e-Bulletin 2018-3
on Constitutional Case-Law

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.

The Venice Commission would like to thank the International Organisation of the Francophonie for their support in ensuring that contributions from its member, associate and observer states can be translated into French.

T. Gerwien
Legal Officer, Division on Constitutional Justice
European Commission for Democracy through Law (“Venice Commission”)
October 2019

e-Bulletin 2018-3

A. List of précis by country

B. Systematic Thesaurus

C. Alphabetical Index

A. List of précis by country

Austria	Belarus	Belgium	Bosnia and Herzegovina
Brazil	Canada	Costa Rica	Council of Europe
Croatia	Czech Republic	European Union	Finland
France	Georgia	Germany	Hungary
Ireland	Italy	Japan	Kazakhstan
Latvia	Lithuania	Moldova, Republic of	Montenegro
Norway	Portugal	Russia	Serbia
Slovenia	South Africa	Switzerland	"North Macedonia"
Turkey	Ukraine

AUSTRIA

AUT-2018-3-004 a) Austria / b) Constitutional Court / c) / d) 03.10.2018 / e) G 189/2018 / f) /
For certain categories of offenders under § 5.6 of the Federal Act on Pension Benefits for the Victims of Violence in Homes (Heimopferrentengesetz), the entitlement to such monthly benefits is suspended during a period of imprisonment as well as during any period of preventive detention in an institution. This provision cannot be considered to be objectively unjustified as such pension... Read more
5.2.2.13 Fundamental Rights - Equality - Criteria of distinction - Differentiation ratione temporis.
Children's home, violence, compensation / Equality, categories of person, comparison / Prisoner, rights.

BELARUS

BLR-2018-3-003 a) Belarus / b) Constitutional Court / c) En banc / d) 07.05.2018 / e) D-1123/2018 / f) On the Conformity of the Law on Making Alterations and Addenda to the Law on the Treaties of the Republic of Belarus to the Constitution /
In order to comply with the constitutional principles of the rule of law and legal certainty, the legislator, when improving legal regulation, should take into account that the legal rules contained in treaties ratified by the Republic of Belarus are an integral part of the system of law that is in effect in the territory of the Republic.
2.2.1.3 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments.
3.9 General Principles - Rule of law.
3.10 General Principles - Certainty of the law.
Treaty, international / Treaty, compatibility / Treaty, effect in domestic law.

BLR-2018-3-004 a) Belarus / b) Constitutional Court / c) En banc / d) 11.07.2018 / e) D-1141/2018 / f) On the Right to Appeal against Disciplinary Action and Relevant Appeal Procedure Provided for the Convicts Placed under Restraint, Subject to Correctional Labour and Other Punishments /
Legislation lays down the right to appeal against disciplinary action and the appeal procedure for convicted persons sentenced to detention, imprisonment and life imprisonment; however, convicted persons sentenced to placement under restraint, correctional labour and other punishments are not entitled to appeal against disciplinary action taken by officials. This gap in legislation violates the... Read more
3.9 General Principles - Rule of law.
3.10 General Principles - Certainty of the law.
3.12 General Principles - Clarity and precision of legal provisions.
3.21 General Principles - Equality.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Convicted person / Punishment, disciplinary / Sanction, disciplinary, judicial control.

BLR-2018-3-005 a) Belarus / b) Constitutional Court / c) En banc / d) 12.07.2018 / e) D-1142/2018 / f) On the Conformity of the Law of the Republic on Normative Legal Acts to the Constitution /
Since the legislative regulation on normative legal acts does not exclude the possibility of negative consequences of adoption of such an act as an experiment, the risk of such consequences should not be imposed solely on the subjects of legal relations that fall within the effect of such an act, where the relevant relations are legitimate and were entered into in accordance with the regulations... Read more
2.1.1.1 Sources - Categories - Written rules - National rules.
3.9 General Principles - Rule of law.
3.13 General Principles - Legality.
Normative act, quality / Law, experimental / Retroactivity, laws and other normative acts.

BLR-2018-3-006 a) Belarus / b) Constitutional Court / c) En banc / d) 26.09.2018 / e) D-1144/2018 / f) On Legislative Safeguards of Legal Professional Privilege in Criminal Proceedings /
The current legislative regulation ensuring and protecting professional secrecy during certain investigative actions (inspection, search and seizure) has a legal gap in the Criminal Procedure Code that may lead to the violation of constitutional rights, including the right to privacy and the right to legal assistance. The legislator shall establish additional safeguards in criminal procedure law... Read more
3.10 General Principles - Certainty of the law.
3.12 General Principles - Clarity and precision of legal provisions.
5.3.13.27.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel - Right to paid legal assistance.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
Court, legal assistance / Lawyer, professional secrecy / Legal professional privilege / Criminal proceedings.

BLR-2018-3-007 a) Belarus / b) Constitutional Court / c) En banc / d) 30.10.2018 / e) D-1145/2018 / f) On Legal Regulation in Civil Law of the Use and Protection of One's Image /
Civil law determines the legal mechanisms for the implementation and protection of intangible benefits, including a person’s appearance as an intangible benefit and the right to his or her image. The rules of civil law should not merely establish the protective measures for each particular image of the individual recorded on a material medium, but also provide for the use of one’s image by others.
3.10 General Principles - Certainty of the law.
3.12 General Principles - Clarity and precision of legal provisions.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
Private life, right / Right of picture / Right to one’s own image.

BELGIUM

BEL-2018-3-008 a) Belgium / b) Constitutional Court / c) / d) 04.10.2018 / e) 126/2018 / f) /
The law allowing the competent minister to base a decision to withdraw a foreigner’s right of residence on the circumstance that the foreigner has committed an offence, without taking account of the seriousness or nature of the offence, is incompatible with the right to family reunion as laid down in Council Directive 2003/86/EC of 22 September 2003, as interpreted in the light of the right to... Read more
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.
EU, fundamental rights / Family reunion, right / Social integration / Language, knowledge / Criminal record.

BEL-2018-3-009 a) Belgium / b) Constitutional Court / c) / d) 06.12.2018 / e) 174/2018 / f) /
Given the level of interference with the right to respect for private life which may result from searches on a computer system, implementation thereof must be reviewed by an independent and impartial judge. The same applies to the extension of a search on a computer system to the networks connected to it. Undercover investigations conducted solely on the Internet do not require the same measures... Read more
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights.
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.
5.3.32.1 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.
Criminal investigation, measures / Investigation measures, computer systems / Criminal investigation, undercover investigation, computer systems / Review, judicial / Professional secrecy, lawyer, doctor.

BOSNIA AND HERZEGOVINA

BIH-2018-3-003 a) Bosnia and Herzegovina / b) Constitutional Court / c) Chamber / d) 22.03.2018 / e) AP 1101/17 / f) /
In certain circumstances, ordering an individual, who is unsuccessful in civil proceedings for compensation for non-pecuniary damage suffered as a victim of war crimes, to pay the full amount of the costs pursuant to the Lawyers’ Tariff to the Public Attorney’s Office of Republika Srpska, which represented the Republika Srpska as the defendant in the proceedings, results in a... Read more
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.39 Fundamental Rights - Civil and political rights - Right to property.
Damage, compensation / Civil proceedings, costs, reimbursement.

BRAZIL

BRA-2018-3-009 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 31.08.2016 / e) Direct Action of Unconstitutionality 2404 (ADI 2404) / f) Indicative classification and freedom of expression /
A provision which classifies as an administrative offence the broadcasting, by radio or television, of programmes at a different time from that "authorised" by the Ministry of Justice is unconstitutional. There is no authorised time, only a recommended time. It is up to broadcasters to adjust their schedules to the recommendations.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.43 Fundamental Rights - Civil and political rights - Right to self fulfilment.
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child.
Child, best interest / Censorship, preventive, prohibition / Media, broadcasting, restrictions, duties.

BRA-2018-3-010 a) Brazil / b) Federal Supreme Court / c) First Panel / d) 29.11.2016 / e) Ordinary Appeal on Habeas Corpus 134682 (RHC 134682) / f) Proselytism and religious freedom /
Speeches that compare religions, even if they construct an explicit hierarchy or there is animosity between them, fall within the scope of freedom of proselytism, which is an extension of religious expression, and do not automatically constitute a crime of racism.
5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
Discrimination, incitement, prohibition / Intolerance, incitement, prohibition / Religion, respect.

BRA-2018-3-011 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 05.04.2017 / e) Extraordinary Appeal with grievance 654432 (ARE 654432) / f) Right to go on strike and public security careers /
The exercise of the right to strike is forbidden to civilian police officers and all civil servants who are directly involved in the area of public security. The participation of the Public Power is mandatory in mediation established in the relevant legislation for those involved in this sector, so that their interests may be vocalised.
3.18 General Principles - General interest.
4.11.2 Institutions - Armed forces, police forces and secret services - Police forces.
5.3.12 Fundamental Rights - Civil and political rights - Security of the person.
5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike.
Police, limitation on right to strike / National security / Public service, continuity principle / Public utility, limitation on strikes.

BRA-2018-3-012 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 11.10.2017 / e) Direct Action of Unconstitutionality 5526 (ADI 5526) / f) Parliamentary immunity and provisional remedies /
Federal parliamentarians are not subject to pre-trial detention. The judiciary, however, does have the power to impose provisional remedies other than imprisonment, either as a replacement for detention in flagrante delicto due to a crime that is not subject to bail or in circumstances of exceptional gravity. A decision applying provisional remedies must be forwarded within twenty four... Read more
3.4 General Principles - Separation of powers.
4.5.9 Institutions - Legislative bodies - Liability.
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.
Immunity, Parliament, provisional remedies.

BRA-2018-3-013 a) Brazil / b) Federal Supreme Court / c) Second Panel / d) 20.02.2018 / e) Habeas corpus 143641 (HC 143641) / f) Pregnant women and mothers in custody and collective writ of habeas corpus /
Pre-trial detention, female prisoners.
5.3.43 Fundamental Rights - Civil and political rights - Right to self fulfilment.
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child.
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health.
Child, best interest / Child, mother, imprisonment, separation / Women, special protection.

CANADA

CAN-2018-3-004 a) Canada / b) Supreme Court / c) / d) 09.11.2018 / e) 37613 / f) Reference re Pan-Canadian Securities Regulation /
Canada does not have a national securities regulator. This is largely attributable to the constitutional division of provincial and federal powers as set out in Part VI of the Constitution Act, 1867. As a result of their jurisdiction over property and civil rights (Section 92.13) and matters of a merely local nature (Section 92.16), the provincial legislatures have the authority to legislate in... Read more
3.4 General Principles - Separation of powers.
4.8.8.2 Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation.
Securities, national regulation.

CAN-2018-3-005 a) Canada / b) Supreme Court / c) / d) 16.11.2018 / e) 37642 / f) Mazraani v. Industrial Alliance Insurance and Financial Services Inc. /
Section 133 of the Constitution Act, 1867 and Section 19 of the Canadian Charter of Rights and Freedoms (hereinafter, the "Charter"), protect the right to use English and French in federal courts in Canada. Section 14 of the Official Languages Act (hereinafter, the "OLA") guarantees that any person has the right to use the official language of his or her choice, while Section 15 guarantees that... Read more
4.7.4.4 Institutions - Judicial bodies - Organisation - Languages.
5.3.13.21 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Languages.
Federal courts, use of official languages / Language rights, interpretation / Language rights, violation, remedies / Official languages, use in federal courts.

CAN-2018-3-006 a) Canada / b) Supreme Court / c) / d) 13.12.2018 / e) 37676 / f) R. v. Reeves /
Under Section 8 of the Canadian Charter of Rights and Freedoms (hereinafter, the "Charter"), "[e]veryone has the right to be secure against unreasonable search or seizure." A person who shares a computer with someone else cannot waive the other user’s Charter rights and consent to the seizure of the shared computer.
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Search and seizure, computer / Privacy, reasonable expectation / Evidence, exclusion.

CAN-2018-3-007 a) Canada / b) Supreme Court / c) / d) 14.12.2018 / e) 37427, 37774, 37782, 37783 / f) R. v. Boudreault /
Under Section 737 of Canada’s Criminal Code, everyone who is discharged, pleads guilty to, or is found guilty of an offence under the Criminal Code or the Controlled Drugs and Substances Act is required to pay monies to the state as a mandatory victim surcharge (hereinafter, the "surcharge"). The amount of the surcharge is 30 percent of any fine imposed, or, where no fine is imposed, $100 for... Read more
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Punishment, cruel and unusual / Surcharge, mandatory victim.

COSTA RICA

CRC-2018-3-003 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 08.08.2018 / e) 12782/18 / f) /
Discrimination based on sexual orientation or on gender identity is contrary to the Political Constitution, American Convention of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and other international instruments. Religious and civil institutions of marriage encompass two distinct fields of free expression of an individual’s personality. The first is spiritual... Read more
1.6.5.5 Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect.
2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
2.1.1.4.11 Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction.
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.33 Fundamental Rights - Civil and political rights - Right to family life.
5.3.34 Fundamental Rights - Civil and political rights - Right to marriage.
5.3.43 Fundamental Rights - Civil and political rights - Right to self fulfilment.
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
International obligations, same-sex marriage / Unconstitutional state of affairs, legislation, exhortation.

COUNCIL OF EUROPE

ECH-2018-3-013 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 28.08.2018 / e) 59868/08 / f) Vizgirda v. Slovenia /
Failure to provide interpretation of criminal proceedings and documentation in a language of which the accused had a sufficient command. The obligation to appoint an interpreter to assist the defendant is not confined to situations where the foreign defendant made an explicit request for interpretation, but arise whenever there are reasons to suspect that the defendant was not proficient enough... Read more
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.21 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Languages.
Interpreter, assistance, right / Interpreter, trial.

