e-Bulletin on Constitutional Case-Law
2024/2

The electronic Bulletin on Constitutional Case-Law ("e-Bulletin") is produced by the European Commission for Democracy through Law, better known as the Venice Commission. The e-Bulletin regularly reports on the case-law of constitutional courts and courts with equivalent jurisdiction in Europe and beyond, including case-law of the European Court of Human Rights, the Court of Justice of the European Union and the Inter-American Court of Human Rights. The e-Bulletin is sent to liaison officers and to subscribers by e-mail three times a year, each mailing reports on the most important case-law gathered during a four-month period.

The e-Bulletin’s aim is to allow judges and constitutional law specialists to be informed quickly about the most important judgments rendered in the field of constitutional justice. The exchange of information and ideas among courts in different countries with similar or different legal traditions, in the field of judge-made law, is of vital importance. Such an exchange of information and such cooperation, we hope, will not only benefit the newly established constitutional courts, but will also enrich the case-law of longer established courts. The main purpose of the e-Bulletin on Constitutional Case-Law is to foster an exchange of information and ideas and to assist national judges in solving difficult questions of law, which often arise simultaneously in courts of different countries.

If you wish to receive the e-Bulletin, please subscribe at the page https://www.venice.coe.int/files/bulletin/eBulletin-subscription.html.

The Venice Commission is grateful to the liaison officers of constitutional and equivalent courts, who regularly prepare the contributions, reproduced in the Bulletin with links to our database CODICES. As such, the summaries of decisions and opinions in the Bulletin do not constitute an official record of court decisions and should not be considered as offering or purporting to offer an authoritative interpretation of the law.

European Commission for Democracy through Law (“Venice Commission”)

January 2025

Argentina

ARG-2024-2-002 a) Argentina b) Supreme Court of Justice of the Nation c) d) 02.07.2024 e) CSJ 972/2017/RH1 f) Garay, Diego Sebastián c/ Provincia de Mendoza s/ amparo.
The obligation to wear a seatbelt when driving on public roads —the non-compliance of which is punished as a misdemeanor— does not constitute an undue interference with individual autonomy because it seeks to prevent the risk of harming third parties, which is one of the hypotheses established in Section 19 of the National Constitution of Argentina that allows State intervention and the jurisdicti... Read more
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
1.1.1.1.3 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Other legislation
2.2.2 Sources - Hierarchy - Hierarchy as between national sources
2.2.2.1.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution - Hierarchy attributed to rights and freedoms
3.17 General Principles - Weighing of interests
3.16 General Principles - Proportionality
3.18 General Principles - General interest
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
Right to autonomy / Right to health / State, Duty, Protection of life and safety / Rights of third parties, Infringement / Seatbelt, Obligation, Driving, Public roads

Austria

AUT-2024-2-002 a) Austria b) Constitutional Court c) d) 13.06.2024 e) E 1338/2024 f)
As a component of identity, names are part of private and family life, which is protected by fundamental rights. However, the State may provide for legal restrictions on name changes for reasons of public interest provided that they are suitable and proportionate to achieve a legitimate objective. If the desired name is not commonly used to identify persons in Austria, a name change may only be ru... Read more
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Family name, Change

Belgium

BEL-2024-2-006 a) Belgium b) Constitutional Court c) d) 18.07.2024 e) 84/2024 f)
The right to respect for the home prohibits the official responsible for the administrative control of establishments for the elderly from inspecting an inhabited room if he has not been authorised to do so by the person residing there. A room in this type of establishment that is not used for accommodation may only be inspected by this official without the authorisation of the manager when the pu... Read more
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home
Home visit / Care facilities, Access / Home, Concept, Business premises

Bosnia and Herzegovina

BiH-2024-2-001 a) Bosnia and Herzegovina b) Constitutional Court c) Plenary d) 13.07.2023 e) AP-270/21 f)
Determining liability for defamation without considering factors crucial for decision-making under Article 10 ECHR (the existence of public interest, the plaintiff's status as a private or public figure, whether the disputed statements constitute facts or value judgments, and how the information was obtained) resulted in a violation of the right to freedom of expression.
3.16 General Principles - Proportionality
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Defamation / Information, Dissemination / Reputation, Right

