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e-Bulletin on Constitutional Case-Law
2020/3
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”)
May 2021
ARM-2020-3-001 a) Armenia / b) Constitutional Court / c) / d) 13.02.2018 / e) DCC-1565 / f) Conformity of Article 124.2 of the Administrative Procedure Code with the Constitution on the basis of the application of Nelik Vardanyan /
Article 124.2 of the Administrative Procedure Code shall not be interpreted in a way that may restrict the right of persons to judicial protection. In particular, it shall not restrict the possibility to present new evidence which may be significant for the fair resolution of the case.
While assessing the lawfulness of an administrative act, courts shall exercise judicial review over the... Read more
1.3.5.13
Constitutional Justice - Jurisdiction - The subject of review - Administrative acts.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
3.12
General Principles - Clarity and precision of legal provisions.
4.7.9
Institutions - Judicial bodies - Administrative courts.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
Administrative act, review, scope, lawfulness of decision, formal, material / Expert report, evidence.
AUT-2020-3-004 a) Austria / b) Constitutional Court / c) / d) 11.12.2020 / e) G 139/2019 / f) /
A right to free self-determination is to be derived from several constitutional guarantees, in particular the right to private life, the right to life, as well as the principle of equality. This right also extends to the freedom to end one’s own life. Where a person decides to end his or her own life, this decision must be respected by the State provided that it is based on the free will of the... Read more
5.2
Fundamental Rights - Equality.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
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.
Death, self-determined, right / Personal autonomy / Suicide, assistance, criminal offence / Suicide, assisted, service.
AUT-2020-3-005 a) Austria / b) Constitutional Court / c) / d) 11.12.2020 / e) G 4/2020 / f) /
A ban on wearing the Islamic headscarf at elementary schools violates the principle of equality in conjunction with the right to freedom of thought, conscience and religion. A provision that only affects a certain group of female students and that remains selective in order to ensure religious and ideological neutrality as well as gender equality fails to achieve its regulatory objective and is... 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.
Headscarf, prohibition / Religion, clothing, restriction / Religion, headscarf, symbol / Religion and ideology, neutrality of the state / Schools, wearing of veils, prohibition.
AZE-2020-3-005 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 18.09.2020 / e) / f) Request of the Balakan District Court /
The assignment of a punishment for the reoccurrence of a crime as provided under Articles 18 and 65 of the Criminal Code, shall not be regarded as a repeated punishment for a crime as prohibited by the principles of justice and humanism enshrined in Part II of Article 127 of the Constitution, Article 64 of the Constitution and Articles 8.1 and 9 of the Criminal Code. If an adequate assessment of... Read more
2.3.10
Sources - Techniques of review - Contextual interpretation.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.6.10.1.3
Institutions - Executive bodies - Liability - Legal liability - Criminal liability.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.14
Fundamental Rights - Civil and political rights -
Reoccurrence of crime, intent, punishment / drugs, psychotropic substances, illegal possession.
AZE-2020-3-006 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 16.10.2020 / e) / f) On Interpretation of Article 1243 of the Civil Code and Article 307.2.9 of the Civil Procedure Code in the context of Article 60 of the Constitution /
Articles 1243 of the Civil Code provides that an inherence can be accepted formally, through the involvement of the notary office, and informally, through the actual rule or management of the inherited property.
Article 307.2.9 of the Civil Procedure Code includes the possibility for court to consider cases of accepting an inheritance and determining the place of opening of an inheritance in a... Read more
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.33.2
Fundamental Rights - Civil and political rights - Right to family life - Succession.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Inheritance, acceptance, mortgage, heir, testator / Inheritance, third party interest.
BLR-2020-3-003 a) Belarus / b) Constitutional Court / c)
BEL-2020-3-007 a) Belgium / b) Constitutional Court / c) / d) 24.09.2020 / e) 114/2020 / f) / BEL-2020-3-008 a) Belgium / b) Constitutional Court / c) / d) 24.09.2020 / e) 122/2020 / f) / BEL-2020-3-009 a) Belgium / b) Constitutional Court / c) / d) 12.11.2020 / e) 144/2020, 162/2020 / f) /
BIH-2020-3-003 a) Bosnia and Herzegovina / b) Constitutional Court / c) Grand Chamber / d) 15.01.2020 / e) AP 5055/18 / f) / BIH-2020-3-004 a) Bosnia and Herzegovina / b) Constitutional Court / c) Grand Chamber / d) 23.06.2020 / e) AP 4436/19 / f) /
BRA-2020-3-020 a) Brazil / b) Supreme Court / c) Full Court / d) 06.05.2020 / e) Referendum of the Provisional Remedy on the Direct Action of Unconstitutionality ADI 6343 (ADI 6343/MC-Ref) / f) States and municipalities do not need Union authorisation to adopt measures to restrict locomotion in their territories during a pandemic / BRA-2020-3-021 a) Brazil / b) Supreme Court / c) Full Court / d) 18.06.2020 / e) Provisional Remedy on a Claim of Non-compliance with a Fundamental Precept 572 (ADPF 572/MC) / f) Investigation of "fake news" by the Supreme Court / BRA-2020-3-022 a) Brazil / b) Supreme Court / c) Full Court / d) 05.08.2020 / e) Referendum on the Provisional Remedy on Original Civil Action 3.359 (ACO 3359 MC-Ref) / f) Cash transfer cutbacks in the Bolsa Família Program shall be suspended while the state of public calamity resulting from the coronavirus pandemic remains / BRA-2020-3-023 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 05.08.2020 / e) Referendum on a Provisional Remedy on a Claim of Non-compliance with a Fundamental Precept 709 (ADPF 709/MC-Ref) / f) Protection of indigenous people against COVID-19 / BRA-2020-3-024 a) Brazil / b) Supreme Court / c) Full Court / d) 17.08.2020 / e) Referral of the Provisional Remedy in the Claim of Noncompliance with a Fundamental Precept 635 (ADPF 635/MC) / f) Police raids in Rio de Janeiro shantytowns are halted during the coronavirus pandemic, excluding exceptional cases / BRA-2020-3-026 a) Brazil / b) Supreme Court / c) Full Court / d) 02.09.2020 / e) Direct Action of Unconstitutionality 6362 (ADI 6362) / f) The requests for goods and services carried out by the states, municipalities and the Federal District to combat the new coronavirus are not subject to prior authorisation from the Ministry of Health / BRA-2020-3-027 a) Brazil / b) Supreme Court / c) Full Court / d) 09.10.2020 / e) Provisional Remedy on the Direct Action of Unconstitutionality 6475 (ADI 6475/MC) / f) Financial obligations and legislative competence / BRA-2020-3-028 a) Brazil / b) Supreme Court / c) Full Court / d) 26.11.2020 / e) Extraordinary Appeal 611874 (RE 611.874) and Extraordinary Appeal with Interlocutory Motion 1099099 (ARE 1099099) / f) Imperative of consciousness and alternative obligations / BRA-2020-3-029 a) Brazil / b) Supreme Court / c) Full Court / d) 17.12.2020 / e) Direct Action of Unconstitutionality 6.586 (ADI 6586) and General Repercussion in Extraordinary Appeal with Interlocutory Motion 1267878 (ARE 1267879/RG) / f) The State may compulsorily order citizens to submit to vaccination against Covid-19. Philosophical, moral, religious and existential convictions do not overlap with society's rights to protect itself with the adoption of compulsory vaccination /
CAN-2020-3-006 a) Canada / b) Supreme Court / c) / d) 16.10.2020 / e) 38505 / f) Fraser v. Canada (Attorney General) / CAN-2020-3-007 a) Canada / b) Supreme Court / c) / d) 05.11.2020 / e) 38613 / f) Quebec (Attorney General) v. 9147-0732 Québec inc. / CAN-2020-3-008 a) Canada / b) Supreme Court / c) / d) 20.11.2020 / e) 38585 / f) Ontario (Attorney General) v. G /
CRC-2020-3-002 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 30.10.2020 / e) 20872/2020 / f) /
ECH-2020-3-017 a) Council of Europe / b) European Court of Human Rights / c) Section I / d) 25.06.2020 / e) 52484/18 / f) Stavropoulos and others v. Greece / ECH-2020-3-018 a) Council of Europe / b) European Court of Human Rights / c) Section II / d) 04.08.2020 / e) 48756/14 / f) Tërshana v. Albania / ECH-2020-3-019 a) Council of Europe / b) European Court of Human Rights / c) Section I / d) 17.09.2020 / e) 62439/12 / f) Kotilainen and Others v. Finland / ECH-2020-3-020 a) Council of Europe / b) European Court of Human Rights / c) Section V / d) 08.10.2020 / e) 77400/14, 34532/15 and 34550/15 / f) Ayoub and Others v. France / ECH-2020-3-021 a) Council of Europe / b) European Court of Human Rights / c) Section IV / d) 13.10.2020 / e) 81114/17, 49716/18, 50913/18 ECH-2020-3-022 a) Council of Europe / b) European Court of Human Rights / c) Section V / d) 15.10.2020 / e) 37273/15, 40495/15 and 40913/15 / f) Akbay and Others v. Germany / ECH-2020-3-023 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 15.10.2020 / e) 80982/12/ f) Muhammad and Muhammad v. Romania / f) / ECH-2020-3-024 a) Council of Europe / b) European Court of Human Rights / c) Section IV / d) 20.10.2020 / e) 33139/13 / f) Napotnik v. Romania / ECH-2020-3-025 a) Council of Europe / b) European Court of Human Rights / c) Section I / d) 05.11.2020 / e) 31454/10 / f) cwik v. Poland / ECH-2020-3-026 a) Council of Europe / b) European Court of Human Rights / c) Section III / d) 17.11.2020 / e) 43987/16 and 889/19 / f) B and C v. Switzerland / ECH-2020-3-027 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 18.11.2020 / e) 54155/16 / f) Slovenia v. Croatia (dec.) / ECH-2020-3-028 a) Council of Europe / b) European Court of Human Rights / c) Section V / d) 01.12.2020 / e) 26374/18 / f) Guðmundur Andri Ástráðsson v. Iceland / ECH-2020-3-029 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 22.12.2020 / e) 68271/14 and 68273/14 / f) Gestur Jónsson and Ragnar Halldór Hall v. Iceland / ECH-2020-3-030 a) Council of Europe / b) European Court of Human Rights / c) Grande Chambre / d) 22.12.2020 / e) 14305/17 / f) Selahattin Demirtas v. Turkey (no. 2) /
CRO-2020-3-005 a) Croatia / b) Constitutional Court / c) / d) 24.06.2020 / e) U-I-1007/2012 CRO-2020-3-006 a) Croatia / b) Constitutional Court / c) / d) 24.06.2020 / e) U-III-3053/2018 CRO-2020-3-007 a) Croatia / b) Constitutional Court / c) / d) 14.09.2020 / e) U-I-1372/2020 CRO-2020-3-008 a) Croatia / b) Constitutional Court / c) / d) 14.09.2020 / e) U-I-1925/2020 / f) / CRO-2020-3-009 a) Croatia / b) Constitutional Court / c) / d) 14.09.2020 / e) U-II-3170/2020 CRO-2020-3-010 a) Croatia / b) Constitutional Court / c) / d) 20.10.2020 / e) U-I-4208/2020 / f) /
CYP-2020-3-001 a) Cyprus / b) Supreme Court / c) / d) 01.03.2019 / e) 6/18 / f) President of the Republic v. House of Representatives / CYP-2020-3-002 a) Cyprus / b) Supreme Court / c) / d) 10.04.2019 / e) 177/2018, 75/2019, 76/2019, 77/2019, 79/2019, 80/2019, 84/2019, 85/2019 / f) Cyprus Republic through the Finance Ministry and Other ?. XXX AVGOUSTI and Others /
CZE-2020-3-005 a) Czech Republic / b) Constitutional Court / c) Third Panel / d) 06.10.2020 / e) III. ÚS 1412/20 / f) The obligation to detect the "hate-related" motive of a criminal offence in the light of the right to effective investigation / CZE-2020-3-006 a) Czech Republic / b) Constitutional Court / c) Second Panel / d) 14.10.2020 / e) II. ÚS 4071/19 / f) Conflict between the right to defence and the duty of attorney-client privilege / CZE-2020-3-007 a) Czech Republic / b) Constitutional Court / c) Plenum / d) 03.11.2020 / e) II. ÚS 10/17 / f) Credit registries and data protection /
EST-2020-3-001 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 17.12.2019 / e) 5-19-40/36 / f) Review of the constitutionality of Article 64-1 clause 3-1) of the Minister of Justice Regulation no. 72 of 30 November 2000 on "Internal Prison Rules" / EST-2020-3-002 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 19.12.2019 / e) 5-18-7/8 / f) Review of the constitutionality of Narva City Council regulations and of failure to issue a legislative act /
ECJ-2020-3-014 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 08.09.2020 / e) C-265/19 / f) Recorded Artists Actors Performers / ECJ-2020-3-015 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 06.10.2020 / e) C-181/19 / f) Jobcenter Krefeld / ECJ-2020-3-016 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 06.10.2020 / e) C-623/17 / f) Privacy International / ECJ-2020-3-017 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 24.11.2020 / e) C-510/19 / f) Openbaar Ministerie (Forgery of documents) / ECJ-2020-3-018 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 17.12.2020 / e) C-336/19 / f) Centraal Israëlitisch Consistorie van België and Others / ECJ-2020-3-019 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 17.12.2020 / e) C-808/18 / f) Commission v. Hungry (Reception of applicants for international protection) /
FIN-2020-3-001 a) Finland / b) Supreme Administrative Court / c) / d) 18.09.2020 / e) 2030:97 / f) / FIN-2020-3-002 a) Finland / b) Supreme Administrative Court / c) / d) 25.11.2020 / e) 2020:124 / f) / FIN-2020-3-003 a) Finland / b) Supreme Court / c) / d) 22.09.2020 / e) 2020:68 / f) /
FRA-2020-3-011 a) France / b) Constitutional Council / c) / d) 02.10.2020 / e) 2020-858/859 QPC / f) Mr Geoffrey F. and another (Prisoner detention conditions) / FRA-2020-3-012 a) France / b) Constitutional Council / c) / d) 13.11.2020 / e) 2020-808 DC / f) Law authorising the extension of the health emergency and introducing various measures to manage the health crisis / FRA-2020-3-013 a) France / b) Constitutional Council / c) / d) 19.11.2020 / e) 2020-866 QPC / f) The company Getzner France (Civil proceedings not held in person against the backdrop of a health emergency) / FRA-2020-3-014 a) France / b) Constitutional Council / c) / d) 10.12.2020 / e) 2020-809 DC / f) Law on the conditions governing the marketing of certain plant protection products in the event of a health risk for sugar beet / FRA-2020-3-015 a) France / b) Constitutional Council / c) / d) 21.12.2020 / e) 2020-810 DC / f) Law on the planning of research over the years 2021 to 2030 and enacting miscellaneous provisions on research and higher education /
GER-2020-3-022 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 09.07.2020 / e) 1 BvR 2067/17, 1 BvR 423/18, 1 BvR 424/18 / f) Ban of association-specific signs / GER-2020-3-023 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the First Panel / d) 18.08.2020 / e) 1 BvR 1918/20 / f) Journalists’ access to interpretation in court proceedings / GER-2020-3-024 a) Germany / b) Federal Constitutional Court / c) First Chamber of the First Panel / d) 21.09.2020 / e) 1 BvR 2146/20, 1 BvR 2152/20 / f) Protest against A49 motorway / GER-2020-3-025 a) Germany / b) Federal Constitutional Court / c) First Chamber of the Second Panel / d) 25.09.2020 / e) 2 BvR 854/20 / f) Duty to investigate substantiated assertions / GER-2020-3-026 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 29.09.2020 / e) 1 BvR 1550/19 / f) 16th Amendment to the Atomic Energy Act / GER-2020-3-027 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 02.11.2020 / e) 1 BvR 2727/19 / f) Discriminatory statements and freedom of expression in the workplace / GER-2020-3-028 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 10.11.2020 / e) 1 BvR 3214/15 / f) Counter-Terrorism Database Act II / GER-2020-3-029 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 16.11.2020 / e) 2 BvQ 87/20 / f) Fitness for trial – concerns relating to the COVID-19 pandemic / GER-2020-3-030 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 18.11.2020 / e) 2 BvR 477/17 / f) State liability on the grounds of deployment of armed forces abroad / GER-2020-3-031 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 01.12.2020 / e) 2 BvR 1845/18, 2 BvR 2100/18 / f) Detention conditions in Romania II / GER-2020-3-032 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 17.08.1956 / e) 1 BvB 2/51 [Leading Case] / f) Prohibition of the KPD / GER-2020-3-033 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 16.01.1957 / e) 1 BvR 253/56 [Leading Case] / f) Elfes / GER-2020-3-034 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 15.01.1958 / e) 1 BvR 400/51 [Leading Case] / f) Lüth /
ITA-2020-3-013 a) Italy / b) Constitutional Court / c) / d) 26.06.2020 / e) 131/2020 / f) / ITA-2020-3-014 a) Italy / b) Constitutional Court / c) / d) 21.07.2020 / e) 158/2020 / f) / ITA-2020-3-015 a) Italy / b) Constitutional Court / c) / d) 30.07.2020 / e) 182/2020 / f) / ITA-2020-3-016 a) Italy / b) Constitutional Court / c) / d) 31.07.2020 / e) 186/2020 / f) /
JPN-2020-3-001 a) Japan / b) Supreme Court / c) Grand Bench / d) 23.01.2019 / e) (Ku)269/2018 / f) Case of special appeal to the Supreme Court against the ruling dismissing an appeal against the ruling dismissing a request for a change in the recognition of gender status /
KAZ-2020-3-002 a) Kazakhstan / b) Constitutional Council / c) / d) 15.12.2020 / e) 4 / f) /
LIE-2020-3-003 a) Liechtenstein / b) Constitutional Court / c) / d) 01.09.2020 / e) StGH 2019/095 / f) /
LTU-2020-3-008 a) Lithuania / b) Constitutional Court / c) / d) 30.07.2020 / e) KT135-N11/2020 / f) On the adoption of constitutional laws included in the list of constitutional laws / LTU-2020-3-009 a) Lithuania / b) Constitutional Court / c) / d) 28.08.2020 / e) KT152-N12/2020 / f) On the re-empowerment of the Government when more than half of the ministers are replaced / LTU-2020-3-010 a) Lithuania / b) Constitutional Court / c) / d) 11.09.2020 / e) KT166-A-N14/2020 / f) On mandatory membership of certified architects in the association of professional self-governance / LTU-2020-3-011 a) Lithuania / b) Constitutional Court / c) / d) 03.12.2020 / e) KT199-N16/2020 / f) On the obligation of a higher education institution to revoke the awarded higher education qualification /
