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e-Bulletin 2020-1
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”)
September 2020
ARG-2020-1-001 a) Argentina / b) Supreme Court / c) / d) 24.04.2020 / e) CSJ 353/2020/CS1 / f) Fernández de Kirchner, Cristina en carácter de Presidenta del Honorable Senado de la Nación s/ acción declarativa de certeza /
The Judiciary can only review the legislative procedure, its compliance with the requirements for the creation of laws and its accordance with the legal order once the law has been enacted, but not before. Besides, it has not been granted the authority to analyse the constitutionality of regulations, to deliver abstract interpretations, or to issue merely theoretical or consultative rulings.
The... Read more
1.2.1.1
Constitutional Justice - Types of claim - Claim by a public body - Head of State.
1.3.5.9
Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules.
1.5.3
Constitutional Justice - Decisions - Form.
4.5.2
Institutions - Legislative bodies - Powers.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
4.5.2.2
Institutions - Legislative bodies - Powers - Powers of enquiry.
4.5.2.3
Institutions - Legislative bodies - Powers - Delegation to another legislative body.
4.5.6
Institutions - Legislative bodies - Law-making procedure.
COVID-19 / Parliament, virtual sessions.
AUT-2020-1-001 a) Austria / b) Constitutional Court / c) / d) 10.03.2020 / e) G 228-233/2019-12 / f) /
The public holiday on Good Friday was abolished in Austria. Good Friday had formerly been a paid public holiday for members of certain churches. These churches have no right to maintain a specific public holiday. Although the specific selection of public holidays may initially have had religious reasons, holidays today mainly pursue goals of personal rest and relaxation. Therefore, the abolition... 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.
Secularism, religious holidays.
AZE-2020-1-001 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 08.01.2020 / e) / f) Interpretation of Article 142 of the Criminal Procedure Code /
Res judicata provides an exemption from the need to prove the circumstances of a case where they were the subject of proof in, and had been established by, a prior court decision. The effect of such an enforceable court decision is limited to those persons against whom the decision was made.
From the standpoint of the requirements of Articles 60.I; 63 and 127.VIII of the Constitution, the... Read more
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
Res judicata, scope / Res judicata, intra-sectoral / Res judicata, intersectoral.
AZE-2020-1-002 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 21.01.2020 / e) / f) On verification of Conformity of the Decision of the Administrative-Economic Chamber of the Supreme Court, 10 July 2018, with the Constitution and laws upon appeal of Ms. Eyubova /
The right to social security, which is a fundamental social and economic right, is enshrined in Article 38 of the Constitution. According to Article 38.I of the Constitution, everyone has the right to social security. According to Article 28.III of the Constitution, the right to social security also includes the right to receive a pension in specific instances and within the limits established by... Read more
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Protection, judicial / Social security.
BIH-2020-1-001 a) Bosnia and Herzegovina / b) Constitutional Court / c) Chamber / d) 22.02.2020 / e) AP 1217/20 / f) /
The Constitutional Court must consider the balance between the needs and protection of society as a whole and the rights of individuals.
To be proportional, measures that significantly interfere with the human rights guaranteed under the Constitution and the European Convention on Human Rights must have a basis, be strictly limited in time, include an obligation to regularly review the measures... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.9
General Principles - Rule of law.
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.22
General Principles - Prohibition of arbitrariness.
4.18
Institutions - State of emergency and emergency powers.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.1.4.3
Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Circumstance, exceptional / COVID-19 / Person, elderly / Children, special needs, mental and physical condition / Protection of the existent health system.
BRA-2020-1-001 a) Brazil / b) Supreme Court / c) Full Court / d) 15.08.2018 / e) Extraordinary Appeal 670422 (RE 670422) / f) Alteration of the civil birth certificate of transgender persons /
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
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.
Birth, registration / Gender reassignment, legal conditions / Gender, change, recognition.
BRA-2020-1-002 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 28.11.2019 / e) Extraordinary Appeal 1055941 (RE 1055941) / f) Tax and banking information shared without previous judicial authorisation /
Reports from the Financial Intelligence Unit (hereinafter, "UIF", in the Portuguese acronym) and the Federal Revenue Service (hereinafter, "RFB", in the Portuguese acronym) inspection process may be shared with criminal prosecution bodies for the purpose of criminal proceedings, without prior judicial authorisation; this is in line with the Constitution. The confidentiality of the information... Read more
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.42
Fundamental Rights - Civil and political rights - Rights in respect of taxation.
Bank account, tax inspection, disclosure / Banking secrecy, lifting, fraud, evidence / Confidentiality, proceedings, definition, requirement.
BRA-2020-1-003 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 04.03.2020 / e) Extraordinary Appeal 1096029 (RE 1096029) / f) New elections are needed if the elected candidate has his candidacy registration rejected /
A candidate who attains second place in majority elections cannot take office if the candidate who wins the first place has the registration of their candidacy rejected by judicial decision. Fresh elections will be necessary.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.9
Institutions - Elections and instruments of direct democracy.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
5.3.41.5
Fundamental Rights - Civil and political rights - Electoral rights - Direct / indirect ballot.
Election, invalidity.
BRA-2020-1-004 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 15.04.2020 / e) Referral of provisional remedy in Direct Action of Unconstitutionality 6341 (ADI 6341) / f) Competences of the federal entities to fight coronavirus /
The head of the federal executive branch has power to issue decrees establishing which public services and activities are considered essential. This does not encroach on the powers the federal entities share to legislate on health matters, provided the decree safeguards the autonomy of the states, the municipalities, and the Federal District.
3.6.3
General Principles - Structure of the State - Federal State.
4.4.3
Institutions - Head of State - Powers.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
Health protection, system / Legislative competence, shared, limits / Decree, presidential, validity.
BRA-2020-1-005 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 17.04.2020 / e) Referral of the provisional remedy in the Direct Action of Unconstitutionality 6363 (ADI 6363 Ref-MC) / f) Labour measures to preserve jobs and income in the face of public calamity /
A rule by the executive branch authorising the reduction of working hours and salary or the temporary suspension of employment contracts by individual agreement due to the new coronavirus pandemic, regardless of union consent, is constitutional.
1.2.2.5
Constitutional Justice - Types of claim - Claim by a private body or individual - Trade unions.
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
4.18
Institutions - State of emergency and emergency powers.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.11
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Economic and financial crisis, policy, measure / Economy, state intervention / Emergency legislation, approval / Labour rights, restrictions, requirements / Salary, reduction, compensation.
BRA-2020-1-006 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 29.04.2020 / e) Referral of the provisional remedy in the Direct Action of Unconstitutionality 6342 (ADI 6342 Ref-MC) / f) Competences of the federal entities to fight coronavirus /
A provisional presidential decree that relaxes labour rights during the public health emergency caused by the new corona virus is constitutional.
3.25
General Principles - Market economy.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Enterprise, small and medium-sized / Employment, preservation, pandemic.
BRA-2020-1-007 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 30.04.2020 / e) Referral of the provisional remedy in the Direct Action of Unconstitutionality 6351 (ADI 6351 Ref-MC) / f) Restrictive measures imposed on access to information law during the new coronavirus pandemic /
Changes to the law governing requests for access to information during the pandemic were in line with the Constitution.
3.3
General Principles - Democracy.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.25
Fundamental Rights - Civil and political rights - Right to administrative transparency.
Information, access, limit / Information, access, denial / Information, access, reasonable / Information, disclosure / Information, duty to provide / Information, reasonable access.
BRA-2020-1-008 a) Brazil / b) Supreme Court / c) Full Court / d) 05.08.2020 / e) ADPF 709 Ref-MC / f) Protection of indigenous people against Covid-19 /
The Constitution grants professional associations the right to file claims directly before the Federal Supreme Court. The definition of professional associations shall be understood as a group of people who perform the same economic and professional activity, or also, who are members of associations that advocate for the interests of vulnerable and/or minority groups. The latter must be included... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Indigenous people, protection, COVID-19.
CAN-2020-1-001 a) Canada / b) Supreme Court / c) / d) 20.03.2020 / e) 38532 / f) R. v. K.G.K. /
Under Section 11.b of the Canadian Charter of Rights and Freedoms, "[a]ny person charged with an offence has the right to be tried within a reasonable time". Although the right to be tried within a reasonable time enshrined in Section 11.b extends beyond the end of the evidence and argument at trial and encompasses verdict deliberation time, the presumptive ceilings established by the Court in... Read more
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
Charter of rights and freedoms, right to be tried within reasonable time / Verdict, deliberation time.
CHI-2020-1-001 a) Chile / b) Constitutional Court / c) / d) 14.11.2019 / e) 6597-19 / f) /
A prohibition for ophthalmologists and optometrists to attend at optical shops is a breach the right to equality.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.25
General Principles - Market economy.
5.2
Fundamental Rights - Equality.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Prohibition, optical shop, optometrist, ophthalmologist, shop attendance / Conflict of interest, healthcare, economic activity, sale of goods.
CHI-2020-1-002 a) Chile / b) Constitutional Court / c) / d) 12.03.2020 / e) 7626-19 / f) /
A two-year ban on contracting with the State as a consequence of a conviction for a breach of fundamental rights of workers and anti-union activities is unconstitutional.
5.2
Fundamental Rights - Equality.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.11
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
Worker’s rights, union, anti-union activities, breach, employer / Equality, proportionality, due process, breach.
CHI-2020-1-003 a) Chile / b) Constitutional Court / c) / d) 16.04.2020 / e) 8574-20 / f) /
The Constitutional Court held that making a differentiation based on the criminal offence of a convict, for the purposes of receiving a pardon, is not unconstitutional.
5.1.1
Fundamental Rights - General questions - Entitlement to rights.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.2
Fundamental Rights - Equality.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Pardon, power to grant, acting President / Pardon, restriction.
ECH-2020-1-001 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 14.01.2020 / e) 41288/15 / f) Beizaras and Levickas v. Lithuania /
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
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.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Sexual orientation, incitement to hatred and violence, national authorities, duty to investigate / Discrimination, sexual orientation by national authorities / Family tradition, values, social acceptance of homosexuality.
ECH-2020-1-002 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 20.01.2020 / e) 201/17 / f) Magyar Kétfarkú Kutya Párt v. Hungary [GC] /
3.10
General Principles - Certainty of the law.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Election, referendum, voters, forum, mobile, application, share opinions and convey political message / Law, lack of clarity, vagueness.
ECH-2020-1-003 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 30.01.2020 / e) 50001/12 / f) Breyer v. Germany /
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Personal data, storage, access / Personal data, storage, prepaid mobile phone SIM-card / Personal data, storage, crime prevention.
ECH-2020-1-004 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 11.02.2020 / e) 56867/15 / f) Buturuga v. Romania /
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
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.
Cyberbullying, violence against women and girls / Cyber violation of privacy, domestic violence / Cybersurveillance, domestic violence, partner.
ECH-2020-1-005 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 11.02.2020 / e) 526/18 / f) Platini v. Switzerland (dec.) /
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Sport, professional, suspension, disciplinary.
ECH-2020-1-006 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 13.02.2020 / e) 8675/15 and 8697/15 / f) N.D. and N.T. v. Spain /
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Migrant, asylum-seeker, refusal of admission / Migrants, asylum-seekers, expulsion / Migrants, asylum-seekers, land border, immediate and forceable return / Prohibition of refoulement, status of refugees / Conduct, person crossing border, unauthorised manner, en masse using force.
ECH-2020-1-007 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 13.02.2020 / e) 25137/16 / f) Sanofi Pasteur v. France /
3.10
General Principles - Certainty of the law.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
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.
Individual interest, conflict, margin of appreciation / Damages, claims, limitation period / Vaccination, resulting illness / Physical injury, compensation, date of stabilisation of illness.
ECH-2020-1-008 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 10.03.2020 / e) 24816/14 and 25140/14 / f) Hudorovic and Others v. Slovenia /
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
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.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Water, safe to drink, access, adequate / Sanitation, access, adequate.
