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consistent application of the law definition: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
consistent application of the law definition: The Consistent Application of EU Competition Law Adriana Almășan, Peter Whelan, 2017-01-04 In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice. |
consistent application of the law definition: The Art of Definition Ron Legarski, 2024-09-05 The Art of Definition: Crafting Words for Clear Communication is a comprehensive exploration into the world of definitions, delving into the subtle art and rigorous science behind defining terms with precision and clarity. In an age where language is both powerful and rapidly evolving, this book serves as a guide for anyone seeking to enhance their communication skills through the careful crafting of definitions. From legal terminology and scientific concepts to everyday language and cultural expressions, definitions form the foundation of how we convey meaning. This book provides readers with practical tools and strategies for writing effective definitions across a wide range of fields, demonstrating the pivotal role that well-crafted definitions play in ensuring accurate communication. By examining real-world examples, case studies, and different types of definitions—lexical, operational, stipulative, and more—The Art of Definition offers a detailed roadmap for understanding the complexities of language. Whether you are a student, professional, or simply someone intrigued by language, this book takes you on a journey into the heart of how definitions shape our understanding of the world. It also explores the challenges of defining abstract concepts, the importance of context, and the impact of definitions on knowledge across disciplines. With clear explanations and hands-on exercises, The Art of Definition empowers readers to craft definitions that enhance clarity, minimize ambiguity, and improve overall communication. By unlocking the techniques of definition writing, this book offers readers the ability to elevate their writing, their professional discourse, and their understanding of the world around them. |
consistent application of the law definition: United States Attorneys' Manual United States. Department of Justice, 1985 |
consistent application of the law definition: The Morality of Law Lon Luvois Fuller, 2004 |
consistent application of the law definition: Intelligence Community Legal Reference Book , 2012 |
consistent application of the law definition: The Rule of Law J. Møller, S. Skaaning, 2014-06-12 Through critical analysis of key concepts and measures of the rule of law, this book shows that the choice of definitions and measures affects descriptive and explanatory findings about nomocracy. It argues a constitutionalist legacy from centuries ago explains why European civilizations display higher adherence to rule of law than other countries. |
consistent application of the law definition: Juristic Concept of the Validity of Statutory Law Andrzej Grabowski, 2013-06-24 This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view. |
consistent application of the law definition: A New Homicide Act for England and Wales? Great Britain: Law Commission, 2006-04-04 This consultation paper reviews the law relating to homicide in England and Wales, and sets out a number of provisional proposals in order to establish a more rational and coherent framework of legislation. Issues discussed include: the existing law and problems with it; the definition of murder and manslaughter; partial defences including provocation, diminished responsibility and duress; the fault element in murder and the concept of intention; and the doctrine of double-effect. The paper proposes the creation of a new Homicide Act (to replace the Homicide Act 1957) to establish clear definitions of murder and the partial defences to it, as well as defining manslaughter, within a graduated system of offences (the ladder principle) to reflect seriousness of offence and degrees of mitigation. For example, the offence of murder should be divided into two categories, of 'first degree murder' (with a mandatory life sentence) and 'second degree' (with a discretionary life sentence maximum). Responses to the consultation paper proposals should be received by 13.04.2006. |
consistent application of the law definition: Reading Law Antonin Scalia, Bryan A. Garner, 2012 In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated. |
consistent application of the law definition: Judicial Review in an Objective Legal System Tara Smith, 2015-07-30 This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole. |
consistent application of the law definition: ABA Standards for Criminal Justice American Bar Association, 1999-01-01 Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section--T.p. verso. |
consistent application of the law definition: Customary International Law Brian D. Lepard, 2010-01-11 Customary international law, although long recognized as a primary source of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinio juris, the function of the state practice requirement, the definition of jus cogens customary norms, and the relationship between customary international law and ethics. In part because of these enigmas, the subject has generated a wide-ranging literature. However, no recent book-length work has attempted to articulate a comprehensive theory of customary international law that can effectively resolve these questions. This book sets out to accomplish this goal. Its approach is unique in a number of ways. For example, it is multidisciplinary and draws insights from fields such as legal theory, philosophy, political science, and game theory. In addition, it is anchored in a sophisticated ethical framework and explores at length the interconnections between customary international law and ethics. |