MDA-2020-3-008 a) Moldova / b) Constitutional Court / c) Plenary / d) 08.10.2020 / e) 24 / f) Some provisions of Article 6.5 of Law no. 86 of 11 June 2020 on non-profit organisations (ban on providing services by non-profit organisations to electoral contestants during the election campaign) / MDA-2020-3-009 a) Moldova / b) Constitutional Court / c) Plenary / d) 29.10.2020 / e) 25 / f) On the constitutional review of certain provisions of Article 12.7 and 12.8 of the State Security Law no. 618 of 31 October 1995 (the authorities’ obligation to provide information to the Supreme Security Council) / MDA-2020-3-010 a) Moldova / b) Constitutional Court / c) Plenary / d) 10.11.2020 / e) 26 / f) On the constitutional review of some provisions of Article 453.1 of the Criminal Procedure Code, adopted by Law no. 122 of 14 March 2003 (grounds of appeal for annulment) / MDA-2020-3-011 a) Moldova / b) Constitutional Court / c) Plenary / d) 13.11.2020 / e) 27 / f) On the constitutional review of some provisions of Articles 55.3, 56.2, 60.4 and 63.4 of Law no. 200 of 16 June 2010 on the Regime of Foreigners in the Republic of Moldova (guarantees of the foreigner in case of expulsion) / MDA-2020-3-012 a) Moldova / b) Constitutional Court / c) Plenary / d) 26.11.2020 / e) 29 / f) On the constitutional review of Article 60 of Law on ensuring pensions for military servicemen and body control and troops of the internal affairs body no. 1544 of 23 June 1993 / MDA-2020-3-013 a) Moldova / b) Constitutional Court / c) Plenary / d) 17.12.2020 / e) 31 / f) On the constitutional review of certain provisions of Article 67.2 and 67.7 of the Enforcement Code no. 443 of 24 December 2004 (the moment of service of the bailiff’s documents to the addressee) /
NED-2020-3-002 a) The Netherlands / b) Supreme Court / c) Criminal chamber / d) 15.12.2020 / e) 19/04910 CW / f) /
NOR-2020-3-009 a) Norway / b) Supreme Court / c) Division / d) 22.12.2020 / e) HR-2020-2472-P / f) /
ROM-2020-3-003 a) Romania / b) Constitutional Court / c) / d) 16.12.2020 / e) 907/2020 / f) Decision no. 907 of 16 December 2020 concerning the objection of unconstitutionality of the provisions of Article 7.1.e of Law no. 1/2011, introduced by the Sole Article of the Law amending Article 7 of Law no. 1/2011 on National Education /
RUS-2020-3-006 a) Russia / b) Constitutional Court / c) / d) 03.11.2020 / e) 27 / f) / RUS-2020-3-007 a) Russia / b) Constitutional Court / c) / d) 25.12.2020 / e) 49-II / f) /
SRB-2020-3-003 a) Serbia / b) Constitutional Court / c) / d) 17.09.2020 / e) IUo-45/2020 / f) /
RSA-2020-3-001 a) South Africa / b) Constitutional Court / c) / d) 11.06.2020 / e) [2020] ZACC 11/ f) New Nation Movement NPC and Others v. President of the Republic of South Africa and Others / f) / RSA-2020-3-002 a) South Africa / b) Constitutional Court / c) / d) 17.06.2020 / e) CCT 294/18 / f) AB and Another v. Pridwin Preparatory School and Others / RSA-2020-3-003 a) South Africa / b) Constitutional Court / c) / d) 17.06.2020 / e) CCT 109/19 / f) Beadica 231 CC and Others v. Trustees for the Time Being of the Oregon Trust and Others / RSA-2020-3-004 a) South Africa / b) Constitutional Court / c) / d) 19.11.2020 / e) CCT 306-19 / f) Mahlangu v. Minister of Labour / RSA-2020-3-005 a) South Africa / b) Constitutional Court / c) / d) 27.11.2020 / e) CCT 201/19 / f) Economic Freedom Fighters and Another v. Minister of Justice and Correctional Services and Another / RSA-2020-3-006 a) South Africa / b) Constitutional Court / c) / d) 04.12.2020 / e) CCT 307/19 / f) Sonke Gender Justice NPC v. President of the Republic of South Africa and Others /
SUI-2020-3-005 a) Suisse / b) Federal Court / c) First Public Law Chamber / d) 24.09.2019 / e) 4A_179/2019 / f) A. v. Zurich Labour Court / SUI-2020-3-006 a) Suisse / b) Federal Court / c) Criminal Law Court / d) 04.12.2019 / e) 6B_690/2019 / f) A. v. Public Prosecutor’s Office of the Canton of Zurich / SUI-2020-3-007 a) Suisse / b) Federal Court / c) First Public Law Chamber / d) 18.12.2019 / e) 1B_115/2019 / f) A. v. Zurich Cantonal Police /
SWE-2020-3-010 a) Sweden / b) Supreme Administrative Court / c) / d) 06.11.2020 / e) 4414-20 / f) / SWE-2020-3-011 a) Sweden / b) Supreme Administrative Court / c) / d) 22.12.2020 / e) 3171-20 / f) /
TUR-2020-3-004 a) Turkey / b) Constitutional Court / c) First Section / d) 08.09.2020 / e) 2017/40199 / f) S. A. / TUR-2020-3-005 a) Turkey / b) Constitutional Court / c) First Section / d) 10.09.2020 / e) 2020/12 / f) Norm Review – Reviewing the provision of "… and demonstration marches shall not be held on intercity highways." of Law no. 2911 / TUR-2020-3-006 a) Turkey / b) Constitutional Court / c) Plenary / d) 08.10.2020 / e) 2018/24245 / f) Ayla Demir Isat /
UKR-2020-3-016 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 16.09.2020 / e) 11-r/2020 / f) Constitutionality of certain provisions of the Law on the National Anti-Corruption Bureau / UKR-2020-3-017 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 22.10.2020 / e) 12-r/2020 / f) Conformity of the provisions of Article 97.1.4 of the Law on the National Police with the Constitution / UKR-2020-3-018 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 27.10.2020 / e) 13-r/2020 / f) Constitutionality of specific provisions of the Law "On Prevention of Corruption", the Criminal Code with the Constitution /
GBR-2020-3-001 a) United Kingdom / b) Supreme Court / c) / d) 26.09.2019 / e) / f) D (A Child) / GBR-2020-3-002 a) United Kingdom / b) Supreme Court / c) / d) 13.11.2019 / e) / f) RR v. Secretary of State for Work and Pensions / GBR-2020-3-003 a) United Kingdom / b) Supreme Court / c) / d) 15.01.2021 / e) / f) The Financial Conduct Authority v. Arch Insurance (UK) Ltd and others; Hiscox Action Group v. Arch Insurance (UK) Ltd and others; Argenta Syndicate Management Ltd v. The Financial Conduct Authority and others; Royal & Sun Alliance Insurance Plc v. The Financial Conduct Authority and others; MS Amlin Underwriting Ltd v. The Financial Conduct Authority and others; Hiscox Insurance Company Ltd v. The Financial Conduct Authority and others; QBE UK Ltd v. The Financial Conduct Authority and others and Arch Insurance (UK) Ltd v. The Financial Conduct Authority and others / GBR-2020-3-004 a) United Kingdom / b) Supreme Court / c) / d) 12.02.2020 / e) / f) R (on the application of Jalloh (formerly Jollah)) v. Secretary of State for the Home Department / GBR-2020-3-005 a) United Kingdom / b) Supreme Court / c) / d) 25.03.2020 / e) / f) Elgizouli v. Secretary of State for the Home Department /
USA-2020-3-001 a) United States of America / b) Supreme Court / c) / d) 09.01.2017 / e) 16-67 / f) White v. Pauly / USA-2020-3-002 a) United States of America / b) Supreme Court / c) / d) 12.06.2017 / e) 15-1191 / f) Sessions v. Morales-Santana / USA-2020-3-003 a) United States of America / b) Supreme Court / c) / d) 19.06.2017 / e) 15-1194 / f) Packingham v. North Carolina / USA-2020-3-004 a) United States of America / b) Supreme Court / c) / d) 26.06.2017 / e) 15-577 / f) Trinity Lutheran Church v. Comer / USA-2020-3-005 a) United States of America / b) Supreme Court / c) / d) 19.06.2017 / e) 15-1293 / f) Matal v. Tam / USA-2020-3-006 a) United States of America / b) Supreme Court / c) / d) 26.06.2017 / e) 16-992 / f) Pavan v. Smith / USA-2020-3-007 a) United States of America / b) Supreme Court / c) / d) 27.06.2017 / e) 15-1262 / f) Cooper v. Harris /
Ed. 07.06.2021 11:25:07
The constitutional right to judicial protection does not rule out the possibility of using alternative dispute resolution mechanisms; mediation does not substitute for the existing jurisdictions but does enrich them. The law governing the use of mediation to settle international commercial disputes stipulates the legal mechanism for recognition and enforcement of international mediation... Read more
3.9
General Principles - Rule of law.
3.13
General Principles - Legality.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Review, constitutionality / Law, implementing, Convention on International Settlement Agreements Resulting from Mediation / Dispute, settlement / National courts, powers / Agreement, international, applicability.
The law requiring lawyers to inform the authorities that their clients had planned transactions involving money laundering or the financing of terrorism even where, on the lawyers’ advice, such clients had not gone ahead with the transactions is incompatible with the professional secrecy of lawyers and hence with the right to respect for private life enshrined in Article 8 ECHR and with the right... Read more
5.3.13.23.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Lawyer, role / Lawyer, professional secrecy / Money laundering, duty to provide information / Terrorism, financing, fight.
The principle of equality and non-discrimination and the right of individuals to lead their lives in keeping with human dignity, as enshrined in the Constitution, apply only to persons who have been born and are alive.
The law requiring doctors who refuse for personal reasons to terminate the pregnancies of women who so request to inform the women of such refusal at the earliest opportunity and... Read more
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
Pregnancy, voluntary termination / Child, unborn, protection / Human dignity / Conscientious objection, doctor.
In the case of individuals for whom such exposure involves a health risk, potential exposure to electromagnetic radiation can lead to a significant reduction in the existing degree of protection of the right to a healthy environment. For persons who are sensitive to electromagnetic fields, it may be necessary to limit as far as possible their exposure to such radiation. There can be no reasonable... Read more
3.11
General Principles - Vested and/or acquired rights.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Right to health, risk / Right to the protection of a healthy environment, reduction / Energy, meter / Waves, electromagnetic / Electrosensitivity, health risk.
The rejection of the request for extraordinary review in an administrative dispute, through analogous application of the Civil Procedure Code, which restricts the litigation capacity of a party to lodge a request for revision, amounted to the violation of the right to an effective legal remedy, in connection with the right of access to court. That is because such restriction is not prescribed in... Read more
3.22
General Principles - Prohibition of arbitrariness.
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.
Court decision, extraordinary review / Revision, request, party, litigation capacity / Dispute, administrative / Law, application, arbitrariness.
The refusal to pay to the appellant default interests on the amount of unlawfully collected taxes, which were refunded to the appellant by virtue of an administrative decision of the Indirect Taxation Authority, amounted to a violation of the appellant’s right to property.
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Property, deprivation / Property, deprivation, time period / Tax, unlawfulness, default interests, refund.
Within the scope of their competencies and in their respective territories, States and Municipalities can adopt measures to restrict intercity and local locomotion during a state of emergency resulting from the COVID-19 pandemic. In this case, there is no need for authorisation from the Ministry of Health to decree isolation, quarantine and other measures. The Union too is competent to enact the... Read more
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
1.6.8
Constitutional Justice - Effects - Influence on everyday life.
3.6.2
General Principles - Structure of the State - Regional State.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.8.4.1
Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID 19 / Decentralisation of powers, principle / Decentralisation, limits / Fundamental right, protection / Dispute, competence, central government, local government / Division of powers / Disease, infectious / State, duty, protection of life and safety / Executive, power, competences, scope / Freedom of movement of services / Freedom to travel / Freedom, movement / Freedom, restriction / Provisional Measure / Municipality, jurisdiction / Municipality, territory / Responsibility, authority / Responsibility, constitutional / Health, protection, effective / Health, public health, public interest / Territory, authority / Territory, entry, exit / Territory, self-government / Road traffic, laws and regulations / Road traffic, offense.
a. The Chief Justice of the Federal Supreme Court can launch an investigation in order to examine the occurrence of crimes against the Court’s and the Justices’ honour, as well as the personal integrity of the Justices. Such investigation should respect certain conditions. The inquiry must be monitored by the prosecution. The parties involved must have access, through counsel, to the documents... Read more
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
False denunciation, criminal proceedings, suspects / Freedom of expression, protection, scope / Freedom of expression, state, positive obligation / Freedom of expression, limitation, public peace, disturbance / Honour and dignity, defence / Honour, respect, right / Honour, state / Judiciary, Constitutional protection / Judiciary, deference.
The petitioners proved that, despite the high numbers of people enrolled in the Bolsa Família Program and who are residents of the Northeast Region, few were attended by that Program, compared to other states in the country. The federal government cannot treat its citizens in a discriminatory manner, due to the place of residence. To better eradicate poverty and promote equality among the... Read more
1.6.8
Constitutional Justice - Effects - Influence on everyday life.
3.6.2
General Principles - Structure of the State - Regional State.
3.21
General Principles - Equality.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19 / Disease, infectious / Dispute, competence, central government, local government / Equality before the law / Equality, equality of citizens before the law, general principle / Equality, inequality, human rights of others, impact / Equality, prohibition of discrimination / Equality of rights and obligations / Equality, violation / Executive, power, competences, scope / Fundamental right, protection / Health, effective protection / Health, public health, public interest / Responsibility, authority / Responsibility, constitutional / Social assistance, exclusion / Social assistance, entitlement, condition / Social assistance, reduction / Social assistance, right, condition / Social benefits and assistance, amount / Social protection, reduction / Social protection, right / Social protection, state / Social protection, systems / State, duty, protection of life and safety / State, social guarantee.
The Constitution grants professional associations the right to file claims directly before the Supreme Federal 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.
COVID-19 / Indigenous people, rights / Indigenous peoples, protection, COVID-19 / Indigenous rights.
Police raids in Rio de Janeiro´s shantytowns are halted as long as the state of public calamity resulting from the Covid-19 pandemic persists. Operations remain restricted to exceptional cases and must be informed and monitored by the state Prosecutor´s Office.
4.4.6.1.1.2
Institutions - Head of State - Status - Liability - Legal liability - Civil liability.
4.4.6.1.1.3
Institutions - Head of State - Status - Liability - Legal liability - Criminal liability.
4.4.6.1.2
Institutions - Head of State - Status - Liability - Political responsibility.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
COVID-19 / Police, act, death / Police, capacity to ensure safety / Police, firearm, use / Police, firearms, use, exceptional cases / Police, professional misconduct / Police, inability to secure public safety / Police officer, offence / Police, powers, force, use / Police, right to protection / Police, treatment, cruel, inhumane, degrading / Police, undercover operation / Police, undercover operation, abuse of process / Violence, public demonstration / Violence, threat, police, duty to protect.
The states, the municipalities, and the Federal District may take goods and services to combat the coronavirus pandemic. Such requisition does not rely on the Ministry of Health´s prior authorisation, although the unit of the Federation must duly reason the act and ground it on scientific evidence.
1.6.8
Constitutional Justice - Effects - Influence on everyday life.
3.6.2
General Principles - Structure of the State - Regional State.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19 / Fundamental right, equivalent protection / Dispute, competence, central government, local government / Division of powers / Disease, infectious / State, duty to protection fundamental rights and freedoms / Executive, power, competences, scope / Responsibility, authority / Responsibility, constitutional / Health, protection, effective / Health, public health, public interest.
A state law that suspends, for 90 days, the fulfilment of financial obligations that occur due to loans taken by public employees from state and municipalities, with the intent of mitigating the effects of the new coronavirus pandemic, is unconstitutional since only the Union can pass legislation regarding civil law and credit policy.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
4.8.4.1
Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
COVID-19 / Federation, legislature, powers, exceeding / Legislative competence, limits / Legislative power, limitation / Contract, legislative intervention / Credit / Bank, loan.
Under the terms of Article 5.VIII of the Federal Constitution, those who claim an imperative of conscience for religious belief may go through stages of a competitive civil-service examination on different dates and times from those provided for in the invitation, as long as it is a reasonable change which does not entail a disproportionate burden on the Public Administration, while preserving... Read more
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Conscientious objection, religious grounds / Conscientious objector, alternative service / Religion and ideology, neutrality of the state / Religion, conscience / Religion, secularism, principle / Religion, separation of church and state / Religion, State, neutrality / State, neutrality, religious.
