CVMs suspend the application of relevant provisions of EU law in regard to particular member states, but in contrast to opt-outs, which are established on the initiative of the states concerned, CVMs are established on the initiative of the commission. In contrast to temporary derogations, which are automatically discontinued after the end of the transitional period, the Mechanism for Cooperation and Verification is permanent, and its discontinuation is conditional only on the positive assessment of the fulfilment of benchmarks in the regular reports issued by the European Commission. That is similar to the permanent derogations on Eurozone and Schengen Area for new member states (formulated in accession treaties), whose discontinuation is also conditional on fulfilling benchmarks (like the convergence criteria), which are similarly assessed in regular progress reports. According to the treaties, new member states are obliged to fulfill the benchmarks for discontinuation of both permanent derogations and CVMs, but some of them deliberately delay those processes.
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They are had compiled more than 60,000 laws, within which Governmental Decrees of the Congress, Agreements including Ministerial Agreements, among others, considering their use, reforms and derogations. The Center also offers a digital index of laws, with a brief description of the same ones.
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Common practice in the EU is that during accession negotiations there are agreed some temporary transitional periods after accession of new states for derogation of application for specific parts of the acquis communautaire, because of difficulties either for the new member state (lime environmental regulations for large combustion plants) or for the old member states (like free movement of workers). Such temporary transitional periods in regard to particular member states are also implemented when various new pieces of EU legislation are adopted . In some cases the derogation is not temporary but permanent. Such derogations can be either major opt-outs in the European Union (formulated in a treaty) or minor derogations like the exemption of Sweden from the snus ban (formulated in EU legislation).
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The applicants submitted that legislation could only derogate from the Bill of Rights when ‘the life of the nation’ is at risk, but that the ERO allowed for such derogations in a larger set of circumstances, and therefore was repealed by implication. However, the court held that rights under the Bill of Rights could also be restricted when ’compliant with the principle of proportionality’.
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Angra do Heroísmo, oldest continuously settled town in the archipelago of the Azores and UNESCO World Heritage Site. Azores and Madeira are two groups of Portuguese islands in the Atlantic. Azores and Madeira are integral parts of the Portuguese Republic, but both have the special status as Autonomous Regions, with a degree of self-governance. Some derogations from the application of EU law apply in regards to taxation, fishing and transportation.
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The European Court of Justice held that giving rolled up holiday pay was not permissible, because it could create a disincentive for workers to take holidays. Holidays are a principle of Community law from which there could be no derogations. Article 7(1) was intended to enable workers to actually take leave. The point of payment for holidays was that a worker would be in a position comparable during leave as when leave is taken.
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The basic employment and working conditions shall be – for the duration of the assignment at the user company – equal to those of a worker employed directly by that company to occupy the same position. Article 5 allows for derogations from this principle for open-ended contracts providing pay between assignments (Article 5, paragraph 2), to uphold collective labour agreements (Article 5, paragraph 3) or based on agreements of social partners (Article 5, paragraph 4).
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The special territories of the European Union are 22 dependent territories of EU member states which, for historical, geographical, or political reasons, enjoy special status within or outside the European Union. The special territories divide themselves in three categories: 9 Outermost Regions (OMR) that form part of the European Union, though they benefit from derogations from some EU laws due to their geographical remoteness from mainland Europe, 13 Overseas Countries and Territories (OCT) that do not form part of the European Union, though they cooperate with the EU via the Overseas Countries and Territories Association, and 10 special cases that form part of the European Union (with the exception of the Faroe Islands), though EU law make ad hoc provisions. The Outermost Regions were recognised at the signing of the Maastricht Treaty in 1992, and confirmed by the Treaty of Lisbon in 2007. The Treaty on the Functioning of the European Union states that both primary and secondary European Union law applies automatically to the outermost regions, with possible derogations due to the particularities of these territories.
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Proposed flag for Portuguese Angola In the 20th century, Portuguese Angola was subject to the Estado Novo regime. In 1951, the Portuguese authorities changed the statute of the territory from a colony to an overseas province of Portugal. Legally, the territory was as much a part of Portugal as Lisbon but as an overseas province enjoyed special derogations to account for its distance from Europe. Most members of the government of Angola were from Portugal, but a few were Africans.