ECH-2018-3-014 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 13.09.2018 / e) 58170/13, 62322/14 and 24960/15 / f) Big Brother Watch and Others v. the United Kingdom /
Convention compliance of secret surveillance regime including the bulk interception of external communications. Effectiveness of complaint about the general Convention compliance of a surveillance regime to the Investigatory Powers Tribunal. Enabling legislation for the bulk interception of communications should as a minimum set out: the nature of offences which may give rise to an interception... 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.
Communications, interception, criteria / Media, journalist, sources, protection / Internet, surveillance / Communication, interception, crime, serious / Communication, interception, bulk, surveillance / Intelligence sharing, supervision / Secret surveillance, measure.

ECH-2018-3-015 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 20.09.2018 / e) 30491/17 and 31083/17 / f) Solska and Rybicka v. Poland /
Exhumation, in the context of criminal proceedings, of the remains of deceased persons against the wishes of their families. Article 8 ECHR is applicable to the exhumation of a deceased person against the will of the family members in the context of criminal proceedings. The right to respect for the memory of a late relative, which was recognised under the Polish law, is considered part of... Read more
3.16 General Principles - Proportionality.
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.
Exhumation, against wishes of relatives / Deceased, memory, right to respect.

ECH-2018-3-016 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 25.09.2018 / e) 76639/11 / f) Denisov v. Ukraine [GC] /
Dismissal of judge from the position of President of appeal court for failure to properly perform administrative duties. Employment-related disputes are not per se excluded from the scope of "private life" within the meaning of Article 8 ECHR. There are some typical aspects of private life which might be affected in such disputes. Those aspects included the applicant’s "inner circle", the... Read more
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
Court president, official duty, breach / Judge, court president, dismissal / Private life, inner circle / Private life, consequence, serious / Private life, suffering, assessment.

CROATIA

CRO-2018-3-005 a) Croatia / b) Constitutional Court / c) / d) 02.05.2018 / e) U-I-1694/2017 et al. / f) /
In a situation of unfavourable economic and financial trends, which, in the event of an abrupt and uncontrolled collapse of companies of systemic importance, could have a negative impact on the national economy, and given the existing legislative model, which was not adequate and sufficiently effective to be able to prevent such a threat being realised, the legislator had a positive obligation to... Read more
3.5 General Principles - Social State.
3.9 General Principles - Rule of law.
3.10 General Principles - Certainty of the law.
3.16 General Principles - Proportionality.
3.18 General Principles - General interest.
5.1.3 Fundamental Rights - General questions - Positive obligation of the state.
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Company, in difficulty / Company of systematic importance, emergency administration / Legislative procedure, urgent / Vacatio legis.

CRO-2018-3-006 a) Croatia / b) Constitutional Court / c) / d) 22.05.2018 / e) U-III-281/2018 / f) /
State Judicial Council decisions concerning judicial appointment fall within the scope of the right to a reasoned decision. As such they are an integral part of the right to a fair trial guaranteed by Article 29.1 of the Constitution. There is a need to state and clarify the criteria and reasons which underpin decisions to select particular candidates. The nature of the reasons given depends on... Read more
4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment.
5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work.
State Judicial Council, decision, review / Judge, appointment, ranking difference.

CRO-2018-3-007 a) Croatia / b) Constitutional Court / c) / d) 22.05.2018 / e) U-I-3684/2015 / f) /
Security vetting conducted by the responsible agency is merely an auxiliary tool which does not put into question the constitutional autonomy and independence of the State Judicial Council (hereinafter, the "SJC"). As such it does not put into question the SJC’s role to safeguard the autonomy and independence of judicial power and its decisions on the appointment of judges. In the procedure for... Read more
3.4 General Principles - Separation of powers.
3.9 General Principles - Rule of law.
3.13 General Principles - Legality.
4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment.
4.7.5 Institutions - Judicial bodies - Supreme Judicial Council or equivalent body.
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
State Judicial Council, autonomy / State Judicial Council, independence / Judicial appointment, security vetting.

CRO-2018-3-008 a) Croatia / b) Constitutional Court / c) / d) 22.05.2018 / e) U-III-5074/2017 / f) /
The procedure for determining whether and how to fill vacancies to judicial office must take account of the following features: the manner in which the vacancies are advertised; the process by which candidates are invited to apply for appointment; the process and standard applicable to assess their judicial work; the process that determines who is appointed. Additionally, the following also have... Read more
4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment.
5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work.
State Judicial Council, decision, review / Judge, appointment / Appointment preference, civil or criminal.

CRO-2018-3-009 a) Croatia / b) Constitutional Court / c) / d) 12.07.2018 / e) U-III-1237/2018 / f) /
The Humanitarian Aid Act did not explicitly prescribe that funds collected during humanitarian campaigns to fund the provision of treatment for beneficiaries, which were then not spent for that purpose, were to be paid out to the beneficiary’s heirs or kept by the campaign organiser following the beneficiary’s death. The Supreme Court held that the purpose of the funds collected in a... Read more
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Humanitarian aid, beneficiary, death / Humanitarian aid, collected funds, purpose, health / Humanitarian aid, collected funds, non-inheritable.

CZECH REPUBLIC

CZE-2018-3-006 a) Czech Republic / b) Constitutional Court / c) Second Panel / d) 08.10.2018 / e) II. ÚS 725/18 / f) The obligation to vaccinate and the right of the child to participate in a parental dispute concerning vaccination of the child /
If a minor child is a party to the proceedings, they have the right to be an active party to the proceedings rather than simply being the subject matter of the proceedings and hence a passive party observing the decision-making process. In the event that ordinary courts do not treat the minor accordingly and fail to inform the minor as is appropriate, as determined by the minor’s age, about the... Read more
1.3.1.1 Constitutional Justice - Jurisdiction - Scope of review - Extension.
1.6.7 Constitutional Justice - Effects - Influence on State organs.
2.1.1.4.15 Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child.
Child, best interest / Child, guardian, designation / Child, personal hearing / Conscientious objection / Minor, protection / Parental right, limitation / Participation, procedure / Public health, protection / Right to take part in court proceedings / Vaccination, poliomyelitis.

CZE-2018-3-007 a) Czech Republic / b) Constitutional Court / c) Third Panel / d) 09.10.2018 / e) III. ÚS 309/16 / f) On the protection of privacy and dignity in urine collection under the direct supervision of a nurse as a person of the opposite sex /
A public authority that fails to comply with the requirement that where an intimate act, such as a urine sample collection, is to take place in respect of a person under investigation, a person of the same sex must be present in the area where the act is to take place fails to comply with this requirement constitutes a violation of rights within the meaning of Articles 7.1 and 10.1 of the Charter... Read more
3.16 General Principles - Proportionality.
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity.
5.3.4.1 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments.
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.
Biological examination / Conviction / Drug, narcotic / Drug, use / Imprisonment / Investigation / Privacy, invasion / Search, body / Search, officer of same sex / Sentence, proportionality / Evidence, sufficiency.

CZE-2018-3-008 a) Czech Republic / b) Constitutional Court / c) Third Panel / d) 16.10.2018 / e) III. ÚS 3910/17 / f) Termination of the service of the clergy in the light of the right to judicial protection /
The right to judicial protection, under Article 36.1 of the Czech Charter of Fundamental Rights and Freedoms, is not violated if proceedings before ordinary courts are limited to proving the existence of a decision by the church or a religious society to terminate, within the limits of its autonomy guaranteed by Article 16.2 of the Charter, the service of members of the clergy. There is no... Read more
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature.
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship.
Authority, judicial, church / Church, autonomy / Church, employment relation, autonomy / Church, membership termination, freedom / Church, self-administration / Clergy, dismissal, appeal / Clergy, employment, term / Contract, employment, termination / Contract, employment, termination, illegal / Institution, religious, separation from the state / State, neutrality, religious / Pluralism, religions, unavoidable consequences / Tolerance, state.

EUROPEAN UNION

ECJ-2018-3-011 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 24.10.2018 / e) C-234/17 / f) XC e.a. /
Whether EU law, in particular the principles of equivalence and effectiveness, must be interpreted as meaning that it requires the national court to extend to infringements of EU law, in particular infringements of the fundamental right guaranteed in Article 50 of the Charter of Fundamental Rights of the European Union (hereinafter, the "Charter") and Article 54 of the Convention implementing the... Read more
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.2.1.6.5 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
4.17.2.1 Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem.
Sincere cooperation, institutions, member states / Equivalence, EU law, principle / Effectiveness, EU law, principle / Fundamental rights, criminal protection / Fundamental rights, appeal, remedy / Criminal procedure, right to appeal.

ECJ-2018-3-012 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 06.11.2018 / e) C-684/16 / f) Max-Planck-Gesellschaft zur Förderung der Wissenschaften /
Article 7 of Directive 2003/88/EC concerning certain aspects of the organisation of working time and of Article 31.2 of the Charter of Fundamental Rights of the European Union must be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which, in the event that the worker did not ask to be able to exercise his right to paid annual leave during the... Read more
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.2.1.6.5 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Employment, leave, annual, loss, right to compensation / Employment, working time.

ECJ-2018-3-013 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 10.12.2018 / e) C-621/18 / f) Andy Wightman e.a. c. Secretary of State for Exiting the European Union /
Article 50 TEU must be interpreted as meaning that, where a Member State has notified the European Council, in accordance with that article, of its intention to withdraw from the European Union, that article allows that Member State - for as long as a withdrawal agreement concluded between that Member State and the European Union has not entered into force or, if no such agreement has been... Read more
4.17 Institutions - European Union.
European Union, accession, constitutional foundations / European Union, member states, mutual trust / European Union, construction process.

FINLAND

FIN-2018-3-006 a) Finland / b) Supreme Administrative Court / c) / d) 17.12.2018 / e) 2018:171 / f) /
The case concerned the question whether the Jehovah’s Witness religious community could be prohibited from collecting or otherwise processing personal data in the context of door-to-door preaching.
5.3 Fundamental Rights - Civil and political rights.
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association.
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 protection / Personal Data Act / Data Protection Directive / Personal data / Data Act / Personal data file, scope of application / Controller / Right to privacy / Freedom of religion / Freedom of speech / Discrimination, prohibition / Jehovah’s Witnesses, Door-to-door preaching / Personal data, collection in the course of preaching / Preliminary ruling.

FRANCE

FRA-2018-3-014 a) France / b) Constitutional Council / c) / d) 14.09.2018 / e) 2018-730 QPC / f) Mr Mehdi K. [No legal obligation to inform the guardian or supervisor of a protected adult that he or she has been taken into police custody] /
The first paragraph of Article 706-113 of the Code of Criminal Procedure (CCP) runs counter to the Constitution, because of insufficient safeguards surrounding the exercise of the rights of the defence of a protected adult who has been taken into police custody. The Constitutional Council postponed the date of repeal of the impugned provisions to 1 October 2019 and ruled that the finding of... Read more
1.6.2 Constitutional Justice - Effects - Determination of effects by the court.
1.6.5.5 Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect.
5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Police custody, legality.

FRA-2018-3-015 a) France / b) Constitutional Council / c) / d) 05.10.2018 / e) 2018-737 QPC / f) Mr Jaime Rodrigo F. [Transmission of French nationality to legitimate children born abroad to a French parent] /
Under the contested provisions, a French woman passed on French nationality to her legitimate child only if the child had been born in France. In the case of a French man, on the other hand, under paragraph 1 of Article 1 of the law of 10 August 1927, nationality was transmitted no matter where the legitimate child was born. The application of these provisions resulted in a breach of the... Read more
1.6.2 Constitutional Justice - Effects - Determination of effects by the court.
5.1.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad.
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender.
Nationality, transmission, discrimination / Equality before the law.

FRA-2018-3-016 a) France / b) Constitutional Council / c) / d) 16.11.2018 / e) 2018-744 QPC / f) Ms Murielle B. [Rules on the detention of juveniles in police custody] /
The provisions of the Order of 2 February 1945 on juvenile delinquency, in the version in force in 1984, are contrary to the Constitution because they provide insufficient safeguards for ensuring respect for the rights of persons taken into police custody, especially if they are minors. This finding of unconstitutionality may be relied upon in pending cases. It will be for the ordinary judge to... Read more
1.6.6 Constitutional Justice - Effects - Execution.
1.6.9.1 Constitutional Justice - Effects - Consequences for other cases - Ongoing cases.
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Police custody, legality / Juveniles, protection / Child, higher interest.

FRA-2018-3-017 a) France / b) Constitutional Council / c) / d) 20.12.2018 / e) 2018-773 DC / f) Law on combating the manipulation of information /
The Constitutional Council ruled on the ordinary law and the organic law on combating the manipulation of information, which had been referred to it, in the case of the former, through three parliamentary appeals and, in the case of the latter, by the Prime Minister. The ordinary law includes a series of measures to combat various forms of "manipulation of information". Under the organic law,... Read more
3.14 General Principles - Nullum crimen, nulla poena sine lege.
4.9 Institutions - Elections and instruments of direct democracy.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
Freedom to impart information / Election, campaign, media, access, public opinion, information.

GEORGIA

GEO-2018-3-001 a) Georgia / b) Constitutional Court / c) Second Board / d) 03.07.2018 / e) 1/2/671 / f) Caucasus Apostolic Administration of Latin Rite Catholics’, ‘Evangelical-Baptist Church’, ‘Georgian Muslims Union’, ‘Pentecostal Church’, ‘Trans-Caucasian Union of Seventh-Day Adventist Church’, ‘Word of Life Church’, ‘Holy Trinity Church’, ‘Church of Christ’ v. Parliament /
A constitutional provision that acknowledges the outstanding role of the Georgian Apostolic Autocephalous Orthodox Church does not imply the outright bestowal of any privileges upon this particular church; this would vitiate the essence of the constitutional right to equality. Such constitutional recognition is connected with the church’s historical importance and does not serve to establish... Read more
1.2.1.11 Constitutional Justice - Types of claim - Claim by a public body - Religious authorities.
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature.
3.20 General Principles - Reasonableness.
5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion.
Tax privileges, religious organisations / State-owned property / Scrutiny, strict.

