|
|
e-Bulletin on Constitutional Case-Law
2023/1
The electronic Bulletin on Constitutional Case-Law ("e-Bulletin") is produced by the European Commission for Democracy through Law, better known as the Venice Commission. The e-Bulletin regularly reports on the case-law of constitutional courts and courts with equivalent jurisdiction in Europe and beyond, including case-law of the European Court of Human Rights, the Court of Justice of the European Union and the Inter-American Court of Human Rights. The e-Bulletin is sent to liaison officers and to subscribers by e-mail three times a year, each mailing reports on the most important case-law gathered during a four-month period.
The e-Bulletin’s aim is to allow judges and constitutional law specialists to be informed quickly about the most important judgments rendered in the field of constitutional justice. The exchange of information and ideas among courts in different countries with similar or different legal traditions, in the field of judge-made law, is of vital importance. Such an exchange of information and such cooperation, we hope, will not only benefit the newly established constitutional courts, but will also enrich the case-law of longer established courts. The main purpose of the e-Bulletin on Constitutional Case-Law is to foster an exchange of information and ideas and to assist national judges in solving difficult questions of law, which often arise simultaneously in courts of different countries.
If you wish to receive the e-Bulletin, please subscribe at the page https://www.venice.coe.int/files/bulletin/eBulletin-subscription.html.
The Venice Commission is grateful to the liaison officers of constitutional and equivalent courts, who regularly prepare the contributions, reproduced in the Bulletin with links to our database CODICES. As such, the summaries of decisions and opinions in the Bulletin do not constitute an official record of court decisions and should not be considered as offering or purporting to offer an authoritative interpretation of the law.
European Commission for Democracy through Law (“Venice Commission”)
October 2023
ARG-2023-1-001 a) Argentina / b) Supreme Court / c) / d) 28.02.2022 / e) CAF 007320/2015/2/RH001 / f) Li, Qingyu v. EN – M. Interior – DNM s/ recurso directo DNM /
The Court of Appeals’ decision, which declared the inadmissibility of the appeal on the basis of a formal defect that had not been noticed by any of the intervening parties during the first instance stage –regardless the intervention of countless judges and public officials– and which presumably, was not in the plaintiff’s power to avoid, frustrated his clear and unequivocal intention to... Read more
1.4.8.8
Constitutional Justice - Procedure - Preparation of the case for trial - Decision that preparation is complete.
2.1.1.4
Sources - Categories - Written rules - International instruments.
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
3.22
General Principles - Prohibition of arbitrariness.
4.6.2
Institutions - Executive bodies - Powers.
4.7.2
Institutions - Judicial bodies - Procedure.
4.7.9
Institutions - Judicial bodies - Administrative courts.
4.7.12
Institutions - Judicial bodies - Special courts.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Extraordinary appeal / Immigration / Expulsion, foreigners / Law, procedural, over-reliance on / Access to justice, right / Right to counsel / Act, administrative, challenge / Brasilia Regulations regarding Access to Justice for Vulnerable People.
AUT-2023-1-001 a) Austria / b) Constitutional Court / c) / d) 15.03.2023 / e) G 297/2022 / f) /
The right to reply to allegations that have been made in the media is protected by Article 8 and Article 10 ECHR. Under Article 10 ECHR, the State is also required to adopt measures that protect media owners against undue publication requirements, including the obligation to compensate the media owner for costs incurred if the publication obtained has not been justified. However, such a payment... Read more
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
International organisation, staff, protection of fundamental rights / Privileges and immunities / Media, statement, incorrect or misleading / Right of reply.
AZE-2023-1-001 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 20.02.2023 / e) / f) Verification of compliance with the Constitution and laws of the decisions of the Criminal Chamber of the Supreme Court on 14 June 2022 on the complaints of I. Zeynalov and others and of the Criminal Chamber of the Supreme Court on the complaint of R. Akhundov on 11 November 2021 /
While Articles 13.I and 29.II of the Constitution include the right to private property, this right does not exclude possible legitimate and reasonable interference with its exercise.
Criminal court decisions interfering with the right to private property must meet the constitutional principles of fairness, proportionality and legality of restriction of rights and freedoms, protection of... Read more
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
5.3.38.1
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Criminal Court, decision, effect, confiscation, property.
AZE-2023-1-002 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 28.03.2023 / e) / f) Interpretation of Article 150.9 of the Code of Administrative Offenses in connection with Articles 38.1, 145.1.6 and 146.1-1 of that Code /
The legislator, when regulating human and civil rights and freedoms arising from Article 71.II of the Constitution, must be guided by the requirement to maintain a balance between private and public interests when considering periods of liability and determining the rules for their calculation.
The legislator must aim to prevent that persons who have committed an administrative offense are under... Read more
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
2.1.1.1
Sources - Categories - Written rules - National rules.
3.10
General Principles - Certainty of the law.
3.17
General Principles - Weighing of interests.
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
Administrative offense, administrative offense protocol, administrative responsibility, penalty, execution, expiration.
BEL-2023-1-001 a) Belgium / b) Constitutional Court / c) / d) 03.03.2023 / e) 36/2023 / f) /
It is not for the Constitutional Court, when ruling on an action for annulment of a law approving a treaty on the transfer of sentenced persons, to engage in an abstract balancing exercise between the duty of protection in relation to the right to life and the duty to protect the right to lead a life consistent with human dignity. This balancing exercise must be conducted in concreto and... Read more
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
3.17
General Principles - Weighing of interests.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Treaty, law granting approval / Treaty, transfer of sentenced persons / State, positive obligations, duty to protect life.
BEL-2023-1-002 a) Belgium / b) Constitutional Court / c) / d) 23.03.2023 / e) 53/2023 / f) /
A law is discriminatory if it requires the wife of a Belgian national, or the mother of a Belgian minor, who applies for Belgian nationality to prove that she has a minimum proficiency in one of the national languages, where that wife or mother possesses the requisite oral language skills but is unable, because of her illiteracy, to acquire the requisite written language skills, even by attending... Read more
3.16
General Principles - Proportionality.
5.2.2.5
Fundamental Rights - Equality - Criteria of distinction - Social origin.
5.3.8
Fundamental Rights - Civil and political rights - Right to citizenship or nationality.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Social integration / Language, proficiency / Illiteracy / Citizenship, acquisition, conditions.
BEL-2023-1-003 a) Belgium / b) Constitutional Court / c) / d) 30.03.2023 / e) 56/2023 / f) /
Under a gestational surrogacy arrangement, a woman's husband consented to oocytes from an anonymous donor fertilised by another man's gametes being implanted in his wife’s body. The law prohibiting this other man from rebutting the legal presumption of the husband’s paternity in order to have his own paternity recognised is incompatible with the right to privacy of the two men and also of the... Read more
3.17
General Principles - Weighing of interests.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33.1
Fundamental Rights - Civil and political rights - Right to family life - Descent.
Gestational surrogacy / Paternity, right to challenge / Presumption, legal, irrebuttable.
BEL-2023-1-004 a) Belgium / b) Constitutional Court / c) / d) 27.04.2023 / e) 68/2023 / f) /
The COVID Safe Ticket (hereinafter, "CST") legislation did not introduce a vaccination requirement. Freedom of movement does not prevent access to certain places from being subject to conditions of general application, such as purchasing an admission ticket or showing a CST. Interference with the right to respect for private and family life is necessary to protect health and society, but whether... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
COVID-19, health pass / Vaccination, mandatory / State, positive obligations, duty to protect life and health.
BIH-2023-1-001 a) Bosnia and Herzegovina / b) Constitutional Court / c) Plenary / d) 23.03.2023 / e) U-27/22 / f) /
The timing of the adoption of the provisions relating to the rules on the indirect electoral process on a voting day does not necessarily affect the free expression of the will of voters who voted in direct elections within the meaning of Article 3 Protocol 1 ECHR.
The principle of proportional representation under Article IX.11.a of the Constitution, valid in the context of employment and the... Read more
3.10
General Principles - Certainty of the law.
4.4.4.3
Institutions - Head of State - Appointment - Direct/indirect election.
4.5.3.1
Institutions - Legislative bodies - Composition - Election of members.
4.9.3
Institutions - Elections and instruments of direct democracy - Electoral system.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
Election, free / Election, directness / Electoral system, proportional representation / Electoral system, stability / High Representative for Bosnia and Herzegovina / High Representative, decision.
CAN-2023-1-001 a) Canada / b) Supreme Court / c) / d) 27.01.2023 / e) 39338 / f) R. v. Hills /
The mandatory minimum sentence of four years’ imprisonment set out in Section 244.2.3.b of the Criminal Code for intentionally discharging a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place, is grossly disproportionate and constitutes cruel and unusual punishment, thus infringing Section 12 of the Canadian Charter of Rights and... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Sentence, mandatory minimum, constitutionality / Imprisonment, mandatory minimum sentence / Charter of rights, cruel and unusual punishment / Firearms, mandatory minimum sentence.
CAN-2023-1-002 a) Canada / b) Supreme Court / c) / d) 27.01.2023 / e) 39438 / f) R. v. Hilbach /
The mandatory minimum sentences of five years’ imprisonment set out in Section 344.1.a.i of the Criminal Code for a first offence conviction of robbery committed with a restricted or prohibited firearm and of four years’ imprisonment set out in Section 344.1.a.1 of the Criminal Code for a conviction of robbery where an ordinary firearm was used do not constitute cruel and unusual punishment and... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Charter of rights, cruel and unusual punishment / Firearms, mandatory minimum sentence / Sentence, mandatory minimum, constitutionality / Imprisonment, mandatory minimum sentence.
CAN-2023-1-003 a) Canada / b) Supreme Court / c) / d) 17.02.2023 / e) 39543 / f) R. v. McGregor /
Section 8 of the Canadian Charter of Rights and Freedoms provides that "everyone has the right to be secure against unreasonable search or seizure". The search of the residence and of the electronic devices of a member of the Canadian Armed Forces (hereinafter, "CAF") posted in the United States by Canadian military investigators investigating the criminal activities of the member did not... Read more
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
Unreasonable search and seizure, home.
CAN-2023-1-004 a) Canada / b) Supreme Court / c) / d) 14.04.2023 / e) 39906 / f) Murray-Hall v. Quebec (Attorney General) /
The provisions of Quebec provincial legislation which completely prohibit the possession of cannabis plants and the cultivation of such plants for personal purposes in a dwelling house are a valid exercise by the province of the powers conferred on the provinces over property and civil rights and matters of a merely local or private nature by Section 92.13 and 92.16 of the Constitution Act, 1867.... Read more
3.4
General Principles - Separation of powers.
Cannabis, possession and cultivation, prohibition / Cannabis, provincial regulation.
CRC-2023-1-001 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 18.01.2023 / e) 2023-001054 / f) /
A legal provision banning membership in a professional association of an individual who has been judicially declared insolvent must necessarily contemplate exemptions, and the possibility of assessing mitigating factors or other justifiable circumstances that may have concurred to lead to such a declaration.
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
3.22
General Principles - Prohibition of arbitrariness.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Professional association / Professional association, right to remain a member / Membership, termination and suspension.
ECH-2023-1-001 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 30.11.2022 / e) 43800/14, 8019/16 and 28525/20 / f) Ukraine and the Netherlands v. Russia (dec.) [GC] /
Russia has a jurisdiction over parts of Eastern Ukraine controlled by separatists. Alleged administrative practices by Russia in eastern Ukraine under separatist control resulting in multiple Convention violations, including the downing of Malaysian Airlines flight MH17 unlawful military attacks against civilians and civilian objects, the shooting of civilians and the summary execution and... Read more
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5.2
Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Administrative practice civilian, killing / Burden of proof / Proof, standard / jurisdiction territorial / Effective control / Jurisdiction, personal.
ECH-2023-1-002 a) Council of Europe / b) European Court of Human Rights / c) Section I / d) 06.12.2022 / e) 38358/22 / f) Orhan v. Türkiye (dec.) /
The six month rule is applicable for the final domestic decision arrived at before, but notified after, entry into force on 1 February 2022 of new time limit under Protocol 15 ECHR.
1.4.3
Constitutional Justice - Procedure - Time-limits for instituting proceedings.
1.4.4
Constitutional Justice - Procedure - Exhaustion of remedies.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.10
Sources - Categories - Written rules - International instruments - Vienna Convention on the Law of Treaties of 1969.
