Traduction de «Manquement à une obligation légale » (Français → Anglais) :

Specific claims are breaches of lawful obligation of the Crown.

Member States shall ensure that where obligations apply to financial institutions and Union parent undertakings, in case of a breach sanctions can be applied to the members of the management, and to any other individuals who under national law are responsible for the breach.

To that end, it shall investigate serious matters relating to the discharge of professional duties constituting a dereliction of the obligations of officials and other servants of the Union liable to result in disciplinary or, as the case may be, criminal proceedings, or an equivalent failure to discharge obligations on the part of members of institutions and bodies, heads of offices and agencies or staff members of institutions, bodies, offices or agencies not subject to the Staff Regulations (hereinafter collectively referred to as ‘officials, other servants, members of institutions or bodies, heads of offices or agencies, or staff mem ...[+++]bers’).

Any non-observance by those authorities of their obligations is likely to involve their being financially responsible, whenever the non-observance of obligations by one of the parties impacts on the financial interests of the other party (loss of income from customs duties which cannot be recovered from the importer) and a causal link is established between the fault (or failure) and the resulting financial damage.

A lawful obligation can arise in any of the following circumstances and these define what specific claims are: first, the non-fulfillment of a treaty or agreement between Indians and the crown; second, a breach of an obligation arising out of the Indian Act or other statutes pertaining to Indians and the regulations they are under; third, a breach of an obligation arising out of government administration of Indian funds or other assets; and fourth, ...[+++]an illegal disposition of Indian land.

Witnesses stressed, in particular, excessive delay throughout the process, as well as the growing numbers of unresolved claims, a general lack of resources, and the government’s conflicting roles in the process (35) Several witnesses stressed the importance of remaining focused on the purpose of the specific claims system, namely the settlement of First Nations grievances against the federal Crown for its failure to fulfil legal obligations.