Based on the existing division of competences between the different levels of government existing in Brazil, states, municipalities, and the Federal District have autonomy to carry out local compulsory vaccination campaigns against Covid-19, provided for in Law 13,979/2020. The Constitution protects the right of every citizen to maintain their philosophical, religious, moral, and existential... Read more
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
1.3.4.4
Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities.
1.6.8
Constitutional Justice - Effects - Influence on everyday life.
3.6.2
General Principles - Structure of the State - Regional State.
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.8.4.1
Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19 / Decentralisation, limits / Decentralisation of powers, principle / Disease, infectious / Dispute, competence, central government, local government / Executive, power, competences, scope / Fundamental right, protection / Health, effective protection / Health, public health, public interest / Municipality, competence / Power, division / Religion, separation of church and state / Responsibility, authority / Responsibility, constitutional / State, duty, protection of life and safety / Vaccination, infectious disease, obligatory / Vaccination, obligatory / Vaccination policies, competence distribution, Government, Parliament and Regions.
Under Section 15.1 of the Canadian Charter of Rights and Freedoms, "every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability." There is a breach, based on the... Read more
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
Discrimination, sex / Pension plan, retirement, service buy-back, discrimination.
Section 12 of the Canadian Charter of Rights and Freedoms, which guarantees the right not to be subjected to cruel and unusual treatment or punishment, does not protect corporations.
5.1.1.5
Fundamental Rights - General questions - Entitlement to rights - Legal persons.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Charter of rights, cruel and unusual punishment, corporation.
Section 15.1 of the Canadian Charter of Rights and Freedoms provides that "everyone is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination". Christopher’s Law, a statute in the province of Ontario, requires those who are either convicted or found not criminally responsible on account of mental disorder (hereinafter, "NCRMD")... Read more
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
Sex offender registry, discrimination, mental disorder.
The right of the defense and the right to a hearing is ordinarily arranged by having the defendant physically present. This allows an effective material defense. But in extraordinary cases such physical and direct presence may be substituted using technological means.
Judicial and penitentiary authorities are bound by the rights of the incarcerated to provide them with a legal course of... Read more
5.3.13.1.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.13.7
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
Right to be present at hearing / COVID-19 pandemic.
Manifest religion or belief.
Birth certificate revealing parents’ choice not to christen their child: violation.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
Birth certificate, christening, indication / Religion, right not to reveal.
Effective investigation.
Failure of authorities to react with special diligence in conducting a thorough investigation following acid attack against a woman: violation.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Woman, acid attack / Convention on the Elimination of All Forms of Discrimination against Women, General Recommendation no. 35 / Violence, gender-based / Gender-based violence, investigative measures, special diligence, requirement / Attack, gender motivated, suspicion / Investigation, effective.
Failure to preventively confiscate gun from student whose internet postings prior to committing school killings, while not containing specific threats, cast doubt on his fitness to safely possess firearm: violation.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
School shooting / Life, protection, duty to adopt regulations / Internet posting, threat, risk of committing life-threatening acts / Life, risk, real and immediate / Medical data, access, police, requirements / Firearm, possession / Firearm, seizure.
Freedom of association.
Dissolution of a paramilitary-type far-right association following violence and public-order disturbances by its members: no violation.
3.16
General Principles - Proportionality.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
Association, dissolution, deterrent effect / Association, publication, racist / Association, xenophobia / Negationist view / Education for democratic citizenship, threat / Association, hatred / Association, racial discrimination / Democracy, capable of defending itself / Public-order, disturbance / Militia, private / Discrimination, incitement / Hatred, incitement / Violence, incitement.
General prohibition of discrimination.
Alleged discrimination in final high school exams of pupils belonging to national minorities studying in their mother tongue: no violation.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.2.2.3
Fundamental Rights - Equality - Criteria of distinction - Ethnic origin.
Language, minority, exam / Language, official, exam / Minority, special needs / Minority, obligation to protect their security, identity and lifestyle / Language, minority, development.
Victim.
Relative of convict possessing moral interest in a potential Article 6 violation based on police incitement: preliminary objection dismissed
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Victim, potential / Compensation, potential / Police, crime, incitement / Crime, incitement, mitigating factor / Drugs, trafficking / Agent provocateur / Incitement, confession, link.
Procedural safeguards relating to expulsion of aliens
Expulsion on national security grounds decided by court on the basis of classified information not disclosed to applicants, without sufficient counterbalancing safeguards: violation
3.17
General Principles - Weighing of interests.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
National security / Foreigner, expulsion / Procedural protection, essence / Information, confidential / Expulsion, grounds, relevance / Expulsion, grounds; access / Foreigner, expulsion, representation / Expulsion, decision, authority, composition / Expulsion, appeal / Expulsion, necessity, plausible.
General prohibition of discrimination
Justified necessity of recalling applicant from diplomatic post abroad after announcing pregnancy: no violation
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
Pregnancy, international commitments / Pregnancy, treatment, difference.
Fair hearing.
Admission of evidence obtained through ill-treatment of a third party by private individuals, without involvement or acquiescence of State actors: violation
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
Evidence, obtention, ill-treatment, by third party / Torture, evidence.
Expulsion
Risk of and availability of protection against ill-treatment of a homosexual by non-State actors in Gambia insufficiently assessed: deportation would constitute a violation
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Homosexual, ill-treatment / Homosexual, expulsion / Homosexuality, identity / Homosexual act, criminalisation / Country report, underreporting / Sexual orientation, deportation, ill-treatment, risk / Foreigner, deportation, ill-treatment, risk.
Lack of jurisdiction to examine inter-State application vindicating the rights of a legal entity which does not qualify as "non-governmental"
1.2.1
Constitutional Justice - Types of claim - Claim by a public body.
1.4.9.1
Constitutional Justice - Procedure - Parties -
European Court of Human Rights, interstate application, admissibility / European Court of Human Rights, application, non-state actor / Procedural economy, principle / European Court of Human Rights, standing, state owned entity / Admissibility, narrow sense / Treaty, internal consistency / Treaty, human rights, logic / Victim, nature.
Tribunal established by law.
Participation of judge whose appointment was vitiated by undue executive discretion without effective domestic court review and redress: violation.
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
3.12
General Principles - Clarity and precision of legal provisions.
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
Judge, appointment, irregularity, gravity / Judge, appointment, interference, undue / Judge, appointment, evaluation committee / Tribunal, notion / Judge, appointment, merit / Judge, appointment, technical experience / Judge, appointment, moral integrity / Judge, non-professional, appointment, criteria / Judge, appointment, executive, influence, decisive / Domestic law, breach, manifest / Judge, appointment, political motives.
Criminal charge.
EUR 6,200 fine without possible imprisonment for defence counsels’ non-attendance at hearing not "criminal", despite absence of an upper statutory limit on its amount: inadmissible.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Criminal offence, nature, criteria / Court hearing, defence lawyer, absence, fine / Contempt of court / Fine, procedural / Fine, criminal, notion / Fine, disciplinary / Penalty, severity.
Free expression of the opinion of the people.
Member of parliament excluded from parliamentary proceedings as a result of his prolonged pre-trial detention without sufficient justification: violation.
Unforeseeable lifting member of parliament’s immunity and pre-trial detention on terrorist charges for political speeches: violation
Restrictions for unauthorised purposes.
Member of... Read more
4.5.3.4.3
Institutions - Legislative bodies - Composition - Term of office of members - End.
4.6.10.1.1
Institutions - Executive bodies - Liability - Legal liability - Immunity.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Parliament, member, pre-trial detention / Parliament, member, immunity, lifting / Terrorist charges / Parliament, member, terrorist charges / Pluralism, stifling / Terrorist organisation, armed, membership / Procedure of international investigation or settlement / Parliament, member, non-liability / Constitutional amendment, ad homines Constitutional amendment, one off / Parliament, immunity, removal, constitutional amendment.
By allowing the competent authorities to omit from the explanation of their decisions the reasons for denying foreigners a permit to enter and stay in the territory of the Republic of Croatia when such a denial is required to protect the interests of national security, Article 5.2 of the Aliens Act (hereinafter, "AA") provides for a limitation of the right to effective legal protection guaranteed... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
3.16
General Principles - Proportionality.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.1.4.3
Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Decision, administrative, judicial review / Decision, reasons, undisclosed / Foreigner, entry, residence / Foreigner, residence, permit, security impediment / Judicial protection, effective / National security, protection / Residence, permit, refusal, national security, access to reasons.
The decisions of the Supreme Judicial Council on the appointment of judges fall under the scope of the right to a reasoned decision, as a component part not just of the right to a fair trial, but also of the procedural aspect of the right to have access to any workplace and post under equal conditions.
The extent and detail in presenting the criteria and reasons that were decisive for the... Read more
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
State Judicial Council, decision, review / Judge, appointment, ranking difference.
The decision on whether certain measures to combat the COVID-19 pandemic/epidemic will be taken in application of Article 16 or Article 17 of the Constitution is in the exclusive domain of the Parliament.
Article 22.a of the Civil Protection System Act (hereinafter, "CPSA") in conjunction with Articles 3.2-3 and 47 of the Act on the Protection of the Population from Infectious Diseases... Read more
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.5.10
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.5.2
Institutions - Legislative bodies - Powers.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, disease, infectious, epidemic, pandemic / State, positive obligation / Protection, civil, headquarters, authority, executive / Headquarters, statutory authority, measures, issue / Disease, statutory measures, constitutional grounds, judicial control, constitutional control, legitimate aim, self-isolation / Law, constitutionality, formal / Public health / State, duty, protection.
The postponing of early elections or the revocation of the decision to call early local elections until the end of special circumstances (e.g. an infectious disease epidemic/pandemic), on results in their postponement until the end of such circumstances, and postponement in itself does not limit the right to vote nor the right to local self-government.
4.9
Institutions - Elections and instruments of direct democracy.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.6
Fundamental Rights - Civil and political rights - Electoral rights - Frequency and regularity of elections.
Election, local, early, suspension, special circumstances, COVID-19, infectious disease, epidemic / Self-government, local, right.
A decision on the mandatory use of face masks and a decision on the organisation of public transport which are proportionate to the aim to be achieved (protection of human health and life) in the context of a global pandemic outweigh the individual rights of citizens who are obliged to respect and act according to the measures taken by competent authorities to protect the life and health of the... Read more
2.1.1.4.6
Sources - Categories - Written rules - International instruments - European Social Charter of 1961.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.1.5
Fundamental Rights - General questions - Emergency situations.
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.
COVID-19, disease, infectious, epidemic, face mask / Degrading, treatment, severity, minimum / Healthcare, human dignity, preservation, precondition / Population, interest, life, human, protection / State, duty, protection, disease.
Any restriction to the exercise of rights and duties of MPs which belong to them under the Constitution must be objectively and reasonably justified. Article 293.a of the Standing Orders does not contain a justification for restricting MPs from attending sessions of Parliament and debating when there are technical possibilities for all MPs to vote regardless of whether they are in the Parliament... Read more
3.3.3
General Principles - Democracy - Pluralist democracy.
3.9
General Principles - Rule of law.
4.5.4.1
Institutions - Legislative bodies - Organisation - Rules of procedure.
4.5.4.3
Institutions - Legislative bodies - Organisation - Sessions.
Parliament, functioning, special, debate, time limits, restriction / Group, rights / Parliament, member, debating, voting, possibilities, technical, powers, restriction, rights, duties, restriction, attendance, procedure, constitutionality / Parliament, sessions, presence, restricted number.
A law on social insurance which extends the entitlement to a survivor’s (widower) pension to all survivor men irrespective of the date of their wives’ or cohabitants’ death is deemed to be unconstitutional on the basis of Article 80.2 of the Constitution.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Widower, survivor, pension / Pension, death, survivor, date / Equality, pay, pension.
Salary and pension cuts imposed by the government on civil servants during the 2013 economic crisis have been deemed constitutional on the basis that the right to property as enshrined in Article 23 of the Constitution does not extend to the specific amount of an individual’s wage.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
3.18
General Principles - General interest.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Supreme Court, Administrative Court, reversal / Salary, pension cuts / Financial, urgency / Dignified living conditions, applicant / Right to property, core.
The obligation to conduct an effective investigation stems from the European Convention on Human Rights – the right to life under Article 2 ECHR and the prohibition of torture and inhuman or degrading treatment under Article 3 ECHR. This obligation is, however, one of means, not results.
The constitutionally enshrined principle of presumption of innocence, the closely connected principle in... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
Offence, criminal, intent / Criminal offence, essential elements / Investigation, criminal / Investigation, effective, requirement / Persecution, racial, victim / Racial hatred.
In a situation where an attorney-at-law’s effective defence in a criminal trial requires violating attorney-client privilege, his or her right to defence under the Charter of Fundamental Rights and Freedoms will prevail over attorney-client privilege. Attorneys in such situations must respect the legitimate interests of their client and will be exempt from the duty of confidentiality only to the... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
4.7.15.1.4
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Status of members of the Bar.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.13.26
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to have adequate time and facilities for the preparation of the case.
Lawyer, ethics / Lawyer, professional secrecy / Criminal proceedings against lawyer.
The Consumer Protection Act contains provision for a comprehensive and detailed regulation of the terms and conditions under which sellers may obtain information on consumers’ creditworthiness without their consent. This legal regulation provides adequate safeguards against the disproportionate disclosure of consumers’ personal data. The provisions in question are in accordance with the... Read more
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.4.7
Fundamental Rights - Economic, social and cultural rights - Consumer protection.
Data, processing, authorised entities / Consumer creditworthiness, information, availability.
Article 3.1 of the Constitution requires that governmental authority is exercised solely pursuant to, and in conformity with, the Constitution and laws. Accordingly, all significant decisions concerning issues related to fundamental rights must be made by the legislature. It is only permissible to delegate matters that are within the legislature’s competence to the executive where there is a... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.13
General Principles - Legality.
4.5.6.1
Institutions - Legislative bodies - Law-making procedure - Right to initiate legislation.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Property, rights, limitations.
The basic principles of the Estonian Constitution include, amongst other things, the principles of the social state and human dignity. These principles are also expressed in constitutional social fundamental rights. The Constitution does not, however, prohibit the division of functions concerning the organisation of social welfare between state administration and local authorities. Local... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.13
General Principles - Legality.
4.5.6.1
Institutions - Legislative bodies - Law-making procedure - Right to initiate legislation.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Procedure, law-making.
Where phonograms are used in the European Union, Directive 2006/115 precludes a Member State from excluding from the performers entitled to a single equitable remuneration, performers who are nationals of States outside the EEA. In addition, reservations notified by third States pursuant to the World Intellectual Property Organisation Performances and Phonograms Treaty do not in themselves limit... Read more
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.4.12
Fundamental Rights - Economic, social and cultural rights - Right to intellectual property.
Copyright, limitation, only by law / Remuneration, fair, principle / Art, owner, rights, limitations.
The right of residence granted to the children of a (former) migrant worker in order to guarantee their right to access to education and, secondarily, to the parent caring for those children has its original source in the status of that parent as a worker. However, once acquired, that right becomes independent and can continue after the loss of that status. Persons having such a right of... Read more
3.5
General Principles - Social State.
3.26
General Principles - Fundamental principles of the Internal Market.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
Worker, migrant, rights, child, residence / Social protection, right.
The case-law of the Court of Justice (in particular the judgment in Tele2 Sverige and Watson and Others) on the retention of and access to personal data in the field of electronic communications sets out that Member States could not require providers of electronic communications services to retain traffic data and location data in a general and indiscriminate way. This has caused... Read more
3.5
General Principles - Social State.
3.16
General Principles - Proportionality.
3.26
General Principles - Fundamental principles of the Internal Market.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.36.2
Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications.
Personal data, protection / Private life, interference, proportionality / Personal data, retention, general and indiscriminate way.
The concept of ‘executing judicial authority’ is an autonomous concept of EU law and is not restricted to designating judges or courts. That concept also covers the judicial authorities which participate in the administration of criminal justice in that Member State, which act independently in the exercise of the responsibilities inherent in the execution of a European Arrest Warrant, in... Read more
3.3
General Principles - Democracy.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
European Arrest Warrant, non-execution, limitations / European Arrest Warrant, surrender procedures between Member States / Prosecutor, power / Prosecutor, independence / Effective Judicial Protection, Rights.
The principle that an animal should be stunned prior to being killed, laid down by Regulation no. 1099/2009, meets the main objective of the protection of animal welfare pursued by that regulation. In that regard, although the regulation permits the practice of ritual slaughter in accordance with which an animal may be killed without first being stunned, that form of slaughter is, however,... Read more
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Animal, protection / Animal, cruelty, prevention / Animal, ritual slaughter / Religion, ritual, slaughter.
The making of an application for international protection, prior to its registration, lodging and examination, is an essential step in the procedure for granting that protection and Member States cannot delay it unjustifiably. On the contrary, Member States must ensure that the persons concerned are able to make an application, including at the borders, as soon as they declare their wish of doing... Read more
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
National, third-country / Beneficiary, international protection / Return directive / Removal procedures / Detention, international zone.
A decision by a diocesan chapter to issue a caution against a minister of the Evangelical Lutheran Church of Finland for having officiated a marriage between a couple of the same sex, which was allowed under the Marriage Act but deemed by the chapter to be contrary to the obligations of priesthood and the ordination vow was not made unlawfully.
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
5.3.34
Fundamental Rights - Civil and political rights - Right to marriage.
Church matter / Marriage legislation, amendment / Same sex marriage / Priesthood, ordination, vows, conflict.
Questions had arisen over the impact of gold mining activity on the practice of the traditional Saami livelihood of reindeer herding in the context of granting an environmental and water resource management permit; the permit needed amending as otherwise substantial deterioration could occur to this particular livelihood.
2.1.1.4.9
Sources - Categories - Written rules - International instruments - International Covenant on Economic, Social and Cultural Rights of 1966.