2.3.10
Sources - Techniques of review - Contextual interpretation.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Exhaustion of remedies / Application, admissibility / European Court of Human Rights / Interpretation, purpose.
ECH-2023-1-003 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 17.01.2023 / e) 40792/10, 30538/14 and 43439/14 / f) Fedotova and Others v. Russia [GC] /
Having regard to its case-law as consolidated by a clear ongoing trend within the Council of Europe member States, the Court confirmed that in accordance with their positive obligations under Article 8 ECHR, the member States were required to provide a legal framework allowing same sex couples to be granted adequate recognition and protection of their relationship (violation of Article 8 ECHR).
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Same sex and different sex couples, non-discrimination / Same sex partnership / Same sex civil partnership, registered / Marriage, definition.
ECH-2023-1-004 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 23.01.2023 / e) 61435/19 / f) Macate v. Lithuania [GC] /
No legitimate aim for temporary suspension of children’s fairy tale book depicting same-sex relationships and its subsequent labelling as harmful to children under the age of 14.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Same sex relationship / Sexual orientation / Best interests of the child / Discrimination, sexual orientation / Homosexuality.
ECH-2023-1-005 a) Council of Europe / b) European Court of Human Rights / c) Section III / d) 24.01.2023 / e) 54714/17 / f) Svetova and Others v. Russia /
The search of the journalist's home and the indiscriminate seizure of personal belongings were deemed unjustified. This conclusion was reached due to the fact that the search warrant, which was issued in connection with an unrelated criminal case against third parties, was overly broad, thereby violating Article 8 ECHR.
Search and seizure of electronic data storage devices constituting... Read more
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Journalist, work, on-going criminal proceedings, penalty / Search and seizure, computer / Search of home / Freedom of expression / Reasonable suspicion.
ECH-2023-1-006 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 31.01.2023 / e) 76888/17 / f) Y. v. France [GC] /
Refusal by the national authorities to insert the term "neutral" or "intersex", instead of "male", on the birth certificate of an intersex person is not a violation of Article 8-1 ECHR (respect for private life).
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Sexual identity, self-determined, recognition / Sexual self-determination / Gender attribution, public record, amendment, judicial evaluation / Gender affiliation, determination.
ECH-2023-1-007 a) Council of Europe / b) European Court of Human Rights / c) Grande Chambre / d) 14.02.2023 / e) 21884/18 / f) Halet v. Luxembourg [GC] /
Criminal fine of 1,000 Euros for disclosing to the media confidential documents from a private-sector employer concerning the tax practices of multinational companies (hereinafter, "Luxleaks") is a violation of the right to freedom to impart information and to freedom of expression (Article 10-1 ECHR)
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
Information, confidential / Information, disclosure.
ECH-2023-1-008 a) Council of Europe / b) European Court of Human Rights / c) Grande Chambre / d) 09.03.2023 / e) 36345/16 / f) L.B. v. Hungary [GC] /
Unjustified publication of applicant’s identifying data, including home address, on tax authority website portal, for failing to fulfil his tax obligations is a violation of the right to private life (violation of Article 8.1 ECHR).
3.16
General Principles - Proportionality.
3.19
General Principles - Margin of appreciation.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Tax, avoidance / Tax, tax authorities, powers / Taxation, legislation, detail required / Taxation, legislative discretion / Taxation, principle of lawfulness / Private life, balance between rights and interests / Private life, database / Private life, interference, proportionality / Private life, protection / Margin of appreciation, legislator / Personal data, processing / Personal data, publication of information on the internet / Interference, disproportionate or arbitrary, public authority, protection.
CZE-2023-1-001 a) Czech Republic / b) Constitutional Court / c) Senate / d) 21.02.2023 / e) I. ÚS 1758/22 / f) Evidence in proceedings for compensation for non-pecuniary damage for flight delay /
Where a general court has held that the key and credible evidence for proving the length of the flight delay is the flight record drawn up by the operating air carrier (which is at liberty to dispose of the data recorded in accordance with its own interests,) this decision is contrary to the meaning and purpose of Regulation (EC) no. 261/2004 of the European Parliament and of the Council of 11... Read more
2.3.1
Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.4.7
Fundamental Rights - Economic, social and cultural rights - Consumer protection.
Airline, passenger / Compensation, non-pecuniary damage / Damages, liability / Evidence, assessment / Evidence, evaluation / Justification, reasonable.
CZE-2023-1-002 a) Czech Republic / b) Constitutional Court / c) Senate / d) 14.03.2023 / e) III. ÚS 2461/22 / f) Considering alternatives to pre-trial detention for childcare reasons /
When deciding whether pre-trial detention should be replaced by an alternative measure, general courts must consider the best interests of the child of the accused and adequately justify the impact of its decision on the child concerned.
5.3.5.1.2
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Police, custody, alternatives / Child, best interests.
ECJ-2023-1-001 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 17.01.2023 / e) C-632/20P / f) Spain v. Commission /
The Court annuls the Commission’s decision allowing Kosovo to participate in the Body of European Regulators for Electronic Communications.
3.18
General Principles - General interest.
4.16
Institutions - International relations.
4.17.3
Institutions - European Union - Distribution of powers between institutions of the EU.
International agreement, conclusion / International agreement, binding force / Electronic communications / Regulatory authorities of third countries / Kosovo / European Commission, competence / Treaty, binding effect / Treaty interpretation.
ECJ-2023-1-002 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 31.01.2023 / e) C-158/21 / f) Puig Gordi and others /
An executing judicial authority may not, in principle, refuse to execute a European arrest warrant on the basis that the court called upon to try the requested person in the issuing Member State does not have jurisdiction to do so.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Surrender / European arrest warrant, members of the European Parliament.
ECJ-2023-1-003 a) European Union / b) Court of Justice of the European Union / c) Third Chamber / d) 16.02.2023 / e) C-349/21 / f) HYA and others (Reasons for the authorisations for telephone tapping) /
A decision authorising telephone tapping may not contain individualised reasons.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.36.3
Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications.
Data, personal nature, processing / Telephone, tapping, necessary safeguards / Private life, protection / Interception, invasion of privacy, personal data, secrecy of correspondence, storage.
ECJ-2023-1-004 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 28.02.2023 / e) C-695/20 / f) Fenix International /
Online platforms and VAT collection: the EU Council (hereinafter, "Council") did not exceed the limits of its implementing power in specifying that the operator of a platform, such as Only Fans, is presumed to be the supplier of the services provided.
4.10.7.1
Institutions - Public finances - Taxation - Principles.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Online Platforms, Services Provided Electronically / EU, Charter of Fundamental Rights / EU, Council, decision-making power / EU, law, national implementation / Tax law / Tax, value-added.
ECJ-2023-1-005 a) European Union / b) Court of Justice of the European Union / c) First Chamber / d) 30.03.2023 / e) C-34/21 / f) Hauptpersonalrat der Lehrerinnen und Lehrer /
National legislation cannot constitute a "more specific rule", within the meaning of Article 88.1 of the General Data Protection Regulation (hereinafter, "GDPR"), where it does not satisfy the conditions laid down in paragraph 2 of that article. The application of national provisions adopted to ensure the protection of employees’ rights and freedoms with regard to the processing of their personal... Read more
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Data, personal, processing / Privacy, employee, education, videoconferencing.
ECJ-2023-1-006 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 18.04.2023 / e) C-699/21 / f) E. D. L. (Reason for refusal based on illness) /
European arrest warrant: a manifest risk that the health of the requested person will be jeopardised justifies temporarily suspending his or her surrender and obliges the executing authority to ask the issuing authority for information concerning the conditions in which it intends to prosecute or detain that person.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Surrender / European arrest warrant, non-execution, basis / Extradition, health.
ECJ-2023-1-007 a) European Union / b) Court of Justice of the European Union / c) Third Chamber / d) 18.04.2023 / e) C-1/23PPU / f) Afrin /
Family reunification: European Union law precludes national legislation which requires, without exception, that an application for family reunification be submitted in person at a competent diplomatic post.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Foreigner, family, reunification / EU, family, stay, permit / Child, best interests, family ties / Child, family, stability / Family life, minor / Family reunification, application.
FIN-2023-1-001 a) Finland / b) Supreme Court / c) / d) 23.02.2023 / e) KKO 2023:14 / f) /
In general, evidence obtained through criminal incitement is per se inadmissible, by virtue of the manner in which it has been obtained.
Evidence obtained through unlawful means other than by means of torture or in breach of the protection against self-incrimination may be used.
The principle of free evaluation of evidence is given primacy and ruling of inadmissibility is exceptional.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.36.2
Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications.
Evidence, unlawfully obtained / Evidence, illegally obtained, admissibility.
FRA-2023-1-001 a) France / b) Constitutional Council / c) / d) 19.01.2023 / e) 2022-1030 QPC / f) Paris Bar Association et al. (searches carried out at a lawyer’s offices or home) /
Article 16 of the Declaration of the Rights of Man and of the Citizen of 1789 guarantees respect for the rights of the defence; there is no constitutional provision that specifically enshrines a right to secrecy in exchanges and correspondence conducted by lawyers.
It is the legislator's responsibility to reconcile the task of apprehending offenders, necessary for the protection of... Read more
3.17
General Principles - Weighing of interests.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.36.1
Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence.
Confidentiality of correspondence, effectiveness / Search, lawyer’s office / Lawyer, client, confidentiality of communications, protection.
FRA-2023-1-002 a) France / b) Constitutional Council / c) / d) 19.01.2023 / e) 2022-846 DC / f) Policy and Programme Act of the Ministry of the Interior /
Investigative acts that may be carried out under cover may be performed only by investigators assigned to specialised departments and specially empowered for this purpose. Such acts must not constitute incitement to commit an offence, moreover. The provision of legal, financial or material resources must be authorised by the public prosecutor or investigating judge, in order to comply with... Read more
5.2
Fundamental Rights - Equality.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Criminal investigation, measures / Judicial authority, intervention, necessity / Criminal investigation police, investigation, undercover / Criminal investigation police, official / Police, investigative assistant / Offences, fixed penalty.
FRA-2023-1-003 a) France / b) Constitutional Council / c) / d) 10.02.2023 / e) 2022-1034 QPC / f) Union of Judges et al. (Ordering or extending pre-trial juvenile detention and coercive measures to record identifying features) /
It follows from the fundamental principle recognised by the laws of the Republic in matters of juvenile justice that the educational and psychological rehabilitation of delinquent children needs to be sought through measures appropriate to their age and personality, ordered by a specialised court or under appropriate procedures. These requirements do not, however, preclude the imposition, where... Read more
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Minors, protection / Minors, pre-trial detention, special penal institution / Child, best interests / Minors, fingerprints, photographs, without consent.
FRA-2023-1-004 a) France / b) Constitutional Council / c) / d) 09.03.2023 / e) 2023-848 DC / f) Renewable Energies Acceleration Act /
Article 1 of the Environmental Charter provides that "Everyone has the right to live in a balanced environment that respects health". Any restrictions imposed by the legislature on the exercise of this right must be related to constitutional requirements or justified by a reason of general interest that is proportionate to the aim pursued.
According to Article 16 of the Declaration of the Rights... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
4.5.2.4
Institutions - Legislative bodies - Powers - Negative incompetence.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Energy, renewable, production / Environment, protection / Relief, environmental permit, notification.
FRA-2023-1-005 a) France / b) Constitutional Council / c) / d) 14.04.2023 / e) 2023-849 DC / f) Amending Social Security Finance Act for 2023 /
Recourse to an amending social security finance act is not subject to the requirement that the matter be urgent, or that there be exceptional circumstances or a major imbalance in the social security accounts. The Constitutional Council has merely to ensure that the act includes the provisions that fall within its compulsory scope and to check that the other provisions do not constitute social... Read more
3.21
General Principles - Equality.
4.5.6
Institutions - Legislative bodies - Law-making procedure.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Social security, finance act / Parliament, act, consideration, reduced timeframes / Retirement pensions, reform / Retirement pension, contribution, period, extension.
FRA-2023-1-006 a) France / b) Constitutional Council / c) / d) 21.04.2023 / e) 2023-1046 QPC / f) Mr Éric D. (Searches carried out on ministerial premises) /
Like the legislator’s disregard for its own competence, disregard for the principle of the separation of powers can only be pleaded in support of an application for a priority preliminary ruling on constitutionality where such disregard in itself affects a right or freedom secured by the Constitution.
