Traduction de «Persons Case National Historic Park Act » (Anglais → Français) :

23. Believes strongly in the need to promote a climate of tolerance and mutual respect, good neighbourly relations and regional and crossborder cooperation, as prerequisites for stability and as means of facilitating genuine and lasting reconciliation; considers that the prosecution of war crimes, the peaceful coexistence of different ethnic, cultural and religious communities, the protection of minorities and respect for human rights, as well as the reintegration and return of refugees and displaced persons, must remain essential elements of the EU accession process in regions with a history of conflict; in this respect, encourages th ...[+++]e candidate and potential candidate countries that have yet to ratify the Framework Convention for the Protection of National Minorities to do so; suggests that in such cases the promotion of the teaching and learning of each other’s history, language and cultural heritage during and after the accession process would facilitate mutual understanding and contribute to historical reconciliation;

Directives 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) and 2004/48 must be interpreted as not precluding national legislation such as that at issue in the main proceedings insofar as that legislation enables the national court seised of an application for an order for disclosure of personal data, made by a person who is entitled to act, to wei ...[+++]gh the conflicting interests involved, on the basis of the facts of each case and taking due account of the requirements of the principle of proportionality.

Pursuant to the principle of the rule of law in criminal matters, the Court of Justice has also recently ruled (in its judgment of 3 May 2005, cases C-387/02, C-391/02 and C-403/02) that a directive 'cannot, of itself and independently of a national law adopted by a Member State for its implementation, have the effect of determining or aggravating the liability in criminal law of persons who act in contravention of the provisions o ...[+++]f that directive' (judgment of the Court of 8 October 1987, Case 80/86, Kolpinghuis Nilmegen, reports page 3969, point 13, and judgment of 7 January 2004, in cases C-60/02, X, not yet published in the reports, point 61, and the case law cited therein).

f ) that the notifier or the consignee has previously been convicted of illegal trafficking or other illegal acts in relation to environmental protection. In this case, the competent authorities of dispatch and destination may refuse all shipments involving the person in question in accordance with national legislation;

A Member State which does not make use of the possibility provided for in Article 51 (2) of Directive 78/660/EEC and in which, at the time of the adoption of this Directive, several categories of natural persons may, under national legislation, carry out statutory audits of the documents referred to in Article 1 (1) (a) of this Directive, may, until subsequent coordination of the statutory auditing of accounting documents, specially approve, for the purpose of carrying out statutory audits of the documents referred to in Article 1 (1) (a) in the case of a comp ...[+++]any which does not exceed the limits of two of the three criteria established in Article 27 of Directive 78/660/EEC, natural persons acting in their own names who: (a) fulfil the conditions imposed in Articles 3 to 19 of this Directive save that the level of the examination of professional competence may be lower than that required in Article 4 of this Directive ; and

(9) A similar right to the presence of a lawyer should be granted every time that national law expressly allows or demands the presence of the suspected or accused person at a procedural step or evidence gathering such as a search; in these cases, in fact, the presence of the lawyer can strengthen the rights of the defence without affecting the need to preserve the confidentiality of certa ...[+++]in investigative acts, since the presence of the person excludes the confidential nature of the acts in question; this right should be without prejudice to the need to secure evidence which by its very nature is liable to be altered, removed or destroyed if the competent authority was to wait until the arrival of a lawyer;