consistent application of the law definition: Guidelines Manual United States Sentencing Commission, 1995 |
consistent application of the law definition: The Air Force Law Review , 2009 |
consistent application of the law definition: Overview of the Privacy Act of 1974 United States. Department of Justice. Privacy and Civil Liberties Office, 2010 The Overview of the Privacy Act of 1974, prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions. |
consistent application of the law definition: Modern Administrative Law in the 21st Century Md. Awal Hossain Mollah, 2024-10-02 Drawing on over two decades of teaching experience in Administrative Law, the author has strived to encapsulate the pivotal role this field plays in shaping governmental operations and safeguarding individual rights. The book transcends traditional boundaries by offering a comparative perspective on administrative law. It delves into how diverse legal traditions and institutional frameworks address common governance challenges and opportunities, highlighting the global interconnectedness of governance systems. Administrative law is both a guardian and architect of governmental actions, ensuring accountability, transparency, and justice. With rapid transformations driven by technological advancements, globalization, and evolving societal expectations, the study of administrative law has become increasingly crucial. This comprehensive book explores the multifaceted dimensions of contemporary administrative law, providing profound insights into its principles, practices, and challenges. It serves as a practical guide for policymakers, legal practitioners, academics, and students navigating the complexities of administrative law and digital governance. |
consistent application of the law definition: United States Attorneys Bulletin , 1991 |
consistent application of the law definition: Cambridge Yearbook of European Legal Studies, Vol 15 2012-2013 Catherine Barnard, Albertina Albors-Llorens, Markus Gehring, Robert Schütze, 2013-12-19 The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board John Bell Alan Dashwood Simon Deakin David Feldman Richard Fentiman Angus Johnston John R Spencer Founding Editors Alan Dashwood Angela Ward |
consistent application of the law definition: Legal Agreements on Smart Contract Platforms in European Systems of Private Law Jasper Verstappen, 2023-06-23 Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”. |
consistent application of the law definition: Drafting Contracts in Legal English Cynthia M. Adams, Peter K. Cramer, 2014-12-09 Written in a deliberate and concise manner, devoid of United States colloquialisms, Drafting Contracts in Legal English: Cross-border Agreements Governed by U.S. Law is designed for classroom use as well as self-study. Teaching a strategic approach and sequential steps to drafting contracts, the text includes examples and exercises based on cross-border agreements such as distribution agreements, licensing, franchises and equipment leases. Special drafting issues in cross-border agreements are also considered: choice of language clauses, choice of forum clauses, indemnification provisions, force majeure clauses, counterpart clauses, international alternative dispute resolution clauses, and the choice to opt in or out of the CISG. By providing appropriate explanations of United States law, the text increases student comprehension as suggested drafting approaches are placed in legal context. This unique guide discusses the purpose of and provides drafting tips for contract parts, contract organization and formatting, basic contract provisions, letters of intent, and the craft of reviewing and revising contracts. End-of-chapter exercises test overall comprehension and apply drafting concepts presented in the chapter. To increase the non-native speakers lexical range, vocabulary is derived from a statistical analysis of thousands of authentic contracts. To help with contract sentence structures that are challenging for non-native speakers, syntax structures are based on comparison to databases with authentic contracts. A glossary of contract terms is based on frequency counts from thousands of authentic contracts and usage in text, contextualized and cross-referenced with most common collocations. |
consistent application of the law definition: United States Code United States, 1989 |
consistent application of the law definition: EU Value Added Tax Law K PE Lasok, 2020-08-28 This meticulously researched book provides a practical commentary on, and analysis of, the harmonised system of Value Added Tax (VAT) in the European Union and each of its Member States. Written by a team of expert practitioners led by KPE Lasok QC, an authority on European law with extensive practical experience of VAT and Customs cases, this book is destined to become the reference work of choice on VAT for both practitioners and scholars. |
consistent application of the law definition: Readings in True and Fair Robert Henry Parker, P. W. Wolnizer, Christopher Nobes, 1996 First Published in 1996. Routledge is an imprint of Taylor & Francis, an informa company. |
consistent application of the law definition: Law Book News , 1896 |