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Abellio ScotRail sub-leased two Class 68s, to haul sets of six Mark 2 coaches, for use on peak hour services on the Fife Circle Line. These were 68 006 and 68 007, which carried the Saltire livery. These services commenced on the first day of Abellio Scotrail operation, 1 April 2015, with the last service operating on 29 May 2020 as the PRM-TSI derogations for the non-compliant Mark 2 coaches ended on 31 May of that year.
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It recognises its UNESCO World Heritage Site status and the need to respect existing international charters and practices, to "preserve the historic, artistic and architectural history of the monument", and to limit any derogations to the existing heritage, planning, environmental and construction codes to a minimum. On 15 April 2020, Germany offered to restore "some of the large clerestory windows located far above eye level" with three expert tradesmen who specialize in rebuilding cathedrals. Monika Grütters, Germany's Commissioner for Culture was quoted as saying "her country would shoulder the costs".
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Australian citizens are classified as 'Annex II' foreign nationals, and so are permitted to stay visa-free in the 26 member states of the Schengen Area as a whole — rather than each country individually — for a period not exceeding 3 months every 6 months. During the visa exemption period, Australian citizens are permitted to work in Belgium, Bulgaria, Denmark, Finland, Germany, Iceland, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Slovenia and Sweden.Information on national derogations from the visa requirement - 4. Exceptions to the exemption from the visa requirement in accordance with Article 4(3) - 4.1.
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The islands of Aruba, Curaçao, and Sint Maarten are constituent countries of the Kingdom of the Netherlands, while Bonaire, Sint Eustatius and Saba are special Dutch municipalities. All are Overseas Countries and Territories (OCT) under Annex II of the EC treaty. OCTs are considered to be "associated" with the EU and apply some portions of EU law. The islands are opting to become an Outermost Region (OMR) of the EU, a status in which the islands form a part of the European Union, though they benefit from derogations (exceptions) from some EU laws due to their geographical remoteness from mainland Europe.
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The directive defines sensitive areas, as "freshwater bodies, estuaries and coastal waters which are eutrophic or which may become eutrophic if protective action is not taken", "surface freshwaters intended for the abstraction of drinking water which contain or are likely to contain more than 50 mg/l of nitrates", areas where further treatment is necessary to comply with other directives, such as the directives on fish waters, on bathing waters, on shellfish waters, on the conservation of wild birds and natural habitats, etc. The directive contains a derogation for areas designated as "less sensitive"; such derogations were approved for areas in Portugal.
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Isaacs J strongly opposed the reserved powers doctrine, holding "There can be no derogations from the grant expressly made, except those which are expressly stated or which of necessity inhere. It is an inherent consequence of the division of powers between governmental authorities that neither authority is to hamper or impede the other in the exercise of their respective powers, but that doctrine has no relation to the extent of the powers themselves; it assumes the delimitation aliunde. It is contrary to reason to shorten the expressly granted powers by the undefined residuum".R v Barger (1908) 6 CLR 41 at p.
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The station's first station manager was Andrew Ó Baoill, founder and former auditor of the Radio Society. When he returned to his studies in 1996 he was succeeded by Fiona McNulty. Due to limitations imposed by Irish broadcasting legislation - 20% of time must be devoted to news and current affairsBCI Policy on derogations from the statutory news and current affairs requirement\- and by the station's agreement with the IRTC - including that 40% of time would be devoted to talk-based programming - the station has been somewhat limited in the number of hours it can broadcast in any given week.
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54 per Grifith CJ Isaacs & Higgins JJ in dissent Isaacs J strongly opposed the reserved powers doctrine, holding "There can be no derogations from the grant expressly made, except those which are expressly stated or which of necessity inhere. It is an inherent consequence of the division of powers between governmental authorities that neither authority is to hamper or impede the other in the exercise of their respective powers, but that doctrine has no relation to the extent of the powers themselves; it assumes the delimitation aliunde. It is contrary to reason to shorten the expressly granted powers by the undefined residuum".R v Barger (1908) 6 CLR 41 at p.
