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Legal Terms - EU law, or community law
The law of the European Union (in contrast to the member states' own laws). It is made up of the EU's founding treaties (as well as later amending treaties), *Community law, and rulings from the European Court of Justice. In the event of a discrepancy between national and treaty law, the provisions of Community laws or treaties that are immediately relevant or effective in a member state take precedence over the national law of that state.
The law of the European Union (in contrast to the member states' own laws). It is made up of the EU's founding treaties (as well as later amending treaties), *Community law, and rulings from the European Court of Justice. In the event of a discrepancy between national and treaty law, the provisions of Community laws or treaties that are immediately relevant or effective in a member state take precedence over the national law of that state.
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Legal Terms - Community legislation
Laws enacted by the European Parliament in collaboration with the European Commission, the Council of the European Union, and other parties. Although all bodies have the ability to enact laws, the majority of laws are presently established by the Parliament and Council after recommendations from the Commission. The Single European Act of 1986, the Maastricht Treaty of 1992, and most significantly, the Lisbon Treaty of 2007 (see Ordinary Laws) enhanced the Parliament's participation in the legislative process. Decisions, guidelines, and restrictions make up community legislation. Rules are generally applicable.
applicability, fully binding, and immediately applicable in each member state; no member state is required to enact these laws domestically. Directives are directed at one or more member states and demand that they fulfill certain obligations (sometimes by modifying national legislation). They are not directly applicable; rather, until a state has passed legislation in compliance with the directive, the rights are not enforceable under the Community and are instead created for the residents of that state by a domestic statute. Therefore, a directive cannot impose legal requirements on private entities or persons; however, by virtue of its direct effect, it grants rights to individuals against the state and state organizations, even prior to the directive's implementation through modifications to national legislation or decisions made by a European court. Decisions are final and binding on the parties making them, whether nations or individuals. In addition, the Commission and the Council are free to express opinions, make suggestions, and issue *notices, but none of these are enforceable.
Laws enacted by the European Parliament in collaboration with the European Commission, the Council of the European Union, and other parties. Although all bodies have the ability to enact laws, the majority of laws are presently established by the Parliament and Council after recommendations from the Commission. The Single European Act of 1986, the Maastricht Treaty of 1992, and most significantly, the Lisbon Treaty of 2007 (see Ordinary Laws) enhanced the Parliament's participation in the legislative process. Decisions, guidelines, and restrictions make up community legislation. Rules are generally applicable.
applicability, fully binding, and immediately applicable in each member state; no member state is required to enact these laws domestically. Directives are directed at one or more member states and demand that they fulfill certain obligations (sometimes by modifying national legislation). They are not directly applicable; rather, until a state has passed legislation in compliance with the directive, the rights are not enforceable under the Community and are instead created for the residents of that state by a domestic statute. Therefore, a directive cannot impose legal requirements on private entities or persons; however, by virtue of its direct effect, it grants rights to individuals against the state and state organizations, even prior to the directive's implementation through modifications to national legislation or decisions made by a European court. Decisions are final and binding on the parties making them, whether nations or individuals. In addition, the Commission and the Council are free to express opinions, make suggestions, and issue *notices, but none of these are enforceable.
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Legal Terms - community of assets (community of property) The sharing of ownership of matrimonial property, such as the home and furniture, as an automatic consequence of marriage. This is not a feature of English law.
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Legal Terms – Community Order
Under the Criminal Justice Act of 2003, a sentence may be imposed that imposes one or more of the following fourteen specified requirements: unpaid work; drug rehabilitation; program; prohibited activity; curfew; exclusion; residence; foreign travel prohibition order; mental health treatment; drug rehabilitation; alcohol treatment; supervision; electronic monitoring; and, if the offender is under the age of 25, a requirement for an attendance center. In the form of *youth rehabilitation orders, the community order system was expanded to include offenders who were 18 years of age or younger by the Criminal Justice and Immigration Act of 2008. According to the same Act, adult community orders may only be issued in the following situations: (i) the offense carries a jail sentence; or (ii) the offender has already been found guilty and penalized three times.
Under the Criminal Justice Act of 2003, a sentence may be imposed that imposes one or more of the following fourteen specified requirements: unpaid work; drug rehabilitation; program; prohibited activity; curfew; exclusion; residence; foreign travel prohibition order; mental health treatment; drug rehabilitation; alcohol treatment; supervision; electronic monitoring; and, if the offender is under the age of 25, a requirement for an attendance center. In the form of *youth rehabilitation orders, the community order system was expanded to include offenders who were 18 years of age or younger by the Criminal Justice and Immigration Act of 2008. According to the same Act, adult community orders may only be issued in the following situations: (i) the offense carries a jail sentence; or (ii) the offender has already been found guilty and penalized three times.