CRO-2020-1-001 a) Croatia / b) Constitutional Court / c) / d) 29.01.2020 / e) U-I-144/2020
CZE-2020-1-001 a) Czech Republic / b) Constitutional Court / c) Plenum / d) 11.02.2020 / e) Pl. ÚS 4/17 / f) Act on the Conflict of Interests (Lex BabiŠ) / CZE-2020-1-002 a) Czech Republic / b) Constitutional Court / c) Second Panel / d) 02.04.2020 / e) II. ÚS 2299/19 / f) Diplomatic guarantees to minimise the risk of torture or any other ill-treatment when extraditing to the People’s Republic of China /
ECJ-2020-1-001 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 21.01.2020 / e) C-274/14 / f) Banco de Santander / ECJ-2020-1-002 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 31.01.2020 / e) C-457/18 / f) Slovenia v. Croatia / ECJ-2020-1-003 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 04.02.2020 / e) Joint cases C-515/17 P and C-561/17 P / f) University of Wroclaw and Poland c. Research Executive Agency / ECJ-2020-1-004 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 03.03.2020 / e) C-717/18 / f) X / ECJ-2020-1-005 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 26.03.2020 / e) Joint cases C-542/18 RX-II and C-543/18 RX-II / f) Réexamen Simpson/Council and HG/Commission / ECJ-2020-1-006 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 26.03.2020 / e) Joint cases C-558/18 and C-563/18 / f) Miasto Lowicz and Prokurator Generalny / ECJ-2020-1-007 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 02.04.2020 / e) C-897/19/ f) Ruska Federacija PPU / f) / ECJ-2020-1-008 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 23.04.2020 / e) C-507/18 / f) Associazione Avvocatura per i diritti LGBTI /
FRA-2020-1-001 a) France / b) Constitutional Council / c) / d) 31.01.2020 / e) 2019-823 QPC / f) Prohibition of the production, storage and movement of certain plant protection products / FRA-2020-1-002 a) France / b) Constitutional Council / c) / d) 07.02.2020 / e) 2019-826 QPC / f) Mr Justin A. (placement for the purpose of adoption of a child given birth to anonymously) / FRA-2020-1-003 a) France / b) Constitutional Council / c) / d) 28.02.2020 / e) 2019-827 QPC / f) Mr Gérard F. (Conditions governing the admissibility of a request for the judicial rehabilitation of a person who has been sentenced to death) / FRA-2020-1-004 a) France / b) Constitutional Council / c) / d) 28.02.2020 / e) 2019-828/829 QPC / f) Mr Raphaël S. and another (Deposition not under oath by the spouse of the accused person) / FRA-2020-1-005 a) France / b) Constitutional Council / c) / d) 03.04.2020 / e) 2020-834 QPC / f) Union nationale des étudiants de France (National Union of Students of France) (Communicability and public disclosure of the algorithms employed by higher education establishments when examining applications to study at undergraduate level) /
GER-2020-1-001 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 10.01.2020 / e) 1 BvR 4/17 / f) Act on collective agreements / GER-2020-1-002 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 14.01.2020 / e) 2 BvR 1333/17 / f) Ban on wearing a headscarf III (legal trainees) / GER-2020-1-003 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 30.01.2020 / e) 2 BvR 1005/18 / f) Guide dog ban / GER-2020-1-004 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 13.02.2020 / e) 2 BvR 739/17 / f) Unified Patent Court / GER-2020-1-005 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 26.02.2020 / e) 2 BvR 2347/15, 2 BvR 651, 1261, 1593, 2354, 2527/16 / f) Assisted suicide services / GER-2020-1-006 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 10.03.2020 / e) 1 BvQ 15/20 / f) Rent cap / GER-2020-1-007 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 07.04.2020 / e) 1 BvR 755/20 / f) Measures against the spread of coronavirus / GER-2020-1-008 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 05.05.2020 / e) 2 BvR 859/15, 2 BvR 1651/15, 2 BvR 2006/15, 2 BvR 980/16 / f) Expanded Asset Purchase Programme of the European Central Bank /
ITA-2020-1-001 a) Italy / b) Constitutional Court / c) / d) 23.10.2019 / e) 221/2019 / f) / ITA-2020-1-002 a) Italy / b) Constitutional Court / c) / d) 15.11.2019 / e) 237/2019 / f) / ITA-2020-1-003 a) Italy / b) Constitutional Court / c) / d) 22.11.2019 / e) 242/2019 / f) / ITA-2020-1-004 a) Italy / b) Constitutional Court / c) / d) 04.12.2019 / e) 253/2019 / f) / ITA-2020-1-005 a) Italy / b) Constitutional Court / c) / d) 05.12.2019 / e) 254/2019 / f) / ITA-2020-1-006 a) Italy / b) Constitutional Court / c) / d) 14.02.2020 / e) 18/2020 / f) /
KAZ-2020-1-001 a) Kazakhstan / b) Constitutional Council / c) / d) 21.01.2020 / e) 1 / f) /
KOR-2020-1-001 a) Korea / b) Constitutional Court / c) / d) 28.02.2019 / e) 2015Hun-Ma1204 / f) Denying Visitation Rights to a Person Who Desires to Become a Defense Counsel / KOR-2020-1-002 a) Korea / b) Constitutional Court / c) / d) 11.04.2019 / e) 2017Hun-Ma820 / f) Applying Provision That Bans Unfair Layoff under Labour Standards Act to Small-Scale Workplaces / KOR-2020-1-003 a) Korea / b) Constitutional Court / c) / d) 27.12.2019 / e) 2016Hun-Ba96 / f) Penalising Profanation of National Flag /
KOS-2020-1-001 a) Kosovo / b) Constitutional Court / c) / d) 06.04.2020 / e) KO 54/20 / f) President - Constitutional review of Decision no. 01/15 of the Government, 23 March 2020 /
LIE-2020-1-001 a) Liechtenstein / b) Constitutional Court / c) / d) 29.10.2019 / e) StGH 2019/038 / f) /
LTU-2020-1-001 a) Lithuania / b) Constitutional Court / c) / d) 16.05.2019 / e) KT14-N6/2019 / f) An ad hoc investigation commission of the Parliament (Seimas) for investigating the management of the Lithuanian National Radio and Television and its financial and economic activities / LTU-2020-1-002 a) Lithuania / b) Constitutional Court / c) / d) 07.06.2019 / e) KT17-N8/2019 / f) Distributing state budget appropriations to political parties / LTU-2020-1-003 a) Lithuania / b) Constitutional Court / c) / d) 08.11.2019 / e) KT44-N13/2019 / f) Condition of permanent residence in Lithuania for the payment of child maintenance benefits / LTU-2020-1-004 a) Lithuania / b) Constitutional Court / c) / d) 09.03.2020 / e) KT41-N4/2020 / f) Immunity of judges /
MEX-2020-1-001 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 18.10.2017 / e) SUP-REP-142-2017 / f) / MEX-2020-1-002 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 25.10.2017 / e) SUP-JDC-894-2017 / f) / MEX-2020-1-003 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 07.11.2017 / e) SUP-RAP-643-2017 / f) / MEX-2020-1-004 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 24.11.2017 / e) SUP-RAP-686-2017 / f) / MEX-2020-1-005 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 20.12.2017 / e) SUP-RAP-759-2017 / f) / MEX-2020-1-006 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 20.12.2017 / e) SUP-REP-159-2017 / f) / MEX-2020-1-007 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 20.12.2017 / e) SUP-REC-1334-2017 / f) / MEX-2020-1-008 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 17.01.2018 / e) SUP-JDC-1209-2017 / f) / MEX-2020-1-009 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 10.02.2018 / e) SUP-JRC-38-2018 / f) / MEX-2020-1-010 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 14.02.2018 / e) SUP-JRC-4-2018 / f) / MEX-2020-1-011 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 14.02.2018 / e) SUP-REC-1438-2017 / f) / MEX-2020-1-013 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 09.03.2018 / e) SUP-REP-21-2018 / f) /
NED-2020-1-001 a) The Netherlands / b) Supreme Court / c) Criminal chamber / d) 21.04.2020 / e) 19/04910 CW / f) /
NOR-2020-1-001 a) Norway / b) Supreme Court / c) Division / d) 12.12.2019 / e) HR-2019-2344-A / f) / NOR-2020-1-002 a) Norway / b) Supreme Court / c) Division / d) 27.02.2020 / e) HR-2019-1745-A / f) / NOR-2020-1-003 a) Norway / b) Supreme Court / c) Division / d) 27.03.2020 / e) HR-2020-661-S / f) / NOR-2020-1-004 a) Norway / b) Supreme Court / c) Division / d) 27.03.2020 / e) HR-2020-662-S / f) / NOR-2020-1-005 a) Norway / b) Supreme Court / c) Division / d) 27.03.2020 / e) HR-2020-663-S / f) / NOR-2020-1-006 a) Norway / b) Supreme Court / c) Division / d) 08.05.2020 / e) HR-2020-972-A / f) /
MKD-2020-1-001 a) Republic of North Macedonia / b) Constitutional Court / c) / d) 15.01.2020 / e) U.br.72/2019 / f) /
RUS-2020-1-001 a) Russia / b) Constitutional Court / c) / d) 13.01.2020 / e) 1 / f) / RUS-2020-1-002 a) Russia / b) Constitutional Court / c) / d) 21.01.2020 / e) 3 / f) / RUS-2020-1-003 a) Russia / b) Constitutional Court / c) / d) 14.04.2020 / e) 17 / f) /
SRB-2020-1-001 a) Serbia / b) Constitutional Court / c) / d) 28.11.2019 / e) Už-5069/2014 / f) /
SLO-2020-1-001 a) Slovenia / b) Constitutional Court / c) / d) 04.07.2020 / e) U-I-152/17 (UAVs) / f) / SLO-2020-1-002 a) Slovenia / b) Constitutional Court / c) / d) 04.07.2020 / e) U-I-152/17 (ANPR) / f) /
SUI-2020-1-001 a) Suisse / b) Federal Court / c) Second Public Law Chamber / d) 14.02.2019 / e) 2C_373/2017 / f) A. v. Migration Office and Safety Directorate, Canton of Zurich / SUI-2020-1-002 a) Suisse / b) Federal Court / c) First Public Law Chamber / d) 10.04.2019 / e) 2C_373/2017 / f) Béglé v. Vaud cantonal government / SUI-2020-1-003 a) Suisse / b) Federal Court / c) First Public Law Chamber / d) 20.05.2019 / e) 1B_146/2019 / f) A. v. Prison Service of the canton of Vaud and Lausanne District Public Prosecutor’s Office /
SWE-2020-1-001 a) Sweden / b) Supreme Administrative Court / c) / d) 03.03.2020 / e) 3456-18, 3457-18 / f) / SWE-2020-1-002 a) Sweden / b) Supreme Administrative Court / c) / d) 04.03.2020 / e) 3536-19 / f) / SWE-2020-1-003 a) Sweden / b) Supreme Administrative Court / c) / d) 07.04.2020 / e) 6965–6970-18 / f) / SWE-2020-1-004 a) Sweden / b) Supreme Administrative Court / c) / d) 07.04.2020 / e) 3575–3581-19 / f) /
UKR-2020-1-001 a) Ukraine / b) Constitutional Court / c) First Senate / d) 22.01.2020 / e) 1-r(I)/2020 / f) Conformity of the provisions of the second sentence of Article 42.4 of the Law "On the Constitutional Court" to the Constitution (constitutionality) / UKR-2020-1-002 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 23.01.2020 / e) 1-r/2020 / f) Conformity of specific provisions of Section I, paragraph 2 of Section III "Final provisions" of the Law "On Amendments to Some Legislative Acts on Pension Provision" no. 213?VIII, 2 March 2015 to the Constitution (constitutionality) / UKR-2020-1-003 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 18.02.2020 / e) 2-r/2020 / f) Compliance of specific provisions of paragraphs 4, 7, 8, 9, 11, 13, 14, 17, 20, 22, 23, 25 of Section XII "Final and Transitional Provisions" of the Law "On the Judiciary and Status of Judges", 2 June 2016 no. 1402–VIII with the Constitution (constitutionality) / UKR-2020-1-004 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 27.02.2020 / e) 3-r/2020 / f) Compliance of the specific provision of Section VI.26 "Final and Transitional Provisions" of the Budget Code with the Constitution (constitutionality) / UKR-2020-1-005 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 11.03.2020 / e) 4-r/2020 / f) Conformity of the separate provisions of the Laws "On the Judiciary and Status of Judges" of June 2, 2016 no. 1402 – VIII, "On Amendments to the Law "On the Judiciary and Status of Judges" and of Some Laws on the Activity of Judicial Governance Bodies" of October 16, 2019 no. 193 – IX, "On the High Council of Justice" of December 21, 2016 no. 1798 – VIII / UKR-2020-1-006 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 15.04.2020 / e) 2-r(II)/2020 / f) Conformity of the provision of paragraph 28.1 of Section II of the Law "On Prevention of Financial Catastrophe and Creation of Prerequisites for Economic Growth in Ukraine" with the Constitution (constitutionality) /
Ed. 11.09.2020 12:28:26
The omission of a certain group from certain provisions of the Foster Care Act (hereinafter, the "FCA") had a discriminatory impact on persons of same-sex orientation living in formal and informal life partnerships.