5.5.5
Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights.
Environmental protection / Environmental and water resources, permit, management / Mechanised gold mining / Saami homeland, livelihoods, conditions / Reindeer herding / Impact, substantial deterioration, potential / Pollution.
The disbandment of an association is an intervention against the freedom of association and the freedom of speech. The rights of association and of speech are not absolute; under the restriction provisions in the European Convention on Human Rights, these rights may, in given circumstances, be restricted by statutory law.
The point of the prohibition is to prevent the type of abuse of human... Read more
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
Association, criminal aim / Association, prohibition / Right, abuse of.
It is for the judicial authorities and the administrative authorities to ensure that the deprivation of liberty of persons held in pre-trial custody is, under all circumstances, enforced with full respect for human dignity.
It is also for the competent authorities and courts to prevent and punish any acts that violate the dignity of a person held in pre-trial custody and to award compensation... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
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.
Prisoner, imprisonment, detention conditions / Application for a priority preliminary ruling on the issue of constitutionality, interpretation, Court of Cassation.
The Constitution does not preclude the possibility for the legislature to put in place rules to govern a health emergency. In this context, it is for the legislature to ensure that the objective of constitutional standing of protecting health is reconciled with the requirement to respect the rights and freedoms granted to all those who reside on French soil.
The measures provided for in relation... Read more
3.16
General Principles - Proportionality.
4.6.2
Institutions - Executive bodies - Powers.
4.6.6
Institutions - Executive bodies - Relations with judicial 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.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, chains of infection, identification, health data / Health emergency.
Having regard to the special health context arising in relation to the COVID-19 pandemic, in enabling the courts to apply procedures that do not involve hearings for certain types of civil disputes as a result of the health crisis, Article 8 of Order No. 2020-304 of 25 March 2020, as amended by Order No. 2020-595 of 20 May 2020, does not remove legal safeguards for the constitutional requirements... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.19
General Principles - Margin of appreciation.
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.
5.3.13.7
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Health emergency, civil procedure, hearing, absence / COVID-19, pandemic / Right to be heard, exchange of written documentation.
Having regard to Articles 1, 2 and 6 of the Environmental Charter, although the legislature is free, when adopting provisions on matters within its competence, to amend previous legislation or repeal it and, depending on the circumstances, replace it with other provisions, it must take account of the duty to contribute to the preservation and improvement of the environment referred to in Article... Read more
2.1.1.1.2
Sources - Categories - Written rules - National rules - Quasi-constitutional enactments.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.6.2
Institutions - Executive bodies - Powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Environmental Charter / Plant protection products, neonicotinoids, seeds / Biodiversity, effect, pollinating insects, birds, water, soil, quality.
The method for recruiting university professors provided for under Article 4 of the Law on the planning of research over the years 2021 to 2030 and enacting miscellaneous provisions on research and higher education does not violate the principle of equal access to public employment flowing from Article 6 of the 1789 Declaration of the Rights of Man and the Citizen or the fundamental principle of... Read more
4.6.8.1
Institutions - Executive bodies - Sectoral decentralisation - Universities.
4.6.9.1
Institutions - Executive bodies - The civil service - Conditions of access.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
Teacher, independence / University, professor, recruitment / Unrelated provisions.
1. Apart from a ban of an association pursuant to Article 9.2 of the Basic Law, less intrusive restrictions of the fundamental right of freedom of association are permissible where they serve legitimate purposes and the measures taken are appropriate.
2. The interference with the rights of the affected associations and their members arising from the ban of association-specific signs pursuant to... Read more
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
Association, prohibition / Association, signs, ban.
1. The applicants have a right to equal and real participation in opportunities for reporting on court proceedings. This derives from the general guarantee of the right to equality pursuant to Article 3.1 of the Basic Law in conjunction with the fundamental right to freedom of the press pursuant to the second sentence of Article 5.1 of the Basic Law. This right may be violated where journalists... Read more
5.2
Fundamental Rights - Equality.
5.3.22
Fundamental Rights - Civil and political rights - Freedom of the written press.
Criminal proceedings, formal course, order / Equal treatment, journalists / Court proceedings, interpreting / Courtroom, public health measures, establishment.
1. Where deferring to a decision in the principal proceedings would render the protection of fundamental rights futile, a constitutional complaint’s prospect of success must be taken into account in preliminary injunction proceedings pursuant to § 32.1 of the Federal Constitutional Court Act.
2. The guarantee of effective legal protection pursuant to the first sentence of Article 19.4 of the... Read more
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.5
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Suspensive effect of appeal.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Legal protection, effective, guarantee / Preliminary injunction.
1. Where a court does not address key aspects of what an interested party has asserted in respect of matters that are particularly relevant to the case, it can be inferred that the court failed to consider this assertion. This can amount to a violation of the right to be heard.
2. The right to effective legal remedy may be violated where a court of appeal imposes excessive requirements for the... Read more
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.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
Asylum proceedings, relevant matters, court duty to investigate / Asylum proceedings, slavery, assertions.
1. Only in special circumstances may the entry into force of a law be made subject to the fulfilment of a condition. The condition must be phrased with such clarity that there is no uncertainty as to its meaning; the time at which the provision becomes binding must be clear for everyone.
2. The determination of the date of entry into force may not be delegated; the fulfilment of the condition... Read more
3.12
General Principles - Clarity and precision of legal provisions.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Property, content and limits, determination / Property, guarantee, scope / Property, seizure, adequate compensation / Law, entry into force, condition, fulfilment, subject.
1. Labour law provisions are general laws that may restrict the fundamental right to freedom of expression (Article 5.1 of the Basic Law) within the meaning of Article 5.2 of the Basic Law.
2. If a statement violates human dignity, which is deemed inviolable under Article 1.1 of the Basic Law, freedom of expression must stand back. Human dignity is not open to any balancing with other... Read more
5.2.2.2
Fundamental Rights - Equality - Criteria of distinction - Race.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Employment contract, termination / Racist statement / Human dignity, inviolability.
1. Provisions authorising data sharing between police authorities and intelligence services must satisfy the special constitutional requirements deriving from the standard of a hypothetical recollection of data, which is applicable here in view of the principle of separation of police and intelligence data.
2. Within the framework of a joint counter-terrorism database for police authorities and... Read more
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Informational self-determination, right / Terrorism, fight, fundamental rights, protection, weighing / Counter-terrorism database / Data mining.
1. Where the state of health of an accused is so poor that they could lose their life or suffer serious damage to their health if criminal proceedings against them were continued, a tension arises between the state’s duty to ensure the proper functioning of the criminal justice system and the fundamental right to life and physical integrity of the accused pursuant to the first sentence of Article... Read more
1.4.4
Constitutional Justice - Procedure - Exhaustion of remedies.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
COVID-19, pandemic / Criminal justice system, functioning / Trial hearing, poor health, accused.
1. In principle, it is only the injured party’s home country – as the original subject of international law – that may assert a secondary-law claim against acts of another state that violate international law. There is no general rule of international law according to which individuals would be entitled to claim damages or compensation vis-à-vis the responsible state in the event of violations of... Read more
1.2.2.1
Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person.
2.1.1.4
Sources - Categories - Written rules - International instruments.
4.11.1
Institutions - Armed forces, police forces and secret services - Armed forces.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Humanitarian law, international / Armed Forces, deployment abroad, damages / Official duty, breach of, armed conflict.
1. When deciding legal matters that are fully determined under EU law, the fundamental rights of the Basic Law are not applicable as the direct standard of review. In principle, it is the EU fundamental rights that are relevant.
2. When interpreting the EU fundamental rights, it is necessary to draw on both the human rights guaranteed by the European Convention on Human Rights and specified by... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Surrender request, criminal courts, duty to investigate / Detention conditions, prison, personal space / European arrest warrant / Extradition, assurances, receiving state / Mutual legal assistance, EU Member States / Mutual recognition, EU Member States / Mutual trust, EU Member States.
1. The preamble of the Basic Law is primarily of political significance, but it also has legal significance. All state organs have a legal obligation to do their utmost to achieve German unity; all their measures must be directed towards this aim, and above all they must avoid anything that might legally prevent reunification, or render it de facto impossible.
2. Whether the Federal Government,... Read more
1.3.4.7.1
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Banning of political parties.
3.3
General Principles - Democracy.
4.5.10
Institutions - Legislative bodies - Political parties.
Party, political, participation, equality, right, prohibition / Constitutionality, establishment / Dissolution, jurisdiction, party, non-parliamentary, non-democratic.
1. Article 11 of the Basic Law does not encompass the freedom to leave the country.
2. The freedom to leave the country is derived from the general freedom of action and thus guaranteed under Article 2.1 of the Basic Law insofar as its exercise does not offend against the constitutional order.
3. The constitutional order within the meaning of Article 2.1 of the Basic Law includes the entirety... Read more
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
Action, freedom, general / Passport, issuing, obtain, right.
1. Fundamental rights are primarily defensive rights of the individual against the state. However, the fundamental rights of the Basic Law are also an expression of an objective order of constitutional values that amounts to a fundamental constitutional decision and therefore applies to all areas of law.
2. Private law provisions indirectly reflect the legal content of fundamental rights,... Read more
5.1.2
Fundamental Rights - General questions - Horizontal effects.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Rights, fundamental, law, private, application / Jurisdiction, constitutional, decisions, court, dispute, law, private / Ripple effect, rights, fundamental / Review, standard, decision, interpretation, error, manifest.
The regulation of the methods of implementation of the matters set out in Article 55 of the Third Sector Code is kept separate from that of the forms of involvement that community cooperatives, as such (i.e. when they do not qualify as third-sector bodies), may have with public entities: since the conceptual scope of the two systems can be traced back to different sources, they are not... Read more
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
1.5.4.1
Constitutional Justice - Decisions - Types - Procedural decisions.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
4.8.4
Institutions - Federalism, regionalism and local self-government - Basic principles.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Third sector / Co-planning, co-design and accreditation of measures of social utility / Methods of implementation / Cooperative, community.
It is not manifestly arbitrary of the legislator to give practical expression to the principles of the ability to pay taxes and, consequently, of tax equality, by identifying the assumptions for taxation only in the legal effects that can be inferred from the transaction contained in the contract submitted for registration, without considering elements found in another source.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
3.20
General Principles - Reasonableness.
4.10.7
Institutions - Public finances - Taxation.
4.10.7.1
Institutions - Public finances - Taxation - Principles.
5.2
Fundamental Rights - Equality.
5.3.42
Fundamental Rights - Civil and political rights - Rights in respect of taxation.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Principle of the ability to pay taxes / Tax, capacity to pay, principle / Contracts / Interpretation of instruments subject to registration tax / Relevance of extra-textual instruments and contracts linked to them.
It is necessary to ask the Court of Justice whether EU law must be interpreted as precluding national legislation that does not grant the childbirth allowance and the maternity allowance to foreign nationals who hold a single permit under Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011, benefits which are already granted to foreign nationals who hold a... Read more
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
3.5
General Principles - Social State.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Third-country nationals / Childbirth allowance and maternity allowance / Conditional upon the holding of a long-term resident’s EU residence permit.
In providing that individuals who are in actual fact resident within the municipal territory must not be registered in the residents’ register, the contested provision increases, rather than reduces, the problems associated with the monitoring of foreign nationals who are lawfully resident within the national territory, including for extended periods of time, pending a decision on their asylum... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.5
General Principles - Social State.
3.22
General Principles - Prohibition of arbitrariness.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.7
Fundamental Rights - Civil and political rights - Right to emigrate.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Residents’ register / Registration of foreigners / Residence permit.
Article 3.1.iv of the Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder is not in violation of Articles 13 and 14.1 of the Constitution.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Gender identity / Gender, change, recognition / Gender identity, determination / Gender reassignment, legal conditions / Invasion, bodily integrity / Physical integrity / Reproductive capacity.
It is not necessary for the constitution of Kazakhstan to be amended as a result of the ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.
2.1.1.4
Sources - Categories - Written rules - International instruments.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Criminal, responsibility, crime / Capital punishment, terrorism, war crimes.
Article 23.5.b of the Law of 23 September 2010 on National and Municipal Taxes (hereinafter, the "Tax Act") contravenes the EEA Agreement insofar as "quasi-residents" – employees who work, but do not live in Liechtenstein and whose income is almost exclusively taxed in Liechtenstein, not abroad – have to bear a higher surtax than residents.
4.10.7
Institutions - Public finances - Taxation.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
Residence, double taxation / Resident, quasi-resident, taxation, discrimination.
The provisions of the fundamental constitutional acts, which consolidated and implemented unamendable fundamental constitutional principles of independence, democracy, and the innate nature of human rights and freedoms, have supra-constitutional force and may not be denied by any constitution of the State of Lithuania.
Constitutional acts, specified in Art.150 of the Constitution, are a... Read more
1.3.5.3
Constitutional Justice - Jurisdiction - The subject of review - Constitution.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.1.2
Sources - Categories - Written rules - National rules - Quasi-constitutional enactments.
3.9
General Principles - Rule of law.
4.9.2
Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy.
Law, constitutional, amendment / Acts, constitutional, fundamental / Referendum, supra-constitutional force.
The Constitution enshrines parliamentary democracy. The parliament (Seimas) performs the classical functions of a legislature in a democratic state under the rule of law. Under the Constitution, the parliament exercises parliamentary control over the Government. The Constitution establishes the principle of the responsibility of the Government to the parliament.
The regulation governing... Read more
3.9
General Principles - Rule of law.
4.5.7.2
Institutions - Legislative bodies - Relations with the executive bodies - Questions of confidence.
Government programme / Re-empowerment, Government / Members of Government / Ministers / Governance, responsibility.
Article 35 of Constitution consolidates one of the fundamental rights of a citizen of a democratic state: the right to associate or freedom of association. The constitutional right of citizens to freely form associations is not absolute. It may be limited by law, but to no greater an extent than allowed by the Constitution itself, subject to a number of conditions. Those conditions are that any... Read more
3.9
General Principles - Rule of law.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Architects / Chamber, architects / Membership, association / Activity, professional, independence.
Schools of higher education must act in accordance with the Constitution and law. Their autonomy and the constitutional freedom of science and research guaranteed to them education are not absolute. The principle of the autonomy as it applies to such schools must be coordinated with: the principle of responsibility and accountability to society; other constitutional values; and, the duty imposed... Read more
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
5.4.21
Fundamental Rights - Economic, social and cultural rights - Scientific freedom.
Education, higher, quality / Freedom, research / Autonomy, universities / Ethics, academic / Ombudsperson, ethics, academic, procedure.
Commercial and non-profit organisations may be treated differently with regards to the provision of free services to election contestants during an election but not with regards to the provision of paid services.
General bans on the provision of paid services to electoral contestants during an election campaign by non-profit organisations, as provided in Article 6.5 of the Law on Non-Commercial... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
4.9.8.2
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign expenses.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Ban, electoral campaign, non-profit organisation, paid services, free services. / Percentage designation mechanism, non-profit organisations.
The obligation to provide "any other information" to the Supreme Security Council, as provided in Article 12.7 of the State Security Law, does not include clear limits, constitutes a source of legal uncertainty, does not meet the quality of law requirements and contravenes with Article 23.2 of the Constitution.
Article 23.2 of the Constitution implies that the legislator shall adopt accessible... Read more
1.1.4.4
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts.
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
4.7.1
Institutions - Judicial bodies - Jurisdiction.
4.7.8.1
Institutions - Judicial bodies - Ordinary courts - Civil courts.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
5.1.4.3
Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
State security, Supreme Security Council, secret information.
The right of access to a court may generally be subject to limitations, however, the limitations must not restrict the exercise of the right in its essence.
The uncertain wording of an extraordinary remedy in criminal proceedings followed by an interpretation which leads to a breach of the right to free access to justice is contrary to Articles 20 and 119 of the Constitution and Article 6... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
4.7.6
Institutions - Judicial bodies - Relations with bodies of international jurisdiction.
4.7.8
Institutions - Judicial bodies - Ordinary courts.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.2
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.
Criminal procedure, appeal for annulment.
Declaring a foreigner as undesirable on the grounds of national security without giving a summary of the reasons of the decision, which leads to their expulsion, as provided as a general rule in Articles 55.3 II and 56.2 II of the of the Law on the Regime of Foreigners, is insensitive to the particularities of certain cases, and violates the procedural rights of the foreigner guaranteed by... Read more
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.1.4.1
Fundamental Rights - General questions - Limits and restrictions - Non-derogable rights.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
5.3.13.12
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the decision.
Expulsion, foreigners, national interest, public security, undesirable person.
Article 60 of the Law on ensuring pensions for military servicemen and body control and troops of the internal affairs body, which provides that no pensions are established for the military servicemen and body control and troops of the internal affairs body, as well as civil servants with special status in the penitentiary administrative system, and in the General Inspectorate of Carabinieri, or... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
3.21
General Principles - Equality.
4.11.1
Institutions - Armed forces, police forces and secret services - Armed forces.
5.1.1.1.1
Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad.
5.1.1.4.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Military personnel.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
State, economic and financial difficulties, pension, non-payment / Pension, payment, dependence, residency.
Articles 67.2 and 67.7 of the Enforcement Code, which provide alternative methods of serving the bailiffs’ documents in case of absence of the addressee, are clear and predictable. Article 67 of the Enforcement Code includes sufficient procedural safeguards and can be challenged in court, and does not restrict the free access to justice as provided by Article 20 and 23 of the Constitution.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
4.7.4.2
Institutions - Judicial bodies - Organisation - Officers of the court.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Service of documents, bailiff, third parties, addressee absence, access to courts, time-limit / Article 67.2 and 67.7.
Limitations on the accessibility of court buildings to the public due to the Covid-19 pandemic do not imply that a court hearing was not held in public or that the judgment in the case was not public. The circumstances of the pandemic allow for certain temporary restrictions; adequate safeguards exist for the public accountability of the administration of justice.