1.3.1
Constitutional Justice - Jurisdiction - Scope of review.
3.4
General Principles - Separation of powers.
4.5.2.4
Institutions - Legislative bodies - Powers - Negative incompetence.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Application for a priority preliminary ruling, scope of review.
GER-2023-1-001 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 17.11.2022 / e) 2 BvR 378/20 / f) Application to compel criminal prosecution /
1a. The Basic Law contains no fundamental right to have third parties criminally prosecuted. However, a right to effective prosecution exists when, inter alia, there is an allegation that public officials have committed criminal offences in the performance of their official duties.
1b. This right is of particular importance for offences in which the victims were in some special way being taken... Read more
3.22
General Principles - Prohibition of arbitrariness.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
Criminal procedure, principles / Effective investigation / Effective prosecution, right / Police custody / Police officer, investigation / Prosecutor’s office, investigation, refusal / Procedural rules, application.
GER-2023-1-002 a) Germany / b) Federal Constitutional Court / c) First Chamber of the Second Panel / d) 17.11.2022 / e) 2 BvR 2009/22 / f) Insufficient Examination of Minimum Information Requirements in European Arrest Warrant – Preliminary Injunction /
1. The Higher Regional Court did not sufficiently examine whether there was compliance with the minimum information requirements for a European Arrest Warrant. This violated the applicant’s right under Article 47.1 of the EU Charter of Fundamental Rights to effective legal protection.
2. The required weighing of consequences favours the applicant. If he were extradited and it were later... Read more
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
European Arrest Warrant / Extradition, receiving State, information / Preliminary injunction, weighing of consequences.
GER-2023-1-003 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 07.12.2022 / e) 2 BvR 988/16 / f) Corporation Tax Increase Potential /
1. § 34.16 of the Corporation Tax Act (in the version of the Tax Act 2008) provides for an exemption for certain real estate companies and tax-exempt corporations from a corporation tax increase that does not take into account the distribution of profits – the new legal framework under § 38.5 and 6 of the Corporation Tax Act (in the version of the Tax Act 2008); these companies can apply for the... Read more
3.10
General Principles - Certainty of the law.
3.16
General Principles - Proportionality.
3.22
General Principles - Prohibition of arbitrariness.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Legitimate expectation / Tax law, amendments / Tax law, legislator’s authority to categorise.
GER-2023-1-004 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 09.12.2022 / e) 1 BvR 1345/21 / f) Police Powers in Mecklenburg-Western Pomerania /
1. The use of confidential informants and undercover investigators can affect the core of private life where their deployment results in information relating to the core of private life being obtained. Moreover, under certain circumstances, interactions between an undercover investigator or a confidential informant and a target person can in and of themselves affect the core of private life... Read more
3.16
General Principles - Proportionality.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
5.3.36
Fundamental Rights - Civil and political rights - Inviolability of communications.
Data, collection, secret / Information technology systems, confidentiality and integrity, fundamental right / Informational self-determination / Information technology, system, secret infiltration / Police, legislation / Police, powers / Police, surveillance, limits / Privacy, invasion, proportionality / Security, public, danger / Surveillance, secret / Terrorism, fight, fundamental rights, protection, weighing.
GER-2023-1-005 a) Germany / b) Federal Constitutional Court / c) First Chamber of the Second Panel / d) 19.01.2023 / e) 2 BvR 1719/21 / f) Prolonged use of physical restraints on a person in preventive detention /
1a. Any physical restraint order severely interferes with the general right of personality (Article 2.1 of the Basic Law in conjunction with Article 1.1 of the Basic Law). When examining the severity of the interference in the specific case, relevant factors are the type of physical restraint measure and the length of time during which it is applied, the stigmatising effect any visible physical... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
Detention, in hospital / Physical restraint, use, judicial order, statutory basis / Prison, medical treatment, detention, review.
GER-2023-1-006 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 20.01.2023 / e) 1 BvR 2345/22 / f) Father’s Right of Contact /
1. Article 6.2 of the Basic Law guarantees parents a right of contact with their children. Restrictions or exclusions of this right can only be justified if they serve to protect the child and to avert risks to the child’s psychological or physical development in the individual case.
In order to take into account the right of the parent under Article 6.2 of the Basic Law, the ordinary courts... Read more
3.16
General Principles - Proportionality.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Child, parent, separation / Child, protection / Child, right to contact / Child, sexual abuse / Child, welfare / Parent, offender, best interests of the child / Parental rights.
GER-2023-1-007 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 24.01.2023 / e) 2 BvF 2/18 / f) Funding of political parties – absolute limit /
1. The absolute limit and relative limit on state financing of political parties complement one another in enabling political parties to fulfil their mandate of participating in the formation of the political will. While the relative limit is aimed at maintaining sufficient ties between political parties and the electorate and at preventing parties from becoming predominantly or exclusively... Read more
4.5.6
Institutions - Legislative bodies - Law-making procedure.
4.5.10.2
Institutions - Legislative bodies - Political parties - Financing.
4.5.10.3
Institutions - Legislative bodies - Political parties - Role.
Political party, funding / Political party, subsidy / Political will, formation.
GER-2023-1-008 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 01.02.2023 / e) 1 BvL 7/18 / f) Child marriages /
1. Marriage within the meaning of Article 6.1 of the Basic Law is a long-term partnership that is based on the free will, equality and autonomy of the partners, with the official ceremony of marriage serving to substantiate the marriage through a formal and recognisable act.
Marriages concluded under foreign law that conflict with the structural principles of constitutional law do not fall... Read more
3.16
General Principles - Proportionality.
5.3.34
Fundamental Rights - Civil and political rights - Right to marriage.
Child, protection / Marriage, constitutional protection / Marriage, forced, prevention / Marriage, minor, abroad, recognition / Marriage, minor, right to choose spouse.
GER-2023-1-009 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 16.02.2023 / e) 1 BvR 1547/19, 1 BvR 2634/20 / f) Automated Data Analysis /
1. When stored data is processed by means of automated data analysis or interpretation, this constitutes an interference with the informational self-determination (Article 2.1 in conjunction with Article 1.1 of the Basic Law) of all persons whose personal data is used in such processing.
2. The severity of interference resulting from automated data analysis or interpretation and the requirements... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Data mining / Data, personal, electronic processing / Data, use, change in purpose, principle / Data, use, purpose, limitation, principle / Informational self-determination / Police, legislation / Police, surveillance powers, limits / Privacy, invasion, proportionality / Security, public, danger / Terrorism, fight.
GER-2023-1-010 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 22.02.2023 / e) 2 BvE 3/19 / f) Funding Desiderius Erasmus Foundation /
1. Interferences with the right to equal opportunities in political competition under Article 21.1 first sentence of the Basic Law must be based on a statutory provision, unless the state action in question is directly legitimated by the Constitution itself.
2. The adoption of a Federal Budget Act does not entirely satisfy the requirement for a special statutory framework governing state funding... Read more
4.5.10.2
Institutions - Legislative bodies - Political parties - Financing.
Political parties, discrimination / Political parties, equal opportunities / Political party, foundation, state support, equality / Public funds, award, political parties / Public funds, budget, legislator, allocation.
GER-2023-1-011 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the First Panel / d) 28.02.2023 / e) 1 BvR 187/21 / f) Expulsion from a sports association due to membership in the right extremist NPD party /
1. In principle, associations set the framework within which the rights of their members may operate. The fundamental right to freedom of association arising from Article 9.1 of the Basic Law generally affords associations the right to independently decide on the admission and expulsion of members. The Basic Law guarantees the principle of free establishment of associations initiated by private... Read more
5.1.2
Fundamental Rights - General questions - Horizontal effects.
5.2.2.9
Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
Discrimination, private actors, political opinion / Equality, application, private law / Political party, membership / Social life, participation.
ISR-2023-1-001 a) Israel / b) Supreme Court (High Court of Justice) / c) Extended Panel / d) 06.05.2020 / e) HCJ 2592/20 / f) The Movement for Quality Government in Israel v. The Attorney General /
The task of forming a government may be assigned to a member of the Knesset who has been indicted for offenses involving violations of public integrity. The coalition agreement between the "Blue and White" and "Likud" parties does not contravene legal or constitutional principles, and does not contradict public policy, to such an extent that all or some of its provisions should be held void.
4.4.4.1
Institutions - Head of State - Appointment - Necessary qualifications.
4.5.7.2
Institutions - Legislative bodies - Relations with the executive bodies - Questions of confidence.
4.6.4.1
Institutions - Executive bodies - Composition - Appointment of members.
Executive, formation / Legislature, member, moral turpitude / Judicial review, scope.
ISR-2023-1-002 a) Israel / b) Supreme Court (High Court of Justice) / c) Extended Panel / d) 23.05.2021 / e) HCJ 5969/20 / f) Shaffir v. The Knesset /
A legislative act must satisfy certain criteria in order to qualify as a Basic Law, i.e. as part of the State's future Constitution. The Amendment no. 50 to "Basic Law: The Knesset" did not fulfil these criteria. However, in light of the fact that the Amendment included temporary measures relating to the State Budget for fiscal year 2020, which had already ended when the judgment was... Read more
1.3.5.3
Constitutional Justice - Jurisdiction - The subject of review - Constitution.
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.4
General Principles - Separation of powers.
4.10.2
Institutions - Public finances - Budget.
4.14
Institutions - Activities and duties assigned to the State by the Constitution.
Constitutionality, review / Constitution, amendment / State budget / Constitution, amendment, validity.
ISR-2023-1-003 a) Israel / b) Supreme Court (High Court of Justice) / c) Extended Panel / d) 08.07.2021 / e) HCJ 5555/18 / f) Hasson v. The Knesset /
There are no grounds to annul the Nation-State Basic Law, or to intervene in any of its provisions and the Law is to be given a validating interpretation consistent with the other Basic Laws and with the principles and values of the Israeli legal system.
The fact that the principle of equality is not explicitly mentioned in the Basic Law does not detract from its status and importance as a basic... Read more
1.3.5.3
Constitutional Justice - Jurisdiction - The subject of review - Constitution.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
4.2
Institutions - State Symbols.
4.3.1
Institutions - Languages - Official language(s).
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
4.7.1
Institutions - Judicial bodies - Jurisdiction.
4.14
Institutions - Activities and duties assigned to the State by the Constitution.
5.1.1.1
Fundamental Rights - General questions - Entitlement to rights - Nationals.
5.2.2.3
Fundamental Rights - Equality - Criteria of distinction - Ethnic origin.
5.3.40
Fundamental Rights - Civil and political rights - Linguistic freedom.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.5.4
Fundamental Rights - Collective rights - Right to self-determination.
Constitution, amendment, proposal, constitutional review / Constitution, amendment, substantive limitation / Constitution, basic structure, doctrine / Equality and non-discrimination / Equality, collective / Equality, principle, derogation, validity over time / Language rights.
ITA-2023-1-001 a) Italy / b) Constitutional Court / c) / d) 22.12.2022 / e) 131/2022 / f) /
According to the case law of the Court of Justice of the European Union, the temporal effects of a preliminary ruling can only be altered by the Court itself, and only in that same ruling. Individual Member States may not alter the temporal effects of that interpretation, and certainly not where there is a Directive envisaging complete harmonisation, with specified exceptions.
The legislator, by... Read more
1.1.4.2
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies.
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
1.3.5.2.1
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Primary legislation.
1.3.5.3
Constitutional Justice - Jurisdiction - The subject of review - Constitution.
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.3.8
Sources - Techniques of review - Systematic interpretation.
2.3.10
Sources - Techniques of review - Contextual interpretation.
3.9
General Principles - Rule of law.
3.20
General Principles - Reasonableness.
3.22
General Principles - Prohibition of arbitrariness.
5.2
Fundamental Rights - Equality.
5.4.7
Fundamental Rights - Economic, social and cultural rights - Consumer protection.
Consumer credit agreement, early repayment / Court of Justice of the European Union, preliminary ruling, temporal effect.
KAZ-2023-1-001 a) Kazakhstan / b) Constitutional Council / c) / d) 22.02.2023 / e) 1 / f) /
The main guarantee for the protection of the rights and legitimate interests of citizens is the right to judicial protection, enshrined in Article 13.2 of the Constitution. This right is absolute and inalienable and is not subject to restriction in any cases (Article 39.3 of the Basic Law).