Intervention by the Constitutional Court in the current content of the Act would not resolve this problem. The Foster Care Act overall pursues a legitimate aim, namely the protection... Read more
3.16
General Principles - Proportionality.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.2.2.12
Fundamental Rights - Equality - Criteria of distinction - Civil status.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
Foster care, providers, same sex life partners / Positive obligation, social welfare, children.
In a democratic state governed by the rule of law, elections represent a properly conducted contest for trust and a mandate from voters, rather than for control of the State for the purpose of the use or abuse of its capacities and resources by the victors. The State is not an enterprise and the public service is remunerated. The performance of public office is not an enterprise either.
It is... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.18
General Principles - General interest.
4.6.4.4
Institutions - Executive bodies - Composition - Status of members of executive bodies.
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
4.9.15
Institutions - Elections and instruments of direct democracy - Post-electoral procedures.
Public office, private interests, incompatibility.
If a foreign national under the threat of extradition can demonstrate serious grounds for their belief that they are in danger of being ill-treated, the public authority charged with making the decision on forced return must dispel any doubts as to whether the person concerned does face a real danger of ill-treatment in the country to which they are to be returned. If the public authority... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.9
General Principles - Rule of law.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Extradition, safeguard / Extradition, receiving state, information / Extradition, assurance by receiving state.
A request for a preliminary ruling made by the Tribunal Económico-Administrativo Central (Central Tax Tribunal, Spain) (hereinafter, the "referring body"), was inadmissible because that body did not satisfy the criterion of the independence required in order to be categorised as a ‘court or tribunal’ for the purposes of Article 267 TFEU.
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
4.7.4.1.6
Institutions - Judicial bodies - Organisation - Members - Status.
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.
5.3.13.14
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.
European Union, Court of Justice, submission procedure, preliminary ruling / Preliminary ruling, national courts / Judge, independence, autonomy, impartiality.
A Member State failed to fulfil its obligations under EU law, by not having complied with obligations stemming for the latter Member State from an arbitration agreement concluded with another Member State that was intended to resolve the border dispute between those two States and from an arbitration award defining the sea and land borders between the two States. Any obligation arising for each... Read more
2.1.1.4.10
Sources - Categories - Written rules - International instruments - Vienna Convention on the Law of Treaties of 1969.
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.
European Union, Court of Justice, competence / Court, competence / Border, national, definition / International law, general principles, effects in national law / Arbitration, court, decision, enforcement.
The objective of the task of representation by a lawyer (referred to in Article 19 of the Statute of the Court of Justice of the European Union) is, above all, to protect and defend the principal’s interests to the greatest possible extent, acting in full independence and in line with the law and professional rules and codes of conduct. The concept of the independence of lawyers (in the specific... Read more
4.7.15.1.4
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Status of members of the Bar.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.27
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
Remedy, effective / Legal representative, attorney / Lawyer, independence.
Article 2.2 of the Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1)) (hereinafter, the "Framework Decision") requires that, in order to ascertain whether the offence for which a European arrest warrant has been issued is punishable in the issuing Member State by a custodial sentence or a... Read more
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.
European Arrest Warrant, surrender procedures between Member States / Judicial authority, intervention, necessity / Double jeopardy.
Decisions handed down by the General Court of the European Union on appeal against decisions of the Civil Service Tribunal may, following a proposal by the First Advocate General, exceptionally be subject to review by the Court of Justice where there is a serious risk of the unity or consistency of EU law being affected. The review procedure is provided for in Article 256.2 TFEU and in Article 62... Read more
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
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.
Judge, appointment / Judge, dismissal.
The preliminary ruling sought must be ‘necessary’ to enable the referring court ‘to give judgment’. As interpreted by the case-law of the Court of Justice of the European Union, a national court or tribunal is not empowered to bring a matter before the Court by way of a request for a preliminary ruling unless a case is pending before it in which it is called upon to give a decision which is... Read more
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
European Union, Court of Justice / Court, jurisdiction / Border, national, definition / International law, general principles, effects in national law / Arbitration, court, decision, enforcement.
Concerning the obligations of a Member State which is called upon to rule on an extradition request made by a third State concerning a national of a State that is not a member of the European Union but which is a member of the European Free Trade Association (hereinafter, "EFTA") and a party to the Agreement on the European Economic Area (hereinafter, "EEA"). The Court held that the requested... Read more
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Extradition, proceedings / Extradition, guarantees / Extradition, assurance by receiving state / European Economic Area, Agreement.
Statements made by a person during an audio-visual programme, according to which that person would never recruit persons of a certain sexual orientation to that person’s undertaking or wish to use the services of such persons, fall within the material scope of Directive 2000/78 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) (hereinafter,... Read more
3.13
General Principles - Legality.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Discrimination, sexual orientation / Employment, working conditions / Employment, discrimination.
The provisions prohibiting the production, storage and movement in France of plant protection products containing active ingredients (herbicides, fungicides, insecticides or acaricides) that have not been approved by the European Union owing to their effects on human health, animal health or the environment are upheld as constitutional.
Specifically, the restriction imposed by the impugned... Read more
3.16
General Principles - Proportionality.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Freedom to trade, restriction / Freedom of enterprise, restriction / Environment, right to the protection of a healthy environment.
The provisions according to which a child who has not been recognised by its parents may only be placed for the purpose of adoption upon expiry of a time limit of two months after being taken into care and that prevent any declaration of parentage or any recognition after placement for the purpose of adoption are constitutional. They do not violate the requirement of protecting the best interests... Read more
3.17
General Principles - Weighing of interests.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Adoption, consent, natural father / Adoption, child, best interests / Adoption, right, discrimination.
The provisions concerning the five-year probationary period which is applicable to the submission of an application for the judicial rehabilitation of a person who has been convicted of a criminal offence do not violate the principle of equality before the law and before the courts or the principle that punishment must be proportionate. They are therefore constitutional. However, the... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
Rehabilitation, judicial, convicted person, reclassification.
The provisions of the Code of Criminal Procedure governing the conduct of depositions by witnesses before the Assize Court, which limit the exemption from the obligation to swear an oath to the husband or wife of the accused person, are unconstitutional.
The Constitutional Council considers that cohabitees or persons who have entered into a "civil partnership" are no less exposed than spouses to... Read more
4.7.2
Institutions - Judicial bodies - Procedure.
4.7.8.2
Institutions - Judicial bodies - Ordinary courts - Criminal courts.
5.2.2.12
Fundamental Rights - Equality - Criteria of distinction - Civil status.
Witness testimony, preliminary procedure, submission of evidence at trial / Criminal procedure, witness testimony.
The provisions of the Code of Education that prevent both candidates and third parties from accessing the algorithms that may be used in order to select candidates for entry to initial undergraduate education at a public higher education establishment, as adopted on the IT platform known as "Parcoursup", are constitutional. In enacting this legislation, the legislature ensured the independence... Read more
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.25.1
Fundamental Rights - Civil and political rights - Right to administrative transparency - Right of access to administrative documents.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Administration, information, access, reasonable / Education, higher, access / Document, administrative, access, right / Education, higher, access, condition.
While the legislator may allow for collective agreements to be declared generally binding beyond the parties by the government, no such right can be derived from the constitutional guarantee of freedom of labour coalitions under the Basic Law.
5.4.11
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
Collective agreement, generally binding / Collective bargaining, right.
1. When performing duties where they are or could be perceived as representatives of the state, legal trainees have been obligated [by the Land Hesse] not to allow their affiliation with a religious community to become visible through observing a religious dress code. This obligation interferes with the freedom of faith of the individual guaranteed in Article 4.1 and 4.2 of the Basic... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
3.17
General Principles - Weighing of interests.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
Freedom of training / Legal trainee, wearing a headscarf / Religion, clothing, restriction / Religion, freedom, negative / Religion, freedom, positive / Religion, headscarf, symbol / Religion and ideology, neutrality of the state.
1. When interpreting the relevant provisions of the General Act on Equal Treatment, the scope of the right to equality and the fact that it permeates into private law must be considered. The Higher Regional Court did not do this to the required degree, as it did not find that the seemingly neutral ban on taking dogs into a clinic places the applicant at least at an indirect disadvantage.
2. The... Read more
3.17
General Principles - Weighing of interests.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
Disability, assistance, guide dogs / Personal mobility.
1.
3.1
General Principles - Sovereignty.
3.3.1
General Principles - Democracy - Representative democracy.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
4.5.6.3
Institutions - Legislative bodies - Law-making procedure - Majority required.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
5.5.4
Fundamental Rights - Collective rights - Right to self-determination.
Sovereign powers, conferral, review / International treaty, act of approval.
1.a. As an expression of personal autonomy, the general right of personality (Article 2.1 in conjunction with Article 1.1 of the Basic Law) encompasses a right to a self-determined death.
b. The right to a self-determined death includes the freedom to take one’s own life. Where an individual decides to end their own life, having reached this decision based on how they personally define quality... Read more
3.17
General Principles - Weighing of interests.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.43
Fundamental Rights - Civil and political rights - Right to self fulfilment.
Death, self-determined, right / Personality, general right / Personal autonomy / Suicide, assistance, criminal offence / Suicide, assisted, service.
1. It is not sufficiently evident that the disadvantages suffered by landlords, if the challenged provisions provisionally continue to be applicable, outweigh the disadvantages to the effectiveness of the Act as a whole in which they are set out that would result from provisionally suspending the authorisation to impose administrative fines.
2. The Act incorporates criteria with which landlords... Read more
3.10
General Principles - Certainty of the law.
3.17
General Principles - Weighing of interests.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Fine, administrative / Fine, administrative sanction / Preliminary injunction / Rent, pricing, regulation.
1. Lodging a constitutional complaint or an application for a preliminary injunction does not violate the principle of subsidiarity where first seeking legal protection before the ordinary courts has no prospect of success, as the courts have already refused to grant preliminary injunctions in other proceedings.
2. A valid legal provision can, in the course of preliminary injunction proceedings,... Read more
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
3.17
General Principles - Weighing of interests.
COVID-19 / Legal provisions, suspension.
1. Where an ultra vires review or an identity review raises questions regarding the validity or the interpretation of a measure taken by institutions, bodies, offices and agencies of the European Union, the Federal Constitutional Court, in principle, bases its review on the understanding and the assessment of such a measure as put forward by the Court of Justice of the European Union... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
3.1
General Principles - Sovereignty.
3.3.1
General Principles - Democracy - Representative democracy.
3.16
General Principles - Proportionality.
3.26
General Principles - Fundamental principles of the Internal Market.
4.7.6
Institutions - Judicial bodies - Relations with bodies of international jurisdiction.
4.10
Institutions - Public finances.
4.17.1.5
Institutions - European Union - Institutional structure - Court of Justice of the European Union.
4.17.1.6
Institutions - European Union - Institutional structure - European Central Bank.
4.17.2
Institutions - European Union - Distribution of powers between the EU and member states.
4.17.3
Institutions - European Union - Distribution of powers between institutions of the EU.
Assets, financial, purchase / Constitution, identity / Conferral, principle of / European Central Bank, mandate / European integration, agenda / European Union, Court of Justice, democratic legitimation / European Union, Court of Justice, judicial mandate / European Union act, ultra vires, review / Government bonds, purchase / Competences, exceeding / Integration, responsibility / Monetary financing, prohibition / Monetary policy / Risk sharing, Eurosystem.