GEO-2018-3-002 a) Georgia / b) Constitutional Court / c) First Board / d) 27.07.2018 / e) 2/6/1216 / f) Marine Mizandari, Giorgi Chitidze and Ana Jikuridze v. Parliament /
Legal provisions which excluded from the state’s monument conservation regime objects of cultural significance which were under the ownership of religious organisations were unconstitutional. Although the provisions served an important legitimate aim of facilitating the realisation of the freedom of religion, the practising of religious rituals did not conflict with the maintenance of such... Read more
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature.
3.16 General Principles - Proportionality.
3.18 General Principles - General interest.
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship.
Cultural monuments, conservation regime / Ownership, religious organisations, exclusion.

GEO-2018-3-003 a) Georgia / b) Constitutional Court / c) First Board / d) 30.07.2018 / e) N1/5/1282 / f) Zurab Japaridze and Vakhtang Megrelishvili v. Parliament /
A ban on the use of marijuana as a means to prevent its distribution serves the legitimate goal of protecting the well-being of users. Nevertheless, the role of an individual user in the distribution of marijuana and the threats emanating from individual use are very minimal. Therefore, the blanket restriction on the use of marijuana is not proportionate.
1.2.1.11 Constitutional Justice - Types of claim - Claim by a public body - Religious authorities.
3.16 General Principles - Proportionality.
3.17 General Principles - Weighing of interests.
3.18 General Principles - General interest.
5.3.43 Fundamental Rights - Civil and political rights - Right to self fulfilment.
Marijuana, use, individual / Blanket restriction / Administrative sanction / Public order.

GEO-2018-3-004 a) Georgia / b) Constitutional Court / c) Plenary / d) 07.12.2018 / e) 2/8/765 / f) Davit Dzotsenidze v. Parliament /
Under the Constitution, the finality of a court decision serves as an essential guarantee of the constitutional order. However, the Constitution also protects the rights of an individual to question a final court decision if the necessary circumstances exist.
3.16 General Principles - Proportionality.
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
Revision of judgment, grounds / Evidence, new, impact / Oral hearing.

GEO-2018-3-005 a) Georgia / b) Constitutional Court / c) Plenary / d) 07.12.2018 / e) 3/10/1267, 1268 / f) Citizens of the Hellenic Republic v. Parliament /
Parliament temporarily suspended the operation of a rule which allowed a foreign citizen to own agricultural land in Georgia. This suspension was intended to last until recent changes to the Constitution came into force on 16 December 2018, which did not allow foreign citizens to own agricultural land. The changes to the Constitution could not be considered as being integral to the national... Read more
3.16 General Principles - Proportionality.
3.18 General Principles - General interest.
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.39 Fundamental Rights - Civil and political rights - Right to property.
Agricultural land / Restriction, foreign nationals, ownership, inheritance / Constitutional changes, timing.

GERMANY

GER-2018-3-023 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 19.09.2018 / e) 2 BvF 1/15, ECLI:DE:BVerfG:2018:fs20180919.2bvf000115 / f) 2011 census /
1. A census organised by the state and carried out by analysing existing registers and additionally surveying individuals is covered by Article 73.1 no. 11 of the Basic Law. 2. Insofar as Basic Law attaches specific significance to the population of the Länder, the legislator must ensure that the data is determined in a sufficiently realistic manner. 3. The legislator is afforded a... Read more
1.2.1.4 Constitutional Justice - Types of claim - Claim by a public body - Organs of federated or regional authorities.
3.6.3 General Principles - Structure of the State - Federal State.
4.8.1 Institutions - Federalism, regionalism and local self-government - Federal entities.
Census / Data, collection / Federation, constituent entities, territory / Municipality, differential treatment.

GER-2018-3-024 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the First Panel / d) 25.09.2018 / e) 1 BvR 2814/17, ECLI:DE:BVerfG:2018:rk20180925.1bvr281417 / f) Challenging legal paternity /
1. Determining and establishing paternity is part of the procedural guarantee under the first sentence of Article 6.2 of the Basic Law. With respect to that, the current law of parentage provides for the right to challenge paternity granted to the biological father and the legal proceedings to establish his legal paternity. The procedure to obtain the status of legal father must be sufficiently... Read more
5.3.33 Fundamental Rights - Civil and political rights - Right to family life.
Paternity, biological father / Paternity, action to establish / Paternity, challenge by the biological father / Paternity, challenge, time-limit.

GER-2018-3-025 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 16.10.2018 / e) 2 BvL 2/17, ECLI:DE:BVerfG:2018:ls20181016.2bvl000217 / f) Austerity Cuts to Entry-level Remuneration /
1. Even though the status of civil servants gives rise to a relationship of loyalty, they must not be subjected to greater burdens than others in the context of budget consolidation. Impairments of the "principle of appropriate alimentation" (amtsangemessene Alimentierung) based on purely financial considerations are only permissible in exceptional situations pursuant to the second... Read more
1.3.1 Constitutional Justice - Jurisdiction - Scope of review.
2.3.3 Sources - Techniques of review - Intention of the author of the enactment under review.
3.19 General Principles - Margin of appreciation.
4.6.9.3 Institutions - Executive bodies - The civil service - Remuneration.
4.10.2 Institutions - Public finances - Budget.
5.2.1.2.2 Fundamental Rights - Equality - Scope of application - Employment - In public law.
Alimentation (renumeration), appropriate, civil service / Austerity cuts / Budget consolidation, legislative concept / Civil service, remuneration, standard of review / Civil service, remuneration, procedural requirements / Equality, special burden, civil servants / Public expenditure.

GER-2018-3-026 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 23.10.2018 / e) 1 BvR 2523/13, 1 BvR 595/14, ECLI:DE:BVerfG:2018:rs20181023.1bvr252313 / f) ) Limits to judicial investigation /
1. Where judicial review reaches the limits of knowledge in ecology science and practice, after having examined the matter as extensively as possible, the first sentence of Article 19.4 of the Basic Law does not oblige courts to investigate further. Instead, courts may then base their decision on the authority’s assessment regarding the scientific question at issue if the standards and methods... Read more
4.7.2 Institutions - Judicial bodies - Procedure.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Administrative Court, review / Judicial review, limits / Scientific knowledge.

GER-2018-3-027 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 30.10.2018 / e) 2 BvQ 90/18, ECLI:DE:BVerfG:2018:qs20181030.2bvq009018 / f) Statement by the Federal Minister of the Interior /
1. The right of parliamentary groups in the Bundestag to assert their own rights, which are anchored in the Constitution, in the context of Organstreit proceedings (dispute between constitutional organs) only comprises rights that belong to the intraparliamentary sphere. Thus, the right to equal opportunities in the competition of political parties enshrined in the first sentence of... Read more
1.1.1.1.1 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution.
1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.
1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review.
3.3 General Principles - Democracy.
4.5.10 Institutions - Legislative bodies - Political parties.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
Legal interest / Minister, official, unlawful action, damage, redress / Political parties, equal participation, right / Political party, non-democratic / Political party, programme / Preliminary injunction.

GER-2018-3-028 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 20.11.2018 / e) 1 BvR 2716/17, ECLI:DE:BVerfG:2018:rk20181120.1bvr271617 / f) Right of Reply (statements containing legal terms) /
1. A right of reply (Gegendarstellung) can only be invoked if the meaning of the challenged statement can be determined unambiguously. 2. Statements containing legal terms only give rise to a limited right of reply. 3. When the challenged statement contains a legal term, the regular court may not use its own legal expertise as the basis for determining the meaning of the statement.... Read more
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press.
Celebrity, media / Collateral / Land charge, property / Statement, factual / Legal term, interpretation, lay person perspective / Newspaper, headline / Ordinary courts, preliminary injunction / Publishing house / Right of reply / Security interest.

GER-2018-3-029 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 11.12.2018 / e) 2 BvE 1/18, ECLI:DE:BVerfG:2018:es20181211.2bve000118 / f) Non-refusal of Asylum Seekers at the Border (dispute between constitutional organs) /
An application seeking the upholding of generally applicable law or the obligation to perform a specific action is not permissible in Organstreit proceedings (dispute between constitutional organs).
1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts.
1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.
3.4 General Principles - Separation of powers.
4.5.4.5 Institutions - Legislative bodies - Organisation - Parliamentary groups.
4.5.10 Institutions - Legislative bodies - Political parties.
4.6.10.2 Institutions - Executive bodies - Liability - Political responsibility.
Asylum, policy / Border, control / Border, entry, refusal / Constitutional organ, dispute, application, inadmissible / Federal government, political decision, lawfulness / Migration, policy / Organstreit (dispute between constitutional organs) / Refugee / Primacy of law, principle / Parliament, participation right, government act / Specific performance, government, constitutional review / Statutory basis, requirement, principle.

HUNGARY

HUN-2018-3-004 a) Hungary / b) Constitutional Court / c) Plenary / d) 12.11.2018 / e) 3348/2018. (XI. 12.) AB / f) On annulment of Judgment no. 7.Pf.20.534/2016/4 of the Budapest-Capital Regional Court of Appeal /
A non-offensive recording taken in a public place, which can include a courtroom, depicting a public figure objectively may be disclosed without consent, provided that it is connected to a report on a matter in the public arena.
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press.
Photograph, broadcasting, consent / Public figure, photo-journalism.

HUN-2018-3-005 a) Hungary / b) Constitutional Court / c) Plenary / d) 14.11.2018 / e) 21/2018. (XI. 14.) AB / f) On declaring an omission on the part of the law-maker stemming from its international obligations for failure to adopt a regulation that allows for appraisal of actual changes in the physical conditions of- and the amount of pension granted to a person with a reduced capacity to work before 1 January 2012 when his or her amount of allowance falls for re-consideration; on declaring a constitutional requirement stemming from Article Q.2 of the Constitution; the wording "unless the betterment of the conditions" of Section 33/A.1.a of Act no. CXCI of 2011 shall only be applied when the conditions of the person with a reduced capacity to work do not simply meet the requirements of the law but have actually improved; on rejecting a judicial initiative claiming that Section 12.1.a of Act no. CXCI of 2011 violated Article 1 Protocol 1 ECHR /
The lack of a regulation allowing for the appraisal of the actual condition of a person with a reduced ability to work violates Hungary’s international obligations.
2.1.1.4 Sources - Categories - Written rules - International instruments.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
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.
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.15 Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits.
Disabled person, social assistance, entitlement.

HUN-2018-3-006 a) Hungary / b) Constitutional Court / c) Plenary / d) 05.12.2018 / e) 3375/2018. (XII. 5.) AB / f) On annulling Ruling no. Pfv.II.22.216/2017/13 of the Kúria, Ruling no. 636.303/2017/4 of the Budapest Capital Regional Court and on Ruling no. 14.Pk.500.172/2017/11 of the Pest Central District Court /
In order to meet the requirements of the right to a fair trial, courts must use all the tools of evidence offered by the parties in order to clarify the best interests of the minor in proceedings related to the wrongful removal of a child.
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child.
Child, wrongful removal / Child, best interest / Child, interest, priority.

IRELAND

IRL-2018-3-003 a) Ireland / b) Supreme Court / c) / d) 18.10.2018 / e) 65/17 / f) Allied Irish Bank plc v. Aqua Fresh Fish Limited /
A human person in legal proceedings has the option of representing himself or herself but does not have the right to be represented by any third party other than a qualified lawyer, save where permitted by the courts in exceptional circumstances, which were not present in this case.
1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi.
1.4.9.4 Constitutional Justice - Procedure - Parties - Persons or entities authorised to intervene in proceedings.
2.1.3.1 Sources - Categories - Case-law - Domestic case-law.
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
Access to a court, scope / Access to court, limitations / Company law / Locus standi, establishment, burden / Locus standi, establishment, criteria / Locus standi, constitutional / Right to hear and be heard.

IRL-2018-3-004 a) Ireland / b) Supreme Court / c) / d) 28.11.2018 / e) 89/16, 98/16 / f) C v. Minister for Social Protection /
The Supreme Court has jurisdiction to delay the making of a declaration of invalidity or to make a deferred order but this jurisdiction should be exercised carefully, cautiously and will be exceptional. A declaration of invalidity does not of itself give rise to a claim for damages, but that there may be circumstances in which damages are appropriate.
2.1.3.1 Sources - Categories - Case-law - Domestic case-law.
Case-law, development, respect for constitutional guarantees and rights / Constitution, constitutional validity / Constitutional invalidity / Constitutional invalidity, confirmation / Constitutional Court, Constitution, interpretation, competence, exclusive / Declaration of invalidity.

IRL-2018-3-005 a) Ireland / b) Supreme Court / c) / d) 21.12.2018 / e) 46/17 / f) The Director of Public Prosecutions v. Gerard Brown /
The absence of consent is an ingredient in the offence of assault causing harm under Section 3 of the Non-Fatal Offences Against the Person Act 1997.
2.3.7 Sources - Techniques of review - Literal interpretation.
2.3.11 Sources - Techniques of review - Pro homine/most favourable interpretation to the individual.
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Adult, consenting / Conviction, criminal / Charge, criminal / Defence, right / Harm, personal / Offence, elements / Prison, detainees, rights.

ITALY

ITA-2018-3-013 a) Italy / b) Constitutional Court / c) / d) 21.03.2018 / e) 88/2018 / f) /
According to the settled case-law of the European Court of Human Rights, where the principle that trials must be of a reasonable length has not been abided by, preventive remedies to obtain fair compensation are not only admissible, if need be in conjunction with compensatory remedies, but are even preferable, as they seek to prevent the proceedings from becoming excessively long.
3.20 General Principles - Reasonableness.
5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Length of proceedings, unreasonable / Remedy, compensation, unreasonable length of proceedings, proceedings still pending.