BIH-2024-2-002 a) Bosnia and Herzegovina b) Constitutional Court c) Plenary d) 13.07.2023 e) AP-2914/21 f)
The deprivation of liberty, without the possibility of realising the claim through any other procedure, presents an excessive burden for the appellant and results in a violation of his right to property.
3.16 General Principles - Proportionality
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Bankruptcy procedure / Compensation / Property, Deprivation

Bulgaria

BUL-2024-2-004 a) Bulgaria b) Constitutional Court c) d) 26.07.2024 e) 13 f) Amendment of the Constitution in 2023
Constitutional amendmends have to meet the constitionality requirement as well. They have to comply with the basic constititonal principles that form the foundation of the state and legal order.
4.5.6.4 Institutions - Legislative bodies - making procedure - Right of amendment
1.3.4.11 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of constitutional revision
3.9 General Principles - Rule of law
3.4 General Principles - Separation of powers
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
3.12 General Principles - Clarity and precision of legal provisions
2.3.6 Sources - Techniques of review - Historical interpretation
2.3.5 Sources - Techniques of review - Logical interpretation
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
National unity / Split vote / Great National Assembly

Canada

CAN-2024-2-005 a) Canada b) Supreme Court c) d) 19.07.2024 e) 40241 f) Canada (Attorney General) v. Power
The state is not entitled to absolute immunity from liability for damages when it enacts unconstitutional legislation that infringes rights under the Canadian Charter of Rights and Freedoms (hereinafter, the “Charter”). The state may be liable for damages under the Charter if the legislation is clearly unconstitutional or was in bad faith or an abuse of power. Absolute immunity fails to reconcile ... Read more
4.5.9 Institutions - Legislative bodies - Liability
Liability for acts of the legislature / Unconstitutional legislation, Government immunity / Immunity, Government, Legislation / Parliamentary privilege

Costa Rica

CRC-2024-2-002 a) Costa Rica b) Constitutional Chamber of the Supreme Court c) Constitutional Chamber d) 14.08.2024 e) 2024-023246 f)
The equal protection clause is the keystone vault that holds the entire human rights system and the social rule of law. To enhance its reach, the State depends on affirmative actions to work through historical and cultural discriminations that are embedded in society. LGBTIQ+ personas are constitutionally protected collectivities. The freedom of expression of private citizens and public agents pr... Read more
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature
4.14 Institutions - Activities and duties assigned to the State by the Constitution
4.6.9.4 Institutions - Executive bodies - The civil service - Personal liability
5.2.1.2.2 Fundamental Rights - Equality - Scope of application - Employment - In public law
5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation
5.2.3 Fundamental Rights - Equality - Affirmative action
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Confessional constitutional clause, Restrictive interpretation

Council of Europe

ECH-2024-2-012 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 17.09.2024 e) 15541/20 f) Pindo Mulla v. Spain [GC]
Medical treatment in the form of blood transfusions administered to a Jehovah’s Witness, during emergency surgery, despite her expressed refusal to undergo a blood transfusion of any kind: violation.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
Jehovah's witness / Medical treatment, Authorisation, Urgency / Religion, Blood transfusion, Refusal

ECH-2024-2-013 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 24.09.2024 e) 6319/21, 6321/21 and 9227/21 f) Fabbri and Others v. San Marino [GC]
Complaint by victims of alleged offences participating in criminal proceedings that the investigating judge’s inaction led to the time-barring of those offences and thus to the non-adjudication of their civil claims: no violation.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
Civil rights and obligations / Civil claim, Criminal law enforcement / Access

Croatia

CRO-2024-2-005 a) Croatia b) Constitutional Court c) d) 23.04.2024 e) U-II-3895/2023 f)
By Article 5.1 of the Ordinance on the types of fees for performing the tasks prescribed by the Act on Enforcement on Monetary Assets, the Minister of Finance authorised the management of the Financial Agency to determine by a price list the amount of fees charged by that agency for the performance of the activities prescribed by the Act. Thereby, the Minister transferred the authority to enact re... Read more
3.9 General Principles - Rule of law
3.13 General Principles - Legality
4.6.3.2 Institutions - Executive bodies - Application of laws - making powers
Ordinance, Ministerial, Contrary to a statute / Minister, Exceeding of power / Minister, Law-making power