The Constitution predetermines the main content and orientation of the laws adopted and in force to ensure... Read more
1.4.14.3
Constitutional Justice - Procedure - Costs - Party costs.
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
3.21
General Principles - Equality.
4.10.7
Institutions - Public finances - Taxation.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.37
Fundamental Rights - Civil and political rights - Right of petition.
Access to justice, costs, pro deo / State fee, obstacle / Cassation appeal / Access to court, limitations / Fee, amount / Equality before the law / Right to judicial protection, access to court, limitations / Right to a fair trial.
KAZ-2023-1-002 a) Kazakhstan / b) Constitutional Council / c) / d) 06.03.2023 / e) 4 / f) /
Article 16.3.6 of the Law on the Civil Service which provides an indefinite and unconditional ban to hold public office on citizens dismissed for a disciplinary offence discrediting the civil service violates the constitutional limits of permissible restrictions of constitutional rights and freedoms and does not meet the requirements of justice, proportionality and reasonableness provided in... Read more
3.16
General Principles - Proportionality.
3.21
General Principles - Equality.
4.6.9.1
Institutions - Executive bodies - The civil service - Conditions of access.
5.2.1.2.2
Fundamental Rights - Equality - Scope of application - Employment - In public law.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
The civil service / Employment, civil law / Right of access to the public service / Corruption.
KAZ-2023-1-003 a) Kazakhstan / b) Constitutional Council / c) / d) 11.04.2023 / e) 9 / f) /
By guaranteeing the right to recognition as a person before the law, the Constitution entitles every person to defend their rights and freedoms by all means not contrary to the law, including the rights to judicial protection and to receive qualified legal assistance as provided in Article 13 of the Constitution.
Article 15.1 of the Constitution enshrines the rights to life and to personal... Read more
3.13
General Principles - Legality.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.27
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Access to court, limitations / House arrest, rights.
KAZ-2023-1-004 a) Kazakhstan / b) Constitutional Council / c) / d) 21.04.2023 / e) 11 / f) /
The right to privacy, enshrined in Article 18.1 of the Constitution, is not absolute and subject to limitations under the conditions established by the Constitution. Restrictions to the right to privacy must be established by law, be necessary and proportionate, and consistent with constitutionally recognised purposes.
The right to privacy, including the right to an image, must be balanced with... Read more
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Right to an image / Right to disseminate information of public importance.
KAZ-2023-1-005 a) Kazakhstan / b) Constitutional Council / c) / d) 01.06.2023 / e) 18 / f) /
The Regulatory Statement of the Supreme Court including the requirement to attach an expert opinion to an adoption application to the court is inconsistent with the constitutional principles of separation of powers, access to justice, conditions for restricting rights and freedoms, and on who can decide issues of the legal personality of individuals and legal entities, civil rights and... Read more
2.1.1.4.15
Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
3.13
General Principles - Legality.
3.20
General Principles - Reasonableness.
4.7.7
Institutions - Judicial bodies - Supreme court.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Adoption, establishing parenthood, molecular genetic examination.
KOR-2023-1-001 a) Korea / b) Constitutional Court / c) / d) 27.01.2022 / e) 2016Hun-Ma364 / f) Complete Suspension of the Operation of Kaesong Industrial Complex /
A series of acts comprised of the measure of completely shutting down the operation of the Kaesong Industrial Complex, including the President of the Republic of Korea’s decision to completely shut down its operation on 10 February 2016, and the Minister of Unification’s formulation of a plan for withdrawal from the Complex, his release of a statement declaring a complete shutdown of the Complex,... Read more
1.3.5.14
Constitutional Justice - Jurisdiction - The subject of review - Government acts.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
4.4.6.1.2
Institutions - Head of State - Status - Liability - Political responsibility.
4.14
Institutions - Activities and duties assigned to the State by the Constitution.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Kaesong Industrial Complex / Inter-Korean relations / Economic sanction / North Korea, nuclear test, long-range missile.
KOR-2023-1-002 a) Korea / b) Constitutional Court / c) / d) 31.03.2022 / e) 2017Hun-Ma1343, 2019Hun-Ma993, 2020Hun-Ma989, 2020Hun-Ma1486, 2021Hun-Ma1213, 2021Hun-Ma1385 (consolidated) / f) Prohibiting Non-Medical Providers from Performing Tattooing Procedures /
Questions arose over the process of tattooing by persons who are not medically qualified and certain provisions that had been put in place to protect the safety of customers and the wider public. The legislature has discretion to enact such safeguarding measures; this does not impinge on the freedom of occupational choice of non-medically qualified operators. The fact that the legislature has not... Read more
1.3.5.15
Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
4.5.2.4
Institutions - Legislative bodies - Powers - Negative incompetence.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Tattoo, non-medical provider / Medical service, illegal / Public health, hygiene, sanitation.
KOR-2023-1-003 a) Korea / b) Constitutional Court / c) / d) 27.10.2022 / e) 2018Hun-Ba115 / f) Aggravated Prohibition and Nullity of Marriage between Blood Relatives within Eighth Degree of Relationship /
Questions had arisen over the constitutionality of provisions in the legislation governing marriages and particularly the provision of the Civil Act, which prohibits a marriage between blood relatives within the eighth degree of relationship. A further provision that declares null and void a marriage that is in violation of the above rule is out of line with the Constitution.
1.6.2
Constitutional Justice - Effects - Determination of effects by the court.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.3.34
Fundamental Rights - Civil and political rights - Right to marriage.
Consanguineous marriage, genetics, impact / Incest, taboo / Blood relative, eighth degree / Marriage, null, void.
KOS-2023-1-001 a) Kosovo / b) Constitutional Court / c) / d) 30.12.2022 / e) KO 190/19 / f) Constitutional review of Article 8.2 of the Law no. 04/L-131 on Pension Schemes Financed by the State in conjunction with Articles 5 and 6 of the Administrative Instruction (MLSW) no. 09/2015 on Categorisation of Beneficiaries of Contribute Paying Pensions according to Qualification Structure and Duration of Payment of Contributions /
The difference in treatment between two groups/categories of citizens, who are in similar situations in terms of the contribution-payer pension category, notwithstanding that this requirement is prescribed by law, the criterion of fifteen years of work experience/contribution until 1 January 1999, during the ‘90s, when the employment relationships of the vast majority of Albanian employees were... Read more
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
1.3.5.13
Constitutional Justice - Jurisdiction - The subject of review - Administrative acts.
1.6.5.4
Constitutional Justice - Effects - Temporal effect -
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.4.5
Sources - Categories - Written rules - International instruments - Geneva Convention on the Status of Refugees of 1951.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Incidental control / Pension, age / Contribution, payer, pension, discrimination.
KOS-2023-1-002 a) Kosovo / b) Constitutional Court / c) / d) 07.03.2023 / e) KO 129/21 / f) Velerda Sopi - Constitutional review of "actions and inactions" of the Basic Court in Gjilan, the Basic Prosecutor’s Office in Gjilan, the Police Station in Graçanica and the Basic Prosecutor’s Office in Prishtina /
The state authorities in the context of their positive obligation based on constitutional guarantees, but also the international instruments directly applicable in the legal order of the Republic of Kosovo, including the principles stemming from the case law of the European Court of Human Rights should undertake necessary measures in protecting the right to life of victims of domestic violence.... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.7
Sources - Categories - Written rules - International instruments - International Convention on the Elimination of all Forms of Racial Discrimination of 1965.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.3
Sources - Categories - Case-law - International case-law - Other international bodies.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Positive obligations, failure to act / Domestic violence.
KOS-2023-1-003 a) Kosovo / b) Constitutional Court / c) / d) 24.03.2023 / e) KO 100/22, KO 101/22 / f) Assembly – Constitutional review of Law no. 08/L-136 on Amending and Supplementing the Law no.06/L-056 on the Kosovo Prosecutorial Council /
The competence of the Assembly to elect the relevant members of the Prosecutorial Council is determined by the Constitution and therefore, it cannot be transferred to the institution of the Ombudsperson through a law. Provding that the lay members of the Prosecutorial Council who are dismissed from their position that they do not have the right of appeal directly to the Supreme Court, like the... Read more
1.2.1.2
Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.3.4.10
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.2.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution.
3.4
General Principles - Separation of powers.
4.7.4.3.4
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Term of office.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
Prosecutorial Council, composition, end of office, independence / Legal remedies, separation of powers.
LIE-2023-1-001 a) Liechtenstein / b) Constitutional Court / c) / d) 14.03.2023 / e) StGH 2023-012 / f) /
When a judge at the Court of First Instance accepts a notice of appeal via e-mail by a party who is not represented by a lawyer, the Court of Appeal cannot dismiss the appeal because the notice of appeal was not filed in writing.
3.10
General Principles - Certainty of the law.
Good faith, legitimate expectations.
MEX-2023-1-001 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 23.03.2022 / e) SUP-REC-107-2022 / f) /
The swearing in of an elected official can be modified or revoked if original defects in the electoral process come to light. If invalid administrative acts exist, even if all stages of the electoral process have been completed, the principle of finality must yield to the principle of legality to guarantee the correct integration of the City Council.
1.3.4.5
Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes.
3.3.1
General Principles - Democracy - Representative democracy.
3.10
General Principles - Certainty of the law.
3.13
General Principles - Legality.
3.17
General Principles - Weighing of interests.
4.5.3.1
Institutions - Legislative bodies - Composition - Election of members.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
Finality, principle / Administrative acts, nullity / Positions of popular representation, assignment, evidence / Electoral process, stages, immutability.
MEX-2023-1-002 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 10.08.2022 / e) SUP-RAP-131/2022 AND ACCUMULATED / f) /
Political parties may be penalised for violating campaign financing rules. Candidates may also be held directly and individually responsible for failing to comply with the obligation to reject contributions from certain entities if they are aware of their origin. However, even if due process is respected, if the circumstantial evidence is not used properly and other plausible hypotheses are not... Read more
4.5.10.2
Institutions - Legislative bodies - Political parties - Financing.
4.5.10.4
Institutions - Legislative bodies - Political parties - Prohibition.
4.9.8.1
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing.
5.3.13.16
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Prohibition of
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
Candidate, electoral financing rules, personal liability.
MEX-2023-1-003 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 21.12.2022 / e) SUP-JE-0275-2022 / f) /
Vote buying and voter coercion through the delivery of electoral material, the content of which refers to the promise of an economic payment, can be deemed an infraction without it being necessary to prove the creation of a possible list of beneficiaries. This is justified by the need for free, authentic, and trustworthy elections, in accordance with the applicable constitutional principles, as... Read more
1.3.4.5
Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes.
3.3
General Principles - Democracy.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.13
General Principles - Legality.
3.20
General Principles - Reasonableness.
4.7.3
Institutions - Judicial bodies - Decisions.
4.9.8
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.41.3
Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting.
Vote buying / Voter coercion / Social programmes, offer, propaganda material / Electoral register / Electoral integrity.
MEX-2023-1-004 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 22.03.2023 / e) SUP-JE-23/2023, SUP-JDC-118/2023 / f) /
A transitory article that loses its validity at the time of its implementation is directed at a specific subject and therefore lacks an impersonal, general, and abstract nature. This violates the principle of equality.
A transitory article that transgresses a power granted by the Constitution to an independent body violates its autonomy and functional independence.
1.1.2.2
Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Number of members.
1.3.4.2
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities.
1.3.4.12
Constitutional Justice - Jurisdiction - Types of litigation - Conflict of laws.
2.3.11
Sources - Techniques of review -
3.3.1
General Principles - Democracy - Representative democracy.
3.13
General Principles - Legality.
3.17
General Principles - Weighing of interests.
4.5.3.1
Institutions - Legislative bodies - Composition - Election of members.
4.13
Institutions - Independent administrative authorities.
5.2
Fundamental Rights - Equality.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
Transitory article, impact, status.
MDA-2023-1-001 a) Moldova / b) Constitutional Court / c) Plenary / d) 24.01.2023 / e) 3 / f) Exception d’inconstitutionnalité de l’article 321.2, 321.3 and 321.4 du Code de procédure pénale /
The rule according to which a person who does not abscond from the trial, who is not in pre-trial detention and who is charged with an offence which does not fall within the category of minor offences is obliged to attend the trial -– is unconstitutional.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
Fair trial / Criminal proceedings / Waiver of right / Right to be present at hearing.