ITA-2018-3-014 a) Italy / b) Constitutional Court / c) / d) 05.06.2018 / e) 183/2018 / f) /
It is not possible to enact regional legislation requiring state bodies to display the regional flag outside public buildings used by state bodies and offices and public entities and bodies, as well as on any vessel owned by the foregoing.
2.2.2.2 Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
3.6.1 General Principles - Structure of the State - Unitary State.
4.2.1 Institutions - State Symbols - Flag.
4.8.2 Institutions - Federalism, regionalism and local self-government - Regions and provinces.
Regional flag, display, buildings used by state bodies, required under regional legislation.

ITA-2018-3-015 a) Italy / b) Constitutional Court / c) / d) 20.06.2018 / e) 166/2018 / f) /
The challenged provision regulating access to a National Assistance Fund for purposes of financial assistance for residential rent payments lays down an unreasonable distinction to the detriment of nationals of countries that do not belong to the European Union, since they alone are required to possess past certification of residency showing at least ten years in the national territory or at... Read more
3.20 General Principles - Reasonableness.
5.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals.
5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing.
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security.
Social assistance, equal treatment, European citizens and long-term legal residents / Social assistance, rental housing, financial assistance fund.

ITA-2018-3-016 a) Italy / b) Constitutional Court / c) / d) 21.06.2018 / e) 149/2018 / f) /
The goal of re-education is absolute and must always be guaranteed, even for the perpetrators of the most serious offences. The inmate's progress in the process of re-socialisation must be assessed with reference to his or her individual circumstances, and cannot be subject to blanket exclusions.
3.20 General Principles - Reasonableness.
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.5.1.4 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release.
Rehabilitation, prisoner, life sentence, certain serious offences / Prisoner, re-socialisation, assessment, individual circumstances / Re-education, prisoner.

ITA-2018-3-017 a) Italy / b) Constitutional Court / c) / d) 10.07.2018 / e) 180/2018 / f) /
The challenged provision - in the part which allows the self-regulatory code to interfere with the regulation of personal freedom, by granting defendants the ability to decide whether or not to request that proceedings go forward despite their defence counsel’s notice of absence due to participation in a collective work stoppage, thereby directly affecting the limits on the duration of preventive... Read more
3.9 General Principles - Rule of law.
3.13 General Principles - Legality.
3.14 General Principles - Nullum crimen, nulla poena sine lege.
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.
5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike.
Detention, preventive, duration / Personal freedom, detention, power reserved to the legislature to regulate by primary legislation / Self-regulation code, secondary legislation / Lawyer, strike.

ITA-2018-3-018 a) Italy / b) Constitutional Court / c) / d) 26.09.2018 / e) 194/2018 / f) /
A pre-determined lump-sum compensation for the losses resulting from workers’ unlawful dismissals, based on the sole parameter of length of service, violates the principle of equality in that it unjustifiably treats different situations in the same manner. The contested legislation also violates the principle of reasonableness on the grounds that the compensation is incapable of constituting... Read more
3.17 General Principles - Weighing of interests.
3.20 General Principles - Reasonableness.
3.21 General Principles - Equality.
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work.
Dismissal, compensation / Dismissal, unlawful, compensation, lump sum, pre-determined by decree-law / Dismissal, compensation, sole criteria, length of service.

JAPAN

JPN-2018-3-001 a) Japan / b) Supreme Court / c) Grand Bench / d) 27.09.2017 / e) (Gyo-Tsu)47/2017 / f) Judgment concerning the constitutionality of the provisions on the apportionment of seats for members (to be elected by constituency) of the House of Councillors /
At the time of the ordinary election of members of the House of Councillors held on 10 July 2016, under the provisions on the apportionment of seats for members of the House of Councillors to be elected by the constituency stipulated in Article 14 and Appended Table 3 of the Public Offices Election Act, which had been revised by Act no. 60 of 2015, the disparity between constituencies in terms of... Read more
4.9.4 Institutions - Elections and instruments of direct democracy - Constituencies.
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections.
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
Seats, allocation / Vote, relative weight.

JPN-2018-3-002 a) Japan / b) Supreme Court / c) Grand Bench / d) 06.12.2017 / e) (O)1130/2014, (Ju)1440/2014, (Ju)1441/2014 / f) Judgment regarding the meaning of Article 64.1 of the Broadcasting Act which compels the conclusion of a contract for reception of broadcasts of the Japan Broadcasting Corporation /
1. Article 64.1 of the Broadcasting Act is a provision compelling a person installing reception equipment capable of receiving broadcasts of the Japan Broadcasting Corporation to conclude a contract for reception of the broadcasts, and if the above-mentioned person does not accept an offer from the Japan Broadcasting Corporation for the above-mentioned contract, the Japan Broadcasting Corporation... Read more
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.24 Fundamental Rights - Civil and political rights - Right to information.
5.4.8 Fundamental Rights - Economic, social and cultural rights - Freedom of contract.
Public broadcasting corporations, contract / Prescription period, start.

KAZAKHSTAN

KAZ-2018-3-002 a) Kazakhstan / b) Constitutional Council / c) / d) 10.04.2018 / e) 3 / f) /
Under the Marriage and Family Code (hereinafter, the "Code"), a woman who is not the spouse of the father of her child has the right to request in court her maintenance from the father for the prenatal and postnatal periods (Article 47.5 of the Code), whereas a woman who is the spouse (Article 147 of the Code) or the former spouse (Article 148 of the Code) of the father of her child may request... Read more
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status.
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child.
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security.
Minors, natural children, rights / Maintenance, mother, unmarried / Social security / Equality, civil status.

LATVIA

LAT-2018-3-008 a) Latvia / b) Constitutional Court / c) / d) 11.10.2018 / e) 2017-30-01 / f) On the compliance of Article 26.1, the first sentence of Article 128.2.12 and Article 132.1.6 of the Civil Procedure Law, insofar as they set out an obligation to indicate in the statement of claim the declared place of residence of the defendant, with Article 96 of the Constitution /
A natural person who is not known to the general public may claim special protection of his or her private life; however, the same does not apply to persons known to the general public. In some cases, the right to acquire information conflicts with the private sphere of such persons, and this is particularly true for politicians. In striking the balance between the freedom of expression and the... Read more
1.2.3 Constitutional Justice - Types of claim - Referral by a court.
3.16 General Principles - Proportionality.
3.17 General Principles - Weighing of interests.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Notification / Party, address / Personal privacy, right / Public figure / Civil proceedings / Defendant, identification.

LAT-2018-3-009 a) Latvia / b) Constitutional Court / c) / d) 18.12.2018 / e) 2016-04-03 / f) On the compliance of the Cabinet of Ministers Regulation of 14 April 2015 no. 187 entitled "Amendment to the Cabinet of Ministers Regulation of 30 November 2004 no. 1002 entitled ‘Procedure for Implementing the Programming Document entitled ‘Latvia’s Rural Development Plan for the Implementation of Rural Development Programme for 2004-2006"" with Article 105 of the Constitution /
When adopting measures to implement European Union law, Member States must comply with the general principles of that law, including the principle of the protection of legitimate expectations. The right to rely on this principle is open to any person in a situation where a public authority has created legitimate expectations on that person’s part based on specific promises. It must be ascertained... Read more
1.2.3 Constitutional Justice - Types of claim - Referral by a court.
1.3.5.2.2 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation.
1.3.5.10 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.
1.4.10.7 Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
2.1.3.2.2 Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6.4 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
5.3.33.2 Fundamental Rights - Civil and political rights - Right to family life - Succession.
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Pension, entitlement / Pension, survivor / Inheritance, right / Property, right, restriction / Expectation, legitimate / Court of Justice of the European Union, preliminary ruling / European Union.

LITHUANIA

LTU-2018-3-006 a) Lithuania / b) Constitutional Court / c) / d) 11.10.2018 / e) KT20-N11/2018 / f) On the provision of state-guaranteed legal assistance in criminal cases /
It is incumbent on the state to ensure the provision of effective legal assistance where necessary in the interests of justice. The legislature must establish a way of organising, supplying and financing legal assistance which would allow persons in difficult financial circumstances to receive it on the basis of such criteria as the complexity of a case or applicable law, the severity of the... Read more
5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
Legal representation, state-funded, vulnerable persons.

LTU-2018-3-007 a) Lithuania / b) Constitutional Court / c) / d) 14.12.2018 / e) KT22-N12/2018 / f) On the powers of courts to decide on the distribution of litigation costs /
Under the Constitution and the constitutional principle of justice, the duty of a court to adopt a fair decision includes the duty to resolve in a fair manner the issue of the distribution of litigation costs among the parties to the proceedings.
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Distribution, litigation cost / Litigation cost, preliminary ruling.

LTU-2018-3-008 a) Lithuania / b) Constitutional Court / c) / d) 19.12.2018 / e) KT23-N13/2018 / f) On the right of women who have ceased their working or professional activity to receive a maternity benefit /
The guarantee of paid leave before and after childbirth does not only apply to mothers who chose an occupation under a contract of employment or entered state service when implementing their constitutional right to work. Paid leave must also be guaranteed to self-employed mothers.
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security.
Maternity benefit / Paid leave, maternity / Mother, self-employed.

MOLDOVA, REPUBLIC OF

MDA-2018-3-007 a) Moldova / b) Constitutional Court / c) Plenary / d) 01.10.2018 / e) 21 / f) On the constitutionality of Article 458.3.4 of the Criminal Procedure Code (the retrospective effect of the Constitutional Court’s rulings in time, within the judicial review procedure) /
A review of criminal proceedings may be demanded on the basis of a judgment declaring the unconstitutionality of a legal provision applied to the case in question only if the judgment of the Constitutional Court expressly provides for such an indication.
1.6.5.2 Constitutional Justice - Effects - Temporal effect - Retrospective effect (ex tunc).
1.6.5.4 Constitutional Justice - Effects - Temporal effect - Ex nunc effect.
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Judgment, retroactive effect.

MDA-2018-3-008 a) Moldova / b) Constitutional Court / c) Plenary / d) 11.10.2018 / e) 25 / f) On the exception of unconstitutionality of Article 13.1.b of the Electoral Code (the ban on voting in elections imposed on persons with mental disabilities) /
Provisions of the electoral law prevented persons declared incapacitated by a final decision of a court of law from voting. This ban was based on the potential susceptibility to manipulation of those with mental disabilities. Even if the right to vote is not absolute, its requirements must pursue a legitimate aim, by means that are not disproportionate.
3.16 General Principles - Proportionality.
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
Voting right, disability, mental.

MDA-2018-3-009 a) Moldova / b) Constitutional Court / c) Plenary / d) 30.10.2018 / e) 26 / f) On the control of constitutionality of Article 52.6 of Law no. 10 of 3 February 2009 on State oversight of public health and paragraph 21.1.e of the National Immunisation Programme for 2016-2020 years, approved by Government Decision no. 1113 of 6 October 2016 (restriction on the admission of unvaccinated children into communities and educational entities) /
Restricting the admission of children who are unvaccinated, but who could be vaccinated, to communities, educational and recreational institutions does not amount to an extreme and drastic measure in terms of the right to education and the right to respect for private life. Parents’ wishes for their unvaccinated and vaccinated children to participate in social life by being admitted to... Read more
3.12 General Principles - Clarity and precision of legal provisions.
3.16 General Principles - Proportionality.
3.17 General Principles - Weighing of interests.
3.18 General Principles - General interest.
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child.
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education.
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health.
Child, educational and recreational facilities, access / Health, risk Vaccination.

MDA-2018-3-010 a) Moldova / b) Constitutional Court / c) Plenary / d) 30.10.2018 / e) 27 / f) On the control of constitutionality of certain provisions of Article 185 of the Criminal Procedure Code (preventive arrest in the case of an individual not pleading guilty) /
The constitutional principle that a person is presumed innocent until final judgment does not preclude preventive measures being applied during criminal proceedings against the alleged perpetrator of the crime.
5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.12 Fundamental Rights - Civil and political rights - Security of the person.
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.13.23 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent.
Arrest, preventive measure, justification.

MDA-2018-3-011 a) Moldova / b) Constitutional Court / c) Plenary / d) 22.11.2018 / e) 28 / f) On the exception of unconstitutionality of certain provisions of Article 78/1 of the Contravention Code (Domestic violence) /
Unpaid work may not be ordered without an individual’s consent and contravention arrest cannot be applied against individuals who have reached the general retirement age. In this respect, there is a risk that the sanctions imposed against acts of domestic violence committed by individuals who have reached the general retirement age would not be rendered effective.
3.12 General Principles - Clarity and precision of legal provisions.
3.14 General Principles - Nullum crimen, nulla poena sine lege.
3.16 General Principles - Proportionality.
Violence, domestic / Minor offence, penalty / Retirement, age / Community service.

MDA-2018-3-012 a) Moldova / b) Constitutional Court / c) Plenary / d) 22.11.2018 / e) 30 / f) On the exception of unconstitutionality of several provisions of Article 521.2 of the Criminal Procedure Code /
A legal entity accused of having committed criminal acts must be able to benefit at the initial stages of the proceedings from legal assistance of its own choosing.
5.1.1.5 Fundamental Rights - General questions - Entitlement to rights - Legal persons.
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
Legal person, criminal responsibility / Counsel, appointment.

MDA-2018-3-013 a) Moldova / b) Constitutional Court / c) Plenary / d) 29.11.2018 / e) 31 / f) On the exception of certain provisions of the Criminal Code and Criminal Procedure Code (access to the case-file to victims of torture and their representatives in criminal cases) /
The proportionality of restricting access to case-files during pre-trial investigation and providing grounds for such a measure are crucial elements, which should be assessed with caution by prosecutors, given the particular circumstances of the case.
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.8 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file.
5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime.
Criminal inquiries, confidentiality / Prosecutor, case-file, discretion / Proceedings, pre-trial.