5.3.13.9
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public hearings.
5.3.13.11
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public judgments.
COVID-19 / Court buildings, accessibility, Covid-19.
The constitutional provision on the right to a healthy environment gives citizens individual rights that may be invoked directly before the courts, when it comes to environmental issues that the legislature has not considered; this provision acts as a safety valve in that respect.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
5.1.2
Fundamental Rights - General questions - Horizontal effects.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
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.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Citizen, environmental issues, locus standi.
Regulatory developments reflected in the case-law of the Constitutional Court, the European Court of Human Rights and the Court of Justice of the European Union support and highlight the fact that gender identity/gender equality means more than biological sex/biological difference. They therefore combat gender stereotypes attached to the traditional approach to the roles of women and men in... Read more
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
5.4.21
Fundamental Rights - Economic, social and cultural rights - Scientific freedom.
Identity, gender.
Religious organisations are under no obligation to ensure free access to premises located within residential buildings or to display their official names outside the premises in question.
3.16
General Principles - Proportionality.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Religion, ceremony, participation / Places of worship, information signs.
The imposition of restrictions on freedom of movement during the pandemic has a constitutionally significant purpose and was dictated by the objective need to respond promptly to the extraordinary (unprecedented) danger of the spread of the coronavirus (COVID-2019).
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
COVID-19, coronavirus, infection / Freedom of movement, restriction / public health, protection, pandemic.
The rights regarding legal certainty in criminal law, included in Article 34 of the Constitution are non-derogable rights.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.14
Fundamental Rights - Civil and political rights -
COVID-19, state of emergency, measures / Derogation, measures, fundamental rights, competence to prescribe.
Questions had arisen over electoral legislation which, through its failure to make provision for independent candidates to contest national and provincial elections, infringed the right to stand for public office and was thus unconstitutional and invalid.
2.3.10
Sources - Techniques of review - Contextual interpretation.
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Public office, independent candidates / Interpretation, harmonious and generous.
The Constitution requires that an independent school terminate a parent contract only with appropriate justification and after following a fair process. While an independent school does not have a positive obligation to provide a basic education under Section 29.1.a of the Constitution, it does have a negative duty not to unreasonably impair or diminish a students’ ongoing education.
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
5.1.2
Fundamental Rights - General questions - Horizontal effects.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
5.4.8
Fundamental Rights - Economic, social and cultural rights - Freedom of contract.
School contract, termination / Negative constitutional obligations / Children, best interests / Public policy.
Public policy is considered when judicially enforcing contractual terms. Constitutional values do not provide a free-standing basis upon which a court may interfere in contractual relationships. Contracting parties cannot escape the enforcement of contractual terms on the basis that enforcement would be disproportionate or unfair in the circumstances.
3.10
General Principles - Certainty of the law.
3.20
General Principles - Reasonableness.
3.23
General Principles - Equity.
5.2.3
Fundamental Rights - Equality - Affirmative action.
5.4.8
Fundamental Rights - Economic, social and cultural rights - Freedom of contract.
Public policy / Lease agreement, renewal option / Black economic empowerment / Eviction / Constitutional values / Development, common law / Ubuntu / Pacta sunt servanda / Bargaining power, fairness.
The exclusion of domestic workers from the definition of "employee" in legislation governing compensation for occupational injuries and diseases is unconstitutional and invalid to the extent that it violates domestic workers’ rights of access to social security, equality, and human dignity. Discrimination against domestic workers constitutes indirect discrimination on the grounds of race, gender... Read more
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
1.6.5.2
Constitutional Justice - Effects - Temporal effect - Retrospective effect
2.1.1.4.12
Sources - Categories - Written rules - International instruments - Convention on the Elimination of all Forms of Discrimination against Women of 1979.
2.1.1.4.13
Sources - Categories - Written rules - International instruments - African Charter on Human and Peoples' Rights of 1981.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.2
Fundamental Rights - Equality - Criteria of distinction - Race.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Domestic worker, rights / Access to social security, scope / Reasonableness, review / Rights, socio-economic / Indirect discrimination, intersectional approach / Substantive equality / Transformative constitutionalism.
The criminalisation in legislation on riotous assemblies of incitement of others to commit "any offence" is overbroad and inconsistent with the constitutional right to freedom of expression. It is not reasonable and justifiable to limit free expression on the basis of the governmental objective of crime prevention by criminalising incitement of "any offence" in circumstances where the... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.20
General Principles - Reasonableness.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Statutory offence, incitement / Justification / Crime prevention / Legislative encroachment, permissible / Offences, minor or serious / Criminalisation, over-broad approach / Less restrictive means.
Under the Constitution, the State has a positive obligation to establish and maintain a correctional centre oversight mechanism that is independent. Questions had arisen over certain provisions of the legislation governing the correctional services, which failed to ensure an adequate level of independence of the Judicial Inspectorate.
1.1.1.2.3
Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Independence - Financial independence.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Correctional services, independence / Inmates, rights / International obligations.
Article 30.3 of the Federal Constitution; Article 54 of the Civil Procedure Code (hereinafter, the "CPC"); open justice; civil litigation.
The concept of a hearing, or court hearing, for the purposes of Article 54.1 of the CPC and Article 30.3 of the Federal Constitution respectively, does not cover settlement negotiations in a civil lawsuit in which the court participates as a mediator between... Read more
4.7.8.1
Institutions - Judicial bodies - Ordinary courts - Civil courts.
5.3.13.11
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public judgments.
Hearing in camera / Public hearing, principle / Court reporter, access, denied / Journalist, access to information / Justice, open / Media, journalism, restriction / Negotiations, in progress / Civil proceedings, open.
Article 66a.2 of the Criminal Code; Article 8 ECHR; expulsion, cases of hardship for foreign nationals who were born or have grown up in Switzerland, compatibility with treaty law.
To determine a case of hardship for the purpose of Article 66a.2 of the Criminal Code, it is not possible to use strict rules relating to the person’s age or a certain length of residence in Switzerland that would... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
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.
Criminal record / Conviction, criminal / Foreign national, right to private life, right to family life / Foreign national, expulsion / Foreign national, undesirable / Expulsion, offender / Expulsion, right to family life / Expulsion, foreign national, criminal / Expulsion, family relationship / Offence, criminal, gravity / Social integration.
Federal Constitution, Articles 7, 10.2, 10.3, 13.1 and 36.3; Article 3 ECHR; Criminal Procedure Code, Articles 197.1.c, 197.1.d, 241.4, 249 and 250; body search.
Without strong and specific indications of self-endangerment or a threat to others, a body search that requires an arrested person, prior to being placed in a cell, to undress and squat down so that a police officer can inspect their... Read more
3.16
General Principles - Proportionality.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.4.1
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Body search / Strip search during arrest.
The Government’s decision regarding the length of imprisonment for a person transferred to Sweden from another country to serve the remainder of a sentence, did not concern the transferred person’s civil rights or obligations in the meaning of Article 6.1 ECHR.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Transfer, sentence, imprisonment, length.
The Government’s decision to reject an appeal against a municipal decision not to regulate the use of snowmobiles in a specific area did not concern the applicants’ civil rights or obligations in the meaning of Article 6.1 ECHR.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Municipal decision, appeal.
Divorce proceedings must be concluded within a reasonable time. Where such proceedings are subject to significant delays that are not caused by the complainant, such as an inability to serve a divorce degree due to actions taken by the other party, the delay constitutes a violation of the right to marry.
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.
5.3.34
Fundamental Rights - Civil and political rights - Right to marriage.
Spouse, absence, divorce / Case documents, service, inability / Legal proceedings, divorce, duration.
The state cannot impose a blanket ban on demonstrations on intercity highways on the ground that they would disrupt traffic. Each case had to be assessed individually. In carrying out such an assessment, necessary steps had to be taken to ensure that a fair balance was struck between the right to demonstrate, public order and freedom to travel.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Protest, public highway, demonstration / Demonstration, blanket ban / Demonstrations, balance of interests.
An employer is not entitled to terminate an employee’s contract on the basis of unsubstantiated allegations of fact even though dismissal is based on a decree establishing a state of emergency.
4.18
Institutions - State of emergency and emergency powers.
5.2.1.2.1
Fundamental Rights - Equality - Scope of application - Employment - In private law.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Employer, employee, confidence / Confidence, breach of / Employment, dismissal / Dismissal, judicial review / Dismissal, state of emergency / State of emergency, applicability employee.
Legislative provisions that gave the Head of State the power to appoint and dismiss the Director of the National Anti-Corruption Bureau, and to appoint one member of the External Control Commission, had the potential to destabilise the system of checks and balances within state power and to undermine the constitutional order.
Summary
I. The applicants in this matter, a group of 50... Read more
3.4
General Principles - Separation of powers.
4.4.3
Institutions - Head of State - Powers.
4.4.3.2
Institutions - Head of State - Powers - Relations with the executive bodies.
National Anti-Corruption Bureau, power, executive.
Questions had arisen over the constitutionality of provisions of the legislation governing the national police force which related to one-off financial assistance in the case of the death or loss of ability to work of a policeman.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Monetary assistance, one-off, police officer, work, incapacity / Police officer, protection, social / Police, social right, exercise, non-discriminatory.
Certain provisions of the legislation governing the powers of the National Agency for the Prevention of Corruption are at odds with the principles of separation of powers, the independence of the judiciary and legal certainty.
Summary
I. The applicants in this matter, a group of 47 deputies, asked the Constitutional Court to declare Articles 11.1.6, 11.1.8, 12.1.1, 12.1.2, 12.1.6,... Read more
3.4
General Principles - Separation of powers.
3.10
General Principles - Certainty of the law.
4.7.4.1
Institutions - Judicial bodies - Organisation - Members.
National Agency for the Prevention of Corruption, judges, control / Judiciary, independence / Declaration, false information, penalty, constitutionality.
Article 5 ECHR protects children who lack the capacity to make decisions for themselves from being arbitrarily deprived of their liberty. It is not within the scope of parental responsibility to consent to living arrangements for a child aged 16 or older who lacked capacity which would otherwise amount to a deprivation of liberty within the meaning of Article 5 ECHR.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
3.9
General Principles - Rule of law.
5.3.5.1.2
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Child, parental rights / Child, deprivation of liberty, consent.
Where a local authority or tribunal found that a reduction in housing benefit would be unjustifiably discriminatory and would violate the recipient’s rights under the European Convention on Human Rights, it must disapply the reduction.
2.1.1.1.2
Sources - Categories - Written rules - National rules - Quasi-constitutional enactments.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
2.2.2
Sources - Hierarchy - Hierarchy as between national sources.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
Disability, benefit, reduction / Housing, benefit.
Severe acute respiratory syndrome coronavirus 2 ("COVID-19") and the restrictions imposed to respond to the resulting health emergency caused widespread business interruption in the UK. The present proceedings were brought by the UK Financial Conduct Authority (hereinafter, the "FCA"), one of the two UK financial services regulators, pursuant to an agreement made with leading insurance companies... Read more
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
3.25
General Principles - Market economy.
Insurance policies / COVID-19 / Test case.
False imprisonment is a civil wrong for which damages are, in principle, available. The commission of such a civil wrong will depend on whether the relevant actions constitute false imprisonment which is, in turn, defined by reference to common law principles.
While there is some similarity between the elements of the tort of false imprisonment, on the one hand, and deprivation of liberty under... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.2.1.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution - Hierarchy attributed to rights and freedoms.
4.6.2
Institutions - Executive bodies - Powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Imprisonment, false, unlawful / Damages, civil wrong / Use of Executive Powers.
The UK is party to international agreements which permit, subject to certain conditions, the provision of mutual legal assistance (hereinafter, "MLA") to executive and/or judicial agencies in other jurisdictions in the context of criminal investigations or proceedings. This includes jurisdictions in which the information provided could lead to the imposition of the death penalty.
English common... Read more
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
4.6.2
Institutions - Executive bodies - Powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Mutual assistance between States, criminal investigation or proceedings / Death penalty, imposition / Data protection, law, compliance.
An officer’s failure to shout a warning before firing in an ongoing confrontation does not violate an individual’s Fourth Amendment right to be free from the excessive use of force.
3.10
General Principles - Certainty of the law.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Police, brutality, police / Police, arm, use, warning / Force, excessive, standard of review.
Citizenship laws must not draw arbitrary distinctions regarding gender.
A different requirement for the children of U.S. citizen-mothers and U.S. citizen-fathers violates the equal protection guarantee in the Due Process Clause of the Fifth Amendment.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.8
Fundamental Rights - Civil and political rights - Right to citizenship or nationality.
Citizenship, application, parents, citizenship, equality / Due process, gender.
Social media platforms are a contemporary form of the traditional public forum, and citizens have a right to access and use them as a form of free speech.
Restrictions on free speech must be content-neutral, and they must be proportionate in the burden they pose to those who are affected by the restriction.
In cases of the most serious crimes, such as sexual abuse of a child, the legislature... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Social media platform, freedom of expression / Sex-offender, social media platform, access, ban / Sex-offender, freedom of expression / Child, sexual abuse, protection, interest.
Any law that burdens a religious institution’s practice is subject to strict scrutiny because the U.S. Constitution guarantees the free exercise of religion.
Benefits that are otherwise generally available may not be denied based on religious status.
States may pass laws that slightly hamper religious institutions in order to prevent the entanglement of church and state, provided that the laws... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Church and state, separation / Church, burden, scrutiny, strict / Benefit, generally available, discrimination, religious affiliation.
Prohibitions on offensive or disparaging remarks are unconstitutional violations of an individual’s First Amendment right to freedom of speech.
Registered trademarks are statements that belong to the applicant, and the State does not own the speech by approving a trademark application.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.4.12
Fundamental Rights - Economic, social and cultural rights - Right to intellectual property.
Slur, racial, disparagement, freedom of expression / Trademark, registration, freedom of expression.
The State must administer same-sex marriages "on the same terms and conditions as opposite-sex" marriages.
Laws regulating birth certificates must be applied to married same-sex couples in the same way that they are applied to married heterosexual couples.
A birth certificate naming the putative parents (as opposed to the biological parents) is guaranteed by the "constellation of benefits" that... Read more
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.2.2.12
Fundamental Rights - Equality - Criteria of distinction - Civil status.
5.3.34
Fundamental Rights - Civil and political rights - Right to marriage.
Marriage, same-sex, adoption, parent, registration / Registration, birth, non-biological parent.
The plaintiff in a racial gerrymandering case has no duty to produce an "alternate map" with improved racial balance.
Redrawing districts to concentrate a particular race in a particular district constitutes a racial gerrymander, which is unconstitutional.
Race cannot be the predominant factor when drawing voting districts, unless there is a narrowly-tailored and compelling interest for doing... Read more
3.3.1
General Principles - Democracy - Representative democracy.
4.9.4
Institutions - Elections and instruments of direct democracy - Constituencies.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.2.2.2
Fundamental Rights - Equality - Criteria of distinction - Race.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
Gerrymandering, racial, scrutiny, strict / Elections, constituency, drawing, racial balance / Gerrymandering, plaintiff, alternate map, improved racial balance, obligation.
