Traduction de «ordonnance déclarative » (Français → Anglais) :

48. It is respectfully submitted that the appropriate remedy for the constitutional violations outlined above is an order declaring that the offence of possession of cannabis is of no force and effect or, in the alternative, a declaration that the offence requires the Crown to prove some measure of harm associated with the defendant’s use of cannabis.

With regard to the claims for the Tribunal, first, to order the applicant’s post to be regraded to a grade corresponding to the level of his responsibilities and, secondly, to order the EEAS to bear all the consequences, in particular the financial consequences, of that regrading, retrospectively from the time of his entry into the service, it should be noted that, in the context of an action brought under Article 91 of the Staff Regulations, the court may not, without encroaching upon the powers of the administration, make declarations or findings of principle, or issue directions to an institution (see order in Caminiti v Commission, F ...[+++]‑71/09, EU:F:2011:53, paragraph 23 and the case-law cited therein).

However, when a legally resident mobile EU citizen fraudulently obtains a benefit on false declarations, expulsion and imposition of a re-entry ban is possible under the general rules of the Directive if the EU citizen can be considered to be a serious threat to public order, in conformity with the above-mentioned principle of proportionality.

By an order of the Juzgado de Instrucción No 5 (Local Criminal Court No 5), Madrid, of 26 August 2002 and a judgment of the Tribunal Supremo (Spanish Supreme Court) of 27 March 2003, the EH/B was declared illegal in Spain.

Where the Court has already ruled on one or more questions of law identical to those raised by the pleas in law of the appeal or cross-appeal and considers the appeal or cross-appeal to be manifestly well founded, it may, acting on a proposal from the Judge-Rapporteur and after hearing the parties and the Advocate General, decide by reasoned order in which reference is made to the relevant case-law to declare the appeal or cross-appeal manifestly well founded.

There are two orders made under proposed section 83.14 that can be appealed, a forfeiture order and an order that declares that the property is not related to a terrorist group or terrorist activity.