Allowing homosexual couples to access medically assisted procreation (hereinafter, "MAP") techniques, would require the direct repudiation of both the guiding ideas that underlie the system outlined by the legislator in 2004, i.e. the understanding of MAP as a "therapeutic" remedy for human sterility or infertility that is caused by a pathology and is not curable by other means, and the will to... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
3.20
General Principles - Reasonableness.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Homosexual, couple / Medically assisted procreation.
A child’s parentage following the recourse to medically assisted procreation (MAP) techniques, is also related to the "consent" provided, and the "responsibility" jointly taken on, by the two people who decided to access that reproductive technique. However, this is always subject to the prerequisite that the prospective parents constitute an "opposite sex" couple. At present, Italian law does... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.12
General Principles - Clarity and precision of legal provisions.
3.19
General Principles - Margin of appreciation.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Homosexual, couple / Medically assisted procreation / Birth certificate to a foreign national issued by a Civil registry official.
Article 580 of the Criminal Code is unconstitutional, insofar as it does not exclude punishment for those who facilitate the fulfilment of the independently and freely formed intent to commit suicide by a person fully capable of making free and informed decisions kept alive by life-support treatments and suffering from an incurable illness which is a source of physical or psychological suffering... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
3.20
General Principles - Reasonableness.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Suicide, assisted.
It is not unreasonable to presume that convicted persons who do not cooperate will maintain links with the criminal organisation to which they originally belonged, provided that this presumption is envisaged as rebuttable and not absolute.
A regime based on an absolute presumption of current links with organised crime falls foul of Article 3 of the Constitution (equality) and Article 27.3 of the... Read more
3.20
General Principles - Reasonableness.
3.21
General Principles - Equality.
5.2
Fundamental Rights - Equality.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Life sentence, crimes related to criminal organisations / Release, short, bonus periods.
In regulating places of worship, as part of the law on land management, the regions are permitted to pursue ends that are exclusively related to urban planning, as a part of which they must also give the required, specific consideration to the allocation needs of religious facilities. Moreover, due to the special constitutional status of freedom of worship, these urban planning/building... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
4.8
Institutions - Federalism, regionalism and local self-government.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Urban planning / Facility, religious.
The limit of ten years of age provided for under the provisions on special house arrest laid down in Article 47-quinquies of the Provisions regulating the prison system is unconstitutional insofar as it does not apply to incarcerated mothers with severely disabled children of any age. An alternative measure to detention, such as that provided for under the contested provision – the... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.17
General Principles - Weighing of interests.
3.20
General Principles - Reasonableness.
5.1.1.4.2
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Mother, imprisoned / Child, disabled.
The Constitutional Council found a provision of the law on housing relations to be unconstitutional.
The Constitutional Council believes that, in general, the possibility of evicting persons from state-rented housing is one of the ways to prevent the unreasonable use of state housing guarantees by tenants.
However, such a decision should not be made based on the fact of acquiring ownership of... Read more
5.4.13
Fundamental Rights - Economic, social and cultural rights - Right to housing.
Social state / Limitation of right, justification / Judicial protection / Housing, deprivation.
Both, the suspect or accused and the (prospective) defence council are right holders under the scope of the right to visitation and communication. The visitation and communication right is protected as a basic right under the Constitution. The right to visitation and communication enhances the facilitation of the right to obtain legal assistance. The right to visitation and communication of the... Read more
1.4.4
Constitutional Justice - Procedure - Exhaustion of remedies.
1.4.9.2
Constitutional Justice - Procedure - Parties - Interest.
4.7.4.3.1
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.13.27
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
Warrant, detention / Visitation request, lawyer / Working hours, State public officials service regulations / Right to visitation and communication, defence counsel / Right to retain a defence counsel, suspect / Quasi-appeal, denial by prosecutor / Independent basic right, protected by Constitution / De jure right, Criminal Procedure Act / Interest, indirect, factual, economic.
Article 32.3 of the Constitution mandates the legislature to define standards of working conditions consistent with the principle of human dignity. Whether a challenged provision infringes upon the right to work is determined based on whether the lawmakers completely failed to fulfil the obligation to protect workers from unfair layoff, or if such obligations, even if partially fulfilled, were... Read more
1.3.5.15
Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.
2.2.2
Sources - Hierarchy - Hierarchy as between national sources.
3.19
General Principles - Margin of appreciation.
3.20
General Principles - Reasonableness.
3.22
General Principles - Prohibition of arbitrariness.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.13.1.5
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Non-litigious administrative proceedings.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Discharge, small size enterprise / Layoff, unfair / Labour Standard Act, unfair layoff provision / Civil Act, layoff provision / National Labour Relations Commission, remedial process / Layoff, grounds, procedure / Policy decision / Omission, legislative / Working condition, standard / Advance layoff notice / Worker, protection / Employment, contract, termination.
The principle of nulla poena sine lege, which is derived from Article 12.1.2 and Article 13.1.1 of the Constitution means that offenses and penalties must be defined by law. The void-for-vagueness doctrine, which stems from this principle, requires the elements of a crime to be defined clearly so that people can foresee what conduct is punished by law and what penalty it may bring and... Read more
2.3
Sources - Techniques of review.
3.3.3
General Principles - Democracy - Pluralist democracy.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
3.14
General Principles -
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.24
General Principles - Loyalty to the State.
4.2.1
Institutions - State Symbols - Flag.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Insult, national flag / Void-for-vagueness doctrine / Common knowledge, sense of justice / Social reputation, undermine / National flag, desecration / Political view, expression / Flag, publicly used / Expression, means, content / Crime of purpose, wilful misconduct / Criticise, state / Democracy, spirit / Crime, destruction and damage.
Fundamental rights and freedoms cannot be restricted through Government decisions unless a restriction of the relevant right is provided by the law of the Assembly. The Government can only enforce a law of the Assembly that restricts a fundamental right and freedom only to the specific extent authorised by the Assembly through the relevant law.
Restrictions of fundamental rights and freedoms as... Read more
1.3.5.10
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.
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.
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
4.5.7
Institutions - Legislative bodies - Relations with the executive bodies.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
COVID-19, Public health.
In asylum cases, an oral hearing before an independent tribunal with full discretion is required, if:
1. a decision is taken on the merits;
2. the applicant does not come from a safe third country;
3. the tribunal aims to establish further facts or amend the established facts; and
4. the applicant’s claims revolve around these facts.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
Asylum, student, exmatriculation, refuge / Administrative proceedings, right to be heard, foreigner / Foreign office, oral hearing.
The Constitution provides that the national public broadcaster’s mission is to further the public interest in ensuring that society, at the national level, is properly informed of information that fosters constitutional and common human values. This includes, amongst other things, information concerning the protection of national interests, to strengthen democracy, promote civic consciousness,... Read more
4.10.6
Institutions - Public finances - Auditing bodies.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
Freedom of information / Freedom of the media / Broadcaster, national, public / Accountability, democratic / Audit.
The Legislature is, in respect of the establishment, activities and funding of political parties, under a constitutional duty to establish a means by which the regulation of political party funding is carried out so as to secure the proper and transparent allocation of state budget funds to such parties. Such regulation should be established by law and must, amongst other things, provide for... Read more
4.5.10.2
Institutions - Legislative bodies - Political parties - Financing.
4.10.2
Institutions - Public finances - Budget.
Political party, financing / Budget, state.
Under the Constitution, the state must, by means of a law, guarantee the sufficient and effective protection of the rights and legitimate interests of under-age children. The state is under a duty to ensure that account is, first of all, taken of the interests of the child and that no preconditions are created for violating those interests in the course of adopting laws and other legal acts, as... Read more
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Child, interest, priority / Support, financial.
Under the Constitution, neither the consent of Parliament (Seimas) nor of the President of the Republic is required for procedural measures provided for by law that, in themselves, do not restrict the physical liberty of a judge and which are necessary for the speedy disclosure and thorough investigation of criminal acts and other violations of law. Such measures could include those... Read more
1.1.3.3
Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Privileges and immunities.
4.7.16.2
Institutions - Judicial bodies - Liability - Liability of judges.
Independence, judges / Immunity, judges / Legal responsibility, acts, criminal / Liberty, physical.
Executive members of the decentralised bodies of the electoral administration body have decision-making powers, in matters of substantiation of disciplinary proceedings.
1.3.4.4
Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities.
Disciplinary proceedings, local authority / Inquiry, pre-trial material.
Having dual nationality should not be an impediment to the right to access electoral functions, such as participating in a polling station presiding board.
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
Election, electoral process, access, dual nationals.
Publicity material in the form of an activity report must be analysed according to its content; personal, objective and temporal elements should not be valued separately. Such material will be viewed as authentic if it communicates, either generally or specifically, activities carried out by the relevant public officer.
4.10.2
Institutions - Public finances - Budget.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
Publicity material, dissemination, accountability.
Expenses for general and polling station representatives represent necessary support for electoral processes. They should be classified as expenditure related to obtaining votes.
1.2.2.4
Constitutional Justice - Types of claim - Claim by a private body or individual - Political parties.
4.5.10.2
Institutions - Legislative bodies - Political parties - Financing.
4.9.8.1
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing.
4.9.8.2
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign expenses.
Expenses, polling stations, classification.
It is constitutional to implement valid fines at the time of the commission of the offence and not when the penalty is imposed.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
5.3.16
Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law.
5.3.38
Fundamental Rights - Civil and political rights - Non-retrospective effect of law.
Fine, amount, determination.
When deciding whether a communication through any form of media might affect fairness in an electoral contest and could be classified as a pre-campaign act, authorities must consider the specificities of the message it delivers and its impact. Should the withdrawal of the message be requested, as a precautionary measure, consideration must be given as to the likelihood of it having a detrimental... Read more
4.9.7
Institutions - Elections and instruments of direct democracy - Preliminary procedures.
4.9.8.3
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Access to media.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Social media / Media, radio and television, pre-campaign broadcast / Political party, sole candidate.
Composing a legislative body with women in the majority does not violate the parity principle. It is a way of overcoming the historical inequality the female gender has faced in the composition of ruling bodies and in active participation in politics.
4.5.3
Institutions - Legislative bodies - Composition.
4.9.10
Institutions - Elections and instruments of direct democracy - Minimum participation rate required.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.3
Fundamental Rights - Equality - Affirmative action.
Deputy, political party, candidates / Candidature, political party, equity.
Ministers of any religion may not be voted into positions of popular election, unless they have been formally, materially and definitively separated from their ministry for the minimum length of time set out in the corresponding electoral legislation, depending on the type of election in question. This requirement is neither disproportionate nor irrational and, therefore, not unconstitutional,... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
4.9.7.2
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Religion, church, state, separation / Church, State, separation / Religion, separation of church and state / Election, candidate, registration restrictions / Limitation, right / Limitation of right, justification / Civil rights.
No political party may participate in more than one coalition, and such coalitions cannot be different in respect of the political parties that comprise them, for the type of election. Therefore, where political parties participate in coalitions for the same local electoral process with different parties as members, the principle of uniformity has not been observed.
1.2.2.4
Constitutional Justice - Types of claim - Claim by a private body or individual - Political parties.
1.3.5.12
Constitutional Justice - Jurisdiction - The subject of review - Court decisions.
1.6.2
Constitutional Justice - Effects - Determination of effects by the court.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
Election, coalition / Election, conditions / Election, electoral coalition / Electoral coalition / Political parties.
To guarantee the access of women to formal political power structures, it is necessary to guarantee that they have substantive representation (by enforcing its voice before a political body), but also from a symbolic perspective, in which they are visible in important public positions.
3.20
General Principles - Reasonableness.
3.21
General Principles - Equality.
4.5.3.1
Institutions - Legislative bodies - Composition - Election of members.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
Candidates, equal opportunities, equity, balance, equality, gender / Gender, quota / Election, candidate, gender / Equality between men and women / Election, deputy, candidate / Chamber, Deputies / Deputy, local council.