CRO-2024-2-006 a) Croatia b) Constitutional Court c) d) 29.05.2024 e) U-IIIA-1870/2024 f)
In repeated administrative and administrative court proceedings, the competent administrative bodies and administrative courts persistently issued decisions and judgments containing positions that failed to respect those expressed (and reasoned) by the Constitutional Court in its three earlier decisions adopted in connection with the same case in 2012, 2017 and 2023, and thereby grossly violated t... Read more
1.6.6 Constitutional Justice - Effects - Execution
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time
Constitutional court, Decision, Duty to respect / Constitutional court, Decision, Non-execution

CRO-2024-2-007 a) Croatia b) Constitutional Court c) d) 04.06.2024 e) U-II-3628/2023 f)
The purpose of sub-statutory legal acts is not and cannot be a change in the statutory law but only a more thorough elaboration of the statutory law's provisions. The adoption of the Decision on the amendments to the Statute by the representative body of the Municipality of Vir constitutes an unlawful and unconstitutional interference in the jurisdiction of the executive body (the mayor) of the M... Read more
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
3.13 General Principles - Legality
4.8.3 Institutions - government - Municipalities
4.8.8 Institutions - government - Distribution of powers
Local self-government, Act, Legality, Supervision / Local self-government, Legislative power / Local self-government, Statute, Amendments / Self-government, Executive body, Competences

CRO-2024-2-008 a) Croatia b) Constitutional Court c) d) 04.06.2024 e) U-I-702/2018, U-I-875/2019 f)
The statutory provision whereby communal monitors are authorised to enter places where pets are kept when supervising the conditions and manner of keeping pets is in conformity with the right to the inviolability of the home and the right of ownership guaranteed by the Constitution. The aim of the communal monitor's authority is the protection of public health of all citizens and the protection of... Read more
3.18 General Principles - General interest
5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Animals, Cruelty, Prevention / Animals, Protection / Entry and search, Communal monitor / Search, Private home, Conditions

CRO-2024-2-009 a) Croatia b) Constitutional Court c) d) 09.07.2024 e) U-I-4598/2017 f)
In the challenged article of the Pharmacy Act, the legislator did not specify precisely the conduct which is prohibited and punished under criminal law. The challenged article itself is ambiguous, unclear and unforeseeable for its addressees and therefore does not comply with the fundamental principles of the rule of law, namely the principles of legality and of legal certainty. This results in a ... Read more
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
3.12 General Principles - Clarity and precision of legal provisions
3.14 General Principles - Nullum crimen, nulla poena sine lege
Law, Provision, Unconstitutional

Czech Republic

CZE-2024-2-002 a) Czech Republic b) Constitutional Court c) Second Panel d) 30.05.2024 e) f) Failure of the state to effectively investigate a victim's allegation of sexual conduct (removal of a condom without consent)
Although it is only the court that can legitimise by its decision the sanction associated with the guilt of the perpetrator of the crime, it is not contrary to the constitutional order if a criminal case concerning the defensible allegations of the victims is postponed by the prosecuting authority. From a constitutional perspective, only the reasons why the criminal proceedings are not continued i... Read more
5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Effective investigation / Criminal investigation / Criminal proceedings, Victim / Criminal responsibility / Criminal proceedings, Offence of rape / Criminal law, Sexual offence

European Union, Court of Justice

ECJ-2024-2-007 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 08.05.2024 e) C-53/23 f) Asociaţia 'Forumul Judecătorilor din România' (Magistrates' associations)
Rule of Law: EU law does not require that professional associations of judges are granted the right to challenge decisions relating to the appointment of prosecutors.
3.4 General Principles - Separation of powers
4.7.1 Institutions - Judicial bodies - Jurisdiction
4.7.4.1 Institutions - Judicial bodies - Organisation - Members
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
Judicial power, Independence, Guarantees / Effective judicial protection, Law / Prosecutors bringing criminal proceedings against magistrates, Appointment / National regulations relating to actions for annulment against the appointment of such prosecutors