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egal Terms - Community Patent (Unitary Patent)
a 2013 agreement on a planned European Union *patent that would create a single, unitary, centrally enforceable patent covering all EU members with the exception of Croatia and Spain. The ratification process has repeatedly been delayed, causing the patent to become unavailable in 2017. Its founding is intimately related to the *European Patent Court's formation. The current European Patent, which is granted in accordance with the European Patent Convention and lacks unitary effect, is different from the EU Community Patent.
a 2013 agreement on a planned European Union *patent that would create a single, unitary, centrally enforceable patent covering all EU members with the exception of Croatia and Spain. The ratification process has repeatedly been delayed, causing the patent to become unavailable in 2017. Its founding is intimately related to the *European Patent Court's formation. The current European Patent, which is granted in accordance with the European Patent Convention and lacks unitary effect, is different from the EU Community Patent.
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Legal Terms - Community Treatment Order (CTO)
An order under the Mental Health Act 1983 (as amended by the Mental Health Act 2007 s. 17 A–G) that releases a patient under specific conditions after they have been detained for treatment. The requirements will be those that are thought to be required in order to (i) guarantee that the patient receives medical care; (ii) reduce the possibility that the patient's health or safety will be harmed; and (iii) safeguard other people (section 17A). The patient's *accountable clinician issues the order with the assistance of a *licensed mental health specialist. All CTO patients, sometimes known as "community patients," are subject to being called back to the hospital upon written notice (which can be used right away) and are expected to make themselves available for medical evaluation.
An order under the Mental Health Act 1983 (as amended by the Mental Health Act 2007 s. 17 A–G) that releases a patient under specific conditions after they have been detained for treatment. The requirements will be those that are thought to be required in order to (i) guarantee that the patient receives medical care; (ii) reduce the possibility that the patient's health or safety will be harmed; and (iii) safeguard other people (section 17A). The patient's *accountable clinician issues the order with the assistance of a *licensed mental health specialist. All CTO patients, sometimes known as "community patients," are subject to being called back to the hospital upon written notice (which can be used right away) and are expected to make themselves available for medical evaluation.
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Legal Terms -community patient
An individual who is under a *Community Treatment Order.
An individual who is under a *Community Treatment Order.
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Legal Terms -Common Agricultural Policy (CAP)
The agricultural policy of the EU as set out originally in Articles 32–38 of the Treaty of Rome (now Articles 38–44 of the Treaty on the Functioning of the European Union). The overall aims of the CAP are to increase agricultural productivity, ensure a fair standard of living for the agricultural community, stabilize markets, assure the availability of supplies, and ensure that supplies reach consumers at a reasonable price. The Treaty is supplemented by a wide range of EU directives in this field
The agricultural policy of the EU as set out originally in Articles 32–38 of the Treaty of Rome (now Articles 38–44 of the Treaty on the Functioning of the European Union). The overall aims of the CAP are to increase agricultural productivity, ensure a fair standard of living for the agricultural community, stabilize markets, assure the availability of supplies, and ensure that supplies reach consumers at a reasonable price. The Treaty is supplemented by a wide range of EU directives in this field
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Legal Terms – Common Design
Assuming that all parties involved in a joint illegal operation have the same intention, each is accountable for everything done while pursuing the enterprise, including any unanticipated outcomes (R v Bainbridge [1960] 1 QB 129). However, the others might not be held accountable for the results of an action taken by one of the parties if it was not previously agreed upon (Davies v. DPP [1954] AC 378 (HL)). Cases: R v. Jogee [2016] UKSC 8, Davies v. DPP [1954] AC 378 (HL), and 2017] AC 387
Assuming that all parties involved in a joint illegal operation have the same intention, each is accountable for everything done while pursuing the enterprise, including any unanticipated outcomes (R v Bainbridge [1960] 1 QB 129). However, the others might not be held accountable for the results of an action taken by one of the parties if it was not previously agreed upon (Davies v. DPP [1954] AC 378 (HL)). Cases: R v. Jogee [2016] UKSC 8, Davies v. DPP [1954] AC 378 (HL), and 2017] AC 387
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Legal Terms - common duty of care
According to Section 2(2) of the Occupiers' Liability Act of 1957, it is the occupier's responsibility to take reasonable precautions to ensure that guests will be fairly safe while utilizing the space for the reasons they have been invited or granted permission to be there.
According to Section 2(2) of the Occupiers' Liability Act of 1957, it is the occupier's responsibility to take reasonable precautions to ensure that guests will be fairly safe while utilizing the space for the reasons they have been invited or granted permission to be there.