1.1.1.2.3 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Independence - Financial independence. RSA-2020-3-006 1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts. MDA-2020-3-009 1.2.1 Constitutional Justice - Types of claim - Claim by a public body. ECH-2020-3-027 1.2.2.1 Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person. GER-2020-3-030 1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review. CRO-2020-3-007, MDA-2020-3-009 1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms. MDA-2020-3-009 1.3.4.3 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities. BRA-2020-3-029, ITA-2020-3-013 1.3.4.4 Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities. BRA-2020-3-029 1.3.4.7.1 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Banning of political parties. GER-2020-3-032 1.3.5.3 Constitutional Justice - Jurisdiction - The subject of review - Constitution. LTU-2020-3-008 1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law. ITA-2020-3-013, ITA-2020-3-014 1.3.5.10 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive. CRO-2020-3-007 1.3.5.13 Constitutional Justice - Jurisdiction - The subject of review - Administrative acts. ARM-2020-3-001 1.4.4 Constitutional Justice - Procedure - Exhaustion of remedies. GER-2020-3-029 1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi. ECH-2020-3-027 1.4.10.7 Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU. ITA-2020-3-015 1.5.4.1 Constitutional Justice - Decisions - Types - Procedural decisions. ITA-2020-3-013 1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality. ITA-2020-3-014, RSA-2020-3-002, RSA-2020-3-004 1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures. BRA-2020-3-020, GER-2020-3-024 1.6.5.2 Constitutional Justice - Effects - Temporal effect - Retrospective effect (ex tunc). RSA-2020-3-004 1.6.8 Constitutional Justice - Effects - Influence on everyday life. BRA-2020-3-020, BRA-2020-3-022, BRA-2020-3-026, BRA-2020-3-029 2.1.1.1 Sources - Categories - Written rules - National rules. ITA-2020-3-013 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. CYP-2020-3-001, CYP-2020-3-002, GER-2020-3-031, ITA-2020-3-014, ITA-2020-3-016, LTU-2020-3-008, NOR-2020-3-009 2.1.1.1.2 Sources - Categories - Written rules - National rules - Quasi-constitutional enactments. FRA-2020-3-014, GBR-2020-3-002, LTU-2020-3-008 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. CRO-2020-3-005, CYP-2020-3-001, CYP-2020-3-002, FRA-2020-3-014, GER-2020-3-031, ITA-2020-3-015 2.1.1.4 Sources - Categories - Written rules - International instruments. GER-2020-3-030, KAZ-2020-3-002 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. FRA-2020-3-011, FRA-2020-3-013, GBR-2020-3-001, GBR-2020-3-002, GBR-2020-3-004, MDA-2020-3-010 2.1.1.4.6 Sources - Categories - Written rules - International instruments - European Social Charter of 1961. CRO-2020-3-009 2.1.1.4.9 Sources - Categories - Written rules - International instruments - International Covenant on Economic, Social and Cultural Rights of 1966. FIN-2020-3-002 2.1.1.4.12 Sources - Categories - Written rules - International instruments - Convention on the Elimination of all Forms of Discrimination against Women of 1979. RSA-2020-3-004 2.1.1.4.13 Sources - Categories - Written rules - International instruments - African Charter on Human and Peoples' Rights of 1981. RSA-2020-3-004 2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000. CRO-2020-3-005, CYP-2020-3-002, ECJ-2020-3-018 2.1.3.1 Sources - Categories - Case-law - Domestic case-law. GBR-2020-3-001, GBR-2020-3-002, GBR-2020-3-003, GBR-2020-3-005, GER-2020-3-031 2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights. GBR-2020-3-001, GBR-2020-3-002, GER-2020-3-031 2.1.3.2.2 Sources - Categories - Case-law - International case-law - Court of Justice of the European Union. CRO-2020-3-005, GER-2020-3-031 2.2.1.5 Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments. GBR-2020-3-002 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-2020-3-031 2.2.2 Sources - Hierarchy - Hierarchy as between national sources. GBR-2020-3-002 2.2.2.1.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution - Hierarchy attributed to rights and freedoms. GBR-2020-3-004 2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation. ARM-2020-3-001, FRA-2020-3-011, ITA-2020-3-013, ITA-2020-3-014, RSA-2020-3-006 2.3.10 Sources - Techniques of review - Contextual interpretation. AZE-2020-3-005, RSA-2020-3-001 3.3 General Principles - Democracy. ECJ-2020-3-017, GER-2020-3-032 3.3.1 General Principles - Democracy - Representative democracy. USA-2020-3-007 3.3.3 General Principles - Democracy - Pluralist democracy. CRO-2020-3-010 3.4 General Principles - Separation of powers. ECH-2020-3-028, UKR-2020-3-016, UKR-2020-3-018 3.5 General Principles - Social State. ECJ-2020-3-015, ECJ-2020-3-016, ITA-2020-3-015, ITA-2020-3-016 3.6.2 General Principles - Structure of the State - Regional State. BRA-2020-3-020, BRA-2020-3-022, BRA-2020-3-026, BRA-2020-3-029 3.7 General Principles - Relations between the State and bodies of a religious or ideological nature. AUT-2020-3-005, BRA-2020-3-029, FIN-2020-3-001, MDA-2020-3-008, USA-2020-3-004 3.9 General Principles - Rule of law. BLR-2020-3-003, CRO-2020-3-007, CRO-2020-3-010, CZE-2020-3-007, ECH-2020-3-028, GBR-2020-3-001, LTU-2020-3-008, LTU-2020-3-009, LTU-2020-3-010 3.10 General Principles - Certainty of the law. MDA-2020-3-009, MDA-2020-3-010, MDA-2020-3-013, RSA-2020-3-003, UKR-2020-3-018, USA-2020-3-001 3.11 General Principles - Vested and/or acquired rights. BEL-2020-3-009 3.12 General Principles - Clarity and precision of legal provisions. ARM-2020-3-001, BIH-2020-3-004, ECH-2020-3-028, EST-2020-3-001, EST-2020-3-002, GER-2020-3-026, MDA-2020-3-009, MDA-2020-3-010, MDA-2020-3-013 3.13 General Principles - Legality. BLR-2020-3-003, CRO-2020-3-009, EST-2020-3-001, EST-2020-3-002 3.16 General Principles - Proportionality. BIH-2020-3-004, CRO-2020-3-005, CRO-2020-3-007, CRO-2020-3-009, CZE-2020-3-005, CZE-2020-3-006, CZE-2020-3-007, ECH-2020-3-020, ECJ-2020-3-016, FRA-2020-3-012, FRA-2020-3-014, MDA-2020-3-008, MDA-2020-3-009, MDA-2020-3-012, RSA-2020-3-005, RUS-2020-3-006, RUS-2020-3-007, SUI-2020-3-006, SUI-2020-3-007, USA-2020-3-003 3.17 General Principles - Weighing of interests. AUT-2020-3-005, AZE-2020-3-005, CRO-2020-3-007, CRO-2020-3-009, CZE-2020-3-005, CZE-2020-3-006, CZE-2020-3-007, ECH-2020-3-023, ECH-2020-3-028, FRA-2020-3-014, MDA-2020-3-008, MDA-2020-3-011, MDA-2020-3-012, RSA-2020-3-005, SUI-2020-3-006, USA-2020-3-003 3.18 General Principles - General interest. AZE-2020-3-005, CRO-2020-3-007, CRO-2020-3-009, CYP-2020-3-002, CZE-2020-3-007, FRA-2020-3-014, MDA-2020-3-009, MDA-2020-3-011, RUS-2020-3-007, SUI-2020-3-006 3.19 General Principles - Margin of appreciation. ECH-2020-3-028, FRA-2020-3-013, MDA-2020-3-012 3.20 General Principles - Reasonableness. ITA-2020-3-014, RSA-2020-3-003, RSA-2020-3-005 3.21 General Principles - Equality. BRA-2020-3-022, MDA-2020-3-012 3.22 General Principles - Prohibition of arbitrariness. BIH-2020-3-003, ITA-2020-3-016 3.23 General Principles - Equity. RSA-2020-3-003 3.25 General Principles - Market economy. GBR-2020-3-003 3.26 General Principles - Fundamental principles of the Internal Market. ECJ-2020-3-015, ECJ-2020-3-016 4.4.3 Institutions - Head of State - Powers. UKR-2020-3-016 4.4.3.2 Institutions - Head of State - Powers - Relations with the executive bodies. UKR-2020-3-016 4.4.3.4 Institutions - Head of State - Powers - Promulgation of laws. BRA-2020-3-025 4.4.6.1.1 Institutions - Head of State - Status - Liability - Legal liability. BRA-2020-3-025 4.4.6.1.1.2 Institutions - Head of State - Status - Liability - Legal liability - Civil liability. BRA-2020-3-024 4.4.6.1.1.3 Institutions - Head of State - Status - Liability - Legal liability - Criminal liability. BRA-2020-3-024 4.4.6.1.2 Institutions - Head of State - Status - Liability - Political responsibility. BRA-2020-3-024 4.5.2 Institutions - Legislative bodies - Powers. CRO-2020-3-007 4.5.3.4.3 Institutions - Legislative bodies - Composition - Term of office of members - End. ECH-2020-3-030 4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure. CRO-2020-3-010 4.5.4.3 Institutions - Legislative bodies - Organisation - Sessions. CRO-2020-3-010 4.5.6.1 Institutions - Legislative bodies - Law-making procedure - Right to initiate legislation. EST-2020-3-001, EST-2020-3-002 4.5.7.2 Institutions - Legislative bodies - Relations with the executive bodies - Questions of confidence. LTU-2020-3-009 4.5.8 Institutions - Legislative bodies - Relations with judicial bodies. MDA-2020-3-009 4.5.10 Institutions - Legislative bodies - Political parties. GER-2020-3-032 4.6.2 Institutions - Executive bodies - Powers. FRA-2020-3-012, FRA-2020-3-014, GBR-2020-3-004, GBR-2020-3-005 4.6.3.2 Institutions - Executive bodies - Application of laws - Delegated rule-making powers. CRO-2020-3-007 4.6.6 Institutions - Executive bodies - Relations with judicial bodies. FRA-2020-3-012, MDA-2020-3-009, MDA-2020-3-011 4.6.8.1 Institutions - Executive bodies - Sectoral decentralisation - Universities. FRA-2020-3-015 4.6.9.1 Institutions - Executive bodies - The civil service - Conditions of access. FRA-2020-3-015 4.6.10.1.1 Institutions - Executive bodies - Liability - Legal liability - Immunity. ECH-2020-3-030 4.6.10.1.3 Institutions - Executive bodies - Liability - Legal liability - Criminal liability. AZE-2020-3-005 4.7.1 Institutions - Judicial bodies - Jurisdiction. MDA-2020-3-009 4.7.4.1 Institutions - Judicial bodies - Organisation - Members. UKR-2020-3-018 4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment. CRO-2020-3-006 4.7.4.2 Institutions - Judicial bodies - Organisation - Officers of the court. MDA-2020-3-013 4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction. MDA-2020-3-010 4.7.8 Institutions - Judicial bodies - Ordinary courts. MDA-2020-3-010 4.7.8.1 Institutions - Judicial bodies - Ordinary courts - Civil courts. MDA-2020-3-009, SUI-2020-3-005 4.7.9 Institutions - Judicial bodies - Administrative courts. ARM-2020-3-001 4.7.15.1.4 Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Status of members of the Bar. CZE-2020-3-006 4.8.1 Institutions - Federalism, regionalism and local self-government - Federal entities. BRA-2020-3-020, BRA-2020-3-022, BRA-2020-3-026, BRA-2020-3-027, BRA-2020-3-029, MDA-2020-3-009 4.8.3 Institutions - Federalism, regionalism and local self-government - Municipalities. BRA-2020-3-020, BRA-2020-3-029, EST-2020-3-002 4.8.4 Institutions - Federalism, regionalism and local self-government - Basic principles. ITA-2020-3-013 4.8.4.1 Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy. BRA-2020-3-020, BRA-2020-3-027, BRA-2020-3-029 4.9 Institutions - Elections and instruments of direct democracy. CRO-2020-3-008 4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy. LTU-2020-3-008 4.9.4 Institutions - Elections and instruments of direct democracy - Constituencies. USA-2020-3-007 4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility. RSA-2020-3-001 4.9.8.2 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign expenses. MDA-2020-3-008 4.10.7 Institutions - Public finances - Taxation. ITA-2020-3-014, LIE-2020-3-003 4.10.7.1 Institutions - Public finances - Taxation - Principles. ITA-2020-3-014 4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces. GER-2020-3-030, MDA-2020-3-012 4.11.2 Institutions - Armed forces, police forces and secret services - Police forces. BRA-2020-3-024, ECJ-2020-3-016, UKR-2020-3-017, USA-2020-3-001 4.18 Institutions - State of emergency and emergency powers. FRA-2020-3-012, FRA-2020-3-013, SRB-2020-3-003, TUR-2020-3-006 5.1.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad. MDA-2020-3-012 5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners. CRO-2020-3-005, ECJ-2020-3-015, ECJ-2020-3-016, ITA-2020-3-015, ITA-2020-3-016, MDA-2020-3-011, SUI-2020-3-006 5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status. ECJ-2020-3-019 5.1.1.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons. BEL-2020-3-008, GER-2020-3-030 5.1.1.4.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Military personnel. MDA-2020-3-012 5.1.1.5 Fundamental Rights - General questions - Entitlement to rights - Legal persons. CAN-2020-3-007 5.1.2 Fundamental Rights - General questions - Horizontal effects. GER-2020-3-034, NOR-2020-3-009, RSA-2020-3-002 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. BEL-2020-3-009, ECH-2020-3-018, ECH-2020-3-019, ECH-2020-3-021, RSA-2020-3-006 5.1.4 Fundamental Rights - General questions - Limits and restrictions. CRO-2020-3-007, ECH-2020-3-023, ECJ-2020-3-014, FIN-2020-3-003, FRA-2020-3-012, FRA-2020-3-013, FRA-2020-3-014, MDA-2020-3-012, SRB-2020-3-003, SUI-2020-3-007 5.1.4.1 Fundamental Rights - General questions - Limits and restrictions - Non-derogable rights. MDA-2020-3-011 5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation. MDA-2020-3-011, RSA-2020-3-002, RSA-2020-3-005 5.1.4.3 Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation. CRO-2020-3-005, MDA-2020-3-009 5.1.5 Fundamental Rights - General questions - Emergency situations. CRO-2020-3-007, CRO-2020-3-008, CRO-2020-3-009, FRA-2020-3-012, FRA-2020-3-013 5.2 Fundamental Rights - Equality. AUT-2020-3-004, GER-2020-3-023, ITA-2020-3-014 5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment. FRA-2020-3-015 5.2.1.2.1 Fundamental Rights - Equality - Scope of application - Employment - In private law. TUR-2020-3-006 5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security. GBR-2020-3-002, ITA-2020-3-015, ITA-2020-3-016 5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections. USA-2020-3-007 5.2.2 Fundamental Rights - Equality - Criteria of distinction. LIE-2020-3-003, MDA-2020-3-008, MDA-2020-3-012 5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender. CAN-2020-3-006, CYP-2020-3-001, ECH-2020-3-018, ECH-2020-3-024, ROM-2020-3-003, RSA-2020-3-004, USA-2020-3-002 5.2.2.2 Fundamental Rights - Equality - Criteria of distinction - Race. GER-2020-3-027, RSA-2020-3-004, USA-2020-3-007 5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin. ECH-2020-3-021 5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality. CRO-2020-3-005, ITA-2020-3-016, USA-2020-3-002 5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion. AUT-2020-3-005, ECH-2020-3-017, USA-2020-3-004 5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability. CAN-2020-3-008, GBR-2020-3-002 5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation. ROM-2020-3-003, USA-2020-3-006 5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status. USA-2020-3-006 5.2.3 Fundamental Rights - Equality - Affirmative action. RSA-2020-3-003 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. BRA-2020-3-023, CRO-2020-3-009, FRA-2020-3-011, GER-2020-3-027, GER-2020-3-031, ROM-2020-3-003, RSA-2020-3-004, SUI-2020-3-007 5.3.2 Fundamental Rights - Civil and political rights - Right to life. AUT-2020-3-004, BEL-2020-3-008, BRA-2020-3-020, BRA-2020-3-022, BRA-2020-3-023, BRA-2020-3-024, BRA-2020-3-025, BRA-2020-3-026, BRA-2020-3-029, CRO-2020-3-007, ECH-2020-3-018, ECH-2020-3-019, GER-2020-3-029, KAZ-2020-3-002, MDA-2020-3-011, NOR-2020-3-009 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. CAN-2020-3-007, CZE-2020-3-005, ECH-2020-3-025, ECH-2020-3-026, FRA-2020-3-011, GER-2020-3-031, MDA-2020-3-011, SUI-2020-3-007, USA-2020-3-001 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. BRA-2020-3-024, GER-2020-3-029 5.3.4.1 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments. SUI-2020-3-007 5.3.5 Fundamental Rights - Civil and political rights - Individual liberty. SUI-2020-3-007 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. ECJ-2020-3-017, ECJ-2020-3-019, GBR-2020-3-004, GBR-2020-3-005, RSA-2020-3-006 5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures. GBR-2020-3-001 5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial. FRA-2020-3-011 5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement. CRO-2020-3-007, GER-2020-3-033, LIE-2020-3-003, RUS-2020-3-007, SRB-2020-3-003 5.3.7 Fundamental Rights - Civil and political rights - Right to emigrate. ITA-2020-3-016 5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality. USA-2020-3-002 5.3.9 Fundamental Rights - Civil and political rights - Right of residence. CRO-2020-3-005, ECJ-2020-3-015, ECJ-2020-3-016, SUI-2020-3-006 5.3.11 Fundamental Rights - Civil and political rights - Right of asylum. ECJ-2020-3-019, ITA-2020-3-016 5.3.12 Fundamental Rights - Civil and political rights - Security of the person. BRA-2020-3-024, BRA-2020-3-025, MDA-2020-3-011 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. ECH-2020-3-022, GER-2020-3-025 5.3.13.1.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings. CRC-2020-3-002 5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings. AZE-2020-3-006, BLR-2020-3-003 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. AZE-2020-3-005, CRC-2020-3-002, ECH-2020-3-029, MDA-2020-3-010 5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings. ARM-2020-3-001, MDA-2020-3-011 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. BIH-2020-3-003, BLR-2020-3-003, CRO-2020-3-005, CRO-2020-3-007, CZE-2020-3-006, FRA-2020-3-011, GER-2020-3-024, GER-2020-3-025, MDA-2020-3-010 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. BIH-2020-3-003, ECJ-2020-3-019, GER-2020-3-030, MDA-2020-3-010, MDA-2020-3-013, SWE-2020-3-010, SWE-2020-3-011 5.3.13.5 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Suspensive effect of appeal. GER-2020-3-024 5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing. CRC-2020-3-002, GER-2020-3-025 5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice. CRC-2020-3-002, FRA-2020-3-013 5.3.13.9 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public hearings. NED-2020-3-002 5.3.13.11 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public judgments. NED-2020-3-002, SUI-2020-3-005 5.3.13.12 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the decision. MDA-2020-3-011 5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. CRC-2020-3-002 5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence. ARM-2020-3-001, AZE-2020-3-006, CZE-2020-3-006, ECH-2020-3-025 5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. CRO-2020-3-005, CRO-2020-3-006 5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. CZE-2020-3-005 5.3.13.23.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself. BEL-2020-3-007 5.3.13.26 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to have adequate time and facilities for the preparation of the case. CZE-2020-3-006 5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem. AZE-2020-3-005, SRB-2020-3-003 5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime. CZE-2020-3-005 5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State. GER-2020-3-030 5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience. AUT-2020-3-005, BEL-2020-3-008, BRA-2020-3-028, ECH-2020-3-017, ECJ-2020-3-018, ROM-2020-3-003 5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion. ROM-2020-3-003, RSA-2020-3-005 5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship. BRA-2020-3-028, ECJ-2020-3-018, RUS-2020-3-006, USA-2020-3-004 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. BRA-2020-3-021, ECH-2020-3-030, FIN-2020-3-003, GER-2020-3-022, GER-2020-3-027, GER-2020-3-034, MDA-2020-3-008, ROM-2020-3-003, RSA-2020-3-005, USA-2020-3-003, USA-2020-3-005 5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press. GER-2020-3-023 5.3.27 Fundamental Rights - Civil and political rights - Freedom of association. ECH-2020-3-020, FIN-2020-3-003, GER-2020-3-022, LTU-2020-3-010, RSA-2020-3-001 5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly. GER-2020-3-024, TUR-2020-3-005 5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation. BRA-2020-3-021 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. AUT-2020-3-004, BEL-2020-3-007, CRO-2020-3-009, FRA-2020-3-011, JPN-2020-3-001, MDA-2020-3-009, NOR-2020-3-009, SUI-2020-3-006, SUI-2020-3-007, TUR-2020-3-004, TUR-2020-3-006 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. AUT-2020-3-004, CZE-2020-3-007, ECJ-2020-3-016, FRA-2020-3-012, GER-2020-3-028 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. ITA-2020-3-015, ITA-2020-3-016, NOR-2020-3-009, SUI-2020-3-006, TUR-2020-3-004 5.3.33.2 Fundamental Rights - Civil and political rights - Right to family life - Succession. AZE-2020-3-006 5.3.34 Fundamental Rights - Civil and political rights - Right to marriage. FIN-2020-3-001, TUR-2020-3-004, USA-2020-3-006 5.3.36.2 Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications. ECJ-2020-3-016 5.3.39 Fundamental Rights - Civil and political rights - Right to property. BIH-2020-3-004, CYP-2020-3-002, MDA-2020-3-008 5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations. AZE-2020-3-006, EST-2020-3-001, GER-2020-3-026, MDA-2020-3-012 5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote. CRO-2020-3-008, USA-2020-3-007 5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election. ECH-2020-3-030, RSA-2020-3-001 5.3.41.6 Fundamental Rights - Civil and political rights - Electoral rights - Frequency and regularity of elections. CRO-2020-3-008 5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation. ITA-2020-3-014 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. GBR-2020-3-001, RSA-2020-3-002 5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities. BRA-2020-3-022 5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education. LTU-2020-3-011, ROM-2020-3-003, RSA-2020-3-002 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. CRO-2020-3-006, FRA-2020-3-015, LTU-2020-3-010 5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. LTU-2020-3-010 5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. BRA-2020-3-027, ITA-2020-3-014 5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection. CZE-2020-3-007 5.4.8 Fundamental Rights - Economic, social and cultural rights - Freedom of contract. RSA-2020-3-002, RSA-2020-3-003 5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service. FRA-2020-3-015 5.4.12 Fundamental Rights - Economic, social and cultural rights - Right to intellectual property. ECJ-2020-3-014, USA-2020-3-005 5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security. EST-2020-3-002, ITA-2020-3-013, ITA-2020-3-015, ITA-2020-3-016, RSA-2020-3-004, UKR-2020-3-017 5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension. CYP-2020-3-001, MDA-2020-3-012 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. BEL-2020-3-009, BRA-2020-3-020, BRA-2020-3-022, BRA-2020-3-026, BRA-2020-3-029, CRO-2020-3-007, FRA-2020-3-012, FRA-2020-3-013, FRA-2020-3-014 5.4.21 Fundamental Rights - Economic, social and cultural rights - Scientific freedom. LTU-2020-3-011, ROM-2020-3-003 5.5.1 Fundamental Rights - Collective rights - Right to the environment. BEL-2020-3-009, FRA-2020-3-014, NOR-2020-3-009 5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights. FIN-2020-3-002
Access to social security, scope
RSA-2020-3-004 Action, freedom, general
GER-2020-3-033 Activity, professional, independence
LTU-2020-3-010 Acts, constitutional, fundamental
LTU-2020-3-008 Administrative act, review, scope, lawfulness of decision, formal, material
ARM-2020-3-001 Admissibility, narrow sense
ECH-2020-3-027 Agent provocateur
ECH-2020-3-022 Agreement, international, applicability
BLR-2020-3-003 Animal, cruelty, prevention
ECJ-2020-3-018 Animal, protection
ECJ-2020-3-018 Animal, ritual slaughter
ECJ-2020-3-018 Application for a priority preliminary ruling on the issue of constitutionality, interpretation, Court of Cassation
FRA-2020-3-011 Architects
LTU-2020-3-010 Armed Forces, deployment abroad, damages
GER-2020-3-030 Art, owner, rights, limitations
ECJ-2020-3-014 Article 67.2 and 67.7
MDA-2020-3-013 Association, criminal aim
FIN-2020-3-003 Association, dissolution, deterrent effect
ECH-2020-3-020 Association, hatred
ECH-2020-3-020 Association, prohibition
FIN-2020-3-003, GER-2020-3-022 Association, publication, racist
ECH-2020-3-020 Association, racial discrimination
ECH-2020-3-020 Association, signs, ban
GER-2020-3-022 Association, xenophobia
ECH-2020-3-020 Asylum proceedings, relevant matters, court duty to investigate
GER-2020-3-025 Asylum proceedings, slavery, assertions
GER-2020-3-025 Attack, gender motivated, suspicion
ECH-2020-3-018 Autonomy, universities
LTU-2020-3-011 Ban, electoral campaign, non-profit organisation, paid services, free services.