ECJ-2024-2-008 a) European Union, Court of Justice b) Court of Justice of the European Union c) Fourth Chamber, Extended Composition d) 08.05.2024 e) T-375/22 f) Izuzquiza e.a. v. European Parlement
Transparency: the European Parliament must give access, in the interests of public scrutiny, to information relating to a Member of the European Parliament who has been convicted in a court of law.
3.17 General Principles - Weighing of interests
5.3.25.1 Fundamental Rights - Civil and political rights - Right to administrative transparency - Right of access to administrative documents
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
Salaries, Member of the European Parliament, Parliamentary assistants / Law of the EU , Personal data, Protection, Obligation / Access to documents, Right, Exception

ECJ-2024-2-009 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 11.06.2024 e) C-646/21 f) Staatssecretaris van Justitie en Veiligheid (Women identifying with the value of gender equality)
International protection: refugee status may be granted to women who identify with the value of equality between women and men.
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Asylum, Request, Unaccompanied minor / Equality between men and women, Membership of a particular social group

ECJ-2024-2-010 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 11.07.2024 e) C-554/21 f) Hann-Invest
Law governing the institutions Rule of law: only the judicial panel responsible for a case can decide its outcome.
4.7.4.1 Institutions - Judicial bodies - Organisation - Members
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
3.9 General Principles - Rule of law
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
Judiciary, Independence, Guarantees / Effective judicial protection, Right / Tribunal previously established by law, National rules governing the composition of panels of judges - Conditions

ECJ-2024-2-011 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 18.06.2024 e) C-753/22 f) Bundesrepublik Deutschland (Effect of a decision granting refugee status)
Area of Freedom, Security and Justice. Refugee status: a Member State is not required automatically to recognise refugee status granted in another Member State.
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
Asylum, Seeker, Protection, International / National, Third-country, Rignt to apply / Asylum, Request, Examination

ECJ-2024-2-012 a) European Union, Court of Justice b) Court of Justice of the European Union c) d) 29.07.2024 e) C-112/22 f) CU and ND (Social assistance - Indirect discrimination)
Social assistance: access for third-country nationals who are long-term residents to a social security, social assistance or social protection measure cannot be made conditional on the requirement of having resided in a Member State for at least 10 years.
3.16 General Principles - Proportionality
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living
3.21 General Principles - Equality
Asylum, Procedure / Social aid, Asylum seeker / Allowance, Asylum, Duty to residence

France

FRA-2024-2-001 a) France b) Constitutional Council c) d) 18.01.2024 e) 2023-1075 QPC f) Société Europe métal concept (Recovery and reclamation of metals from cremated remains)
Questions had arisen over the compliance with the principle of the safeguarding of human dignity of certain provisions to the effect that metals resulting from cremation, even if they come from objects incorporated into the body of the deceased, cannot be treated in the same way as the ashes of the deceased, and which entrust the crematorium operator with their recovery and transfer with a view to... Read more
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Deceased, Cremation

FRA-2024-2-002 a) France b) Constitutional Council c) d) 25.01.2024 e) 2023-863 DC f) Law to control immigration, improve integration
Thirty-two articles of the law in question were unconstitutional, due to their status as ‘legislative riders’.
3.4 General Principles - Separation of powers
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Identity checks / Finger prints

FRA-2024-2-003 a) France b) Constitutional Council c) d) 08.02.2024 e) 2023-1079 QPC f) Ms Léopoldina P. (Entitlement to paid leave for an employee on sick leave)
The principle of paid annual leave is one of the guarantees of the right to rest granted to employees under the eleventh paragraph of the Preamble to the 1946 Constitution. It was open to the legislature, for the purpose of calculating the number of working days giving entitlement to leave, to treat as periods of actual work only those periods of absence of the employee due to an accident at work ... Read more
3.21 General Principles - Equality
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Right to rest, Leave, Paid leave, Sick leave, Work accident, Occupational illness, Legislator's discretion, Difference in treatment