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While older platforms on the Dublin and Kingstown Railway were at lower levels, all platforms are now 915mm above rail and all new platforms are being built at that level. Amongst other work, there is an ongoing program of platform renewal. Both Irish railway companies (Irish Rail in the Republic of Ireland and Northern Ireland Railways in Northern Ireland) have had some derogations from EU standards as their mainline rail systems, while connected to each other, are not connected to any other system. The electric DART fleet has carriage floors at above top of rail creating a step of , while the diesel fleet is typically one step () higher than the platform.
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The EU directive allows for limited derogations from the regulation, and special provisions allow longer working hours for transportation and offshore workers, fishing vessel workers, and doctors in training (see also medical resident work hours). Fatigue due to shift work has contributed to several industrial disasters, including the Three Mile Island accident, the Space Shuttle Challenger disaster and the Chernobyl disaster. The Alaska Oil Spill Commission's final report on the Exxon Valdez oil spill disaster found that it was "conceivable" that excessive work hours contributed to crew fatigue, which in turn contributed to the vessel's running aground.Final Report: Spill--The Wreck of the Exxon Valdez: Implications for Safe Transportation of Oil, Alaska Oil Spill Commission (February 1990).
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The territories of French Guiana, Guadeloupe, Martinique, Mayotte and Réunion are overseas departments of France and at the same time mono-departmental overseas regions. According to the EC treaty (article 299 2), all of these departments are outermost regions (OMR) of the EU—hence provisions of the EC treaty apply there while derogations are allowed. The status of the Overseas collectivity of Saint-Martin is also defined as OMR by the Treaty of Lisbon. New Caledonia and the overseas collectivities of French Polynesia, Saint-Barthelemy, Saint Pierre et Miquelon and Wallis and Futuna are Overseas Countries and Territories of the EU. New Caledonia is an overseas territory of France with its own unique status under the French Constitution, which is distinct from that of overseas departments and collectivities.
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At least since the early 19th century, the legal status of Mozambique always considered it as much a part of Portugal as Lisbon, but as an overseas province enjoyed special derogations to account for its distance from Europe. From 1837, the highest government official in the province of Mozambique has always been the governor-general, who reported directly to the Government in Lisbon, usually through the minister of the Overseas. During some periods in the late 19th and the early 20th century, the governors-general of Mozambique received the status of royal commissioners or of high commissioners, which gave them extended executive and legislative powers, equivalent to those of a government minister. In the 20th century, the province was also subject to the authoritarian regime that ruled Portugal from 1933 to 1974, until the military coup in Lisbon, known as the Carnation Revolution.
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In 1965, with lobbying from British industries and the prospects of joining the Common Market, the government set a 10-year target for full conversion, and created the Metrication Board in 1969. Metrication did occur in some areas during this time period, including the re-surveying of Ordnance Survey maps in 1970, decimalisation of the currency in 1971, and teaching the metric system in schools. No plans were made to make the use of the metric system compulsory, and the Metrication Board was abolished in 1980 following a change in government. The United Kingdom avoided having to comply with the 1989 European Units of Measurement Directive (89/617/EEC), which required all member states to make the metric system compulsory, by negotiating derogations (delayed switchovers), including for miles on road signs and for pints for draught beer, cider, and milk sales.
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From 1997 to 2000, Năstase worked as a prosecutor, employed at the Office of the Chișinău Prosecutor of Transport, initially as interim aid, then as assistant to the transport prosecutor. Not much information about his work in this position is available. In a reply sent to RISE Moldova following an enquiry, the General Prosecutor's Office stated that "in the archives, some documents set up by the assistant of the transport prosecutor, Andrei Năstase, regarding inspections of several aspects of the activity of civil aviation enterprises, including the state enterprise Air Moldova, have been identified". According to the reply of the General Prosecutor's Office, "although, following the controls, a number of derogations were established in the activity of Air Moldova (subordinated to the State Civil Aviation Administration, headed in that period by Victor Țopa), no prosecutor's reaction has been taken on detected violations".