MDA-2020-3-008 Bank, loan
BRA-2020-3-027 Bargaining power, fairness
RSA-2020-3-003 Beneficiary, international protection
ECJ-2020-3-019 Benefit, generally available, discrimination, religious affiliation
USA-2020-3-004 Biodiversity, effect, pollinating insects, birds, water, soil, quality
FRA-2020-3-014 Birth certificate, christening, indication
ECH-2020-3-017 Black economic empowerment
RSA-2020-3-003 Body search
SUI-2020-3-007 Capital punishment, terrorism, war crimes
KAZ-2020-3-002 Case documents, service, inability
TUR-2020-3-004 Chamber, architects
LTU-2020-3-010 Charter of rights, cruel and unusual punishment, corporation
CAN-2020-3-007 Child, deprivation of liberty, consent
GBR-2020-3-001 Child, parental rights
GBR-2020-3-001 Child, sexual abuse, protection, interest
USA-2020-3-003 Child, unborn, protection
BEL-2020-3-008 Childbirth allowance and maternity allowance
ITA-2020-3-015 Children, best interests
RSA-2020-3-002 Church and state, separation
USA-2020-3-004 Church matter
FIN-2020-3-001 Church, burden, scrutiny, strict
USA-2020-3-004 Citizen, environmental issues, locus standi
NOR-2020-3-009 Citizenship, application, parents, citizenship, equality
USA-2020-3-002 Civil proceedings, open
SUI-2020-3-005 Compensation, potential
ECH-2020-3-022 Conditional upon the holding of a long-term resident’s EU residence permit
ITA-2020-3-015 Confidence, breach of
TUR-2020-3-006 Conscientious objection, doctor
BEL-2020-3-008 Conscientious objection, religious grounds
BRA-2020-3-028 Conscientious objector, alternative service
BRA-2020-3-028 Constitutional amendment, ad homines Constitutional amendment, one off
ECH-2020-3-030 Constitutional values
RSA-2020-3-003 Constitutionality, establishment
GER-2020-3-032 Consumer creditworthiness, information, availability
CZE-2020-3-007 Contempt of court
ECH-2020-3-029 Contract, legislative intervention
BRA-2020-3-027 Contracts
ITA-2020-3-014 Convention on the Elimination of All Forms of Discrimination against Women, General Recommendation no. 35
ECH-2020-3-018 Conviction, criminal
SUI-2020-3-006 Cooperative, community
ITA-2020-3-013 Co-planning, co-design and accreditation of measures of social utility
ITA-2020-3-013 Copyright, limitation, only by law
ECJ-2020-3-014 Correctional services, independence
RSA-2020-3-006 Counter-terrorism database
GER-2020-3-028 Country report, underreporting
ECH-2020-3-026 Court buildings, accessibility, Covid-19
NED-2020-3-002 Court decision, extraordinary review
BIH-2020-3-003 Court hearing, defence lawyer, absence, fine
ECH-2020-3-029 Court proceedings, interpreting
GER-2020-3-023 Court reporter, access, denied
SUI-2020-3-005 Courtroom, public health measures, establishment
GER-2020-3-023 COVID 19
BRA-2020-3-020 COVID-19
NED-2020-3-002, BRA-2020-3-026, BRA-2020-3-025, BRA-2020-3-023, GBR-2020-3-003, BRA-2020-3-027, BRA-2020-3-029, BRA-2020-3-022, BRA-2020-3-024 COVID-19 pandemic
CRC-2020-3-002 COVID-19, coronavirus, infection
RUS-2020-3-007 COVID-19, disease, infectious, epidemic, face mask
CRO-2020-3-009 COVID-19, disease, infectious, epidemic, pandemic
CRO-2020-3-007 COVID-19, pandemic
FRA-2020-3-013, GER-2020-3-029 COVID-19, pandemic, chains of infection, identification, health data
FRA-2020-3-012 COVID-19, state of emergency, measures
SRB-2020-3-003 Credit
BRA-2020-3-027 Crime prevention
RSA-2020-3-005 Crime, incitement, mitigating factor
ECH-2020-3-022 Criminal justice system, functioning
GER-2020-3-029 Criminal offence, essential elements
CZE-2020-3-005 Criminal offence, nature, criteria
ECH-2020-3-029 Criminal procedure, appeal for annulment
MDA-2020-3-010 Criminal proceedings against lawyer
CZE-2020-3-006 Criminal proceedings, formal course, order
GER-2020-3-023 Criminal record
SUI-2020-3-006 Criminal, responsibility, crime
KAZ-2020-3-002 Criminalisation, over-broad approach
RSA-2020-3-005 Damages, civil wrong
GBR-2020-3-004 Data mining
GER-2020-3-028 Data protection, law, compliance
GBR-2020-3-005 Data, processing, authorised entities
CZE-2020-3-007 Death penalty, imposition
GBR-2020-3-005 Death, self-determined, right
AUT-2020-3-004 Decentralisation of powers, principle
BRA-2020-3-020, BRA-2020-3-029 Decentralisation, limits
BRA-2020-3-020, BRA-2020-3-029 Decision, administrative, judicial review
CRO-2020-3-005 Decision, reasons, undisclosed
CRO-2020-3-005 Declaration, false information, penalty, constitutionality
UKR-2020-3-018 Degrading, treatment, severity, minimum
CRO-2020-3-009 Democracy, capable of defending itself
ECH-2020-3-020 Demonstration, blanket ban
TUR-2020-3-005 Demonstrations, balance of interests
TUR-2020-3-005 Derogation, measures, fundamental rights, competence to prescribe
SRB-2020-3-003 Detention conditions, prison, personal space
GER-2020-3-031 Detention, international zone
ECJ-2020-3-019 Development, common law
RSA-2020-3-003 Dignified living conditions, applicant
CYP-2020-3-002 Disability, benefit, reduction
GBR-2020-3-002 Discrimination, incitement
ECH-2020-3-020 Discrimination, sex
CAN-2020-3-006 Disease, infectious
BRA-2020-3-026, BRA-2020-3-020, BRA-2020-3-029, BRA-2020-3-022, BRA-2020-3-025 Disease, statutory measures, constitutional grounds, judicial control, constitutional control, legitimate aim, self-isolation
CRO-2020-3-007 Dismissal, judicial review
TUR-2020-3-006 Dismissal, state of emergency
TUR-2020-3-006 Dispute, administrative
BIH-2020-3-003 Dispute, competence, central government, local government
BRA-2020-3-022, BRA-2020-3-020, BRA-2020-3-029, BRA-2020-3-026 Dispute, settlement
BLR-2020-3-003 Dissolution, jurisdiction, party, non-parliamentary, non-democratic
GER-2020-3-032 Division of powers
BRA-2020-3-026, BRA-2020-3-020 Domestic law, breach, manifest
ECH-2020-3-028 Domestic worker, rights
RSA-2020-3-004 drugs, psychotropic substances, illegal possession
AZE-2020-3-005 Drugs, trafficking
ECH-2020-3-022 Due process, gender
USA-2020-3-002 Education for democratic citizenship, threat
ECH-2020-3-020 Education, higher, quality
LTU-2020-3-011 Effective Judicial Protection, Rights
ECJ-2020-3-017 Election, local, early, suspension, special circumstances, COVID-19, infectious disease, epidemic
CRO-2020-3-008 Elections, constituency, drawing, racial balance
USA-2020-3-007 Electrosensitivity, health risk
BEL-2020-3-009 Employer, employee, confidence
TUR-2020-3-006 Employment contract, termination
GER-2020-3-027 Employment, dismissal
TUR-2020-3-006 Energy, meter
BEL-2020-3-009 Environmental and water resources, permit, management
FIN-2020-3-002 Environmental Charter
FRA-2020-3-014 Environmental protection
FIN-2020-3-002 Equal treatment, journalists
GER-2020-3-023 Equality before the law
BRA-2020-3-022 Equality of rights and obligations
BRA-2020-3-022 Equality, equality of citizens before the law, general principle
BRA-2020-3-022 Equality, inequality, human rights of others, impact
BRA-2020-3-022 Equality, pay, pension
CYP-2020-3-001 Equality, prohibition of discrimination
BRA-2020-3-022 Equality, violation
BRA-2020-3-022 Ethics, academic
LTU-2020-3-011 European arrest warrant
GER-2020-3-031 European Arrest Warrant, non-execution, limitations
ECJ-2020-3-017 European Arrest Warrant, surrender procedures between Member States
ECJ-2020-3-017 European Court of Human Rights, application, non-state actor
ECH-2020-3-027 European Court of Human Rights, interstate application, admissibility
ECH-2020-3-027 European Court of Human Rights, standing, state owned entity
ECH-2020-3-027 Eviction
RSA-2020-3-003 Evidence, obtention, ill-treatment, by third party
ECH-2020-3-025 Executive, power, competences, scope
BRA-2020-3-020, BRA-2020-3-029, BRA-2020-3-022, BRA-2020-3-026, BRA-2020-3-025 Expert report, evidence
ARM-2020-3-001 Expulsion, appeal
ECH-2020-3-023 Expulsion, decision, authority, composition
ECH-2020-3-023 Expulsion, family relationship
SUI-2020-3-006 Expulsion, foreign national, criminal
SUI-2020-3-006 Expulsion, foreigners, national interest, public security, undesirable person
MDA-2020-3-011 Expulsion, grounds, relevance
ECH-2020-3-023 Expulsion, grounds; access
ECH-2020-3-023 Expulsion, necessity, plausible
ECH-2020-3-023 Expulsion, offender
SUI-2020-3-006 Expulsion, right to family life
SUI-2020-3-006 Extradition, assurances, receiving state
GER-2020-3-031 False denunciation, criminal proceedings, suspects
BRA-2020-3-021 Federation, legislature, powers, exceeding
BRA-2020-3-027 Financial, urgency
CYP-2020-3-002 Fine, criminal, notion
ECH-2020-3-029 Fine, disciplinary
ECH-2020-3-029 Fine, procedural
ECH-2020-3-029 Firearm, possession
ECH-2020-3-019 Firearm, seizure
ECH-2020-3-019 Force, excessive, standard of review
USA-2020-3-001 Foreign national, expulsion
SUI-2020-3-006 Foreign national, right to private life, right to family life
SUI-2020-3-006 Foreign national, undesirable
SUI-2020-3-006 Foreigner, deportation, ill-treatment, risk
ECH-2020-3-026 Foreigner, entry, residence
CRO-2020-3-005 Foreigner, expulsion
ECH-2020-3-023 Foreigner, expulsion, representation
ECH-2020-3-023 Foreigner, residence, permit, security impediment
CRO-2020-3-005 Freedom of expression, limitation, public peace, disturbance
BRA-2020-3-021 Freedom of expression, protection, scope
BRA-2020-3-021 Freedom of expression, state, positive obligation
BRA-2020-3-021 Freedom of movement of services
BRA-2020-3-020 Freedom of movement, restriction
RUS-2020-3-007 Freedom to travel
BRA-2020-3-020 Freedom, movement
BRA-2020-3-020 Freedom, research
LTU-2020-3-011 Freedom, restriction
BRA-2020-3-020 Fundamental right, equivalent protection
BRA-2020-3-026 Fundamental right, protection
BRA-2020-3-029, BRA-2020-3-022, BRA-2020-3-020, BRA-2020-3-025 Gender identity
JPN-2020-3-001 Gender identity, determination
JPN-2020-3-001 Gender reassignment, legal conditions
JPN-2020-3-001 Gender, change, recognition
JPN-2020-3-001 Gender-based violence, investigative measures, special diligence, requirement
ECH-2020-3-018 Gerrymandering, plaintiff, alternate map, improved racial balance, obligation
USA-2020-3-007 Gerrymandering, racial, scrutiny, strict
USA-2020-3-007 Governance, responsibility
LTU-2020-3-009 Government programme
LTU-2020-3-009 Group, rights
CRO-2020-3-010 Hatred, incitement
ECH-2020-3-020 Headquarters, statutory authority, measures, issue
CRO-2020-3-007 Headscarf, prohibition
AUT-2020-3-005 Health emergency
FRA-2020-3-012 Health emergency, civil procedure, hearing, absence
FRA-2020-3-013 Health, effective protection
BRA-2020-3-022, BRA-2020-3-025, BRA-2020-3-029 Health, protection, effective
BRA-2020-3-020, BRA-2020-3-026 Health, public health, public interest
BRA-2020-3-025, BRA-2020-3-022, BRA-2020-3-020, BRA-2020-3-029, BRA-2020-3-026 Healthcare, human dignity, preservation, precondition
CRO-2020-3-009 Hearing in camera
SUI-2020-3-005 Homosexual act, criminalisation
ECH-2020-3-026 Homosexual, expulsion
ECH-2020-3-026 Homosexual, ill-treatment
ECH-2020-3-026 Homosexuality, identity
ECH-2020-3-026 Honour and dignity, defence
BRA-2020-3-021 Honour, respect, right
BRA-2020-3-021 Honour, state
BRA-2020-3-021 Housing, benefit
GBR-2020-3-002 Human dignity
BEL-2020-3-008 Human dignity, inviolability
GER-2020-3-027 Humanitarian law, international
GER-2020-3-030 Identity, gender
ROM-2020-3-003 Impact, substantial deterioration, potential
FIN-2020-3-002 Imprisonment, false, unlawful
GBR-2020-3-004 Incitement, confession, link
ECH-2020-3-022 Indigenous people, rights
BRA-2020-3-023 Indigenous peoples, protection, COVID-19
BRA-2020-3-023 Indigenous rights
BRA-2020-3-023 Indirect discrimination, intersectional approach
RSA-2020-3-004 Information, confidential
ECH-2020-3-023 Informational self-determination, right
GER-2020-3-028 Inheritance, acceptance, mortgage, heir, testator
AZE-2020-3-006 Inheritance, third party interest
AZE-2020-3-006 Inmates, rights
RSA-2020-3-006 Insurance policies
GBR-2020-3-003 International obligations
RSA-2020-3-006 Internet posting, threat, risk of committing life-threatening acts
ECH-2020-3-019 Interpretation of instruments subject to registration tax
ITA-2020-3-014 Interpretation, harmonious and generous
RSA-2020-3-001 Invasion, bodily integrity
JPN-2020-3-001 Investigation, criminal
CZE-2020-3-005 Investigation, effective
ECH-2020-3-018 Investigation, effective, requirement
CZE-2020-3-005 Journalist, access to information
SUI-2020-3-005 Judge, appointment, evaluation committee
ECH-2020-3-028 Judge, appointment, executive, influence, decisive
ECH-2020-3-028 Judge, appointment, interference, undue
ECH-2020-3-028 Judge, appointment, irregularity, gravity
ECH-2020-3-028 Judge, appointment, merit
ECH-2020-3-028 Judge, appointment, moral integrity
ECH-2020-3-028 Judge, appointment, political motives
ECH-2020-3-028 Judge, appointment, ranking difference
CRO-2020-3-006 Judge, appointment, technical experience
ECH-2020-3-028 Judge, non-professional, appointment, criteria
ECH-2020-3-028 Judicial protection, effective
CRO-2020-3-005 Judiciary, Constitutional protection
BRA-2020-3-021 Judiciary, deference
BRA-2020-3-021 Judiciary, independence
UKR-2020-3-018 Jurisdiction, constitutional, decisions, court, dispute, law, private