MDA-2023-1-002 a) Moldova / b) Constitutional Court / c) Plenary / d) 14.02.2023 / e) 5 / f) Exception of unconstitutionality of certain provisions of Law no. 26 of 10 March 2022 on certain measures relating to the selection of candidates for membership of self-administrative bodies of judges and prosecutors /
The impossibility for candidates for membership of the self-administrative bodies of judges and prosecutors to request a resumption of the evaluation procedure when the decision of the Evaluation Committee is affected by serious procedural flaws is unconstitutional.
4.7.5
Institutions - Judicial bodies - Supreme Judicial Council or equivalent body.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Fair trial / Integrity, candidate, evaluation / Judicial Council.
MDA-2023-1-003 a) Moldova / b) Constitutional Court / c) Plenary / d) 06.04.2023 / e) 8 / f) Exceptions of unconstitutionality of certain provisions of Article 4.4 of Law no. 1585 of 27 February 1998, of Article 23.4 of Law no. 1593 of 26 December 2002 and point 10 of the Regulation approved by Government Decision no. 1246 of 19 December 2018 /
The relevant legislation provided that the Government was the insurer for severely, markedly, or moderately disabled persons and for parents who are effectively engaged in the upbringing and education of four or more children. However, if the persons in question decided to act as a lawyer, the law provided that this category of persons had to insure themselves individually, thus instituting a... Read more
5.2.2.5
Fundamental Rights - Equality - Criteria of distinction - Social origin.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Difference in treatment / Lawyer / Social protection.
MDA-2023-1-004 a) Moldova / b) Constitutional Court / c) Plenary / d) 11.04.2023 / e) 9 / f) Constitutional review of Article 365
MNE-2023-1-001 a) Montenegro / b) Constitutional Court / c) / d) 21.03.2023 / e) U-III 1720/19 / f) /
NED-2023-1-001 a) The Netherlands / b) Supreme Court / c) Civil chamber / d) 09.12.2022 / e) 22/01492 / f) / NED-2023-1-002 a) The Netherlands / b) Supreme Court / c) Criminal chamber / d) 24.01.2023 / e) 22/00595 / f) "Post-Jaddoe" /
NOR-2023-1-001 a) Norway / b) Supreme Court / c) Chamber / d) 31.03.2023 / e) HR-2023-604-A / f) /
MKD-2023-1-001 a) Republic of North Macedonia / b) Constitutional Court / c) / d) 07.03.2023 / e) 2020, 233/2020 / f) /
SRB-2023-1-001 a) Serbia / b) Constitutional Court / c) / d) 22.12.2022 / e) Už-17471/2021 / f) /
SVK-2023-1-001 a) Slovakia / b) Constitutional Court / c) Plenum / d) 13.12.2022 / e) PL. ÚS 13/2022 / f) /
SUI-2023-1-001 a) Switzerland / b) Federal Court / c) Second Chamber of Public Law / d) 03.09.2021 / e) 2C_308/2021 / f) A. and Others v. Executive Council of Bern Canton / SUI-2023-1-002 a) Switzerland / b) Federal Court / c) Court of Criminal Law / d) 09.06.2022 / e) 6B_1403/2021 / f) A. c. Vaud Public Prosecution Service / SUI-2023-1-003 a) Switzerland / b) Federal Court / c) Second Chamber of Public Law / d) 09.06.2022 / e) 6B_1403/2021 / f) A. c. Cantonal archives of Basel-Stadt canton and Presidential Department of Basel-Stadt canton /
TUR-2023-1-001 a) Türkiye / b) Constitutional Court / c) Plenary / d) 17.06.2021 / e) 2019/42944 / f) H.K. / TUR-2023-1-002 a) Türkiye / b) Constitutional Court / c) First Section / d) 07.09.2021 / e) 2018/30296 / f) B.Y. / TUR-2023-1-003 a) Türkiye / b) Constitutional Court / c) Plenary / d) 22.02.2023 / e) 2022/155 / f) /
UKR-2023-1-001 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 07.02.2023 / e) 1-r/2023 / f) Compliance of Article 22.2.3 of the Law on the "Upper General Secondary Education" with the Constitution / UKR-2023-1-002 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 01.03.2023 / e) 1-r (II)/2023 / f) Conformity of clause 6 of Section II "Final and Transitional Provisions" of the Law on "Amending Some Legislative Acts of Ukraine on Priority Measures for the Reform of the Prosecution Bodies" with the Constitution (constitutionality) (regarding guarantees of the prosecutor’s independence) / UKR-2023-1-003 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 01.03.2023 / e) 2-r (II)/2022 / f) Conformity of the provisions of Articles 294.1 and 383.6 of the Code of Administrative Procedure with the Constitution (constitutionality) (regarding the equality of the parties during judicial control over the court decision execution) / UKR-2023-1-004 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 22.03.2023 / e) 3-r (II)/2023 / f) Conformity of the provisions of Articles 70.2.4 and 70.2.5 of the Law on Enforcement Proceedings and Articles 50.2.3 and 50.2.4 of the Law on General Compulsory State Pension Insurance with the Constitution (regarding guaranteed pension, when it is an individual’s main income source and could fall below the statutory subsistence minimum) / UKR-2023-1-005 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 19.04.2023 / e) 4-r/2023 / f) Conformity of specific provisions of Articles 171.9.2 and 246.5.4 of the Code of Administrative Procedure with the Constitution /
Ed. 20.10.2023 15:04:38
The prohibition of generally known symbols used in the context of acts of military aggression, war crimes or crimes against humanity without analysing the context in which the punishable acts were committed constitutes an excessive interference with the exercise of the right to freedom of expression.
3.12
General Principles - Clarity and precision of legal provisions.
3.17
General Principles - Weighing of interests.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Extremism / Symbol / War / Freedom of expression / Restriction.
Under the Constitution and the European Convention on Human Rights, nobody can be subject to torture, inhuman or degrading treatment. These provisions contain a guarantee of respect and protection of the material and procedural aspect of this right.
In terms of the material aspect of the right to inviolability of physical and mental integrity and the prohibition of ill-treatment, this... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
Investigation, effective / Investigation, independent authority / Investigation, thorough, prompt.
Questions had arisen over legislation that regulates the provision of compulsory care for persons with a mental disorder, particularly in the field of birth control, and whether birth control could represent compulsory care for which judicial authorisation could be given.
The right to dispose of one's own body and to make choices about starting a family, including the right to decide whether to... Read more
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Compulsory birth control / Child, right to bear.
A question had arisen as to whether the practice of the Supreme Court of the Netherlands in general, particularly in terms of the shortened reasoning of a judgment, met the requirements of the International Covenant on Civil and Political Rights in the event of a conviction on appeal following an acquittal of the District Court.
1.5.2
Constitutional Justice - Decisions - Reasoning.
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
4.7.7
Institutions - Judicial bodies - Supreme court.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Review, criminal conviction and sentence, higher tribunal, right.
As regards a climate activist who participated in a demonstration within a ministry, the finding was made that, in the particular case, the fine imposed, seen in the light of the activist’s prior arrest and deprivation of liberty, constituted a disproportionate interference with the activist’s right to participate in peaceful assemblies and demonstrations. The activist was therefore acquitted.
3.16
General Principles - Proportionality.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Demonstration / Peaceful assembly, demonstration, activist, arrest, fine.
A legal provision stipulating that the President of the Judicial Council is elected from among lay, not judicial, members of the Council elected by the Assembly of the Republic of North Macedonia, creates a distinction between the two categories of members. This runs counter to the principle of equality and violates the principle of the separation of powers.
3.4
General Principles - Separation of powers.
4.7.4.1.3
Institutions - Judicial bodies - Organisation - Members - Election.
4.7.5
Institutions - Judicial bodies - Supreme Judicial Council or equivalent body.
Judicial Council, President, election.
All authorities must bear in mind the best interests of the child and provide a protective approach towards the child.
2.1.1.4.15
Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Best interests of the child / Child, protective approach towards victims / Plea bargaining, victim, child / Child or juvenile, sexual abuse / Criminal proceedings, victim / Lanzarote Convention / Committee of Ministers, Guidelines on child-friendly justice.
Not every violation of parliamentary debate rules renders the adopted law unconstitutional, but the unconstitutionality threshold may be crossed when parliamentary debate is so curtailed that MPs are precluded from consulting information crucial for evaluating long-term consequences of the proposed legislation.
1.3.4.9
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the formal validity of enactments.
4.5.4.1
Institutions - Legislative bodies - Organisation - Rules of procedure.
4.5.6
Institutions - Legislative bodies - Law-making procedure.
Legislative procedure, urgent / Legislative process, defect, judicial review / Parliament, debate, curtailed / State economy, long-term sustainability.
Limiting the number of participants in political and civil society demonstrations to 15 people constitutes a serious interference with freedom of assembly (point 5.1 of the reasoning). Legal basis (points 5.2-5.5 of the reasoning). Scope of freedom of assembly (points 6.2 and 6.3 of the reasoning). Public interest (point 6.5 of the reasoning). Concept and importance of the principle of... Read more
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
COVID-19, pandemic, measures / Demonstration, political, limitation, number of participants.
A situation where the deceased victim could not be heard in adversarial proceedings. Her incriminating statements were gathered through indirect testimony, as it had not been possible to hear her in formal proceedings. In such cases, it is essential that greater safeguards be in place to restore the balance of a fair trial (point 2 of the reasoning).
of that element was a matter for the... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.28
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to examine witnesses.
Criminal proceedings, indirect testimony / Criminal proceedings, victim, death / Prosecution witness / Victim, death, failure to interview.
The transfer of health-related - and therefore strictly personal, or sensitive - data from the juvenile prosecutor’s office and Basel University Psychiatric Clinics to Basel-Stadt Cantonal Archives constitutes an infringement of the right to privacy and informational self-determination (point 3 of the reasoning). In this case, there was a sufficient legal basis for the transfer under the Law on... Read more
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Archives, document, access / Document, right of access, limit / Data, closure periods / Personal data, access / Personal data, public archives / Personal data, storage / Personal data, medical / Personal data, protection / Medical records, archived, right of access / File, personal / Right to self-determination, information, personal.
The denial of the request for the change of name of a transgender person who had not yet undergone a gender reassignment surgery (although no such requirement was prescribed by law for the change of name at the time of the relevant case) violated the right to respect for private life safeguarded by the Constitution.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Transgender, first name, change / Civil register, amendment, name, sex.
The use of unlawfully obtained personal data during divorce proceedings violates the right to the protection of personal data under the right to respect for private life, safeguarded by the Constitution.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Divorce proceedings, personal data, unlawfully obtained, evidence, use.
The ban imposed by law on women not using their maiden surname on its own after marriage violates the principle of equality between men and women enshrined in Article 10 of the Constitution since it is not based on an objective and reasonable basis.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Woman, married, surname, use.
Provisions which prevent pedagogical employees of state and communal institutions of general secondary education, who have reached the age of retirement, from concluding open-ended employment contracts must be considered as unconstitutional because they violate the rights of these employees to work, equality, and non-discrimination.
5.2.1.2.2
Fundamental Rights - Equality - Scope of application - Employment - In public law.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Contract, employment, fixed-term, state institution / Education, secondary, staff, pensioners, employment.
A provision stipulating that prosecutors are deemed to have been warned about possible future dismissal from office is unconstitutional because it violates the principle of the rule of law, namely that of legal certainty. The provision lacks clarity as regards its content and the foreseeability of the legal consequences of its application.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
4.7.4.3.5
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - End of office.
Prosecutor, dismissal, uncertainty, notification.
Provisions of Articles 294.1 and 383.6 of the Code of Administrative Procedure are inconsistent with the Constitution (unconstitutional), in that they make it impossible to challenge in appeal the court decision to leave without satisfaction the application submitted in accordance with Article 383 of the Code of Administrative Procedure. Not providing a person with a right to appeal violates... Read more
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.19
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
Appeal, right / Judicial protection, effective, right.
Provisions of the legislation relating to enforcement proceedings and compulsory state pension insurance allow for foreclosure on a debtor’s pension, even if this is their only or main source of income. They are inconsistent with the constitutional right to a sufficient standard of living.
5.4.18
Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.
Statutory minimum subsistence level / Pension, enforcement proceedings, deduction.