FRA-2024-2-004 a) France b) Constitutional Council c) d) 11.04.2024 e) 2024-6 RIP f) Bill to reform access to social benefits for foreign nationals
Questions had arisen over certain provisions that make entitlement to social benefits, some of which are likely to be contributory in nature, for legally resident foreign nationals who are not EU nationals, conditional on residence in France for at least five years or affiliation to a professional activity for at least thirty months. These provisions disproportionately infringe the constitutional ... Read more
3.16 General Principles - Proportionality
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy
Immigration / Social protection

Germany

GER-2024-2-009 a) Germany b) Federal Constitutional Court c) Second Panel d) 09.04.2024 e) 2 BvL 2/22 f) Political appointees
While the possibility of placing a political appointee in temporary retirement at any time, as an interference with the principle of life tenure (Article 33.5 of the Basic Law), is in principle recognised under constitutional law, it must be limited to narrowly defined exceptions. The exceptional civil service category of political appointees is justified by the facts that, in light of their task... Read more
3.9 General Principles - Rule of law
4.11.2 Institutions - Armed forces, police forces and secret services - Police forces
4.6.2 Institutions - Executive bodies - Powers
4.6.9.2 Institutions - Executive bodies - The civil service - Reasons for exclusion
Civil servant, Compulsory retirement / Civil servant, Duty of loyalty / Civil servant, Life tenure / Police body, Activities, Public confidence / Political office, Dismissal / Political appointee, Compulsory retirement

GER-2024-2-010 a) Germany b) Federal Constitutional Court c) Second Chamber of the First Panel d) 23.04.2024 e) 1 BvR 1595/23 f) Repatriation of a child to Ukraine
Generally, a child does not have standing before the Federal Constitutional Court. In case of shared custody, the child must either be represented by both parents or the guardian ad litem appointed in family court proceedings. Generally, the recognised legal interest in bringing proceedings must still exist at the time of the decision of the Federal Constitutional Court. If the relief sought has ... Read more
1.4.9.2 Constitutional Justice - Procedure - Parties - Interest
1.4.9.3.3 Constitutional Justice - Procedure - Parties - Representation - Representation by persons other than lawyers or jurists
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Authority, Parental / Child, Best interest / Child, Care and custody / Child, International abduction / Child, Repatriation / Custody, Joint, By parents / Determination, Abode / Hague Convention, Child abduction / Parent, Co-determination, Right / Parental care, Right of / Residence, Habitual / Risk, Grave / Parental custody

GER-2024-2-011 a) Germany b) Federal Constitutional Court c) First Chamber of the Second Panel d) 28.06.2024 e) 2 BvQ 49/24 f) Reasons for the preliminary injunction regarding the extradition of a German national to Hungary
Even if a violation of the detention conditions under the European Convention on Human Rights may be asserted before the courts of the state issuing the European Arrest Warrant, this does not automatically make a judicial surrender permissible in case of there being a danger of inhuman detention conditions. The Federal Constitutional Court can only effectively fulfil its responsibilities if it ca... Read more
1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures
4.7.4.3.1 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation
5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
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
Detainee, Right to be heard / European Arrest Warrant, Surrender / European Union, Police and judicial co-operation in criminal matters, Effective judicial protection, Right / Extradition, Assurance by receiving state / Extradition, Guarantees / Extradition, Obstacle / Extradition, Person, Vulnerable / Extradition, State of destination, Human rights situation / Gender-based violence / Preliminary injunction, Weighing of consequences / Imprisonment, Conditions / Sexual minorities and transgender persons, Rights and freedoms, Protection and promotion / Non-binary persons