MONTENEGRO

MNE-2018-3-003 a) Montenegro / b) Constitutional Court / c) / d) 24.09.2018 / e) U-III 778/16 / f) /
The right to freedom of peaceful assembly to all those who intend organising a peaceful assembly is guaranteed by Article 52 of the Constitution and Article 11 ECHR. Guarantees established by the European Convention on Human Rights refer to assembly organisers, even when an association is the organiser. Freedom of peaceful assembly guaranteed by the Constitution is not absolute. It can be... Read more
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly.
5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
Freedom of peaceful assembly / Sexual minorities and transgender persons, rights and freedoms, protection and promotion / Peaceful assembly, prohibition / Security risk / Non-discrimination, constitutional principle / Right to equality / Public order, disruption / Right to peaceful protest / Population, LGBT.

NORWAY

NOR-2018-3-002 a) Norway / b) Supreme Court / c) Plenary / d) 11.09.2018 / e) HR 2018-1720-A / f) /
The best interests of the child are the most important concern when deciding on forced adoption. Adoption can only be justified where there are, from the child’s perspective, particularly weighty reasons, balanced against the consequences of adoption for the child’s contact with biological parents. In this case there had been no contact between the boy and his parents. The Supreme Court found... Read more
2.1.1.4.15 Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.33 Fundamental Rights - Civil and political rights - Right to family life.
Adoption, against parents’ will / Adoption, child, best interest / Child, best interest / Child, welfare.

PORTUGAL

POR-2018-3-010 a) Portugal / b) Constitutional Court / c) Plenary / d) 20.09.2018 / e) 428/18 / f) /
The restriction of the monthly lifelong annuities of former political office holders is not in breach of the constitutional principle of the protection of legitimate expectations.
3.10 General Principles - Certainty of the law.
5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Pension, legitimate expectation / Public official, salary, calculation.

POR-2018-3-011 a) Portugal / b) Constitutional Court / c) Second Chamber / d) 04.10.2018 / e) 488/18 / f) /
The definition of a statute of limitations of a period of ten years, calculated from the age of majority or emancipation of the child, for the filing of a paternity investigation action, is unconstitutional; it is in violation of the fundamental rights to found a family, to personal identity, to the free development of one’s personality, and the right to know one’s biological ancestry.
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity.
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.
Child born out of wedlock / Child, right to know parents / Paternity, investigation, limitation period.

POR-2018-3-012 a) Portugal / b) Constitutional Court / c) Plenary / d) 13.11.2018 / e) 595/18 / f) /
A norm to the effect that a Court of Appeal ruling sentencing the defendant to a maximum prison term of five years is not subject to appeal does not adequately guarantee the defendant’s right of defence.
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
Acquittal, effect / Appeal, individual, inadmissibility / Conviction, criminal / Court, appellate, review.

RUSSIA

RUS-2018-3-004 a) Russia / b) Constitutional Court / c) / d) 22.05.2018 / e) 19 / f) /
Deferral of military service must be possible to enable full-time students in state-accredited secondary vocational educational institutions to complete their studies.
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education.
Military service, deferral / Secondary education.

RUS-2018-3-005 a) Russia / b) Constitutional Court / c) / d) 24.05.2018 / e) 20 / f) /
When ordering the hospitalisation of an individual in a psychiatric care institution, the court is required to determine the length of placement of the individual in the designated medical institution, including the date of the end of such placement.
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
Mental illness / Hospitalisation, psychiatric, care / Length of placement.

RUS-2018-3-006 a) Russia / b) Constitutional Court / c) / d) 03.07.2018 / e) 28 / f) /
The Constitutional Court clarified the provisions regarding the transfer of the exclusive right to a trademark. The goal of rational organisation of the activities of public authorities cannot serve as grounds for restricting human and individual rights or freedoms.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Exclusive right, trademark / Intellectual property, Court / Transfer of right.

SERBIA

SRB-2018-3-003 a) Serbia / b) Constitutional Court / c) / d) 05.07.2018 / e) Už-258/2016 / f) /
It does not arise from the nature of the work performed by the court that the number of published professional and research papers may be considered as one of the basic criteria for assessing a judicial assistant’s work at the time of his or her evaluation.
4.7.4.2 Institutions - Judicial bodies - Organisation - Officers of the court.
5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment.
Civil servants / Equality, prohibition of discrimination.

SLOVENIA

SLO-2018-3-004 a) Slovenia / b) Constitutional Court / c) / d) 28.09.2015 / e) U-II-1/15 / f) /
The exception in the Constitution that a referendum may not be held on a law that remedies an established unconstitutionality only applies to unconstitutionalities established by a decision of the Constitutional Court or violations of human rights established by a judgment of the European Court of Human Rights.
4.9.2.1 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Admissibility.
Referendum, legislative / Referendum, restriction.

SLO-2018-3-005 a) Slovenia / b) Constitutional Court / c) / d) 17.05.2018 / e) Up-716/18, Up-745/18 / f) /
A list of candidates that does not meet the gender quota determined by the National Assembly Elections Act contains a substantive deficiency that cannot be remedied. The electoral commission must reject such a list.
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Election, list, correction / Election, list, rejection / Election, party, candidates, list, gender, balance / Gender quota.

SOUTH AFRICA

RSA-2018-3-011 a) South Africa / b) Constitutional Court / c) / d) 26.07.2018 / e) CCT 217/16 / f) Dobrosav Gavric v. Refugee Status Determination Officer, Cape Town and Others /
A foreign national who has been convicted of a serious non-political crime, such as murder, will not be eligible for refugee status unless they can show that on return to their home country their life, physical safety or freedom will be threatened.
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2 Fundamental Rights - Civil and political rights - Right to life.
5.3.12 Fundamental Rights - Civil and political rights - Security of the person.
Non-refoulement / Refugee, status, non-political crime, serious / Refugee, criminal, extradition.

RSA-2018-3-012 a) South Africa / b) Constitutional Court / c) / d) 18.09.2018 / e) CCT 108/17 / f) Minister of Justice and Constitutional Development and Others v. Prince; National Director of Public Prosecutions and Others v. Rubin; National Director of Public Prosecutions and Others v. Acton and Others /
Sections 4.b and 5.b of Drugs and Drug Trafficking Act 140 of 1992 read with Part III of Schedule 2 of that Act and Section 22A.9.a.1 of the Medicines and Related Substances Control Act 101 of 1965 unjustifiably limit the right to privacy in Section 14 of the Bill of Rights to the extent that they criminalise the use or possession in private or cultivation in a private place of cannabis by an... Read more
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.13.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
Cannabis, decriminalisation, private use / Cannabis, decriminalisation, cultivation / Cannabis, personal consumption.

RSA-2018-3-013 a) South Africa / b) Constitutional Court / c) / d) 23.10.2018 / e) CCT 146/17 / f) Holomisa v. Holomisa and Another /
The exclusion of women who are married out of community of property under the Transkei Marriage Act 21 of 1978 from applying to court for the transfer of assets from the other spouse if just and equitable is irrational and indefensibly discriminatory.
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender.
Rationalisation of laws / Constitutional Court, direct access.

RSA-2018-3-014 a) South Africa / b) Constitutional Court / c) / d) 19.11.2018 / e) CCT 32/18 / f) Mlungwana and Others v. The State and Another /
Imposing criminal liability for convening of an assembly of more than 15 people without first notifying a municipal officer unjustifiably limits the right peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions and is unconstitutional.
1.6.9.2 Constitutional Justice - Effects - Consequences for other cases - Decided cases.
3.16 General Principles - Proportionality.
5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly.
5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child.
Assembly, notification, obligation / Assembly, minors, criminalisation / Law, constitutionality, constitutional review, obligatory.

RSA-2018-3-015 a) South Africa / b) Constitutional Court / c) / d) 28.11.2018 / e) CCT 212/17 / f) Riaan Mogamat Amardien and Others v. Registrar of Deeds and Others /
It is a necessary requirement under the statute to specify the amount and nature of the purchaser’s default before valid cancellation of an instalment sale agreement. The purchaser is not obliged to make payment until the seller has effected recordal of the agreement with the Registrar of Deeds. The payments under the contract are not due and payable until then and thus no arrears accumulate.
3.10 General Principles - Certainty of the law.
3.12 General Principles - Clarity and precision of legal provisions.
3.18 General Principles - General interest.
5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing.
Debt, default, record, notice / Housing, subsidised, eviction.

RSA-2018-3-016 a) South Africa / b) Constitutional Court / c) / d) 20.12.2018 / e) CCT 02/18 / f) Ruta v. Minister of Home Affairs /
Delay does not impede the right to asylum. Only a Refugee Status Determination Officer is authorised to consider applications by asylum seekers and this process may not be trumped by deportation processes under the Immigration Act. That statute must be read in harmony with the Refugees Act and with international law.
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum.
Asylum, application / Foreigner, illegal, deportation / Refugee, status, determination / Refugee, status, application, procedure, termination, prior deportation / Non-refoulement, principle.

SWITZERLAND

SUI-2018-3-004 a) Switzerland / b) Federal Court / c) Second Civil Law Court / d) 14.05.2018 / e) 5A_701/2017 / f) A. v. B. /
Article 30 of the Federal Constitution and Article 6.1 ECHR; withdrawal of an authority ruling on child protection; being a "friend" on Facebook with a party to the proceedings. "Friendship" on Facebook as a reason for an authority to withdraw (recital 4).
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Child, born out of wedlock, parental authority / Facebook / Judge, authority, impartiality / Withdrawal, judge, impartiality / Social network.

"NORTH MACEDONIA"

MKD-2018-3-003 a) "The former Yugoslav Republic of Macedonia" / b) Constitutional Court / c) / d) 19.09.2018 / e) U.br.88/2018, U.br.90/2018; U.br.91/2018 / f) Sluzben vesnik na Republika Makedonija (Official Gazette), 200/2018, 01.11.2018 /
The referendum question was complex, with an intrinsic link between its parts that guaranteed freedom of suffrage of voters, as required by the principle of unity of content. As a result, the Decision to call a nation-wide consultative referendum for accession to the EU and NATO was in accordance with the Constitution.
3.3.2 General Principles - Democracy - Direct democracy.
4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy.
Referendum, consultative.

TURKEY

TUR-2018-3-007 a) Turkey / b) Constitutional Court / c) Second Section / d) 11.10.2018 / e) 2014/2502 / f) Nurbani Fikri /
Where possible, employees should be accommodated in a work place which is appropriate to their familial situation.
3.17 General Principles - Weighing of interests.
5.3.33 Fundamental Rights - Civil and political rights - Right to family life.
Public employees, work place, familial situation.

TUR-2018-3-008 a) Turkey / b) Constitutional Court / c) Second Section / d) 15.11.2018 / e) 2015/271 / f) Sevinç Hocaogullari /
The mere fact that prior notification was not given does not suffice to justify intervention with a peaceful public demonstration provided that it poses no threat to public security or to public order.
3.17 General Principles - Weighing of interests.
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly.
Peaceful assembly, public press statement / Assembly, no prior permission / Public meeting, no warning of intervention.

TUR-2018-3-009 a) Turkey / b) Constitutional Court / c) Plenary / d) 22.11.2018 / e) 2015/269 / f) Kemal Kiliçdaroglu (3) /
In order to restrict freedom of religion, first and foremost, there must be explicit legal regulations in the form of law, as required by Article 13 of the Constitution. Court judgments, whether of the Constitutional Court or the European Court of Human Rights, cannot be considered to be substitutes for the requirement for regulation to be in the form of law.
3.13 General Principles - Legality.
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education.
Secularism, headscarf / Religious practices, headscarf worn at university.

UKRAINE

UKR-2018-3-009 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 11.10.2018 / e) 8-r/2018 / f) Conformity to the Constitution of specific provisions of Article 8.2, the second sentence of Article 16.4 of the Law on Citizens' Appeals (case on appeals by persons declared incapacitated by the court) /
Legislation on citizens’ appeals (whereby applications by those declared incapacitated by the court will only be considered if they are filed by their legal representative) restricts the ability of such persons to submit independent claims to protect their individual rights and freedoms.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Incapacity / Appeals, personal, citizens.

UKR-2018-3-010 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 07.11.2018 / e) 9-r/2018 / f) Constitutionality of the provisions of paragraph 7 of Section II of the Law on Prevention of Financial Catastrophe and Creation of Preconditions for Economic Growth /
Legislation which made changes to the financial allowance provided upon the birth or adoption of a child and to allowances payable for childcare until the child’s third birthday is constitutionally compliant. These allowances are provided for in legislation but are not specifically provided for in the Constitution as forming part of the social protection system. Parliament therefore has the scope... Read more
4.10.2 Institutions - Public finances - Budget.
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security.
5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.
State assistance, childcare.

UKR-2018-3-011 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 22.11.2018 / e) 3-v/2018 / f) Compliance of the draft law on introducing amendments to the Constitution (regarding the strategic course of the state for gaining full-fledged membership in the European Union and the North Atlantic Treaty Organisation) (Reg. no. 9037) with the requirements of Articles 157 and 158 of the Constitution /
Draft legislation on introducing amendments to the Constitution (regarding the strategic course of the state for acquiring full-fledged membership in the European Union and the North Atlantic Treaty Organisation) does not pave the way for the curtailing or restricting of human and citizens’ rights or the violation or abolition of national independence and is in line with the Constitution.
1.1.1.1.1 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution.
Amendments, Constitution / European, Euro-Atlantic course / European, identity, Ukrainian, people.

UKR-2018-3-012 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 23.11.2018 / e) 4-v/2018 / f) Compliance of the draft law on introducing amendments to Article 41 of the Constitution on the exercise of the rights of Ukrainian citizens to land, preservation of ownership on agricultural land in the hands of Ukrainian citizens and sustainable rural development based on farms (Reg. no. 6236) with Articles 157 and 158 of the Constitution /
Draft legislation on introducing amendments to the Constitution regarding the exercise of the rights of Ukrainian citizens to land, the preservation of ownership of agricultural land in the hands of the citizens of Ukraine and sustainable rural development based on farms is of a general nature and does not entail the restricting or curtailing of human rights; it is in line with the Constitution.
5.3.39 Fundamental Rights - Civil and political rights - Right to property.
Farmland, citizens, ownership.