The requirement established in the Code of Administrative Procedure to the effect that court decisions must indicate the place of residence or stay for individuals and the registration number of the taxpayer’s registration card could result in debtors being identifiable, thus infringing the right to protection of personal data. Limitations may be imposed on this right, however, by the legislator.... Read more
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Residence, place, parties, proceedings, court decision, identification / Taxpayer identification card, number.
1.1.2.2 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Number of members. MEX-2023-1-004 1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies. ITA-2023-1-001 1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies. KOS-2023-1-003 1.2.3 Constitutional Justice - Types of claim - Referral by a court. AZE-2023-1-002, ITA-2023-1-001, KOS-2023-1-001 1.3.1 Constitutional Justice - Jurisdiction - Scope of review. FRA-2023-1-006 1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review. KOS-2023-1-001 1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review. BEL-2023-1-001, KOS-2023-1-003 1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms. KOS-2023-1-003 1.3.4.2 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities. MEX-2023-1-004 1.3.4.5 Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes. MEX-2023-1-001, MEX-2023-1-003 1.3.4.9 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the formal validity of enactments. SVK-2023-1-001 1.3.4.10 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments. KOS-2023-1-003 1.3.4.12 Constitutional Justice - Jurisdiction - Types of litigation - Conflict of laws. MEX-2023-1-004 1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties. BEL-2023-1-001 1.3.5.2.1 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Primary legislation. ITA-2023-1-001 1.3.5.3 Constitutional Justice - Jurisdiction - The subject of review - Constitution. ISR-2023-1-002, ISR-2023-1-003, ITA-2023-1-001 1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law. KOS-2023-1-001, KOS-2023-1-003 1.3.5.13 Constitutional Justice - Jurisdiction - The subject of review - Administrative acts. KOS-2023-1-001 1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts. KOR-2023-1-001 1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation. KOR-2023-1-002 1.4.3 Constitutional Justice - Procedure - Time-limits for instituting proceedings. ECH-2023-1-002 1.4.4 Constitutional Justice - Procedure - Exhaustion of remedies. ECH-2023-1-002 1.4.8.8 Constitutional Justice - Procedure - Preparation of the case for trial - Decision that preparation is complete. ARG-2023-1-001 1.4.14.3 Constitutional Justice - Procedure - Costs - Party costs. KAZ-2023-1-001 1.5.2 Constitutional Justice - Decisions - Reasoning. NED-2023-1-002 1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality. ISR-2023-1-002, ITA-2023-1-001 1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures. GER-2023-1-002 1.6.2 Constitutional Justice - Effects - Determination of effects by the court. KOR-2023-1-003 1.6.5.4 Constitutional Justice - Effects - Temporal effect - Ex nunc effect. KOS-2023-1-001 2.1.1.1 Sources - Categories - Written rules - National rules. AZE-2023-1-002, KOS-2023-1-001, NED-2023-1-001 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. ISR-2023-1-002, ISR-2023-1-003, ITA-2023-1-001, KOS-2023-1-002, KOS-2023-1-003 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. GER-2023-1-002 2.1.1.4 Sources - Categories - Written rules - International instruments. ARG-2023-1-001 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. ECH-2023-1-002, KOS-2023-1-002, KOS-2023-1-003, NED-2023-1-001, SUI-2023-1-002 2.1.1.4.5 Sources - Categories - Written rules - International instruments - Geneva Convention on the Status of Refugees of 1951. KOS-2023-1-001 2.1.1.4.7 Sources - Categories - Written rules - International instruments - International Convention on the Elimination of all Forms of Racial Discrimination of 1965. KOS-2023-1-002 2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966. NED-2023-1-002 2.1.1.4.10 Sources - Categories - Written rules - International instruments - Vienna Convention on the Law of Treaties of 1969. ECH-2023-1-002 2.1.1.4.15 Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989. KAZ-2023-1-005, SRB-2023-1-001 2.1.3.1 Sources - Categories - Case-law - Domestic case-law. KOS-2023-1-001, KOS-2023-1-002, KOS-2023-1-003 2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights. ECH-2023-1-001, KOS-2023-1-001, KOS-2023-1-002, KOS-2023-1-003 2.1.3.2.2 Sources - Categories - Case-law - International case-law - Court of Justice of the European Union. GER-2023-1-002, KOS-2023-1-003 2.1.3.2.3 Sources - Categories - Case-law - International case-law - Other international bodies. KOS-2023-1-002 2.2.1.2 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts. TUR-2023-1-003 2.2.1.5 Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments. TUR-2023-1-003 2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution. KOS-2023-1-003 2.3.1 Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion. CZE-2023-1-001 2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation. ISR-2023-1-003 2.3.8 Sources - Techniques of review - Systematic interpretation. ITA-2023-1-001 2.3.10 Sources - Techniques of review - Contextual interpretation. ECH-2023-1-002, ITA-2023-1-001 2.3.11 Sources - Techniques of review - Pro homine/most favourable interpretation to the individual. MEX-2023-1-004 3.3 General Principles - Democracy. MEX-2023-1-003 3.3.1 General Principles - Democracy - Representative democracy. MEX-2023-1-001, MEX-2023-1-004 3.4 General Principles - Separation of powers. CAN-2023-1-004, FRA-2023-1-006, ISR-2023-1-002, KOS-2023-1-003, MKD-2023-1-001 3.9 General Principles - Rule of law. ITA-2023-1-001, MEX-2023-1-003, UKR-2023-1-002 3.10 General Principles - Certainty of the law. AZE-2023-1-002, BIH-2023-1-001, GER-2023-1-003, LIE-2023-1-001, MEX-2023-1-001, MEX-2023-1-003, UKR-2023-1-002 3.12 General Principles - Clarity and precision of legal provisions. BEL-2023-1-004, CRC-2023-1-001, KAZ-2023-1-001, MDA-2023-1-004 3.13 General Principles - Legality. AZE-2023-1-001, KAZ-2023-1-003, KAZ-2023-1-005, KOR-2023-1-001, MEX-2023-1-001, MEX-2023-1-003, MEX-2023-1-004, SUI-2023-1-001, SUI-2023-1-003 3.16 General Principles - Proportionality. ARG-2023-1-001, AZE-2023-1-001, BEL-2023-1-002, BEL-2023-1-004, CRC-2023-1-001, ECH-2023-1-008, FRA-2023-1-004, GER-2023-1-003, GER-2023-1-004, GER-2023-1-006, GER-2023-1-008, GER-2023-1-009, KAZ-2023-1-001, KAZ-2023-1-002, KAZ-2023-1-004, KOR-2023-1-001, KOR-2023-1-002, KOR-2023-1-003, NOR-2023-1-001, SUI-2023-1-001, SUI-2023-1-003 3.17 General Principles - Weighing of interests. AZE-2023-1-002, BEL-2023-1-001, BEL-2023-1-003, FRA-2023-1-001, FRA-2023-1-004, GER-2023-1-009, KOR-2023-1-002, KOR-2023-1-003, MDA-2023-1-004, MEX-2023-1-001, MEX-2023-1-004, SUI-2023-1-003 3.18 General Principles - General interest. ECJ-2023-1-001, SUI-2023-1-003 3.19 General Principles - Margin of appreciation. ECH-2023-1-008, KOR-2023-1-002 3.20 General Principles - Reasonableness. ARG-2023-1-001, CRC-2023-1-001, ITA-2023-1-001, KAZ-2023-1-004, KAZ-2023-1-005, KOR-2023-1-001, MEX-2023-1-003 3.21 General Principles - Equality. FRA-2023-1-005, KAZ-2023-1-001, KAZ-2023-1-002 3.22 General Principles - Prohibition of arbitrariness. ARG-2023-1-001, CRC-2023-1-001, GER-2023-1-001, GER-2023-1-003, ITA-2023-1-001 4.2 Institutions - State Symbols. ISR-2023-1-003 4.3.1 Institutions - Languages - Official language(s). ISR-2023-1-003 4.4.4.1 Institutions - Head of State - Appointment - Necessary qualifications. ISR-2023-1-001 4.4.4.3 Institutions - Head of State - Appointment - Direct/indirect election. BIH-2023-1-001 4.4.6.1.2 Institutions - Head of State - Status - Liability - Political responsibility. KOR-2023-1-001 4.5.2.4 Institutions - Legislative bodies - Powers - Negative incompetence. FRA-2023-1-004, FRA-2023-1-006, KOR-2023-1-002 4.5.3.1 Institutions - Legislative bodies - Composition - Election of members. BIH-2023-1-001, MEX-2023-1-001, MEX-2023-1-004 4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure. SVK-2023-1-001 4.5.6 Institutions - Legislative bodies - Law-making procedure. FRA-2023-1-005, GER-2023-1-007, SVK-2023-1-001 4.5.7.2 Institutions - Legislative bodies - Relations with the executive bodies - Questions of confidence. ISR-2023-1-001 4.5.8 Institutions - Legislative bodies - Relations with judicial bodies. AZE-2023-1-002, ISR-2023-1-003 4.5.10.2 Institutions - Legislative bodies - Political parties - Financing. GER-2023-1-007, GER-2023-1-010, MEX-2023-1-002 4.5.10.3 Institutions - Legislative bodies - Political parties - Role. GER-2023-1-007 4.5.10.4 Institutions - Legislative bodies - Political parties - Prohibition. MEX-2023-1-002 4.6.2 Institutions - Executive bodies - Powers. ARG-2023-1-001 4.6.4.1 Institutions - Executive bodies - Composition - Appointment of members. ISR-2023-1-001 4.6.9.1 Institutions - Executive bodies - The civil service - Conditions of access. KAZ-2023-1-002 4.7.1 Institutions - Judicial bodies - Jurisdiction. ISR-2023-1-003 4.7.2 Institutions - Judicial bodies - Procedure. ARG-2023-1-001 4.7.3 Institutions - Judicial bodies - Decisions. MEX-2023-1-003 4.7.4.1.3 Institutions - Judicial bodies - Organisation - Members - Election. MKD-2023-1-001 4.7.4.3.4 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Term of office. KOS-2023-1-003 4.7.4.3.5 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - End of office. UKR-2023-1-002 4.7.5 Institutions - Judicial bodies - Supreme Judicial Council or equivalent body. MDA-2023-1-002, MKD-2023-1-001 4.7.7 Institutions - Judicial bodies - Supreme court. KAZ-2023-1-005, NED-2023-1-002 4.7.9 Institutions - Judicial bodies - Administrative courts. ARG-2023-1-001 4.7.12 Institutions - Judicial bodies - Special courts. ARG-2023-1-001 4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system. BIH-2023-1-001 4.9.8 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material. MEX-2023-1-003 4.9.8.1 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing. MEX-2023-1-002 4.10.2 Institutions - Public finances - Budget. ISR-2023-1-002 4.10.7 Institutions - Public finances - Taxation. KAZ-2023-1-001 4.10.7.1 Institutions - Public finances - Taxation - Principles. ECJ-2023-1-004 4.11.2 Institutions - Armed forces, police forces and secret services - Police forces. GER-2023-1-009 4.13 Institutions - Independent administrative authorities. MEX-2023-1-004 4.14 Institutions - Activities and duties assigned to the State by the Constitution. ISR-2023-1-002, ISR-2023-1-003, KOR-2023-1-001 4.16 Institutions - International relations. ECJ-2023-1-001 4.17.3 Institutions - European Union - Distribution of powers between institutions of the EU. ECJ-2023-1-001 5.