For cases involving indigenous law, the jurisdictional bodies, in accordance with their obligation to judge from an intercultural perspective, must adopt, with due diligence, all necessary elements to support their decisions and thus prevent the violation of the rights of the parties instituting proceedings.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
5.2.2.3
Fundamental Rights - Equality - Criteria of distinction - Ethnic origin.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.5.4
Fundamental Rights - Collective rights - Right to self-determination.
5.5.5
Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights.
Indigenous right / Indigenous people, rights / Indigenous people / Interpretation, law / Community law, customary / Customary Law / Customary law, respect / Municipality / Member, municipal council / Municipality, income.
Transparency and availability of information on meetings for which there is no official record should be sought to the maximum extent, in order to record the actions of public servants and the purpose of their official activities (in accordance with the principles of Open Government), and to verify that the principles of impartiality and fairness of the electoral contest have not been violated.
4.9
Institutions - Elections and instruments of direct democracy.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Transparency, administrative / Public servant / Public service, / Freedom of expression / Impartiality, principle / Elections / Election, candidacy, nomination / Misuse of public resources / Fairness, principle.
The law provides for the possibility that a person may record a request for termination of life in a written statement that anticipates a situation in which they are no longer capable of expressing their will. A physician may grant such a request if all the legal requirements applicable to euthanasia are met, including the requirement of unbearable suffering without prospect of improvement. In... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Euthanasia, written request / Euthanasia, person suffering from advanced dementia, special attention.
The general requirement of preponderance of the evidence – and not a lower standard of proof – applies in the assessment of whether an applicant for residence is younger or older than 18.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
Residence, right, foreigner, age assessment.
Confiscation of the right to use a domain name by reason of contribution to copyright infringement does not constitute a violation of the freedom of expression.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.14
Fundamental Rights - Civil and political rights -
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Website, links, film, tv series, illegal access / Owner, domain, unknown / Copyright, infringement.
A care order issued for a child that denies the father contact rights is based on a fair balance of considerations pertaining to the child’s best interest.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Child, contact rights / Child, best interest.
The goal of family reunification is to ensure that contact rights between the parent(s) and the child should be such as to strengthen and develop the bond between the child and the parent(s), yet pose no risk of harm to the child.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Child, care order / Family, reunification, goal / Child, contact rights, balanced / Child, best interest.
The failure to consider the positive development in the mother s situation and to strike a fair balance between the long-term value of contact between the child and the mother and the necessity of adoption at this stage was flawed.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Child, best interest, family ties / Authority, parental, removal / Adoption, foster parents.
The right to be brought before a court upon an initial remand in custody is a basic due process guarantee and the Corona Regulations must be interpreted within the scope of Article 5.3 ECHR and Article 94.2 of the Constitution.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
COVID-19 regulations, scope, limits.
Pursuant to Article 8.1.3 of the Constitution, the norms both in the laws and in the regulations should be precise, clear, unambiguous and not introduce even the slightest dose of legal uncertainty, in order to exclude any possibility of arbitrariness in their application. The rule of law implies the conception of general, precisely defined and unambiguously formulated rules, because only such... Read more
3.9
General Principles - Rule of law.
Standards, legal certainty.
Medical organisations have an obligation to make a deceased person’s medical records available to the spouse if the latter so requests, and to grant the spouse the opportunity to make photocopies of those records.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
Deceased person, spouse, rights / Medical records, access / Medical confidentiality.
A court cannot refuse to examine the merits of a lawyer’s complaints aimed at challenging a court decision declaring a citizen legally incompetent solely on the ground that no special power of attorney has been issued to authorise the lawyer to challenge the court decision.
5.1.1.4.2
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Declaration of incompetence, lawyer, complaint, appeal / Special power of attorney.
A legal entity may be held administratively liable for intentional failure to comply with the requirements relating to transport safety only if the intentional nature of the actions or omissions of its responsible officials/employees has been clearly established.
5.1.1.5.1
Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Legal entities, administrative liability / Offence, intentional, guilt / Transport safety.
The person planning to file a lawsuit against the Republic of Serbia, in addition to the obligation to address the Republic Public Attorney's Office, has the obligation to, in case of failure of peaceful settlement of the dispute, submit a proof of this address along with the lawsuit.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Access to courts, application of procedural law.
The Constitutional Court established that the statutory provision allowing the use of unmanned aerial vehicles (UAVs, i.e. drones) to collect data in the performance of police tasks is not inconsistent with the Constitution.
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.
Personal data, police / Police, surveillance, drone.
The Constitutional Court established that the statutory regulation allowing the Police to use a system of automatic number plate recognition entailed a sufficient legal basis for the collection of personal data by means of such a system. There was, however, no statutory basis for the automated comparison of the collected data with other databases of personal data and the regulation was thus... Read more
3.12
General Principles - Clarity and precision of legal provisions.
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.
Automatic number plate recognition, ANPR / Personal data, automated processing / Personal data, police / Personal data, processing / Personal data, processing, legal basis.
Article 30.1.e of the Federal Act on Foreign Nationals and Integration (hereinafter, "FNIA"), Article 36 of the Federal Order on admission, residency and gainful employment (hereinafter, "OARGE"), Article 14.1 of the Federal Asylum Act (hereinafter, "AsylA"), Article 14 of the Convention against Trafficking in Human Beings; Article 4 ECHR. Right of a (presumed) victim of human trafficking to be... Read more
2.1.1.4
Sources - Categories - Written rules - International instruments.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.5.2
Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
Asylum, seeker, expulsion / Asylum, seeker, refoulement / Asylum, procedure / Practical effect / Investigation, criminal law / Investigation, effective, requirement / Investigation, effective / Alien, residence permit, temporary, rejection / Criminal justice, efficacy / Temporary residence permit / Procedure, participation, victim, law / Criminal proceedings, victim / Dublin regulation / Human trafficking, prohibition.
Federal vote of 2016 on the popular initiative "For the couple and the family – No to the penalisation of marriage", information made available to voters before the vote, serious irregularities discovered after the event, effect on the outcome of the vote.
Legal remedies in the event of irregularities in connection with a federal vote discovered after the event (recital 1.1); time-limit for... Read more
3.10
General Principles - Certainty of the law.
4.9.2
Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy.
4.9.8
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material.
5.3.41.3
Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting.
Constitution, amendment / Information published by federal government / Information, false / Information, requisite accuracy / Popular initiative / Influence on public opinion / Voting, irregularity, effect on outcome of vote.
Articles 10.2, 13, 36 of the Federal Constitution, Article 8 ECHR, Articles 235 and 236 of the Code of Criminal Procedure (hereinafter, "CCrP"), Articles 74 and 84 of the Criminal Code (hereinafter, "CrC") and Section 89 of the Vaud canton regulations on the status of convicted persons serving a prison sentence (hereinafter, "RCP"); inspection of incoming and outgoing correspondence of persons... Read more
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.2
Fundamental Rights - Equality.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
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.
5.3.36.1
Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence.
Confidentiality of correspondence / Correspondence, mail, detainee / Detainee, correspondence, confidential / Prison, correspondence, mail / Security risk / Privacy of correspondence, mail.
A decision whereby the Swedish Tax Agency refused to register a legal parent-child relationship established in Iceland has not been deemed a violation of Article 8 ECHR.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Discrimination, sexual orientation, parental rights, civil status / Foreigner, right to private life, right to family life.
A decision by a state agency on compensation for personal injury insurance for students cannot be appealed before an administrative court.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Right to appeal, access to courts, administrative court, civil law / Student, insurance, personal injury.
A Justice of the Supreme Administrative Court was not disqualified from ruling in a case concerning, inter alia, tax surcharges on reasons that she had, during her previous employment at the Swedish Tax Agency, dealt with the relevant legal issue.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Impartiality, tax ruling, bias.
A judge who had been granted leave of absence from her service at an Administrative Court of Appeal to pursue employment as a Section Manager at the Tax Agency’s Legal Department, was found disqualified to participate in the final decision of a series of cases in which the Tax Agency was a party.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Impartiality, tax ruling, bias.
The restriction set out in the second sentence of Article 42.4 of the Law no. 2136 regarding the failure to provide information upon requests for case files pending before the Constitutional Court, is based on the prescriptions of the law, pursues such a legitimate aim as protecting the rights of individuals, in particular the rights to non-interference with personal and family life guaranteed by... Read more
3.10
General Principles - Certainty of the law.
5.3.25
Fundamental Rights - Civil and political rights - Right to administrative transparency.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Information, access / Constitutional Court, openness / Limitation, access, information / Data, personal, protection / Aim, legitimate.
Articles 13, 14.2, 54.b, 54.c and 54.d of the Law no. 1788, as amended by the Law no. 213, which envisage a gradual increase of the retirement age by 5 years on preferential terms, taking into account the relevant work experience and length of service pension for employees defined in the said norms, violate the legitimate expectations of such persons, and thus contradict Article 8.1 of the... Read more
3.10
General Principles - Certainty of the law.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Pension, provision, certainty, legal.
The monthly lifetime allowance of a retired judge should be commensurate with the judicial remuneration received by a competent judge. In the event of an increase in such remuneration, the recalculation of the previously assigned monthly lifetime allowance of a retired judge shall be made automatically. The establishment of different approaches to the procedure for calculating the monthly... Read more
4.7.4.1.5
Institutions - Judicial bodies - Organisation - Members - End of office.
4.7.7
Institutions - Judicial bodies - Supreme court.
Supreme court, judge, dismissal / Judge, evaluation / Judge, resignation.
The establishment of Section VI.26 "Final and Transitional Provisions" of the Code of other legislative regulation of relationships in the area of granting benefits to war veterans than that, provided for in Articles 12, 13, 14, 15 and 16 of the Law no. 3551, entails legal uncertainty in the application of respective norms of the Code and the Law no. 3551, which is contrary to the principle of... Read more
3.10
General Principles - Certainty of the law.
4.10.2
Institutions - Public finances - Budget.
Participants, veteran, war, benefits, financing / Code, budget, regulation, subject.
The Parliament (Verkhovna Rada), as the sole legislative body in Ukraine, has the power to change the quantitative composition of judges of the Supreme Court, if the bill is tabled by the President after previous consultation with the High Council of Justice. The legislator cannot arbitrarily set or change the amount of the judge's remuneration by using its powers as an instrument of... Read more
4.7.5
Institutions - Judicial bodies - Supreme Judicial Council or equivalent body.
4.7.7
Institutions - Judicial bodies - Supreme court.
4.7.16.2
Institutions - Judicial bodies - Liability - Liability of judges.
Composition, Supreme court, reduction / Composition, judges, commission, qualification, high, amendments / Judge, disciplinary, proceedings.
One of the guarantees of the independence of judges who administer justice and retired judges is their proper financial and social security, which should guarantee the administration of fair, independent, impartial justice, and that the guarantees of independence of the judge, including measures to ensure his/her material and social security benefits, apply to all judges and cannot be abolished... Read more
3.10
General Principles - Certainty of the law.
4.5.2
Institutions - Legislative bodies - Powers.
4.7.4.1.5
Institutions - Judicial bodies - Organisation - Members - End of office.
Assistance, severance, judge, resignation / Frame, time, reasonable.
