Traduction de «Constitutional commitment » (Anglais → Français) :

4. The Board shall compensate a national resolution authority for the damages to which it has been condemned by a national court, or which it has, in agreement with the Board, committed to pay in accordance with an amicable settlement, which are the consequences of an act or omission committed by that national resolution authority in the course of any resolution under this Regulation, unless that act or omission constituted a violation of Union law, this Regulation, a Decision of the Commission or a Decision of the Board, or constitut ...[+++]ed a manifest and serious error of judgement.

A. whereas the EU and India constitute the biggest democracies in the world, and their constitutional commitment to pluralism and the rule of law promotes consistency in trade and economic relations, while providing legal certainty for investment and contributing to regional and global stability,

A. whereas the EU and India constitute the biggest democracies in the world and their constitutional commitment to pluralism and the rule of law promotes consistency in trade and economic relations, while providing legal certainty for investment and contributing to regional and global stability,

A. whereas the EU and India constitute the biggest democracies in the world and their constitutional commitment to pluralism and the rule of law promotes consistency in trade and economic relations, while providing legal certainty for investment and contributing to regional and global stability;

A transfer may be made under the Convention only on the following conditions (Article 3): a) if that person is a national of the administering State; b) if the judgment is final; c) if, at the time of receipt of the request for transfer, the sentenced person still has at least six months of the sentence to serve or if the sentence is indeterminate; d) if the transfer is consented to by the sentenced person or, where in view of his age or his physical or mental condition one of the two States considers it necessary, by the sentenced person's legal representative; e) if the acts or omissions on account of which the sentence has been imposed constitute a crimina ...[+++]l offence according to the law of the administering State or would constitute a criminal offence if committed on its territory; and f) if the sentencing and administering States agree to the transfer.

The transfer of enforcement of a sentence needs the agreement of the sentencing State and the administering State and may take place only if it satisfies all the conditions set out in Article 5 of the Convention, namely: (a) the judgment is final and enforceable; (b) the acts or omissions on account of which the sentence has been imposed constitute one of the offences referred to in Article 1(1)(a) according to the law of the administering State or would constitute such an offence if committed in its territory ("dual criminality"); ...[+++](c) under the laws of the sentencing State or the administering State, the enforcement is not barred by time limitations; (d) final judgment against the sentenced person in respect of the same acts has not been delivered in the administering State; and (e) when a final judgment against the sentenced person in respect of the same acts has been delivered in a third State, the transfer of enforcement would not run counter to the principle of prohibiting double jeopardy.