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals. ISR-2023-1-003 5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners. ARG-2023-1-001 5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status. ECJ-2023-1-007 5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors. FRA-2023-1-003 5.1.2 Fundamental Rights - General questions - Horizontal effects. GER-2023-1-011 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. GER-2023-1-001, KOS-2023-1-002 5.1.4 Fundamental Rights - General questions - Limits and restrictions. SUI-2023-1-001, SUI-2023-1-003 5.2 Fundamental Rights - Equality. FRA-2023-1-002, ITA-2023-1-001, MEX-2023-1-004 5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens. GER-2023-1-003, KOS-2023-1-003 5.2.1.2.2 Fundamental Rights - Equality - Scope of application - Employment - In public law. KAZ-2023-1-002, UKR-2023-1-001 5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections. MEX-2023-1-003 5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender. TUR-2023-1-003 5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin. ISR-2023-1-003 5.2.2.5 Fundamental Rights - Equality - Criteria of distinction - Social origin. BEL-2023-1-002, MDA-2023-1-003 5.2.2.9 Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation. GER-2023-1-011 5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation. ECH-2023-1-003, ECH-2023-1-004 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. BEL-2023-1-001, CAN-2023-1-001, CAN-2023-1-002, FRA-2023-1-003, GER-2023-1-005, MNE-2023-1-001 5.3.2 Fundamental Rights - Civil and political rights - Right to life. BEL-2023-1-001, ECH-2023-1-001, GER-2023-1-001, KAZ-2023-1-003, KOS-2023-1-002 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. CAN-2023-1-001, CAN-2023-1-002, ECH-2023-1-001, ECJ-2023-1-006, GER-2023-1-005, MNE-2023-1-001 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. GER-2023-1-005, MNE-2023-1-001 5.3.5 Fundamental Rights - Civil and political rights - Individual liberty. BEL-2023-1-004 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. CAN-2023-1-001, CAN-2023-1-002 5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest. ECJ-2023-1-002, ECJ-2023-1-006, GER-2023-1-002, KAZ-2023-1-003 5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures. CZE-2023-1-002 5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial. CZE-2023-1-002, FRA-2023-1-003 5.3.5.2 Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour. ECH-2023-1-001 5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement. BEL-2023-1-004 5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality. BEL-2023-1-002 5.3.9 Fundamental Rights - Civil and political rights - Right of residence. ECJ-2023-1-007 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. ARG-2023-1-001, FRA-2023-1-001, FRA-2023-1-003 5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings. CZE-2023-1-001 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. CZE-2023-1-002, ECJ-2023-1-002, ECJ-2023-1-006, FRA-2023-1-002, KAZ-2023-1-003, MDA-2023-1-001, SUI-2023-1-002 5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings. AZE-2023-1-002 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. FRA-2023-1-004, FRA-2023-1-006, GER-2023-1-001, GER-2023-1-002, MDA-2023-1-002, UKR-2023-1-003, UKR-2023-1-005 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. ECH-2023-1-002, ECJ-2023-1-002, KAZ-2023-1-001, KAZ-2023-1-003, KAZ-2023-1-004, KAZ-2023-1-005 5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing. GER-2023-1-001 5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. MDA-2023-1-001 5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality. CZE-2023-1-001 5.3.13.16 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Prohibition of reformatio in peius. MEX-2023-1-002 5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence. CAN-2023-1-003, CZE-2023-1-001, GER-2023-1-006, KAZ-2023-1-005 5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. CZE-2023-1-001, MEX-2023-1-002, NED-2023-1-002 5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms. UKR-2023-1-003 5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. MEX-2023-1-002 5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel. KAZ-2023-1-003 5.3.13.28 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to examine witnesses. SUI-2023-1-002 5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime. SRB-2023-1-001 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. AUT-2023-1-001, ECH-2023-1-004, ECH-2023-1-005, FRA-2023-1-002, MDA-2023-1-004 5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication. KAZ-2023-1-004 5.3.24 Fundamental Rights - Civil and political rights - Right to information. ECH-2023-1-007 5.3.27 Fundamental Rights - Civil and political rights - Freedom of association. GER-2023-1-011 5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly. NOR-2023-1-001, SUI-2023-1-001 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. AUT-2023-1-001, BEL-2023-1-003, BEL-2023-1-004, CAN-2023-1-003, ECH-2023-1-003, ECH-2023-1-005, ECH-2023-1-006, ECH-2023-1-008, ECJ-2023-1-005, FIN-2023-1-001, FRA-2023-1-001, GER-2023-1-004, GER-2023-1-009, NED-2023-1-001, TUR-2023-1-001, TUR-2023-1-003 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. AUT-2023-1-001, ECH-2023-1-008, ECJ-2023-1-003, ECJ-2023-1-005, GER-2023-1-004, GER-2023-1-009, KAZ-2023-1-004, MEX-2023-1-003, SUI-2023-1-003, TUR-2023-1-002, UKR-2023-1-005 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. ECH-2023-1-003, ECH-2023-1-005, ECJ-2023-1-007, GER-2023-1-006, KAZ-2023-1-005, NED-2023-1-001, TUR-2023-1-003 5.3.33.1 Fundamental Rights - Civil and political rights - Right to family life - Descent. BEL-2023-1-003 5.3.34 Fundamental Rights - Civil and political rights - Right to marriage. GER-2023-1-008, KOR-2023-1-003 5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home. CAN-2023-1-003, GER-2023-1-004 5.3.36 Fundamental Rights - Civil and political rights - Inviolability of communications. GER-2023-1-004 5.3.36.1 Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence. FRA-2023-1-001 5.3.36.2 Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications. FIN-2023-1-001 5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications. ECJ-2023-1-003 5.3.37 Fundamental Rights - Civil and political rights - Right of petition. KAZ-2023-1-001 5.3.38.1 Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law. AZE-2023-1-001 5.3.39 Fundamental Rights - Civil and political rights - Right to property. AZE-2023-1-001, ECH-2023-1-001, GER-2023-1-003, KOR-2023-1-001 5.3.40 Fundamental Rights - Civil and political rights - Linguistic freedom. ISR-2023-1-003 5.3.41 Fundamental Rights - Civil and political rights - Electoral rights. BIH-2023-1-001, MEX-2023-1-001, MEX-2023-1-004 5.3.41.3 Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting. MEX-2023-1-003 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. ECJ-2023-1-007, GER-2023-1-006, KAZ-2023-1-005, SRB-2023-1-001 5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities. ISR-2023-1-003 5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education. ECH-2023-1-001 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. CRC-2023-1-001, UKR-2023-1-001 5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. GER-2023-1-003, KOR-2023-1-002 5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. ECJ-2023-1-004, KOR-2023-1-001 5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection. CZE-2023-1-001, ITA-2023-1-001 5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service. KAZ-2023-1-002 5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security. MDA-2023-1-003 5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension. FRA-2023-1-005, KAZ-2023-1-003, KOS-2023-1-001, UKR-2023-1-001 5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living. UKR-2023-1-004 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. ECJ-2023-1-006 5.5.1 Fundamental Rights - Collective rights - Right to the environment. BEL-2023-1-002, FRA-2023-1-004 5.5.4 Fundamental Rights - Collective rights - Right to self-determination. ISR-2023-1-003
Access to court, limitations
KAZ-2023-1-003, KAZ-2023-1-001 Access to justice, costs, pro deo
KAZ-2023-1-001 Access to justice, right
ARG-2023-1-001 Act, administrative, challenge
ARG-2023-1-001 Administrative acts, nullity
MEX-2023-1-001 Administrative offense, administrative offense protocol, administrative responsibility, penalty, execution, expiration
AZE-2023-1-002 Administrative practice civilian, killing
ECH-2023-1-001 Adoption, establishing parenthood, molecular genetic examination
KAZ-2023-1-005 Airline, passenger
CZE-2023-1-001 Appeal, right
UKR-2023-1-003 Application for a priority preliminary ruling, scope of review
FRA-2023-1-006 Application, admissibility
ECH-2023-1-002 Archives, document, access
SUI-2023-1-003 Best interests of the child
ECH-2023-1-004, SRB-2023-1-001 Blood relative, eighth degree
KOR-2023-1-003 Brasilia Regulations regarding Access to Justice for Vulnerable People
ARG-2023-1-001 Burden of proof
ECH-2023-1-001 Candidate, electoral financing rules, personal liability
MEX-2023-1-002 Cannabis, possession and cultivation, prohibition
CAN-2023-1-004 Cannabis, provincial regulation
CAN-2023-1-004 Cassation appeal
KAZ-2023-1-001 Charter of rights, cruel and unusual punishment
CAN-2023-1-002, CAN-2023-1-001 Child or juvenile, sexual abuse
SRB-2023-1-001 Child, best interests
FRA-2023-1-003, CZE-2023-1-002 Child, best interests, family ties
ECJ-2023-1-007 Child, family, stability
ECJ-2023-1-007 Child, parent, separation
GER-2023-1-006 Child, protection
GER-2023-1-006, GER-2023-1-008 Child, protective approach towards victims
SRB-2023-1-001 Child, right to bear
NED-2023-1-001 Child, right to contact
GER-2023-1-006 Child, sexual abuse
GER-2023-1-006 Child, welfare
GER-2023-1-006 Citizenship, acquisition, conditions
BEL-2023-1-002 Civil register, amendment, name, sex
TUR-2023-1-001 Committee of Ministers, Guidelines on child-friendly justice
SRB-2023-1-001 Compensation, non-pecuniary damage
CZE-2023-1-001 Compulsory birth control
NED-2023-1-001 Confidentiality of correspondence, effectiveness
FRA-2023-1-001 Consanguineous marriage, genetics, impact
KOR-2023-1-003 Constitution, amendment
ISR-2023-1-002 Constitution, amendment, proposal, constitutional review
ISR-2023-1-003 Constitution, amendment, substantive limitation
ISR-2023-1-003 Constitution, amendment, validity
ISR-2023-1-002 Constitution, basic structure, doctrine
ISR-2023-1-003 Constitutionality, review
ISR-2023-1-002 Consumer credit agreement, early repayment
ITA-2023-1-001 Contract, employment, fixed-term, state institution
UKR-2023-1-001 Contribution, payer, pension, discrimination
KOS-2023-1-001 Corruption
KAZ-2023-1-002 Court of Justice of the European Union, preliminary ruling, temporal effect
ITA-2023-1-001 COVID-19, health pass
BEL-2023-1-004 COVID-19, pandemic, measures
SUI-2023-1-001 Criminal Court, decision, effect, confiscation, property
AZE-2023-1-001 Criminal investigation police, investigation, undercover
FRA-2023-1-002 Criminal investigation police, official
FRA-2023-1-002 Criminal investigation, measures
FRA-2023-1-002 Criminal procedure, principles
GER-2023-1-001 Criminal proceedings
MDA-2023-1-001 Criminal proceedings, indirect testimony
SUI-2023-1-002 Criminal proceedings, victim
SRB-2023-1-001 Criminal proceedings, victim, death
SUI-2023-1-002 Damages, liability
CZE-2023-1-001 Data mining
GER-2023-1-009 Data, closure periods
SUI-2023-1-003 Data, collection, secret
GER-2023-1-004 Data, personal nature, processing
ECJ-2023-1-003 Data, personal, electronic processing
GER-2023-1-009 Data, personal, processing
ECJ-2023-1-005 Data, use, change in purpose, principle
GER-2023-1-009 Data, use, purpose, limitation, principle
GER-2023-1-009 Demonstration
NOR-2023-1-001 Demonstration, political, limitation, number of participants
SUI-2023-1-001 Detention, in hospital
GER-2023-1-005 Difference in treatment
MDA-2023-1-003 Discrimination, private actors, political opinion
GER-2023-1-011 Discrimination, sexual orientation
ECH-2023-1-004 Divorce proceedings, personal data, unlawfully obtained, evidence, use
TUR-2023-1-002 Document, right of access, limit
SUI-2023-1-003 Domestic violence
KOS-2023-1-002 Economic sanction
KOR-2023-1-001 Education, secondary, staff, pensioners, employment