UKR-2018-3-013 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 18.12.2018 / e) 12-r/2018 / f) On the constitutionality of clause 9 of Chapter I of Law no. 76-VIII "On Introducing Amendments and Declaring Invalid Some Legislative Acts" dated 28 December 2014 (on the social protection of war veterans and their family members) /
Citizens who protect the Motherland and the independence and territorial integrity of Ukraine play a constitutionally significant role. The state must grant them and their family members a special status and provide additional guarantees of social protection. In the event of changes to the legal regime to which such persons are subject, these safeguards need to be preserved in such a way that... Read more
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security.
War veteran, social protection.

UKR-2018-3-014 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 20.12.2018 / e) 13-r/2018 / f) Conformity to the Constitution of Ukraine of the provision of the sixth sentence of Article 13.1 of the Law On Psychiatric Care /
Legislation which allows for somebody who has been lawfully declared as incapacitated, and whose state of health prevents them from expressing a request or providing conscious written consent, to be committed to an institution for psychiatric care through a decision by the guardianship body, in other words without their consent, is unconstitutional.
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
Hospitalisation, person, legally incapacitated / Psychiatric, care, provision, decision.

B. Systematic Thesaurus

1.1.1.1.1	Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution.	GER-2018-3-027, UKR-2018-3-011
1.2.1.2	Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.	GER-2018-3-027
1.2.1.4	Constitutional Justice - Types of claim - Claim by a public body - Organs of federated or regional authorities.	GER-2018-3-023
1.2.1.11	Constitutional Justice - Types of claim - Claim by a public body - Religious authorities.	GEO-2018-3-001, GEO-2018-3-003
1.2.3	Constitutional Justice - Types of claim - Referral by a court.	LAT-2018-3-008, LAT-2018-3-009
1.3.1	Constitutional Justice - Jurisdiction - Scope of review.	GER-2018-3-025
1.3.1.1	Constitutional Justice - Jurisdiction - Scope of review - Extension.	CZE-2018-3-006
1.3.2.1	Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review.	GER-2018-3-027
1.3.5.2.2	Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation.	LAT-2018-3-009
1.3.5.10	Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.	LAT-2018-3-009
1.3.5.14	Constitutional Justice - Jurisdiction - The subject of review - Government acts.	GER-2018-3-029
1.3.5.15	Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.	GER-2018-3-029
1.4.9.1	Constitutional Justice - Procedure - Parties - Locus standi.	IRL-2018-3-003
1.4.9.4	Constitutional Justice - Procedure - Parties - Persons or entities authorised to intervene in proceedings.	IRL-2018-3-003
1.4.10.7	Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.	LAT-2018-3-009
1.6.2	Constitutional Justice - Effects - Determination of effects by the court.	FRA-2018-3-014, FRA-2018-3-015
1.6.5.2	Constitutional Justice - Effects - Temporal effect - Retrospective effect (ex tunc).	MDA-2018-3-007
1.6.5.4	Constitutional Justice - Effects - Temporal effect - Ex nunc effect.	MDA-2018-3-007
1.6.5.5	Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect.	CRC-2018-3-003, FRA-2018-3-014
1.6.6	Constitutional Justice - Effects - Execution.	FRA-2018-3-016
1.6.7	Constitutional Justice - Effects - Influence on State organs.	CZE-2018-3-006
1.6.9.1	Constitutional Justice - Effects - Consequences for other cases - Ongoing cases.	FRA-2018-3-016
1.6.9.2	Constitutional Justice - Effects - Consequences for other cases - Decided cases.	RSA-2018-3-014
2.1.1.1	Sources - Categories - Written rules - National rules.	BLR-2018-3-005
2.1.1.4	Sources - Categories - Written rules - International instruments.	HUN-2018-3-005
2.1.1.4.4	Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.	BEL-2018-3-009, ECJ-2018-3-011, HUN-2018-3-005
2.1.1.4.8	Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.	CRC-2018-3-003
2.1.1.4.11	Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.	CRC-2018-3-003
2.1.1.4.15	Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.	CZE-2018-3-006, NOR-2018-3-002
2.1.1.4.18	Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.	ECJ-2018-3-011, ECJ-2018-3-012
2.1.3.1	Sources - Categories - Case-law - Domestic case-law.	IRL-2018-3-003, IRL-2018-3-004
2.1.3.2.1	Sources - Categories - Case-law - International case-law - European Court of Human Rights.	BEL-2018-3-009
2.1.3.2.2	Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.	LAT-2018-3-009
2.2.1.3	Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments.	BLR-2018-3-003
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.	HUN-2018-3-005
2.2.1.6.4	Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.	LAT-2018-3-009
2.2.1.6.5	Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.	ECJ-2018-3-011, ECJ-2018-3-012
2.2.2.2	Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.	ITA-2018-3-014
2.3.3	Sources - Techniques of review - Intention of the author of the enactment under review.	GER-2018-3-025
2.3.7	Sources - Techniques of review - Literal interpretation.	IRL-2018-3-005
2.3.11	Sources - Techniques of review - Pro homine/most favourable interpretation to the individual.	IRL-2018-3-005
3.3	General Principles - Democracy.	GER-2018-3-027
3.3.2	General Principles - Democracy - Direct democracy.	MKD-2018-3-003
3.4	General Principles - Separation of powers.	BRA-2018-3-012, CAN-2018-3-004, CRO-2018-3-007, GER-2018-3-029
3.5	General Principles - Social State.	CRO-2018-3-005
3.6.1	General Principles - Structure of the State - Unitary State.	ITA-2018-3-014
3.6.3	General Principles - Structure of the State - Federal State.	GER-2018-3-023
3.7	General Principles - Relations between the State and bodies of a religious or ideological nature.	CZE-2018-3-008, GEO-2018-3-001, GEO-2018-3-002
3.9	General Principles - Rule of law.	BLR-2018-3-003, BLR-2018-3-004, BLR-2018-3-005, CRO-2018-3-005, CRO-2018-3-007, ITA-2018-3-017
3.10	General Principles - Certainty of the law.	BLR-2018-3-003, BLR-2018-3-004, BLR-2018-3-006, BLR-2018-3-007, CRO-2018-3-005, POR-2018-3-010, RSA-2018-3-015
3.12	General Principles - Clarity and precision of legal provisions.	BLR-2018-3-004, BLR-2018-3-006, BLR-2018-3-007, MDA-2018-3-009, MDA-2018-3-011, RSA-2018-3-015
3.13	General Principles - Legality.	BLR-2018-3-005, CRO-2018-3-007, ITA-2018-3-017, TUR-2018-3-009
3.14	General Principles - Nullum crimen, nulla poena sine lege.	FRA-2018-3-017, ITA-2018-3-017, MDA-2018-3-011
3.16	General Principles - Proportionality.	CRO-2018-3-005, CZE-2018-3-007, ECH-2018-3-015, GEO-2018-3-002, GEO-2018-3-003, GEO-2018-3-004, GEO-2018-3-005, LAT-2018-3-008, MDA-2018-3-008, MDA-2018-3-009, MDA-2018-3-011, RSA-2018-3-014
3.17	General Principles - Weighing of interests.	GEO-2018-3-003, ITA-2018-3-018, LAT-2018-3-008, MDA-2018-3-009, TUR-2018-3-007, TUR-2018-3-008
3.18	General Principles - General interest.	BRA-2018-3-011, CRO-2018-3-005, GEO-2018-3-002, GEO-2018-3-003, GEO-2018-3-005, MDA-2018-3-009, RSA-2018-3-015
3.19	General Principles - Margin of appreciation.	GER-2018-3-025
3.20	General Principles - Reasonableness.	GEO-2018-3-001, ITA-2018-3-013, ITA-2018-3-015, ITA-2018-3-016, ITA-2018-3-018
3.21	General Principles - Equality.	BLR-2018-3-004, ITA-2018-3-018
4.2.1	Institutions - State Symbols - Flag.	ITA-2018-3-014
4.5.4.5	Institutions - Legislative bodies - Organisation - Parliamentary groups.	GER-2018-3-029
4.5.9	Institutions - Legislative bodies - Liability.	BRA-2018-3-012
4.5.10	Institutions - Legislative bodies - Political parties.	GER-2018-3-027, GER-2018-3-029
4.6.9.3	Institutions - Executive bodies - The civil service - Remuneration.	GER-2018-3-025
4.6.10.2	Institutions - Executive bodies - Liability - Political responsibility.	GER-2018-3-029
4.7.2	Institutions - Judicial bodies - Procedure.	GER-2018-3-026
4.7.4.1.2	Institutions - Judicial bodies - Organisation - Members - Appointment.	CRO-2018-3-006, CRO-2018-3-007, CRO-2018-3-008
4.7.4.2	Institutions - Judicial bodies - Organisation - Officers of the court.	SRB-2018-3-003
4.7.4.4	Institutions - Judicial bodies - Organisation - Languages.	CAN-2018-3-005
4.7.5	Institutions - Judicial bodies - Supreme Judicial Council or equivalent body.	CRO-2018-3-007
4.7.6	Institutions - Judicial bodies - Relations with bodies of international jurisdiction.	CRC-2018-3-003
4.8.1	Institutions - Federalism, regionalism and local self-government - Federal entities.	GER-2018-3-023
4.8.2	Institutions - Federalism, regionalism and local self-government - Regions and provinces.	ITA-2018-3-014
4.8.8.2	Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation.	CAN-2018-3-004
4.9	Institutions - Elections and instruments of direct democracy.	FRA-2018-3-017
4.9.2	Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy.	MKD-2018-3-003
4.9.2.1	Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Admissibility.	SLO-2018-3-004
4.9.4	Institutions - Elections and instruments of direct democracy - Constituencies.	JPN-2018-3-001
4.10.2	Institutions - Public finances - Budget.	GER-2018-3-025, UKR-2018-3-010
4.11.2	Institutions - Armed forces, police forces and secret services - Police forces.	BRA-2018-3-011
4.17	Institutions - European Union.	ECJ-2018-3-013
4.17.2.1	Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.	ECJ-2018-3-011
5.1.1.1	Fundamental Rights - General questions - Entitlement to rights - Nationals.	ITA-2018-3-015
5.1.1.1.1	Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad.	FRA-2018-3-015
5.1.1.2	Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.	ITA-2018-3-015
5.1.1.3	Fundamental Rights - General questions - Entitlement to rights - Foreigners.	GEO-2018-3-005, ITA-2018-3-015
5.1.1.3.1	Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.	RSA-2018-3-011, RSA-2018-3-016