GER-2020-3-034 Justice, open
SUI-2020-3-005 Justification
RSA-2020-3-005 Language, minority, development
ECH-2020-3-021 Language, minority, exam
ECH-2020-3-021 Language, official, exam
ECH-2020-3-021 Law, application, arbitrariness
BIH-2020-3-003 Law, constitutional, amendment
LTU-2020-3-008 Law, constitutionality, formal
CRO-2020-3-007 Law, drafting and editing
BRA-2020-3-025 Law, entry into force
BRA-2020-3-025 Law, entry into force, condition, fulfilment, subject
GER-2020-3-026 Law, implementing, Convention on International Settlement Agreements Resulting from Mediation
BLR-2020-3-003 Law-making rule
BRA-2020-3-025 Law-making, constitutional rule
BRA-2020-3-025 Lawyer, ethics
CZE-2020-3-006 Lawyer, professional secrecy
CZE-2020-3-006, BEL-2020-3-007 Lawyer, role
BEL-2020-3-007 Lease agreement, renewal option
RSA-2020-3-003 Legal proceedings, divorce, duration
TUR-2020-3-004 Legal protection, effective, guarantee
GER-2020-3-024 Legislative competence, limits
BRA-2020-3-027 Legislative encroachment, permissible
RSA-2020-3-005 Legislative power, limitation
BRA-2020-3-027 Less restrictive means
RSA-2020-3-005 Life, protection, duty to adopt regulations
ECH-2020-3-019 Life, risk, real and immediate
ECH-2020-3-019 Marriage legislation, amendment
FIN-2020-3-001 Marriage, same-sex, adoption, parent, registration
USA-2020-3-006 Mechanised gold mining
FIN-2020-3-002 Media, journalism, restriction
SUI-2020-3-005 Medical data, access, police, requirements
ECH-2020-3-019 Members of Government
LTU-2020-3-009 Membership, association
LTU-2020-3-010 Methods of implementation
ITA-2020-3-013 Militia, private
ECH-2020-3-020 Ministers
LTU-2020-3-009 Minority, obligation to protect their security, identity and lifestyle
ECH-2020-3-021 Minority, special needs
ECH-2020-3-021 Monetary assistance, one-off, police officer, work, incapacity
UKR-2020-3-017 Money laundering, duty to provide information
BEL-2020-3-007 Municipal decision, appeal
SWE-2020-3-011 Municipality, competence
BRA-2020-3-029 Municipality, jurisdiction
BRA-2020-3-020 Municipality, territory
BRA-2020-3-020 Mutual assistance between States, criminal investigation or proceedings
GBR-2020-3-005 Mutual legal assistance, EU Member States
GER-2020-3-031 Mutual recognition, EU Member States
GER-2020-3-031 Mutual trust, EU Member States
GER-2020-3-031 National Agency for the Prevention of Corruption, judges, control
UKR-2020-3-018 National Anti-Corruption Bureau, power, executive
UKR-2020-3-016 National courts, powers
BLR-2020-3-003 National security
ECH-2020-3-023 National security, protection
CRO-2020-3-005 National, third-country
ECJ-2020-3-019 Negationist view
ECH-2020-3-020 Negative constitutional obligations
RSA-2020-3-002 Negotiations, in progress
SUI-2020-3-005 Offence, criminal, gravity
SUI-2020-3-006 Offence, criminal, intent
CZE-2020-3-005 Offences, minor or serious
RSA-2020-3-005 Official duty, breach of, armed conflict
GER-2020-3-030 Ombudsperson, ethics, academic, procedure
LTU-2020-3-011 Pacta sunt servanda
RSA-2020-3-003 Parliament, functioning, special, debate, time limits, restriction
CRO-2020-3-010 Parliament, immunity, removal, constitutional amendment
ECH-2020-3-030 Parliament, member, debating, voting, possibilities, technical, powers, restriction, rights, duties, restriction, attendance, procedure, constitutionality
CRO-2020-3-010 Parliament, member, immunity, lifting
ECH-2020-3-030 Parliament, member, non-liability
ECH-2020-3-030 Parliament, member, pre-trial detention
ECH-2020-3-030 Parliament, member, terrorist charges
ECH-2020-3-030 Parliament, sessions, presence, restricted number
CRO-2020-3-010 Party, political, participation, equality, right, prohibition
GER-2020-3-032 Passport, issuing, obtain, right
GER-2020-3-033 Penalty, severity
ECH-2020-3-029 Pension plan, retirement, service buy-back, discrimination
CAN-2020-3-006 Pension, death, survivor, date
CYP-2020-3-001 Pension, payment, dependence, residency
MDA-2020-3-012 Percentage designation mechanism, non-profit organisations
MDA-2020-3-008 Persecution, racial, victim
CZE-2020-3-005 Personal autonomy
AUT-2020-3-004 Personal data, protection
ECJ-2020-3-016 Personal data, retention, general and indiscriminate way
ECJ-2020-3-016 Physical integrity
JPN-2020-3-001 Places of worship, information signs
RUS-2020-3-006 Plant protection products, neonicotinoids, seeds
FRA-2020-3-014 Pluralism, stifling
ECH-2020-3-030 Police officer, offence
BRA-2020-3-024 Police officer, protection, social
UKR-2020-3-017 Police, act, death
BRA-2020-3-024 Police, arm, use, warning
USA-2020-3-001 Police, brutality, police
USA-2020-3-001 Police, capacity to ensure safety
BRA-2020-3-024 Police, crime, incitement
ECH-2020-3-022 Police, firearm, use
BRA-2020-3-024 Police, firearms, use, exceptional cases
BRA-2020-3-024 Police, inability to secure public safety
BRA-2020-3-024 Police, powers, force, use
BRA-2020-3-024 Police, professional misconduct
BRA-2020-3-024 Police, right to protection
BRA-2020-3-024 Police, social right, exercise, non-discriminatory
UKR-2020-3-017 Police, treatment, cruel, inhumane, degrading
BRA-2020-3-024 Police, undercover operation
BRA-2020-3-024 Police, undercover operation, abuse of process
BRA-2020-3-024 Pollution
FIN-2020-3-002 Population, interest, life, human, protection
CRO-2020-3-009 Power, division
BRA-2020-3-029 Pregnancy, international commitments
ECH-2020-3-024 Pregnancy, treatment, difference
ECH-2020-3-024 Pregnancy, voluntary termination
BEL-2020-3-008 Preliminary injunction
GER-2020-3-024 Priesthood, ordination, vows, conflict
FIN-2020-3-001 Principle of the ability to pay taxes
ITA-2020-3-014 Prisoner, imprisonment, detention conditions
FRA-2020-3-011 Private life, interference, proportionality
ECJ-2020-3-016 Procedural economy, principle
ECH-2020-3-027 Procedural protection, essence
ECH-2020-3-023 Procedure of international investigation or settlement
ECH-2020-3-030 Procedure, law-making
EST-2020-3-002 Property, content and limits, determination
GER-2020-3-026 Property, deprivation
BIH-2020-3-004 Property, deprivation, time period
BIH-2020-3-004 Property, guarantee, scope
GER-2020-3-026 Property, rights, limitations
EST-2020-3-001 Property, seizure, adequate compensation
GER-2020-3-026 Prosecutor, independence
ECJ-2020-3-017 Prosecutor, power
ECJ-2020-3-017 Protection, civil, headquarters, authority, executive
CRO-2020-3-007 Protest, public highway, demonstration
TUR-2020-3-005 Provisional Measure
BRA-2020-3-020 Public health
CRO-2020-3-007 public health, protection, pandemic
RUS-2020-3-007 Public hearing, principle
SUI-2020-3-005 Public office, independent candidates
RSA-2020-3-001 Public policy
RSA-2020-3-003, RSA-2020-3-002 Public-order, disturbance
ECH-2020-3-020 Racial hatred
CZE-2020-3-005 Racist statement
GER-2020-3-027 Reasonableness, review
RSA-2020-3-004 Re-empowerment, Government
LTU-2020-3-009 Referendum, supra-constitutional force
LTU-2020-3-008 Registration of foreigners
ITA-2020-3-016 Registration, birth, non-biological parent
USA-2020-3-006 Reindeer herding
FIN-2020-3-002 Relevance of extra-textual instruments and contracts linked to them
ITA-2020-3-014 Religion and ideology, neutrality of the state
BRA-2020-3-028, AUT-2020-3-005 Religion, ceremony, participation
RUS-2020-3-006 Religion, clothing, restriction
AUT-2020-3-005 Religion, conscience
BRA-2020-3-028 Religion, headscarf, symbol
AUT-2020-3-005 Religion, right not to reveal
ECH-2020-3-017 Religion, ritual, slaughter
ECJ-2020-3-018 Religion, secularism, principle
BRA-2020-3-028 Religion, separation of church and state
BRA-2020-3-029, BRA-2020-3-028 Religion, State, neutrality
BRA-2020-3-028 Removal procedures
ECJ-2020-3-019 Remuneration, fair, principle
ECJ-2020-3-014 Reoccurrence of crime, intent, punishment
AZE-2020-3-005 Reproductive capacity
JPN-2020-3-001 Residence permit
ITA-2020-3-016 Residence, double taxation
LIE-2020-3-003 Residence, permit, refusal, national security, access to reasons
CRO-2020-3-005 Resident, quasi-resident, taxation, discrimination
LIE-2020-3-003 Residents’ register
ITA-2020-3-016 Responsibility, authority
BRA-2020-3-029, BRA-2020-3-020, BRA-2020-3-022, BRA-2020-3-025, BRA-2020-3-026 Responsibility, constitutional
BRA-2020-3-025, BRA-2020-3-022, BRA-2020-3-026, BRA-2020-3-029, BRA-2020-3-020 Return directive
ECJ-2020-3-019 Review, constitutionality
BLR-2020-3-003 Review, standard, decision, interpretation, error, manifest
GER-2020-3-034 Revision, request, party, litigation capacity
BIH-2020-3-003 Right to be heard, exchange of written documentation
FRA-2020-3-013 Right to be present at hearing
CRC-2020-3-002 Right to health, risk
BEL-2020-3-009 Right to property, core
CYP-2020-3-002 Right to the protection of a healthy environment, reduction
BEL-2020-3-009 Right, abuse of
FIN-2020-3-003 Rights, fundamental, law, private, application
GER-2020-3-034 Rights, socio-economic
RSA-2020-3-004 Ripple effect, rights, fundamental
GER-2020-3-034 Road traffic, laws and regulations
BRA-2020-3-020 Road traffic, offense
BRA-2020-3-020 Saami homeland, livelihoods, conditions
FIN-2020-3-002 Salary, pension cuts
CYP-2020-3-002 Same sex marriage
FIN-2020-3-001 School contract, termination
RSA-2020-3-002 School shooting
ECH-2020-3-019 Schools, wearing of veils, prohibition
AUT-2020-3-005 Self-government, local, right
CRO-2020-3-008 Service of documents, bailiff, third parties, addressee absence, access to courts, time-limit
MDA-2020-3-013 Sex offender registry, discrimination, mental disorder
CAN-2020-3-008 Sex-offender, freedom of expression
USA-2020-3-003 Sex-offender, social media platform, access, ban
USA-2020-3-003 Sexual orientation, deportation, ill-treatment, risk
ECH-2020-3-026 Slur, racial, disparagement, freedom of expression
USA-2020-3-005 Social assistance, entitlement, condition
BRA-2020-3-022 Social assistance, exclusion
BRA-2020-3-022 Social assistance, reduction
BRA-2020-3-022 Social assistance, right, condition
BRA-2020-3-022 Social benefits and assistance, amount
BRA-2020-3-022 Social integration
SUI-2020-3-006 Social media platform, freedom of expression
USA-2020-3-003 Social protection, reduction
BRA-2020-3-022 Social protection, right
ECJ-2020-3-015, BRA-2020-3-022 Social protection, state
BRA-2020-3-022 Social protection, systems
BRA-2020-3-022 Spouse, absence, divorce
TUR-2020-3-004 State Judicial Council, decision, review
CRO-2020-3-006 State of emergency, applicability employee
TUR-2020-3-006 State security, Supreme Security Council, secret information
MDA-2020-3-009 State, duty to protection fundamental rights and freedoms
BRA-2020-3-026 State, duty, protection
CRO-2020-3-007 State, duty, protection of life and safety
BRA-2020-3-029, BRA-2020-3-022, BRA-2020-3-025, BRA-2020-3-020 State, duty, protection, disease
CRO-2020-3-009 State, economic and financial difficulties, pension, non-payment
MDA-2020-3-012 State, neutrality, religious
BRA-2020-3-028 State, positive obligation
CRO-2020-3-007 State, social guarantee
BRA-2020-3-022 Statutory offence, incitement
RSA-2020-3-005 Strip search during arrest
SUI-2020-3-007 Substantive equality
RSA-2020-3-004 Suicide, assistance, criminal offence
AUT-2020-3-004 Suicide, assisted, service
AUT-2020-3-004 Supreme Court, Administrative Court, reversal
CYP-2020-3-002 Surrender request, criminal courts, duty to investigate
GER-2020-3-031 Tax, capacity to pay, principle
ITA-2020-3-014 Tax, unlawfulness, default interests, refund
BIH-2020-3-004 Teacher, independence
FRA-2020-3-015 Territory, authority
BRA-2020-3-020 Territory, entry, exit
BRA-2020-3-020 Territory, self-government
BRA-2020-3-020 Terrorism, fight, fundamental rights, protection, weighing
GER-2020-3-028 Terrorism, financing, fight
BEL-2020-3-007 Terrorist charges
ECH-2020-3-030 Terrorist organisation, armed, membership
ECH-2020-3-030 Test case
GBR-2020-3-003 Third sector
ITA-2020-3-013 Third-country nationals
ITA-2020-3-015 Torture, evidence
ECH-2020-3-025 Trademark, registration, freedom of expression
USA-2020-3-005 Transfer, sentence, imprisonment, length
SWE-2020-3-010 Transformative constitutionalism
RSA-2020-3-004 Treaty, human rights, logic
ECH-2020-3-027 Treaty, internal consistency
ECH-2020-3-027 Trial hearing, poor health, accused
GER-2020-3-029 Tribunal, notion
ECH-2020-3-028 Ubuntu
RSA-2020-3-003 University, professor, recruitment
FRA-2020-3-015 Unrelated provisions
FRA-2020-3-015 Use of Executive Powers
GBR-2020-3-004 Vaccination policies, competence distribution, Government, Parliament and Regions
BRA-2020-3-029 Vaccination, infectious disease, obligatory
BRA-2020-3-029 Vaccination, obligatory
BRA-2020-3-029 Victim, nature
ECH-2020-3-027 Victim, potential
ECH-2020-3-022 Violence, gender-based
ECH-2020-3-018 Violence, incitement
ECH-2020-3-020 Violence, public demonstration
BRA-2020-3-024 Violence, threat, police, duty to protect
BRA-2020-3-024 Waves, electromagnetic
BEL-2020-3-009 Widower, survivor, pension
CYP-2020-3-001 Woman, acid attack
ECH-2020-3-018 Worker, migrant, rights, child, residence
ECJ-2020-3-015