1.1.3.3 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Privileges and immunities. LTU-2020-1-004 1.2.1.1 Constitutional Justice - Types of claim - Claim by a public body - Head of State. ARG-2020-1-001 1.2.2.4 Constitutional Justice - Types of claim - Claim by a private body or individual - Political parties. MEX-2020-1-004, MEX-2020-1-009 1.2.2.5 Constitutional Justice - Types of claim - Claim by a private body or individual - Trade unions. BRA-2020-1-005 1.3.4.4 Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities. MEX-2020-1-001 1.3.5.9 Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules. ARG-2020-1-001 1.3.5.10 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive. KOS-2020-1-001 1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions. MEX-2020-1-009 1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation. KOR-2020-1-002 1.4.4 Constitutional Justice - Procedure - Exhaustion of remedies. KOR-2020-1-001 1.4.9.2 Constitutional Justice - Procedure - Parties - Interest. KOR-2020-1-001 1.5.3 Constitutional Justice - Decisions - Form. ARG-2020-1-001 1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures. BRA-2020-1-005, GER-2020-1-007 1.6.2 Constitutional Justice - Effects - Determination of effects by the court. MEX-2020-1-009 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. ITA-2020-1-001, ITA-2020-1-002, ITA-2020-1-006 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. CZE-2020-1-001, GER-2020-1-008 2.1.1.4 Sources - Categories - Written rules - International instruments. SUI-2020-1-001 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. BIH-2020-1-001, CZE-2020-1-002, ITA-2020-1-001, ITA-2020-1-002, KOS-2020-1-001 2.1.1.4.10 Sources - Categories - Written rules - International instruments - Vienna Convention on the Law of Treaties of 1969. ECJ-2020-1-002 2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights. KOS-2020-1-001 2.2.1.6 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law. GER-2020-1-008 2.2.2 Sources - Hierarchy - Hierarchy as between national sources. KOR-2020-1-002 2.3 Sources - Techniques of review. KOR-2020-1-003 3.1 General Principles - Sovereignty. GER-2020-1-004, GER-2020-1-008 3.3 General Principles - Democracy. BRA-2020-1-007 3.3.1 General Principles - Democracy - Representative democracy. GER-2020-1-004, GER-2020-1-008 3.3.3 General Principles - Democracy - Pluralist democracy. KOR-2020-1-003 3.4 General Principles - Separation of powers. KOS-2020-1-001 3.6.3 General Principles - Structure of the State - Federal State. BRA-2020-1-004 3.7 General Principles - Relations between the State and bodies of a religious or ideological nature. AUT-2020-1-001, GER-2020-1-002, ITA-2020-1-005, MEX-2020-1-008 3.9 General Principles - Rule of law. BIH-2020-1-001, CZE-2020-1-001, CZE-2020-1-002, KOS-2020-1-001, MKD-2020-1-001 3.10 General Principles - Certainty of the law. CZE-2020-1-001, ECH-2020-1-002, ECH-2020-1-007, GER-2020-1-006, KOR-2020-1-003, SUI-2020-1-002, UKR-2020-1-001, UKR-2020-1-002, UKR-2020-1-004, UKR-2020-1-006 3.12 General Principles - Clarity and precision of legal provisions. BIH-2020-1-001, ITA-2020-1-002, ITA-2020-1-003, KOR-2020-1-003, SLO-2020-1-002 3.13 General Principles - Legality. ECJ-2020-1-008, SUI-2020-1-003 3.14 General Principles - Nullum crimen, nulla poena sine lege. KOR-2020-1-003 3.16 General Principles - Proportionality. BIH-2020-1-001, CHI-2020-1-001, CRO-2020-1-001, FRA-2020-1-001, GER-2020-1-008, KOR-2020-1-003, KOS-2020-1-001, MEX-2020-1-002, SUI-2020-1-003 3.17 General Principles - Weighing of interests. BIH-2020-1-001, CHI-2020-1-001, FRA-2020-1-002, GER-2020-1-002, GER-2020-1-003, GER-2020-1-005, GER-2020-1-006, GER-2020-1-007, ITA-2020-1-001, ITA-2020-1-003, ITA-2020-1-006, KOR-2020-1-003, SUI-2020-1-003 3.18 General Principles - General interest. CZE-2020-1-001, SUI-2020-1-003 3.19 General Principles - Margin of appreciation. ITA-2020-1-001, ITA-2020-1-002, ITA-2020-1-003, KOR-2020-1-002 3.20 General Principles - Reasonableness. ITA-2020-1-001, ITA-2020-1-003, ITA-2020-1-004, ITA-2020-1-006, KOR-2020-1-002, MEX-2020-1-002, MEX-2020-1-010 3.21 General Principles - Equality. ITA-2020-1-004, MEX-2020-1-010 3.22 General Principles - Prohibition of arbitrariness. BIH-2020-1-001, KOR-2020-1-002 3.24 General Principles - Loyalty to the State. KOR-2020-1-003 3.25 General Principles - Market economy. BRA-2020-1-006, CHI-2020-1-001 3.26 General Principles - Fundamental principles of the Internal Market. GER-2020-1-008 4.2.1 Institutions - State Symbols - Flag. KOR-2020-1-003 4.4.3 Institutions - Head of State - Powers. BRA-2020-1-004 4.5.2 Institutions - Legislative bodies - Powers. ARG-2020-1-001, UKR-2020-1-006 4.5.2.1 Institutions - Legislative bodies - Powers - Competences with respect to international agreements. ARG-2020-1-001, GER-2020-1-004 4.5.2.2 Institutions - Legislative bodies - Powers - Powers of enquiry. ARG-2020-1-001 4.5.2.3 Institutions - Legislative bodies - Powers - Delegation to another legislative body. ARG-2020-1-001 4.5.3 Institutions - Legislative bodies - Composition. MEX-2020-1-007 4.5.3.1 Institutions - Legislative bodies - Composition - Election of members. MEX-2020-1-010 4.5.6 Institutions - Legislative bodies - Law-making procedure. ARG-2020-1-001 4.5.6.3 Institutions - Legislative bodies - Law-making procedure - Majority required. GER-2020-1-004 4.5.7 Institutions - Legislative bodies - Relations with the executive bodies. KOS-2020-1-001 4.5.10.2 Institutions - Legislative bodies - Political parties - Financing. LTU-2020-1-002, MEX-2020-1-004 4.6.4.4 Institutions - Executive bodies - Composition - Status of members of executive bodies. CZE-2020-1-001 4.6.6 Institutions - Executive bodies - Relations with judicial bodies. BRA-2020-1-002 4.7.2 Institutions - Judicial bodies - Procedure. FRA-2020-1-004 4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment. ECJ-2020-1-001, ECJ-2020-1-005 4.7.4.1.5 Institutions - Judicial bodies - Organisation - Members - End of office. UKR-2020-1-003, UKR-2020-1-006 4.7.4.1.6 Institutions - Judicial bodies - Organisation - Members - Status. ECJ-2020-1-001 4.7.4.3.1 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers. KOR-2020-1-001 4.7.5 Institutions - Judicial bodies - Supreme Judicial Council or equivalent body. UKR-2020-1-005 4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction. GER-2020-1-008 4.7.7 Institutions - Judicial bodies - Supreme court. UKR-2020-1-003, UKR-2020-1-005 4.7.8.2 Institutions - Judicial bodies - Ordinary courts - Criminal courts. FRA-2020-1-004 4.7.15.1.4 Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Status of members of the Bar. ECJ-2020-1-003 4.7.16.2 Institutions - Judicial bodies - Liability - Liability of judges. LTU-2020-1-004, UKR-2020-1-005 4.8 Institutions - Federalism, regionalism and local self-government. ITA-2020-1-005 4.8.1 Institutions - Federalism, regionalism and local self-government - Federal entities. BRA-2020-1-004 4.8.3 Institutions - Federalism, regionalism and local self-government - Municipalities. BRA-2020-1-003, MEX-2020-1-011 4.9 Institutions - Elections and instruments of direct democracy. BRA-2020-1-003, MEX-2020-1-013 4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy. SUI-2020-1-002 4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility. CZE-2020-1-001 4.9.7 Institutions - Elections and instruments of direct democracy - Preliminary procedures. MEX-2020-1-006 4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates. MEX-2020-1-008 4.9.8 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material. SUI-2020-1-002 4.9.8.1 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing. MEX-2020-1-004 4.9.8.2 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign expenses. MEX-2020-1-004 4.9.8.3 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Access to media. MEX-2020-1-006 4.9.10 Institutions - Elections and instruments of direct democracy - Minimum participation rate required. MEX-2020-1-007 4.9.15 Institutions - Elections and instruments of direct democracy - Post-electoral procedures. CZE-2020-1-001 4.10 Institutions - Public finances. GER-2020-1-008 4.10.2 Institutions - Public finances - Budget. LTU-2020-1-002, MEX-2020-1-003, UKR-2020-1-004 4.10.6 Institutions - Public finances - Auditing bodies. LTU-2020-1-001 4.17.1.5 Institutions - European Union - Institutional structure - Court of Justice of the European Union. GER-2020-1-008 4.17.1.6 Institutions - European Union - Institutional structure - European Central Bank. GER-2020-1-008 4.17.2 Institutions - European Union - Distribution of powers between the EU and member states. GER-2020-1-008 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-2020-1-001, ECJ-2020-1-002 4.17.3 Institutions - European Union - Distribution of powers between institutions of the EU. GER-2020-1-008 4.18 Institutions - State of emergency and emergency powers. BIH-2020-1-001, BRA-2020-1-005, KOS-2020-1-001 5.1.1 Fundamental Rights - General questions - Entitlement to rights. CHI-2020-1-003 5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners. NOR-2020-1-001, SUI-2020-1-001 5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status. SUI-2020-1-001 5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated. ITA-2020-1-006, RUS-2020-1-002 5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees. CHI-2020-1-003, KOR-2020-1-001, SUI-2020-1-003 5.1.1.5.1 Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law. RUS-2020-1-003 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. ECH-2020-1-008, LTU-2020-1-003 5.1.4 Fundamental Rights - General questions - Limits and restrictions. KOS-2020-1-001, SUI-2020-1-003 5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation. BIH-2020-1-001, BRA-2020-1-002 5.1.4.3 Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation. BIH-2020-1-001 5.1.5 Fundamental Rights - General questions - Emergency situations. BIH-2020-1-001, KOS-2020-1-001 5.2 Fundamental Rights - Equality. CHI-2020-1-001, CHI-2020-1-002, CHI-2020-1-003, ITA-2020-1-004, SUI-2020-1-003 5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment. BRA-2020-1-005, ECJ-2020-1-008, KOR-2020-1-002 5.2.2 Fundamental Rights - Equality - Criteria of distinction. FRA-2020-1-002 5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender. ITA-2020-1-001, ITA-2020-1-002, MEX-2020-1-007 5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin. MEX-2020-1-011 5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality. MEX-2020-1-002 5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion. GER-2020-1-002, ITA-2020-1-005 5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age. CHI-2020-1-003 5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability. GER-2020-1-003, ITA-2020-1-006 5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation. BRA-2020-1-001, CRO-2020-1-001, ECH-2020-1-001, ECJ-2020-1-008, ITA-2020-1-001, ITA-2020-1-002, SWE-2020-1-001 5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status. CRO-2020-1-001, FRA-2020-1-004 5.2.3 Fundamental Rights - Equality - Affirmative action. MEX-2020-1-007 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. BRA-2020-1-008, CRO-2020-1-001, ECH-2020-1-001, ECH-2020-1-008, FRA-2020-1-003, GER-2020-1-005, ITA-2020-1-003, ITA-2020-1-006, KOR-2020-1-002, NED-2020-1-001 5.3.2 Fundamental Rights - Civil and political rights - Right to life. BRA-2020-1-008, GER-2020-1-005, ITA-2020-1-003, NED-2020-1-001 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. CZE-2020-1-002, ECH-2020-1-004 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. ECH-2020-1-007 