consistent application of the law definition: Therapist's Guide to Learning and Attention Disorders Aubrey H. Fine, Ronald A. Kotkin, 2003-08-12 Practitioners seeking the most current advances in the field of ADHD and LD must often bridge the gap between research and practice. This title provides that bridge through the authors, who are both researchers and practitioners with extensive experience in providing direct services to children and adults with ADHD and LD. |
consistent application of the law definition: It's Legal but It Ain't Right Nikos Passas, Neva R. Goodwin, 2010-02-22 Many U.S. corporations and the goods they produce negatively impact our society without breaking any laws. We are all too familiar with the tobacco industry's effect on public health and health care costs for smokers and nonsmokers, as well as the role of profit in the pharmaceutical industry's research priorities. It's Legal but It Ain't Right tackles these issues, plus the ethical ambiguities of legalized gambling, the firearms trade, the fast food industry, the pesticide industry, private security companies, and more. Aiming to identify industries and goods that undermine our societal values and to hold them accountable for their actions, this collection makes a valuable contribution to the ongoing discussion of ethics in our time. This accessible exploration of corporate legitimacy and crime will be important reading for advocates, journalists, students, and anyone interested in the dichotomy between law and legitimacy. Nikos Passas is Professor in the College of Criminal Justice at Northeastern University. Neva Goodwin is Co-director of the Global Development and Environment Institute at Tufts University. |
consistent application of the law definition: The IT Revolution and its Impact on State, Constitutionalism and Public Law Martin Belov, 2021-02-25 What is the future of constitutionalism, state and law in the new technological age? This edited collection explores the different aspects of the impact of information and technology revolution on state, constitutionalism and public law. Leading European scholars in the fields of constitutional, administrative, financial and EU law provide answers to fascinating conceptual questions including: - What are the challenges of information and technological revolution to sovereignty? - How will information and technology revolution impact democracy and the public sphere? - What are the disruptive effects of social media platforms on democratic will-formation processes and how can we regulate the democratic process in the digital age? - What are the main challenges to courts and administrations in the algorithmic society? - What is the impact of artificial intelligence on administrative law and social and health services? - What is the impact of information and technology revolution on data protection, privacy and human rights? |
consistent application of the law definition: Production Rights in European Agriculture D. Barthelemy, J. David, 2001-05-21 Rather than simply cataloging the various interpretations of European regulations by Member States, this international team examines the economic priorities, the legal bases, the social norms and cultural patterns which come into play, presenting an analytical approach to the study of production rights in European agriculture.This work traces the emergence and the economic and legal content of the different income support tools for agricultural producers, collectively termed 'production rights' and it looks at the foundations of the specific national conceptions underlying the methods of organising agricultural activity.The book is intended for a varied readership: farmers themselves, of course, but also economic, legal and tax consultants, experts, lawyers, notaries, as well as students, teachers and researchers. It has been set out in such a way as to allow readers to move freely from one subject to another, depending on whether their interest lies in economic aspects or legal developments, or whether they are more concerned by certain production rights or by certain features of their own organisation. The goal of the book is to enable the reader to grasp the special features and the significance of the forces which have shaped the current income support instruments for producers in the various Member States of the EU, and which will unquestionably continue to influence the measures which flow from reforms to the Common Agricultural Policy in the years to come. |
consistent application of the law definition: Judicial and Statutory Definitions of Words and Phrases , 1914 |
consistent application of the law definition: The RFF Reader in Environmental and Resource Management Wallace E. Oates, 1999 RFF University Fellow Wallace Oates has assembled much of RFF's best work in a new volume that provides teachers and students, the public policy community, and informed readers with a broader, deeper perspective on natural resources and the environment. This treasure trove of balanced and authoritative analysis belongs on the bookshelf of any individual or institution concerned about environmental policy. |
consistent application of the law definition: The Content and Context of Hate Speech Michael Herz, Peter Molnar, 2012-04-09 The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law? |
consistent application of the law definition: Real Life Dictionary of the Law Gerald N. Hill, Kathleen Hill, 1997 Defines hundred of common legal terms from abate and bad faith to waive and zoning |
consistent application of the law definition: Report United States. Congress Senate, |
consistent application of the law definition: Records & Briefs New York State Appellate Division , |
consistent application of the law definition: Handbook on the Law of Damages William Benjamin Hale, 1896 |
