The Committee recommends that the State party clarify the status of the Convention in its domestic legal order and ensure the precedence of its provisions over national laws in cases of conflict.
The Committee recommends that the State party take appropriate steps to give effect to the Covenant in the national legal order and to bring national law into line with the Covenant, where necessary.
Please inform the Committee on the status of the Convention in the domestic legal order and whether the Convention is directly applicable, and on cases where the Convention has been cited by domestic courts.
Chapter II identifies measures required by States to give effect to the Convention in the national legal order and highlights areas where adoption of or amendment to legislation might be required for compliance.
请提供资料,说明公约在国内法律秩序中的地位,包括发生抵触时公约的规定是否高于宪法或其他法律规定。
Please provide information on the status of the Convention in the domestic legal order, including whether the provisions of the Convention prevail over constitutional and other legal provisions in case of conflict.
The Committee notes with concern that the Convention is not incorporated in domestic legislation and that the question of its rank in the internal legal order has not been settled(art. 2).
It notes the delegation' s position that it is the responsibility of the judiciary to determine whether a particular provision of the Convention is directly applicable in the domestic legal order.
Security Council resolution 1929(2010) was adopted by the Council of Ministers of the Republic of Cyprus on 21 July 2010 and its provisions have thus become binding in the domestic legal order of Cyprus.
委员会敦促该缔约国确保《公约》各项条款可直接适用于国内法律秩序,从而能够在法庭上援用它们。
The Committee urges the State party to ensure that the provisions of the Covenant are directly applicable in the domestic legal order, so that they can be invoked before the courts.
最后,他强调了《任择议定书》的重要性,认为它是在国内法律秩序范围内提高对《公约》整体认识的手段。
Lastly, he stressed the importance of the Optional Protocol as a means of raising awareness of the Convention as a whole within the domestic legal order, and enquired when the State party expected to ratify it.
在国家层面直接适用《公约》条款的问题涉及宪法法律的规定,取决于各条约在国内法律秩序中的地位。
The question of direct applicability of the provisions of the Convention at the national level is a question of constitutional law and depends on the status of treaties within the domestic legal order.
Constitutions and domestic legal orders in general refer to treaties and international agreements but not to unilateral acts, which are not considered in the same way in that context.
(4) The Committee welcomes the fact that the provisions of the Covenant are directly enforceable as part of the domestic legal order and that they have been directly enforced by the Supreme and the Constitutional Courts.
Since currently a large number of international agreements addressed the rights of the individual, the settlement of disputes concerning them increasingly entailed the implementation of a particular judgment in the domestic legal order.
According to paragraph 54 of the combined fourth and fifth periodic reports, article 91 of the 1997 Constitution states that" a ratified international agreement shall constitute part of the domestic legal order and shall be applied directly.".
公约》条款在国家一级的直接适用问题是根本法问题,取决于《公约》在国内法律秩序中的地位。
The question of direct applicability of the provisions of the Convention at the national level is a question of constitutional law and depends on the status of treaties within the domestic legal order.
委员会鼓励缔约国为了充分实施《公约》条款,拟重新考虑其不将本《公约》融入国内法律秩序的决定。
The Committee encourages the State party, in order to give full effect to the provisions of the Convention, to reconsider its decision not to incorporate the Convention in the domestic legal order.
According to Article 118 of the Constitution, international agreements ratified in accordance with the Constitution are an integral part of the internal legal order and may not be amended by law.
公约》在国内法律秩序中的适用.
Application of the Convention in the domestic legal order.
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