5.1.1.4.1	Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.	CZE-2018-3-006, FRA-2018-3-016, KAZ-2018-3-002, NOR-2018-3-002
5.1.1.4.2	Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.	FRA-2018-3-014
5.1.1.4.3	Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.	IRL-2018-3-005, ITA-2018-3-016, RUS-2018-3-005
5.1.1.5	Fundamental Rights - General questions - Entitlement to rights - Legal persons.	MDA-2018-3-012
5.1.3	Fundamental Rights - General questions - Positive obligation of the state.	CRO-2018-3-005
5.1.4.2	Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.	RSA-2018-3-014
5.2.1.2	Fundamental Rights - Equality - Scope of application - Employment.	SRB-2018-3-003
5.2.1.2.2	Fundamental Rights - Equality - Scope of application - Employment - In public law.	GER-2018-3-025
5.2.1.3	Fundamental Rights - Equality - Scope of application - Social security.	ITA-2018-3-015, KAZ-2018-3-002
5.2.1.4	Fundamental Rights - Equality - Scope of application - Elections.	JPN-2018-3-001
5.2.2.1	Fundamental Rights - Equality - Criteria of distinction - Gender.	FRA-2018-3-015, RSA-2018-3-013
5.2.2.4	Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.	ITA-2018-3-015
5.2.2.6	Fundamental Rights - Equality - Criteria of distinction - Religion.	BRA-2018-3-010, GEO-2018-3-001
5.2.2.8	Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.	MDA-2018-3-008, UKR-2018-3-014
5.2.2.11	Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.	CRC-2018-3-003, MNE-2018-3-003
5.2.2.12	Fundamental Rights - Equality - Criteria of distinction - Civil status.	KAZ-2018-3-002
5.2.2.13	Fundamental Rights - Equality - Criteria of distinction - Differentiation ratione temporis.	AUT-2018-3-004
5.3	Fundamental Rights - Civil and political rights.	FIN-2018-3-006
5.3.1	Fundamental Rights - Civil and political rights - Right to dignity.	CZE-2018-3-007, HUN-2018-3-004, POR-2018-3-011, RSA-2018-3-011
5.3.2	Fundamental Rights - Civil and political rights - Right to life.	RSA-2018-3-011
5.3.3	Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.	CAN-2018-3-007, IRL-2018-3-005
5.3.4	Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.	MDA-2018-3-009
5.3.4.1	Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments.	CZE-2018-3-007
5.3.5.1	Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.	POR-2018-3-012, RSA-2018-3-012
5.3.5.1.1	Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.	MDA-2018-3-010
5.3.5.1.2	Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.	BRA-2018-3-012, RUS-2018-3-005
5.3.5.1.3	Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.	BRA-2018-3-012, ITA-2018-3-017
5.3.5.1.4	Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release.	ITA-2018-3-016
5.3.6	Fundamental Rights - Civil and political rights - Freedom of movement.	MNE-2018-3-003
5.3.9	Fundamental Rights - Civil and political rights - Right of residence.	BEL-2018-3-008
5.3.11	Fundamental Rights - Civil and political rights - Right of asylum.	RSA-2018-3-016
5.3.12	Fundamental Rights - Civil and political rights - Security of the person.	BRA-2018-3-011, MDA-2018-3-010, RSA-2018-3-011
5.3.13	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.	CRO-2018-3-009, FRA-2018-3-014, FRA-2018-3-016, LTU-2018-3-007
5.3.13.1	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope.	RSA-2018-3-012
5.3.13.1.2	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.	GEO-2018-3-004, HUN-2018-3-006, IRL-2018-3-003
5.3.13.1.3	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.	BEL-2018-3-009, ECH-2018-3-013, IRL-2018-3-005, ITA-2018-3-017, MDA-2018-3-007, MDA-2018-3-012, MDA-2018-3-013, POR-2018-3-012
5.3.13.2	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.	BLR-2018-3-004, GER-2018-3-026, RSA-2018-3-012, RUS-2018-3-006, UKR-2018-3-009
5.3.13.3	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.	BEL-2018-3-009, BIH-2018-3-003, GER-2018-3-026, IRL-2018-3-003, LAT-2018-3-008, RUS-2018-3-006, UKR-2018-3-009
5.3.13.4	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.	POR-2018-3-012
5.3.13.6	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.	CZE-2018-3-006, GEO-2018-3-004
5.3.13.7	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.	CZE-2018-3-006, IRL-2018-3-003
5.3.13.8	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file.	MDA-2018-3-013
5.3.13.13	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.	ITA-2018-3-013
5.3.13.14	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.	CRO-2018-3-007, SUI-2018-3-004
5.3.13.15	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.	SUI-2018-3-004
5.3.13.17	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.	CAN-2018-3-006, CZE-2018-3-007, GEO-2018-3-004
5.3.13.18	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.	CRO-2018-3-006, CRO-2018-3-008
5.3.13.19	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.	HUN-2018-3-006
5.3.13.21	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Languages.	CAN-2018-3-005, ECH-2018-3-013
5.3.13.22	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.	MDA-2018-3-010
5.3.13.23	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent.	MDA-2018-3-010
5.3.13.27	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.	ITA-2018-3-017, LTU-2018-3-006, MDA-2018-3-012
5.3.13.27.1	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel - Right to paid legal assistance.	BLR-2018-3-006
5.3.14	Fundamental Rights - Civil and political rights - Ne bis in idem.	ECJ-2018-3-011
5.3.15	Fundamental Rights - Civil and political rights - Rights of victims of crime.	MDA-2018-3-013
5.3.17	Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.	ITA-2018-3-013
5.3.18	Fundamental Rights - Civil and political rights - Freedom of conscience.	BRA-2018-3-010, CRC-2018-3-003
5.3.20	Fundamental Rights - Civil and political rights - Freedom of worship.	BRA-2018-3-010, CRC-2018-3-003, CZE-2018-3-008, FIN-2018-3-006, GEO-2018-3-002, TUR-2018-3-009
5.3.21	Fundamental Rights - Civil and political rights - Freedom of expression.	BRA-2018-3-009, BRA-2018-3-010, ECH-2018-3-014, FRA-2018-3-017, GER-2018-3-027, GER-2018-3-028, HUN-2018-3-004, TUR-2018-3-009
5.3.22	Fundamental Rights - Civil and political rights - Freedom of the written press.	GER-2018-3-028, HUN-2018-3-004
5.3.23	Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.	BRA-2018-3-009, FRA-2018-3-017, JPN-2018-3-002
5.3.24	Fundamental Rights - Civil and political rights - Right to information.	JPN-2018-3-002
5.3.27	Fundamental Rights - Civil and political rights - Freedom of association.	FIN-2018-3-006
5.3.28	Fundamental Rights - Civil and political rights - Freedom of assembly.	MNE-2018-3-003, RSA-2018-3-014, TUR-2018-3-008
5.3.29.1	Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.	RSA-2018-3-014
5.3.31	Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.	MNE-2018-3-003
5.3.32	Fundamental Rights - Civil and political rights - Right to private life.	BLR-2018-3-006, BLR-2018-3-007, CZE-2018-3-007, ECH-2018-3-014, ECH-2018-3-015, ECH-2018-3-016, FIN-2018-3-006, MDA-2018-3-009, POR-2018-3-011, RSA-2018-3-012
5.3.32.1	Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.	BEL-2018-3-009, CAN-2018-3-006, FIN-2018-3-006, LAT-2018-3-008
5.3.33	Fundamental Rights - Civil and political rights - Right to family life.	BEL-2018-3-008, CRC-2018-3-003, ECH-2018-3-015, GER-2018-3-024, NOR-2018-3-002, TUR-2018-3-007
5.3.33.1	Fundamental Rights - Civil and political rights - Right to family life - Descent.	POR-2018-3-011
5.3.33.2	Fundamental Rights - Civil and political rights - Right to family life - Succession.	LAT-2018-3-009
5.3.34	Fundamental Rights - Civil and political rights - Right to marriage.	CRC-2018-3-003
5.3.36.3	Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications.	BEL-2018-3-009
5.3.39	Fundamental Rights - Civil and political rights - Right to property.	BIH-2018-3-003, GEO-2018-3-005, UKR-2018-3-012
5.3.39.3	Fundamental Rights - Civil and political rights - Right to property - Other limitations.	HUN-2018-3-005, LAT-2018-3-009, RUS-2018-3-006
5.3.41.1	Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.	JPN-2018-3-001, MDA-2018-3-008
5.3.41.2	Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.	SLO-2018-3-005
5.3.43	Fundamental Rights - Civil and political rights - Right to self fulfilment.	BRA-2018-3-009, BRA-2018-3-013, CRC-2018-3-003, GEO-2018-3-003
5.3.44	Fundamental Rights - Civil and political rights - Rights of the child.	BRA-2018-3-009, BRA-2018-3-013, CZE-2018-3-006, HUN-2018-3-006, KAZ-2018-3-002, MDA-2018-3-009, RSA-2018-3-014
5.3.45	Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.	CRC-2018-3-003, MNE-2018-3-003
5.4.2	Fundamental Rights - Economic, social and cultural rights - Right to education.	MDA-2018-3-009, RUS-2018-3-004, TUR-2018-3-009
5.4.3	Fundamental Rights - Economic, social and cultural rights - Right to work.	CRO-2018-3-006, CRO-2018-3-008, ITA-2018-3-018, LTU-2018-3-008
5.4.4	Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.	LTU-2018-3-008
5.4.6	Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.	CRO-2018-3-005, RUS-2018-3-006
5.4.8	Fundamental Rights - Economic, social and cultural rights - Freedom of contract.	JPN-2018-3-002
5.4.10	Fundamental Rights - Economic, social and cultural rights - Right to strike.	BRA-2018-3-011, ITA-2018-3-017
5.4.13	Fundamental Rights - Economic, social and cultural rights - Right to housing.	ITA-2018-3-015, RSA-2018-3-015
5.4.14	Fundamental Rights - Economic, social and cultural rights - Right to social security.	ITA-2018-3-015, KAZ-2018-3-002, LTU-2018-3-008, UKR-2018-3-010, UKR-2018-3-013
5.4.15	Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits.	HUN-2018-3-005
5.4.16	Fundamental Rights - Economic, social and cultural rights - Right to a pension.	POR-2018-3-010
5.4.17	Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.	ECJ-2018-3-012
5.4.18	Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.	UKR-2018-3-010
5.4.19	Fundamental Rights - Economic, social and cultural rights - Right to health.	BRA-2018-3-013, MDA-2018-3-009