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The European Court of Justice held it was up to the Industrial Tribunal to determine whether art 2(2) (now art 14) applied ‘having regard to the specific duties which [Ms Johnston] is required to carry out’ Referring to 'article 2(2) of the Directive, it should be observed that that provision, being a derogation from an individual right laid down in the directive must be interpreted strictly.’ However, looking at the context it cannot be excluded that there would be more risks if policewomen carried firearms. So that may be a determining factor, and if so the member state can place a restriction, which need periodic review under art 9(2). There must also be proportionality so ‘derogations remain within the limits of what is appropriate and necessary for achieving the aim in view and requires the principle of equal treatment’.
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Derogations to this principle are possible on a strict case-by-case basis under the conditions set out in Article 3 e-Commerce Directive, also referred to as the notification mechanism. Under this mechanism, a Member State has to take the following steps when it intends to act against an information society service established in another Member State: # It has to justify its action for the protection of public order, public health, public security or the protection of consumers; # Its action has to be proportionate to the objective; # The Member State first has to contact authorities of the other Member State and ask them to act. If that brings no result, it has to notify the commission and the other Member State of the action it intends to take. The Commission then has the right to receive information and assess the justification of the measure.
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This case was decided in 1974, soon after the UK's accession to the EEC on 1 January 1973; and John Tillotson "Text, Cases and Materials on European Union Law" - John Tillotson & Nigel Foster John Tillotson was a lecturer in EU law and Business Law at Sheffield Hallam University and Manchester University. considers that the ECJ took an indulgent view towards its new Member State, allowing the UK to get away with its somewhat dubious derogation against Scientologists. It follows that the van Duyn case would not be a reliable basis to permit the introduction of future blanket derogations. Three years after the van Duyn case, in R v Bouchereau, R v Pierre Bouchereau ECJ 27 OCT 1977 Case report the ECJ took a firmer line, declaring that before anyone could be lawfully refused entry (or deported), the state must demonstrate that person's activities to be socially harmful.
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Tirrell has written a large number of peer-reviewed papers, contributed to a number of anthologies, and written several encyclopedia articles. Much of the body of Tirrell's work focuses on hate speech, especially the practical effects of linguistic practices in shaping the social conditions that make genocide and other significant acts of oppression possible. Tirrell's hate speech research is distinctive in its emphasis on the inferential power of the racial epithet, holding that its power to license socially damaging inferences is more significant and more insidious) than the performative action of hurling it. Tirrell uses the tools of inferential role semantics to explain what is at issue between those who think certain deeply derogatory terms (especially racist derogations that enact oppression) should be banned (she calls them ‘Absolutists’), and those who think the terms can safely be used by members of the groups who are targeted by such words (she calls these ‘Reclaimers’).
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Indonesia implemented a cabotage policy in 2005 after previously allowing foreign-owned vessels to operate relatively freely within the country. In the Philippines, the Tariff and Customs Code of the Philippines (Republic Act No. 1937) which is also known as the Cabotage Law restricts coastwise trade or the transport of passengers and goods within the country, to vessels with Philippine registry which has to secure a coastwise license from the Maritime Industry Authority. After the passage of Foreign Ships Co-Loading Act or the Republic Act No. 10668 in 2015, foreign vessels with cargo intended to be exported out the country may dock in multiple ports in the country before transiting to a foreign port. In the EU, rights to cabotage in newly-admitted member states (in particular, Greece, Spain and Portugal) were restricted;EU derogations but this introductory provision was abandoned after criticism in the light of the Paros ferry disaster.
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The European Court of Justice said the Directive's purpose from recitals 1, 4, 7 and 8 and Art 1(1) is ‘to improve the living and working conditions of workers’. Recital 4 refers to the Community Charter of Fundamental Social Rights of Workers 1989 point 8 and 19(1) that everyone should have satisfactory health and safety at work. It is clear that member states may be more favourable, but Art 7 does not say that member states can be less favourable or allow derogations. It observed that ‘National rules of that kind are also manifestly incompatible with the scheme of Directive 93/104... Furthermore, rules of the kind at issue… are liable to give rise to abuse because employers might be tempted to evade the obligation to grant the paid annual leave to which every worker is entitled by more frequent resort to short-term employment relationships.’ Accordingly, introducing a qualifying period was not allowed.
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