GER-2024-2-012 a) Germany b) Federal Constitutional Court c) Second Panel d) 30.07.2024 e) 2 BvF 1/23, 2 BvF 3/23, 2 BvE 2/23, 2 BvE 9/23, 2 BvE 10/23, 2 BvR 1523/23, 2 BvR 1547/23 f) 2023 Federal Elections Act
The legislator’s decision to reform electoral law is not subject to any special requirements. The second vote basis procedure (Zweitstimmendeckungsverfahren) set out in § 1.3, § 6.1 and first and second sentence of § 6.4 of the Federal Elections Act (hereinafter, the "Act") does not justify any unequal treatment beyond the justified exceptions for successful independent candidates. Under ... Read more
3.3.1 General Principles - Democracy - Representative democracy
4.5.3.1 Institutions - Legislative bodies - Composition - Election of members
4.5.10 Institutions - Legislative bodies - Political parties
4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system
4.9.4 Institutions - Elections and instruments of direct democracy - Constituencies
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
Election, Parliament, Distribution of seats / Electoral system, Proportional representation

Kosovo

KOS-2024-2-001 a) Kosovo b) Constitutional Court c) d) 29.07.2024 e) KO46/23 f) Assembly of the Republic of Kosovo, Assessment of the Law no. 08/L-121 on the State Bureau for Verification and Confiscation of Unjustified Assets
The Law on the "State Bureau for Verification and Confiscation of Unjustified Assets" violates constitutional principles in three aspects concerning namely the scope of the Law, the period of verification of assets and the composition of the Oversight Committee of the State Bureau.
1 Constitutional Justice
1.2.1 Constitutional Justice - Types of claim - Claim by a public body
1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.1 Sources - Categories - law - law
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.3.3 Sources - Categories - law - law
3.10 General Principles - Certainty of the law
3.16 General Principles - Proportionality
3.18 General Principles - General interest
4.7.4.1.6.1 Institutions - Judicial bodies - Organisation - Members - Status - Incompatibilities
4.12.2.2 Institutions - Ombudsman - Guarantees of independence - Incompatibilities
5.3.38.2 Fundamental Rights - Civil and political rights - retrospective effect of law - Civil law
Confiscation of a property / Unjustifiable assets / Non-retrospective effect of law / Burden of proof / Right to property / Assets, Declaration, Failure, Consequence / Oversight of independent agency / Court, Judges, Powers / Ombudsman / Auditor

KOS-2024-2-002 a) Kosovo b) Constitutional Court c) d) 31.07.2024 e) KO158/23 f) Constitutional review of the Law no. 08/L-142 on Amending and Supplementing the Laws that Determine the Amount of the Benefit in the Amount of the Minimum Wage, Procedures on Setting of Minimum Wage and Tax Rates on Annual Personal Income
The Law on amending and supplementing the Laws that Determine the Amount of the Benefit in the Amount of the Minimum Wage, Procedures on Setting of Minimum Wage and Tax Rates on Annual Personal Income adheres to constitutional and international standards. War veterans, blind persons, and paraplegic and tetraplegic persons, cannot be considered to be in “analogous or relatively similar positions” ... Read more
1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies
1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.1 Sources - Categories - law - law
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
3.16 General Principles - Proportionality
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
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Social benefits / Social security scheme / War veterans / People with disabilities / Minimum wage / Equality before the law / Right to property / Legitimate expectations / Social justice

KOS-2024-2-003 a) Kosovo b) Constitutional Court c) d) 02.08.2024 e) KO248/24 f) Constitutional review of Law no. 08/L-209 on Sustainable Investments
The Law no. 08/L-209 on Sustainable Investments, which reflects the purpose of promoting, supporting and protecting sustainable investments and exports in the Republic of Kosovo, including the determination of State objectives and priority sectors for development, is not contrary to the Market Economy with free competition as a value of the constitutional order and a foundation of economic regulat... Read more
1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies
1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
3.25 General Principles - Market economy
Preventive control / Institutional compliance / Market economy, Destabilisation, Protective measures / Competition

Kyrgyzstan

KGZ-2024-2-001 a) Kyrgyzstan b) Constitutional Court c) Plenary d) 14.06.2023 e) 10-P f) Review of the constitutionality of Articles 35.1.11 and 260.1 of the Criminal Procedure Code
Questions had arisen over provisions of the Code of Criminal Procedure which give the prosecutor the opportunity, during criminal proceedings, to overturn decisions which have already been issued and validated by the court. This runs counter to the principle of the separation of powers and could pave the way for arbitrariness.
3.4 General Principles - