Traduction de «Principe de l'immédiateté limitée des preuves » (Français → Anglais) :

principle of limited immediacy

principle of immediacy | immediacy principle

54. Reminds the ESAs that technical standards, guidelines and recommendations are bound by the principle of proportionality; calls on the ESAs to adopt a careful approach to the extent and number of guidelines, particularly where they are not explicitly empowered in the basic act; notes that such a restrictive approach is also required in view of the ESAs’ limited resources and the need to prioritise their tasks, whereby the practical limits of effective supervision must not be set by budgetary constraints, and asks that adequate re ...[+++]sources be secured for ESAs so as to enable them to carry out reliable, independent and effective supervision in the performance of their mandate;

As regards the other Member States, the Court’s case law on the conditions of civil liability for breaches of directly applicable Treaty rules, such as Articles 81 and 82, and the principle of effectiveness suggest that any fault requirements under national law would have to be limited.

(4) In order for Member States to rely on the derogation allowed by Article 36 of the Treaty in circumstances such as those in the main proceedings: · the national measures they apply in this regard must be restricted to what is necessary to protect public health, and must be appropriate to this purpose; · they must make available to traders an easily accessible authorisation procedure, operating within a reasonable time and subject to judicial review; · in any marketing authorisation procedure, the national authority bears the onus of proving that the product is harmful to health; · in deciding on the application of such measures ...[+++], the Member States must take into account the results of international scientific research.

The plan rests on the following four fundamental principles : - harmonization of legislation is limited to the adoption of the essential safety requirements (or other requirements in the public interest) to which all products placed on the market must conform in order to benefit from freedom of movement within the Community. - the competent industrial standardization bodies ...[+++] will be allotted the task of drawing up, with due regard to technological developments, of the technical specifications that industry needs in order to produce and market products conforming to the essential requirements laid down by the directives; - the technical specifications will in no way be mandatory but will retain the status of voluntary standards; - at the same time however, governments are obliged to recognise products manufactured in accordance with the harmonized standards (or, provisionally, national standards) as conforming to the "essential requirements" laid down by the relevant directive -which means that the manufacturer may opt to produce goods which do not conform to the stadard, though in that case the onus of proof that his products conform to the essential requirements of the directive is on him).