5.3.5 Fundamental Rights - Civil and political rights - Individual liberty. CHI-2020-1-003, ITA-2020-1-003 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. ECJ-2020-1-004, ECJ-2020-1-007, ITA-2020-1-004, ITA-2020-1-006, SUI-2020-1-003 5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial. NOR-2020-1-006 5.3.5.2 Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour. SUI-2020-1-001 5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement. BIH-2020-1-001, KOS-2020-1-001 5.3.9 Fundamental Rights - Civil and political rights - Right of residence. NOR-2020-1-001, SUI-2020-1-001 5.3.11 Fundamental Rights - Civil and political rights - Right of asylum. ECH-2020-1-006 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. CHI-2020-1-002, ECH-2020-1-005, ECH-2020-1-007, ECJ-2020-1-007, NOR-2020-1-006 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. ECJ-2020-1-004 5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings. MEX-2020-1-005 5.3.13.1.5 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Non-litigious administrative proceedings. KOR-2020-1-002 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. AZE-2020-1-002, ECH-2020-1-001, ECH-2020-1-006, ECH-2020-1-007, ECJ-2020-1-006 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. ECH-2020-1-007, ECJ-2020-1-003, RUS-2020-1-002, RUS-2020-1-003, SRB-2020-1-001, SWE-2020-1-002 5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing. LIE-2020-1-001 5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. CAN-2020-1-001 5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence. ECJ-2020-1-001, ECJ-2020-1-005 5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality. ECJ-2020-1-001, ECJ-2020-1-005, SWE-2020-1-003, SWE-2020-1-004 5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. AZE-2020-1-001, NOR-2020-1-002 5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel. ECJ-2020-1-003, KOR-2020-1-001 5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem. NOR-2020-1-002 5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime. CHI-2020-1-003 5.3.16 Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law. MEX-2020-1-005 5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State. NOR-2020-1-003, NOR-2020-1-005 5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience. GER-2020-1-002 5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion. CHI-2020-1-003 5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship. AUT-2020-1-001, ITA-2020-1-005 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. ECH-2020-1-002, KOR-2020-1-003, MEX-2020-1-006, MEX-2020-1-012, MEX-2020-1-013, NOR-2020-1-002 5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication. ECH-2020-1-003, LTU-2020-1-001 5.3.24 Fundamental Rights - Civil and political rights - Right to information. BRA-2020-1-007, FRA-2020-1-005, MEX-2020-1-003, RUS-2020-1-001 5.3.25 Fundamental Rights - Civil and political rights - Right to administrative transparency. BRA-2020-1-007, UKR-2020-1-001 5.3.25.1 Fundamental Rights - Civil and political rights - Right to administrative transparency - Right of access to administrative documents. FRA-2020-1-005 5.3.27 Fundamental Rights - Civil and political rights - Freedom of association. MEX-2020-1-009 5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly. KOS-2020-1-001, MEX-2020-1-013 5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation. ECH-2020-1-005, RUS-2020-1-001 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. ECH-2020-1-001, ECH-2020-1-005, ECH-2020-1-008, KOS-2020-1-001, SLO-2020-1-001, SLO-2020-1-002, SUI-2020-1-003, SWE-2020-1-001 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. BRA-2020-1-002, ECH-2020-1-003, SLO-2020-1-001, SLO-2020-1-002, UKR-2020-1-001 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. ECH-2020-1-001, ECH-2020-1-003, ECH-2020-1-004, FRA-2020-1-002, ITA-2020-1-001, ITA-2020-1-002, ITA-2020-1-006, KOS-2020-1-001, NOR-2020-1-003, NOR-2020-1-004, NOR-2020-1-005, SUI-2020-1-003, SWE-2020-1-001 5.3.34 Fundamental Rights - Civil and political rights - Right to marriage. ECH-2020-1-004 5.3.36.1 Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence. SUI-2020-1-003 5.3.38 Fundamental Rights - Civil and political rights - Non-retrospective effect of law. MEX-2020-1-005 5.3.39 Fundamental Rights - Civil and political rights - Right to property. AZE-2020-1-002 5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations. GER-2020-1-006 5.3.41 Fundamental Rights - Civil and political rights - Electoral rights. GER-2020-1-004, MEX-2020-1-002, MEX-2020-1-010 5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election. BRA-2020-1-003, MEX-2020-1-008 5.3.41.3 Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting. SUI-2020-1-002 5.3.41.5 Fundamental Rights - Civil and political rights - Electoral rights - Direct / indirect ballot. BRA-2020-1-003 5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation. BRA-2020-1-002 5.3.43 Fundamental Rights - Civil and political rights - Right to self fulfilment. BRA-2020-1-001, GER-2020-1-005 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. BIH-2020-1-001, LTU-2020-1-003, NOR-2020-1-003, NOR-2020-1-004, NOR-2020-1-005 5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities. BRA-2020-1-001, MEX-2020-1-011 5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education. FRA-2020-1-005 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. BRA-2020-1-005, BRA-2020-1-006, CHI-2020-1-001, CHI-2020-1-002, ECJ-2020-1-008, KOR-2020-1-002 5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. CHI-2020-1-001, FRA-2020-1-001 5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service. MEX-2020-1-002 5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions. BRA-2020-1-005, CHI-2020-1-002, GER-2020-1-001 5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing. KAZ-2020-1-001 5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension. UKR-2020-1-002 5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions. BRA-2020-1-005, BRA-2020-1-006, KOR-2020-1-002 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. CHI-2020-1-001, CHI-2020-1-003, ECH-2020-1-008, FRA-2020-1-001, ITA-2020-1-003 5.5.1 Fundamental Rights - Collective rights - Right to the environment. FRA-2020-1-001 5.5.4 Fundamental Rights - Collective rights - Right to self-determination. GER-2020-1-004, MEX-2020-1-011 5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights. MEX-2020-1-011
Access to courts, application of procedural law
SRB-2020-1-001 Accountability, democratic
LTU-2020-1-001 Administration, information, access, reasonable
FRA-2020-1-005 Administrative proceedings, right to be heard, foreigner
LIE-2020-1-001 Adoption, child, best interests
FRA-2020-1-002 Adoption, consent, natural father
FRA-2020-1-002 Adoption, foster parents
NOR-2020-1-005 Adoption, right, discrimination
FRA-2020-1-002 Advance layoff notice
KOR-2020-1-002 Aim, legitimate
UKR-2020-1-001 Alien, residence permit, temporary, rejection
SUI-2020-1-001 Arbitration, court, decision, enforcement
ECJ-2020-1-006, ECJ-2020-1-002 Assets, financial, purchase
GER-2020-1-008 Assistance, severance, judge, resignation
UKR-2020-1-006 Asylum, procedure
SUI-2020-1-001 Asylum, seeker, refoulement
SUI-2020-1-001 Asylum, seeker, expulsion
SUI-2020-1-001 Asylum, student, exmatriculation, refuge
LIE-2020-1-001 Audit
LTU-2020-1-001 Authority, parental, removal
NOR-2020-1-005 Automatic number plate recognition, ANPR
SLO-2020-1-002 Bank account, tax inspection, disclosure
BRA-2020-1-002 Banking secrecy, lifting, fraud, evidence
BRA-2020-1-002 Birth certificate to a foreign national issued by a Civil registry official
ITA-2020-1-002 Birth, registration
BRA-2020-1-001 Border, national, definition
ECJ-2020-1-006, ECJ-2020-1-002 Broadcaster, national, public
LTU-2020-1-001 Budget, state
LTU-2020-1-002 Candidates, equal opportunities, equity, balance, equality, gender
MEX-2020-1-010 Candidature, political party, equity
MEX-2020-1-007 Chamber, Deputies
MEX-2020-1-010 Charter of rights and freedoms, right to be tried within reasonable time
CAN-2020-1-001 Child, best interest
NOR-2020-1-004, NOR-2020-1-003 Child, best interest, family ties
NOR-2020-1-005 Child, care order
NOR-2020-1-004 Child, contact rights
NOR-2020-1-003 Child, contact rights, balanced
NOR-2020-1-004 Child, disabled
ITA-2020-1-006 Child, interest, priority
LTU-2020-1-003 Children, special needs, mental and physical condition
BIH-2020-1-001 Church, State, separation
MEX-2020-1-008 Circumstance, exceptional
BIH-2020-1-001 Civil Act, layoff provision
KOR-2020-1-002 Civil rights
MEX-2020-1-008 Code, budget, regulation, subject
UKR-2020-1-004 Collective agreement, generally binding
GER-2020-1-001 Collective bargaining, right
GER-2020-1-001 Common knowledge, sense of justice
KOR-2020-1-003 Community law, customary
MEX-2020-1-011 Competences, exceeding
GER-2020-1-008 Composition, judges, commission, qualification, high, amendments
UKR-2020-1-005 Composition, Supreme court, reduction
UKR-2020-1-005 Conduct, person crossing border, unauthorised manner, en masse using force
ECH-2020-1-006 Conferral, principle of
GER-2020-1-008 Confidentiality of correspondence
SUI-2020-1-003 Confidentiality, proceedings, definition, requirement
BRA-2020-1-002 Conflict of interest, healthcare, economic activity, sale of goods
CHI-2020-1-001 Constitution, amendment
SUI-2020-1-002 Constitution, identity
GER-2020-1-008 Constitutional Court, openness
UKR-2020-1-001 Copyright, infringement
NOR-2020-1-002 Correspondence, mail, detainee
SUI-2020-1-003 Court, competence
ECJ-2020-1-002 Court, jurisdiction
ECJ-2020-1-006 COVID-19
ARG-2020-1-001, BIH-2020-1-001, GER-2020-1-007 COVID-19 regulations, scope, limits
NOR-2020-1-006 COVID-19, pandemic
CHI-2020-1-003 COVID-19, Public health
KOS-2020-1-001 Crime of purpose, wilful misconduct
KOR-2020-1-003 Crime, destruction and damage
KOR-2020-1-003 Criminal justice, efficacy
SUI-2020-1-001 Criminal procedure, witness testimony
FRA-2020-1-004 Criminal proceedings, victim
SUI-2020-1-001 Criticise, state
KOR-2020-1-003 Customary Law
MEX-2020-1-011 Customary law, respect
MEX-2020-1-011 Cyber violation of privacy, domestic violence
ECH-2020-1-004 Cyberbullying, violence against women and girls
ECH-2020-1-004 Cybersurveillance, domestic violence, partner
ECH-2020-1-004 Damages, claims, limitation period
ECH-2020-1-007 Data, personal, protection
UKR-2020-1-001 De jure right, Criminal Procedure Act
KOR-2020-1-001 Death, self-determined, right
GER-2020-1-005 Deceased person, spouse, rights
RUS-2020-1-001 Declaration of incompetence, lawyer, complaint, appeal
RUS-2020-1-002 Decree, presidential, validity
BRA-2020-1-004 Democracy, spirit
KOR-2020-1-003 Deputy, local council
MEX-2020-1-010 Deputy, political party, candidates
MEX-2020-1-007 Detainee, correspondence, confidential
SUI-2020-1-003 Disability, assistance, guide dogs
GER-2020-1-003 Discharge, small size enterprise
KOR-2020-1-002 Disciplinary proceedings, local authority
MEX-2020-1-001 Discrimination, sexual orientation
ECJ-2020-1-008 Discrimination, sexual orientation by national authorities
ECH-2020-1-001 Discrimination, sexual orientation, parental rights, civil status
SWE-2020-1-001 Document, administrative, access, right
FRA-2020-1-005 Double jeopardy
ECJ-2020-1-004 Dublin regulation
SUI-2020-1-001 Economic and financial crisis, policy, measure
BRA-2020-1-005 Economy, state intervention
BRA-2020-1-005 Education, higher, access
FRA-2020-1-005 Education, higher, access, condition
FRA-2020-1-005 Election, candidacy, nomination