UKR-2023-1-001 Effective control
ECH-2023-1-001 Effective investigation
GER-2023-1-001 Effective prosecution, right
GER-2023-1-001 Election, directness
BIH-2023-1-001 Election, free
BIH-2023-1-001 Electoral integrity
MEX-2023-1-003 Electoral process, stages, immutability
MEX-2023-1-001 Electoral register
MEX-2023-1-003 Electoral system, proportional representation
BIH-2023-1-001 Electoral system, stability
BIH-2023-1-001 Electronic communications
ECJ-2023-1-001 Employment, civil law
KAZ-2023-1-002 Energy, renewable, production
FRA-2023-1-004 Environment, protection
FRA-2023-1-004 Equality and non-discrimination
ISR-2023-1-003 Equality before the law
KAZ-2023-1-001 Equality, application, private law
GER-2023-1-011 Equality, collective
ISR-2023-1-003 Equality, principle, derogation, validity over time
ISR-2023-1-003 EU, Charter of Fundamental Rights
ECJ-2023-1-004 EU, Council, decision-making power
ECJ-2023-1-004 EU, family, stay, permit
ECJ-2023-1-007 EU, law, national implementation
ECJ-2023-1-004 European Arrest Warrant
GER-2023-1-002 European arrest warrant, members of the European Parliament
ECJ-2023-1-002 European arrest warrant, non-execution, basis
ECJ-2023-1-006 European Commission, competence
ECJ-2023-1-001 European Court of Human Rights
ECH-2023-1-002 Evidence, assessment
CZE-2023-1-001 Evidence, evaluation
CZE-2023-1-001 Evidence, illegally obtained, admissibility
FIN-2023-1-001 Evidence, unlawfully obtained
FIN-2023-1-001 Executive, formation
ISR-2023-1-001 Exhaustion of remedies
ECH-2023-1-002 Expulsion, foreigners
ARG-2023-1-001 Extradition, health
ECJ-2023-1-006 Extradition, receiving State, information
GER-2023-1-002 Extraordinary appeal
ARG-2023-1-001 Extremism
MDA-2023-1-004 Fair trial
MDA-2023-1-001, MDA-2023-1-002 Family life, minor
ECJ-2023-1-007 Family reunification, application
ECJ-2023-1-007 Fee, amount
KAZ-2023-1-001 File, personal
SUI-2023-1-003 Finality, principle
MEX-2023-1-001 Firearms, mandatory minimum sentence
CAN-2023-1-001, CAN-2023-1-002 Foreigner, family, reunification
ECJ-2023-1-007 Freedom of expression
MDA-2023-1-004, ECH-2023-1-005 Gender affiliation, determination
ECH-2023-1-006 Gender attribution, public record, amendment, judicial evaluation
ECH-2023-1-006 Gestational surrogacy
BEL-2023-1-003 Good faith, legitimate expectations
LIE-2023-1-001 High Representative for Bosnia and Herzegovina
BIH-2023-1-001 High Representative, decision
BIH-2023-1-001 Homosexuality
ECH-2023-1-004 House arrest, rights
KAZ-2023-1-003 Illiteracy
BEL-2023-1-002 Immigration
ARG-2023-1-001 Imprisonment, mandatory minimum sentence
CAN-2023-1-001, CAN-2023-1-002 Incest, taboo
KOR-2023-1-003 Incidental control
KOS-2023-1-001 Information technology systems, confidentiality and integrity, fundamental right
GER-2023-1-004 Information technology, system, secret infiltration
GER-2023-1-004 Information, confidential
ECH-2023-1-007 Information, disclosure
ECH-2023-1-007 Informational self-determination
GER-2023-1-009, GER-2023-1-004 Integrity, candidate, evaluation
MDA-2023-1-002 Interception, invasion of privacy, personal data, secrecy of correspondence, storage
ECJ-2023-1-003 Interference, disproportionate or arbitrary, public authority, protection
ECH-2023-1-008 Inter-Korean relations
KOR-2023-1-001 International agreement, binding force
ECJ-2023-1-001 International agreement, conclusion
ECJ-2023-1-001 International organisation, staff, protection of fundamental rights
AUT-2023-1-001 Interpretation, purpose
ECH-2023-1-002 Investigation, effective
MNE-2023-1-001 Investigation, independent authority
MNE-2023-1-001 Investigation, thorough, prompt
MNE-2023-1-001 Journalist, work, on-going criminal proceedings, penalty
ECH-2023-1-005 Judicial authority, intervention, necessity
FRA-2023-1-002 Judicial Council
MDA-2023-1-002 Judicial Council, President, election
MKD-2023-1-001 Judicial protection, effective, right
UKR-2023-1-003 Judicial review, scope
ISR-2023-1-001 jurisdiction territorial
ECH-2023-1-001 Jurisdiction, personal
ECH-2023-1-001 Justification, reasonable
CZE-2023-1-001 Kaesong Industrial Complex
KOR-2023-1-001 Kosovo
ECJ-2023-1-001 Language rights
ISR-2023-1-003 Language, proficiency
BEL-2023-1-002 Lanzarote Convention
SRB-2023-1-001 Law, procedural, over-reliance on
ARG-2023-1-001 Lawyer
MDA-2023-1-003 Lawyer, client, confidentiality of communications, protection
FRA-2023-1-001 Legal remedies, separation of powers
KOS-2023-1-003 Legislative procedure, urgent
SVK-2023-1-001 Legislative process, defect, judicial review
SVK-2023-1-001 Legislature, member, moral turpitude
ISR-2023-1-001 Legitimate expectation
GER-2023-1-003 Margin of appreciation, legislator
ECH-2023-1-008 Marriage, constitutional protection
GER-2023-1-008 Marriage, definition
ECH-2023-1-003 Marriage, forced, prevention
GER-2023-1-008 Marriage, minor, abroad, recognition
GER-2023-1-008 Marriage, minor, right to choose spouse
GER-2023-1-008 Marriage, null, void
KOR-2023-1-003 Media, statement, incorrect or misleading
AUT-2023-1-001 Medical records, archived, right of access
SUI-2023-1-003 Medical service, illegal
KOR-2023-1-002 Membership, termination and suspension
CRC-2023-1-001 Minors, fingerprints, photographs, without consent
FRA-2023-1-003 Minors, pre-trial detention, special penal institution
FRA-2023-1-003 Minors, protection
FRA-2023-1-003 North Korea, nuclear test, long-range missile
KOR-2023-1-001 Offences, fixed penalty
FRA-2023-1-002 Online Platforms, Services Provided Electronically
ECJ-2023-1-004 Parent, offender, best interests of the child
GER-2023-1-006 Parental rights
GER-2023-1-006 Parliament, act, consideration, reduced timeframes
FRA-2023-1-005 Parliament, debate, curtailed
SVK-2023-1-001 Paternity, right to challenge
BEL-2023-1-003 Peaceful assembly, demonstration, activist, arrest, fine
NOR-2023-1-001 Pension, age
KOS-2023-1-001 Pension, enforcement proceedings, deduction
UKR-2023-1-004 Personal data, access
SUI-2023-1-003 Personal data, medical
SUI-2023-1-003 Personal data, processing
ECH-2023-1-008 Personal data, protection
SUI-2023-1-003 Personal data, public archives
SUI-2023-1-003 Personal data, publication of information on the internet
ECH-2023-1-008 Personal data, storage
SUI-2023-1-003 Physical restraint, use, judicial order, statutory basis
GER-2023-1-005 Plea bargaining, victim, child
SRB-2023-1-001 Police custody
GER-2023-1-001 Police officer, investigation
GER-2023-1-001 Police, custody, alternatives
CZE-2023-1-002 Police, investigative assistant
FRA-2023-1-002 Police, legislation
GER-2023-1-009, GER-2023-1-004 Police, powers
GER-2023-1-004 Police, surveillance powers, limits
GER-2023-1-009 Police, surveillance, limits
GER-2023-1-004 Political parties, discrimination
GER-2023-1-010 Political parties, equal opportunities
GER-2023-1-010 Political party, foundation, state support, equality
GER-2023-1-010 Political party, funding
GER-2023-1-007 Political party, membership
GER-2023-1-011 Political party, subsidy
GER-2023-1-007 Political will, formation
GER-2023-1-007 Positions of popular representation, assignment, evidence
MEX-2023-1-001 Positive obligations, failure to act
KOS-2023-1-002 Preliminary injunction, weighing of consequences
GER-2023-1-002 Presumption, legal, irrebuttable
BEL-2023-1-003 Prison, medical treatment, detention, review
GER-2023-1-005 Privacy, employee, education, videoconferencing
ECJ-2023-1-005 Privacy, invasion, proportionality
GER-2023-1-004, GER-2023-1-009 Private life, balance between rights and interests
ECH-2023-1-008 Private life, database
ECH-2023-1-008 Private life, interference, proportionality
ECH-2023-1-008 Private life, protection
ECJ-2023-1-003, ECH-2023-1-008 Privileges and immunities
AUT-2023-1-001 Procedural rules, application
GER-2023-1-001 Professional association
CRC-2023-1-001 Professional association, right to remain a member
CRC-2023-1-001 Proof, standard
ECH-2023-1-001 Prosecution witness
SUI-2023-1-002 Prosecutor, dismissal, uncertainty, notification
UKR-2023-1-002 Prosecutor’s office, investigation, refusal
GER-2023-1-001 Prosecutorial Council, composition, end of office, independence
KOS-2023-1-003 Public funds, award, political parties
GER-2023-1-010 Public funds, budget, legislator, allocation
GER-2023-1-010 Public health, hygiene, sanitation
KOR-2023-1-002 Reasonable suspicion
ECH-2023-1-005 Regulatory authorities of third countries
ECJ-2023-1-001 Relief, environmental permit, notification
FRA-2023-1-004 Residence, place, parties, proceedings, court decision, identification
UKR-2023-1-005 Restriction
MDA-2023-1-004 Retirement pension, contribution, period, extension
FRA-2023-1-005 Retirement pensions, reform
FRA-2023-1-005 Review, criminal conviction and sentence, higher tribunal, right
NED-2023-1-002 Right of access to the public service
KAZ-2023-1-002 Right of reply
AUT-2023-1-001 Right to a fair trial
KAZ-2023-1-001 Right to an image
KAZ-2023-1-004 Right to be present at hearing
MDA-2023-1-001 Right to counsel
ARG-2023-1-001 Right to disseminate information of public importance
KAZ-2023-1-004 Right to judicial protection, access to court, limitations
KAZ-2023-1-001 Right to self-determination, information, personal
SUI-2023-1-003 Same sex and different sex couples, non-discrimination
ECH-2023-1-003 Same sex civil partnership, registered
ECH-2023-1-003 Same sex partnership
ECH-2023-1-003 Same sex relationship
ECH-2023-1-004 Search and seizure, computer
ECH-2023-1-005 Search of home
ECH-2023-1-005 Search, lawyer’s office
FRA-2023-1-001 Security, public, danger
GER-2023-1-009, GER-2023-1-004 Sentence, mandatory minimum, constitutionality
CAN-2023-1-002, CAN-2023-1-001 Sexual identity, self-determined, recognition
ECH-2023-1-006 Sexual orientation
ECH-2023-1-004 Sexual self-determination
ECH-2023-1-006 Social integration
BEL-2023-1-002 Social life, participation
GER-2023-1-011 Social programmes, offer, propaganda material
MEX-2023-1-003 Social protection
MDA-2023-1-003 Social security, finance act
FRA-2023-1-005 State budget
ISR-2023-1-002 State economy, long-term sustainability
SVK-2023-1-001 State fee, obstacle
KAZ-2023-1-001 State, positive obligations, duty to protect life
BEL-2023-1-001 State, positive obligations, duty to protect life and health
BEL-2023-1-004 Statutory minimum subsistence level
UKR-2023-1-004 Surrender
ECJ-2023-1-006, ECJ-2023-1-002 Surveillance, secret
GER-2023-1-004 Symbol
MDA-2023-1-004 Tattoo, non-medical provider
KOR-2023-1-002 Tax law
ECJ-2023-1-004 Tax law, amendments
GER-2023-1-003 Tax law, legislator’s authority to categorise
GER-2023-1-003 Tax, avoidance
ECH-2023-1-008 Tax, tax authorities, powers
ECH-2023-1-008 Tax, value-added
ECJ-2023-1-004 Taxation, legislation, detail required
ECH-2023-1-008 Taxation, legislative discretion
ECH-2023-1-008 Taxation, principle of lawfulness
ECH-2023-1-008 Taxpayer identification card, number
UKR-2023-1-005 Telephone, tapping, necessary safeguards
ECJ-2023-1-003 Terrorism, fight
GER-2023-1-009 Terrorism, fight, fundamental rights, protection, weighing
GER-2023-1-004 The civil service
KAZ-2023-1-002 Transgender, first name, change
TUR-2023-1-001 Transitory article, impact, status
MEX-2023-1-004 Treaty interpretation
ECJ-2023-1-001 Treaty, binding effect
ECJ-2023-1-001 Treaty, law granting approval
BEL-2023-1-001 Treaty, transfer of sentenced persons
BEL-2023-1-001 Unreasonable search and seizure, home
CAN-2023-1-003 Vaccination, mandatory
BEL-2023-1-004 Victim, death, failure to interview
SUI-2023-1-002 Vote buying
MEX-2023-1-003 Voter coercion
MEX-2023-1-003 Waiver of right
MDA-2023-1-001 War
MDA-2023-1-004 Woman, married, surname, use
TUR-2023-1-003