consistent application of the law definition: Liberty and the Rule of Law Robert L. Cunningham, 2000-06 Friedrich A. Hayek, distinguished scholar and Nobel laureate, has long been recognized as the moral and intellectual spokesman for classic liberalism and a free society. In January, 1976, a conference on the University of San Francisco campus convened to explore the implications of Hayek's legal and political philosophy. From that conference Robert L. Cunningham has selected the best papers for presentation in this book. Three of the participants, Joseph Raz, William Letwin, and Gottfried Dietze, discuss the values represented by the rule of law. Raz analyzes the ideal of the rule of law as elaborated by Hayek and others and shows why certain conclusions drawn from it cannot be supported. Letwin examines in detail the relationship of the rule of law to a particular set of decisions of the U.S. courts. Dietze discusses the legitimate role legislation plays in the liberal state. The concept of privacy and its relationship to the law is discussed by George Fletcher and Walter Berns, but from quite different viewpoints. The former deals with the role of privacy in a legal system, the latter with privacy as a right. Stephen J. Tonsor examines the conservative origins of collectivism. The philosophical foundations of Hayek's political and legal theory are analyzed by Eugene F. Miller and Tibor R. Machan. And finally Robert L. Cunningham considers how mankind's limited knowledge can be put to best use in a rapidly changing world. The volume concludes with a brief discussion generated by the various papers. |
consistent application of the law definition: Jural Relations Friedrich Karl von Savigny, Sir William Henry Rattigan, 1884 |
consistent application of the law definition: Principles, Definitions and Model Rules of European Private Law Study Group on a European Civil Code, Research Group on the Existing EC Private Law, 2008 In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible political Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003. |
consistent application of the law definition: The Dual Penal State Markus D. Dubber, 2018-09-04 In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as slaves of the state, and eventually to the late 20th century's systemic racial violence of the “war on crime and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement. |
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the law, and actual crime rates. April 5, 2023 6 The Procedural Justice Framework “The Goal is Legitimacy; The Tactic is Procedural Justice” –Tracy Meares, Yale Law ... • Consistent …
OPERATIONS MANUAL POLICIES AND PROCEDURES - Asian …
B. Definition 4. The policy defines “governance” as “the manner in which power is exercised in the ... including through the rule of law and the judiciary. Over time, lack of accountability tends to …
Three Paradigms of Legal Unification: National, International ...
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Good Governance & the Rule of Law - USCIB
consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability …
EDPB Document on response to the request from the …
European Commission for clarifications on the consistent application of the GDPR, focusing on health research ... What is the definition of ‘participants not in good health conditions’ and does …
Providing Exemplars in the Learning Environment: the Case for …
development of consistent application of criteria and standards. These issues are examined in more detail below. 3.1. In 2009 Newlyn and JurianszFeedback on Marked Assessment Is …
A General Assembly Distr.: General - United Nations - Office …
rule of customary international law: a general practice (characterized by widespread and consistent application over a long time) and its acceptance as law (opinio juris); – Formation of …
Digital Services Act and Digital Markets Act
The definition of “gatekeeper” is potentially quite broad in the DMA proposal. It includes companies controlling at least one so-called “core platform service” (such as search engines, …
U.S. Department of Labor
Jan 15, 2021 · 1B secondary employers. Going forward, in light of the common-law definition in DOL’s regulations and the generally-consistent requirements of the H-1B, H-1B1, and E-3 …
ISO 15189:2022 Working Document Instruction Page
specify its procedures to the extent necessary to ensure the consistent application of its laboratory activities and the validity of the results? 5.4.2 Quality Management 5.4.2 Does the laboratory …
FACT SHEET: FINAL RULE TO AMEND THE DEFINITION OF …
the definition of spouse under the FMLA regulations. The Final Rule changes the regulatory definition of spouse in 29 CFR §§ 825.102 and 825.122(b) to look to the law of the place in …
Denver Police Department Discipline Handbook: Conduct …
Federal, State or local law or regulation. ... 2.12 The administration of discipline must be based upon the fair, consistent application of disciplinary principles and guidelines and the exercise of …
Articles - ed
constrained by political structures in their own organizations so that consistent application of law, policy, or perspective becomes difficult to achieve (Atkinson & Gilleland, 2007; Atkinson, …
An Outline of the Fundamentals of Zoning and Planning for …
New Jersey's Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1, et seq., gives municipalities the ... 2. Must be consistent with MLUL; 3. Cannot be unconstitutional; 4. May be preempted …
Guidelines on the application of the definition of default …
5. These guidelines specify the requirements on the application of Article 178 of Regulation (EU) No 575/2013 on the definition of default, in accordance with the mandate conferred to the EBA …