C. Alphabetical Index

Access to a court, scope	IRL-2018-3-003
Access to court, limitations	IRL-2018-3-003
Acquittal, effect	POR-2018-3-012
Administrative Court, review	GER-2018-3-026
Administrative sanction	GEO-2018-3-003
Adoption, against parents’ will	NOR-2018-3-002
Adoption, child, best interest	NOR-2018-3-002
Adult, consenting	IRL-2018-3-005
Agricultural land	GEO-2018-3-005
Alimentation (renumeration), appropriate, civil service	GER-2018-3-025
Amendments, Constitution	UKR-2018-3-011
Appeal, individual, inadmissibility	POR-2018-3-012
Appeals, personal, citizens	UKR-2018-3-009
Appointment preference, civil or criminal	CRO-2018-3-008
Arrest, preventive measure, justification	MDA-2018-3-010
Assembly, minors, criminalisation	RSA-2018-3-014
Assembly, no prior permission	TUR-2018-3-008
Assembly, notification, obligation	RSA-2018-3-014
Asylum, application	RSA-2018-3-016
Asylum, policy	GER-2018-3-029
Austerity cuts	GER-2018-3-025
Authority, judicial, church	CZE-2018-3-008
Biological examination	CZE-2018-3-007
Blanket restriction	GEO-2018-3-003
Border, control	GER-2018-3-029
Border, entry, refusal	GER-2018-3-029
Budget consolidation, legislative concept	GER-2018-3-025
Cannabis, decriminalisation, cultivation	RSA-2018-3-012
Cannabis, decriminalisation, private use	RSA-2018-3-012
Cannabis, personal consumption	RSA-2018-3-012
Case-law, development, respect for constitutional guarantees and rights	IRL-2018-3-004
Celebrity, media	GER-2018-3-028
Censorship, preventive, prohibition	BRA-2018-3-009
Census	GER-2018-3-023
Charge, criminal	IRL-2018-3-005
Child born out of wedlock	POR-2018-3-011
Child, best interest	BRA-2018-3-009, BRA-2018-3-013, CZE-2018-3-006, HUN-2018-3-006, NOR-2018-3-002
Child, born out of wedlock, parental authority	SUI-2018-3-004
Child, educational and recreational facilities, access	MDA-2018-3-009
Child, guardian, designation	CZE-2018-3-006
Child, higher interest	FRA-2018-3-016
Child, interest, priority	HUN-2018-3-006
Child, mother, imprisonment, separation	BRA-2018-3-013
Child, personal hearing	CZE-2018-3-006
Child, right to know parents	POR-2018-3-011
Child, welfare	NOR-2018-3-002
Child, wrongful removal	HUN-2018-3-006
Children's home, violence, compensation	AUT-2018-3-004
Church, autonomy	CZE-2018-3-008
Church, employment relation, autonomy	CZE-2018-3-008
Church, membership termination, freedom	CZE-2018-3-008
Church, self-administration	CZE-2018-3-008
Civil proceedings	LAT-2018-3-008
Civil proceedings, costs, reimbursement	BIH-2018-3-003
Civil servants	SRB-2018-3-003
Civil service, remuneration, procedural requirements	GER-2018-3-025
Civil service, remuneration, standard of review	GER-2018-3-025
Clergy, dismissal, appeal	CZE-2018-3-008
Clergy, employment, term	CZE-2018-3-008
Collateral	GER-2018-3-028
Communication, interception, bulk, surveillance	ECH-2018-3-014
Communication, interception, crime, serious	ECH-2018-3-014
Communications, interception, criteria	ECH-2018-3-014
Community service	MDA-2018-3-011
Company law	IRL-2018-3-003
Company of systematic importance, emergency administration	CRO-2018-3-005
Company, in difficulty	CRO-2018-3-005
Conscientious objection	CZE-2018-3-006
Constitution, constitutional validity	IRL-2018-3-004
Constitutional changes, timing	GEO-2018-3-005
Constitutional Court, Constitution, interpretation, competence, exclusive	IRL-2018-3-004
Constitutional Court, direct access	RSA-2018-3-013
Constitutional invalidity	IRL-2018-3-004
Constitutional invalidity, confirmation	IRL-2018-3-004
Constitutional organ, dispute, application, inadmissible	GER-2018-3-029
Contract, employment, termination	CZE-2018-3-008
Contract, employment, termination, illegal	CZE-2018-3-008
Controller	FIN-2018-3-006
Convicted person	BLR-2018-3-004
Conviction	CZE-2018-3-007
Conviction, criminal	IRL-2018-3-005, POR-2018-3-012
Counsel, appointment	MDA-2018-3-012
Court of Justice of the European Union, preliminary ruling	LAT-2018-3-009
Court president, official duty, breach	ECH-2018-3-016
Court, appellate, review	POR-2018-3-012
Court, legal assistance	BLR-2018-3-006
Criminal inquiries, confidentiality	MDA-2018-3-013
Criminal investigation, measures	BEL-2018-3-009
Criminal investigation, undercover investigation, computer systems	BEL-2018-3-009
Criminal procedure, right to appeal	ECJ-2018-3-011
Criminal proceedings	BLR-2018-3-006
Criminal record	BEL-2018-3-008
Cultural monuments, conservation regime	GEO-2018-3-002
Damage, compensation	BIH-2018-3-003
Data Act	FIN-2018-3-006
Data protection	FIN-2018-3-006
Data Protection Directive	FIN-2018-3-006
Data, collection	GER-2018-3-023
Debt, default, record, notice	RSA-2018-3-015
Deceased, memory, right to respect	ECH-2018-3-015
Declaration of invalidity	IRL-2018-3-004
Defence, right	IRL-2018-3-005
Defendant, identification	LAT-2018-3-008
Detention, preventive, duration	ITA-2018-3-017
Disabled person, social assistance, entitlement	HUN-2018-3-005
Discrimination, incitement, prohibition	BRA-2018-3-010
Discrimination, prohibition	FIN-2018-3-006
Dismissal, compensation	ITA-2018-3-018
Dismissal, compensation, sole criteria, length of service	ITA-2018-3-018
Dismissal, unlawful, compensation, lump sum, pre-determined by decree-law	ITA-2018-3-018
Distribution, litigation cost	LTU-2018-3-007
Drug, narcotic	CZE-2018-3-007
Drug, use	CZE-2018-3-007
Effectiveness, EU law, principle	ECJ-2018-3-011
Election, campaign, media, access, public opinion, information	FRA-2018-3-017
Election, list, correction	SLO-2018-3-005
Election, list, rejection	SLO-2018-3-005
Election, party, candidates, list, gender, balance	SLO-2018-3-005
Employment, leave, annual, loss, right to compensation	ECJ-2018-3-012
Employment, working time	ECJ-2018-3-012
Equality before the law	FRA-2018-3-015
Equality, categories of person, comparison	AUT-2018-3-004
Equality, civil status	KAZ-2018-3-002
Equality, prohibition of discrimination	SRB-2018-3-003
Equality, special burden, civil servants	GER-2018-3-025
Equivalence, EU law, principle	ECJ-2018-3-011
EU, fundamental rights	BEL-2018-3-008
European Union	LAT-2018-3-009
European Union, accession, constitutional foundations	ECJ-2018-3-013
European Union, construction process	ECJ-2018-3-013
European Union, member states, mutual trust	ECJ-2018-3-013
European, Euro-Atlantic course	UKR-2018-3-011
European, identity, Ukrainian, people	UKR-2018-3-011
Evidence, exclusion	CAN-2018-3-006
Evidence, new, impact	GEO-2018-3-004
Evidence, sufficiency	CZE-2018-3-007
Exclusive right, trademark	RUS-2018-3-006
Exhumation, against wishes of relatives	ECH-2018-3-015
Expectation, legitimate	LAT-2018-3-009
Facebook	SUI-2018-3-004
Family reunion, right	BEL-2018-3-008
Farmland, citizens, ownership	UKR-2018-3-012
Federal courts, use of official languages	CAN-2018-3-005
Federal government, political decision, lawfulness	GER-2018-3-029
Federation, constituent entities, territory	GER-2018-3-023
Foreigner, illegal, deportation	RSA-2018-3-016
Freedom of peaceful assembly	MNE-2018-3-003
Freedom of religion	FIN-2018-3-006
Freedom of speech	FIN-2018-3-006
Freedom to impart information	FRA-2018-3-017
Fundamental rights, appeal, remedy	ECJ-2018-3-011
Fundamental rights, criminal protection	ECJ-2018-3-011
Gender quota	SLO-2018-3-005
Harm, personal	IRL-2018-3-005
Health, risk Vaccination	MDA-2018-3-009
Hospitalisation, person, legally incapacitated	UKR-2018-3-014
Hospitalisation, psychiatric, care	RUS-2018-3-005
Housing, subsidised, eviction	RSA-2018-3-015
Humanitarian aid, beneficiary, death	CRO-2018-3-009
Humanitarian aid, collected funds, non-inheritable	CRO-2018-3-009
Humanitarian aid, collected funds, purpose, health	CRO-2018-3-009
Immunity, Parliament, provisional remedies	BRA-2018-3-012
Imprisonment	CZE-2018-3-007
Incapacity	UKR-2018-3-009
Inheritance, right	LAT-2018-3-009
Institution, religious, separation from the state	CZE-2018-3-008
Intellectual property, Court	RUS-2018-3-006
Intelligence sharing, supervision	ECH-2018-3-014
International obligations, same-sex marriage	CRC-2018-3-003
Internet, surveillance	ECH-2018-3-014
Interpreter, assistance, right	ECH-2018-3-013
Interpreter, trial	ECH-2018-3-013
Intolerance, incitement, prohibition	BRA-2018-3-010
Investigation	CZE-2018-3-007
Investigation measures, computer systems	BEL-2018-3-009
Jehovah’s Witnesses, Door-to-door preaching	FIN-2018-3-006
Judge, appointment	CRO-2018-3-008
Judge, appointment, ranking difference	CRO-2018-3-006
Judge, authority, impartiality	SUI-2018-3-004
Judge, court president, dismissal	ECH-2018-3-016
Judgment, retroactive effect	MDA-2018-3-007
Judicial appointment, security vetting	CRO-2018-3-007
Judicial review, limits	GER-2018-3-026
Juveniles, protection	FRA-2018-3-016
Land charge, property	GER-2018-3-028
Language rights, interpretation	CAN-2018-3-005
Language rights, violation, remedies	CAN-2018-3-005
Language, knowledge	BEL-2018-3-008
Law, constitutionality, constitutional review, obligatory	RSA-2018-3-014
Law, experimental	BLR-2018-3-005
Lawyer, professional secrecy	BLR-2018-3-006
Lawyer, strike	ITA-2018-3-017
Legal interest	GER-2018-3-027
Legal person, criminal responsibility	MDA-2018-3-012
Legal professional privilege	BLR-2018-3-006
Legal representation, state-funded, vulnerable persons	LTU-2018-3-006
Legal term, interpretation, lay person perspective	GER-2018-3-028
Legislative procedure, urgent	CRO-2018-3-005
Length of placement	RUS-2018-3-005
Length of proceedings, unreasonable	ITA-2018-3-013
Litigation cost, preliminary ruling	LTU-2018-3-007
Locus standi, constitutional	IRL-2018-3-003
Locus standi, establishment, burden	IRL-2018-3-003
Locus standi, establishment, criteria	IRL-2018-3-003
Maintenance, mother, unmarried	KAZ-2018-3-002
Marijuana, use, individual	GEO-2018-3-003
Maternity benefit	LTU-2018-3-008
Media, broadcasting, restrictions, duties	BRA-2018-3-009
Media, journalist, sources, protection	ECH-2018-3-014
Mental illness	RUS-2018-3-005
Migration, policy	GER-2018-3-029
Military service, deferral	RUS-2018-3-004
Minister, official, unlawful action, damage, redress	GER-2018-3-027
Minor offence, penalty	MDA-2018-3-011
Minor, protection	CZE-2018-3-006
Minors, natural children, rights	KAZ-2018-3-002
Mother, self-employed	LTU-2018-3-008
Municipality, differential treatment	GER-2018-3-023
National security	BRA-2018-3-011
Nationality, transmission, discrimination	FRA-2018-3-015
Newspaper, headline	GER-2018-3-028
Non-discrimination, constitutional principle	MNE-2018-3-003
Non-refoulement, principle	RSA-2018-3-016
Non-refoulement	RSA-2018-3-011
Normative act, quality	BLR-2018-3-005
Notification	LAT-2018-3-008
Offence, elements	IRL-2018-3-005
Official languages, use in federal courts	CAN-2018-3-005
Oral hearing	GEO-2018-3-004
Ordinary courts, preliminary injunction	GER-2018-3-028
Organstreit (dispute between constitutional organs)	GER-2018-3-029
Ownership, religious organisations, exclusion	GEO-2018-3-002
Paid leave, maternity	LTU-2018-3-008
Parental right, limitation	CZE-2018-3-006
Parliament, participation right, government act	GER-2018-3-029
Participation, procedure	CZE-2018-3-006
Party, address	LAT-2018-3-008
Paternity, action to establish	GER-2018-3-024
Paternity, biological father	GER-2018-3-024
Paternity, challenge by the biological father	GER-2018-3-024
Paternity, challenge, time-limit	GER-2018-3-024
Paternity, investigation, limitation period	POR-2018-3-011
Peaceful assembly, prohibition	MNE-2018-3-003
Peaceful assembly, public press statement	TUR-2018-3-008
Pension, entitlement	LAT-2018-3-009
Pension, legitimate expectation	POR-2018-3-010
Pension, survivor	LAT-2018-3-009
Personal data	FIN-2018-3-006
Personal Data Act	FIN-2018-3-006
Personal data file, scope of application	FIN-2018-3-006
Personal data, collection in the course of preaching	FIN-2018-3-006
Personal freedom, detention, power reserved to the legislature to regulate by primary legislation	ITA-2018-3-017
Personal privacy, right	LAT-2018-3-008
Photograph, broadcasting, consent	HUN-2018-3-004
Pluralism, religions, unavoidable consequences	CZE-2018-3-008
Police custody, legality	FRA-2018-3-014, FRA-2018-3-016
Police, limitation on right to strike	BRA-2018-3-011
Political parties, equal participation, right	GER-2018-3-027
Political party, non-democratic	GER-2018-3-027
Political party, programme	GER-2018-3-027
Population, LGBT	MNE-2018-3-003
Preliminary injunction	GER-2018-3-027
Preliminary ruling	FIN-2018-3-006
Prescription period, start	JPN-2018-3-002
Primacy of law, principle	GER-2018-3-029
Prison, detainees, rights	IRL-2018-3-005
Prisoner, re-socialisation, assessment, individual circumstances	ITA-2018-3-016
Prisoner, rights	AUT-2018-3-004
Privacy, invasion	CZE-2018-3-007
Privacy, reasonable expectation	CAN-2018-3-006
Private life, consequence, serious	ECH-2018-3-016
Private life, inner circle	ECH-2018-3-016
Private life, right	BLR-2018-3-007
Private life, suffering, assessment	ECH-2018-3-016
Proceedings, pre-trial	MDA-2018-3-013
Professional secrecy, lawyer, doctor	BEL-2018-3-009
Property, right, restriction	LAT-2018-3-009
Prosecutor, case-file, discretion	MDA-2018-3-013
Psychiatric, care, provision, decision	UKR-2018-3-014
Public broadcasting corporations, contract	JPN-2018-3-002
Public employees, work place, familial situation	TUR-2018-3-007
Public expenditure	GER-2018-3-025
Public figure	LAT-2018-3-008
Public figure, photo-journalism	HUN-2018-3-004
Public health, protection	CZE-2018-3-006
Public meeting, no warning of intervention	TUR-2018-3-008
Public official, salary, calculation	POR-2018-3-010
Public order	GEO-2018-3-003
Public order, disruption	MNE-2018-3-003
Public service, continuity principle	BRA-2018-3-011
Public utility, limitation on strikes	BRA-2018-3-011
Publishing house	GER-2018-3-028
Punishment, cruel and unusual	CAN-2018-3-007
Punishment, disciplinary	BLR-2018-3-004
Rationalisation of laws	RSA-2018-3-013
Re-education, prisoner	ITA-2018-3-016
Referendum, consultative	MKD-2018-3-003
Referendum, legislative	SLO-2018-3-004
Referendum, restriction	SLO-2018-3-004
Refugee	GER-2018-3-029
Refugee, criminal, extradition	RSA-2018-3-011
Refugee, status, application, procedure, termination, prior deportation	RSA-2018-3-016
Refugee, status, determination	RSA-2018-3-016
Refugee, status, non-political crime, serious	RSA-2018-3-011
Regional flag, display, buildings used by state bodies, required under regional legislation	ITA-2018-3-014
Rehabilitation, prisoner, life sentence, certain serious offences	ITA-2018-3-016
Religion, respect	BRA-2018-3-010
Religious practices, headscarf worn at university	TUR-2018-3-009
Remedy, compensation, unreasonable length of proceedings, proceedings still pending	ITA-2018-3-013
Restriction, foreign nationals, ownership, inheritance	GEO-2018-3-005
Retirement, age	MDA-2018-3-011
Retroactivity, laws and other normative acts	BLR-2018-3-005
Review, judicial	BEL-2018-3-009
Revision of judgment, grounds	GEO-2018-3-004
Right of picture	BLR-2018-3-007
Right of reply	GER-2018-3-028
Right to equality	MNE-2018-3-003
Right to hear and be heard	IRL-2018-3-003
Right to one’s own image	BLR-2018-3-007
Right to peaceful protest	MNE-2018-3-003
Right to privacy	FIN-2018-3-006
Right to take part in court proceedings	CZE-2018-3-006
Sanction, disciplinary, judicial control	BLR-2018-3-004
Scientific knowledge	GER-2018-3-026
Scrutiny, strict	GEO-2018-3-001
Search and seizure, computer	CAN-2018-3-006
Search, body	CZE-2018-3-007
Search, officer of same sex	CZE-2018-3-007
Seats, allocation	JPN-2018-3-001
Secondary education	RUS-2018-3-004
Secret surveillance, measure	ECH-2018-3-014
Secularism, headscarf	TUR-2018-3-009
Securities, national regulation	CAN-2018-3-004
Security interest	GER-2018-3-028
Security risk	MNE-2018-3-003
Self-regulation code, secondary legislation	ITA-2018-3-017
Sentence, proportionality	CZE-2018-3-007
Sexual minorities and transgender persons, rights and freedoms, protection and promotion	MNE-2018-3-003
Sincere cooperation, institutions, member states	ECJ-2018-3-011
Social assistance, equal treatment, European citizens and long-term legal residents	ITA-2018-3-015
Social assistance, rental housing, financial assistance fund	ITA-2018-3-015
Social integration	BEL-2018-3-008
Social network	SUI-2018-3-004
Social security	KAZ-2018-3-002
Specific performance, government, constitutional review	GER-2018-3-029
State assistance, childcare	UKR-2018-3-010
State Judicial Council, autonomy	CRO-2018-3-007
State Judicial Council, decision, review	CRO-2018-3-006, CRO-2018-3-008
State Judicial Council, independence	CRO-2018-3-007
State, neutrality, religious	CZE-2018-3-008
Statement, factual	GER-2018-3-028
State-owned property	GEO-2018-3-001
Statutory basis, requirement, principle	GER-2018-3-029
Surcharge, mandatory victim	CAN-2018-3-007
Tax privileges, religious organisations	GEO-2018-3-001
Tolerance, state	CZE-2018-3-008
Transfer of right	RUS-2018-3-006
Treaty, compatibility	BLR-2018-3-003
Treaty, effect in domestic law	BLR-2018-3-003
Treaty, international	BLR-2018-3-003
Unconstitutional state of affairs, legislation, exhortation	CRC-2018-3-003
Vacatio legis	CRO-2018-3-005
Vaccination, poliomyelitis	CZE-2018-3-006
Violence, domestic	MDA-2018-3-011
Vote, relative weight	JPN-2018-3-001
Voting right, disability, mental	MDA-2018-3-008
War veteran, social protection	UKR-2018-3-013
Withdrawal, judge, impartiality	SUI-2018-3-004
Women, special protection	BRA-2018-3-013

Ed. 04.01.2020 15:45:46