MEX-2020-1-013 Election, candidate, gender
MEX-2020-1-010 Election, candidate, registration restrictions
MEX-2020-1-008 Election, coalition
MEX-2020-1-009 Election, conditions
MEX-2020-1-009 Election, deputy, candidate
MEX-2020-1-010 Election, electoral coalition
MEX-2020-1-009 Election, electoral process, access, dual nationals
MEX-2020-1-002 Election, invalidity
BRA-2020-1-003 Election, referendum, voters, forum, mobile, application, share opinions and convey political message
ECH-2020-1-002 Elections
MEX-2020-1-013 Electoral coalition
MEX-2020-1-009 Emergency legislation, approval
BRA-2020-1-005 Employment, contract, termination
KOR-2020-1-002 Employment, discrimination
ECJ-2020-1-008 Employment, preservation, pandemic
BRA-2020-1-006 Employment, working conditions
ECJ-2020-1-008 Enterprise, small and medium-sized
BRA-2020-1-006 Environment, right to the protection of a healthy environment
FRA-2020-1-001 Equality between men and women
MEX-2020-1-010 Equality, proportionality, due process, breach
CHI-2020-1-002 European Arrest Warrant, surrender procedures between Member States
ECJ-2020-1-004 European Central Bank, mandate
GER-2020-1-008 European Economic Area, Agreement
ECJ-2020-1-007 European integration, agenda
GER-2020-1-008 European Union act, ultra vires, review
GER-2020-1-008 European Union, Court of Justice
ECJ-2020-1-006 European Union, Court of Justice, competence
ECJ-2020-1-002 European Union, Court of Justice, democratic legitimation
GER-2020-1-008 European Union, Court of Justice, judicial mandate
GER-2020-1-008 European Union, Court of Justice, submission procedure, preliminary ruling
ECJ-2020-1-001 Euthanasia, person suffering from advanced dementia, special attention
NED-2020-1-001 Euthanasia, written request
NED-2020-1-001 Expenses, polling stations, classification
MEX-2020-1-004 Expression, means, content
KOR-2020-1-003 Extradition, assurance by receiving state
CZE-2020-1-002, ECJ-2020-1-007 Extradition, guarantees
ECJ-2020-1-007 Extradition, proceedings
ECJ-2020-1-007 Extradition, receiving state, information
CZE-2020-1-002 Extradition, safeguard
CZE-2020-1-002 Facility, religious
ITA-2020-1-005 Fairness, principle
MEX-2020-1-013 Family tradition, values, social acceptance of homosexuality
ECH-2020-1-001 Family, reunification, goal
NOR-2020-1-004 Fine, administrative
GER-2020-1-006 Fine, administrative sanction
GER-2020-1-006 Fine, amount, determination
MEX-2020-1-005 Flag, publicly used
KOR-2020-1-003 Foreign office, oral hearing
LIE-2020-1-001 Foreigner, right to private life, right to family life
SWE-2020-1-001 Foster care, providers, same sex life partners
CRO-2020-1-001 Frame, time, reasonable
UKR-2020-1-006 Freedom of enterprise, restriction
FRA-2020-1-001 Freedom of expression
MEX-2020-1-013 Freedom of expression, exception
MEX-2020-1-012 Freedom of information
LTU-2020-1-001 Freedom of the media
LTU-2020-1-001 Freedom of training
GER-2020-1-002 Freedom to trade, restriction
FRA-2020-1-001 Gender reassignment, legal conditions
BRA-2020-1-001 Gender, change, recognition
BRA-2020-1-001 Gender, quota
MEX-2020-1-010 Government bonds, purchase
GER-2020-1-008 Health protection, system
BRA-2020-1-004 Homosexual, couple
ITA-2020-1-002, ITA-2020-1-001 Housing, deprivation
KAZ-2020-1-001 Human trafficking, prohibition
SUI-2020-1-001 Immunity, judges
LTU-2020-1-004 Impartiality, principle
MEX-2020-1-013 Impartiality, tax ruling, bias
SWE-2020-1-003, SWE-2020-1-004 Independence, judges
LTU-2020-1-004 Independent basic right, protected by Constitution
KOR-2020-1-001 Indigenous people
MEX-2020-1-011 Indigenous people, protection, COVID-19
BRA-2020-1-008 Indigenous people, rights
MEX-2020-1-011 Indigenous right
MEX-2020-1-011 Individual interest, conflict, margin of appreciation
ECH-2020-1-007 Influence on public opinion
SUI-2020-1-002 Information published by federal government
SUI-2020-1-002 Information, access
UKR-2020-1-001 Information, access, denial
BRA-2020-1-007 Information, access, limit
BRA-2020-1-007 Information, access, reasonable
BRA-2020-1-007 Information, disclosure
BRA-2020-1-007 Information, duty to provide
BRA-2020-1-007 Information, false
SUI-2020-1-002 Information, reasonable access
BRA-2020-1-007 Information, requisite accuracy
SUI-2020-1-002 Inquiry, pre-trial material
MEX-2020-1-001 Insult, national flag
KOR-2020-1-003 Integration, responsibility
GER-2020-1-008 Interest, indirect, factual, economic
KOR-2020-1-001 International law, general principles, effects in national law
ECJ-2020-1-006, ECJ-2020-1-002 International treaty, act of approval
GER-2020-1-004 Interpretation, law
MEX-2020-1-011 Investigation, criminal law
SUI-2020-1-001 Investigation, effective
SUI-2020-1-001 Investigation, effective, requirement
SUI-2020-1-001 Judge, appointment
ECJ-2020-1-005 Judge, disciplinary, proceedings
UKR-2020-1-005 Judge, dismissal
ECJ-2020-1-005 Judge, evaluation
UKR-2020-1-003 Judge, independence, autonomy, impartiality
ECJ-2020-1-001 Judge, resignation
UKR-2020-1-003 Judicial authority, intervention, necessity
ECJ-2020-1-004 Judicial protection
KAZ-2020-1-001 Labour rights, restrictions, requirements
BRA-2020-1-005 Labour Standard Act, unfair layoff provision
KOR-2020-1-002 Law, lack of clarity, vagueness
ECH-2020-1-002 Lawyer, independence
ECJ-2020-1-003 Layoff, grounds, procedure
KOR-2020-1-002 Layoff, unfair
KOR-2020-1-002 Legal entities, administrative liability
RUS-2020-1-003 Legal provisions, suspension
GER-2020-1-007 Legal representative, attorney
ECJ-2020-1-003 Legal responsibility, acts, criminal
LTU-2020-1-004 Legal trainee, wearing a headscarf
GER-2020-1-002 Legislative competence, shared, limits
BRA-2020-1-004 Liberty, physical
LTU-2020-1-004 Life sentence, crimes related to criminal organisations
ITA-2020-1-004 Limitation of right, justification
MEX-2020-1-008, KAZ-2020-1-001 Limitation, access, information
UKR-2020-1-001 Limitation, right
MEX-2020-1-008 Media, defamation
MEX-2020-1-012 Media, freedom of expression, limits
MEX-2020-1-012 Media, radio and television, pre-campaign broadcast
MEX-2020-1-006 Medical confidentiality
RUS-2020-1-001 Medical records, access
RUS-2020-1-001 Medically assisted procreation
ITA-2020-1-001, ITA-2020-1-002 Member, municipal council
MEX-2020-1-011 Migrant, asylum-seeker, refusal of admission
ECH-2020-1-006 Migrants, asylum-seekers, expulsion
ECH-2020-1-006 Migrants, asylum-seekers, land border, immediate and forceable return
ECH-2020-1-006 Misuse of public resources
MEX-2020-1-013 Monetary financing, prohibition
GER-2020-1-008 Monetary policy
GER-2020-1-008 Mother, imprisoned
ITA-2020-1-006 Municipality
MEX-2020-1-011 Municipality, income
MEX-2020-1-011 National flag, desecration
KOR-2020-1-003 National Labour Relations Commission, remedial process
KOR-2020-1-002 Offence, intentional, guilt
RUS-2020-1-003 Omission, legislative
KOR-2020-1-002 Owner, domain, unknown
NOR-2020-1-002 Pardon, power to grant, acting President
CHI-2020-1-003 Pardon, restriction
CHI-2020-1-003 Parliament, virtual sessions
ARG-2020-1-001 Participants, veteran, war, benefits, financing
UKR-2020-1-004 Pension, provision, certainty, legal
UKR-2020-1-002 Person, elderly
BIH-2020-1-001 Personal autonomy
GER-2020-1-005 Personal data, automated processing
SLO-2020-1-002 Personal data, police
SLO-2020-1-001, SLO-2020-1-002 Personal data, processing
SLO-2020-1-002 Personal data, processing, legal basis
SLO-2020-1-002 Personal data, storage, access
ECH-2020-1-003 Personal data, storage, crime prevention
ECH-2020-1-003 Personal data, storage, prepaid mobile phone SIM-card
ECH-2020-1-003 Personal mobility
GER-2020-1-003 Personality, general right
GER-2020-1-005 Physical injury, compensation, date of stabilisation of illness
ECH-2020-1-007 Police, surveillance, drone
SLO-2020-1-001 Policy decision
KOR-2020-1-002 Political parties
MEX-2020-1-009 Political party, financing
LTU-2020-1-002 Political party, sole candidate
MEX-2020-1-006 Political view, expression
KOR-2020-1-003 Popular initiative
SUI-2020-1-002 Positive obligation, social welfare, children
CRO-2020-1-001 Practical effect
SUI-2020-1-001 Preliminary injunction
GER-2020-1-006 Preliminary ruling, national courts
ECJ-2020-1-001 Prison, correspondence, mail
SUI-2020-1-003 Privacy of correspondence, mail
SUI-2020-1-003 Procedure, participation, victim, law
SUI-2020-1-001 Prohibition of refoulement, status of refugees
ECH-2020-1-006 Prohibition, optical shop, optometrist, ophthalmologist, shop attendance
CHI-2020-1-001 Propaganda, electoral
MEX-2020-1-012 Propaganda, prohibition
MEX-2020-1-012 Protection of the existent health system
BIH-2020-1-001 Protection, judicial
AZE-2020-1-002 Public office, private interests, incompatibility
CZE-2020-1-001 Public servant
MEX-2020-1-013 Public service,
MEX-2020-1-013 Publicity material, dissemination, accountability
MEX-2020-1-003 Quasi-appeal, denial by prosecutor
KOR-2020-1-001 Rehabilitation, judicial, convicted person, reclassification
FRA-2020-1-003 Release, short, bonus periods
ITA-2020-1-004 Religion and ideology, neutrality of the state
GER-2020-1-002 Religion, church, state, separation
MEX-2020-1-008 Religion, clothing, restriction
GER-2020-1-002 Religion, freedom, negative
GER-2020-1-002 Religion, freedom, positive
GER-2020-1-002 Religion, headscarf, symbol
GER-2020-1-002 Religion, separation of church and state
MEX-2020-1-008 Remedy, effective
ECJ-2020-1-003 Rent, pricing, regulation
GER-2020-1-006 Res judicata, intersectoral
AZE-2020-1-001 Res judicata, intra-sectoral
AZE-2020-1-001 Res judicata, scope
AZE-2020-1-001 Residence, right, foreigner, age assessment
NOR-2020-1-001 Right to appeal, access to courts, administrative court, civil law
SWE-2020-1-002 Right to retain a defence counsel, suspect
KOR-2020-1-001 Right to visitation and communication, defence counsel
KOR-2020-1-001 Risk sharing, Eurosystem
GER-2020-1-008 Salary, reduction, compensation
BRA-2020-1-005 Sanitation, access, adequate
ECH-2020-1-008 Secularism, religious holidays
AUT-2020-1-001 Security risk
SUI-2020-1-003 Sexual orientation, incitement to hatred and violence, national authorities, duty to investigate
ECH-2020-1-001 Slander
MEX-2020-1-012 Social media
MEX-2020-1-006 Social reputation, undermine
KOR-2020-1-003 Social security
AZE-2020-1-002 Social state
KAZ-2020-1-001 Sovereign powers, conferral, review
GER-2020-1-004 Special power of attorney
RUS-2020-1-002 Sport, professional, suspension, disciplinary
ECH-2020-1-005 Standards, legal certainty
MKD-2020-1-001 Student, insurance, personal injury
SWE-2020-1-002 Suicide, assistance, criminal offence
GER-2020-1-005 Suicide, assisted
ITA-2020-1-003 Suicide, assisted, service
GER-2020-1-005 Support, financial
LTU-2020-1-003 Supreme court, judge, dismissal
UKR-2020-1-003 Temporary residence permit
SUI-2020-1-001 Transparency, administrative
MEX-2020-1-013 Transport safety
RUS-2020-1-003 Urban planning
ITA-2020-1-005 Vaccination, resulting illness
ECH-2020-1-007 Verdict, deliberation time
CAN-2020-1-001 Visitation request, lawyer
KOR-2020-1-001 Void-for-vagueness doctrine
KOR-2020-1-003 Voting, irregularity, effect on outcome of vote
SUI-2020-1-002 Warrant, detention
KOR-2020-1-001 Water, safe to drink, access, adequate
ECH-2020-1-008 Website, links, film, tv series, illegal access
NOR-2020-1-002 Witness testimony, preliminary procedure, submission of evidence at trial
FRA-2020-1-004 Worker, protection
KOR-2020-1-002 Worker’s rights, union, anti-union activities, breach, employer
CHI-2020-1-002 Working condition, standard
KOR-2020-1-002 Working hours, State public officials service regulations
KOR-2020-1-001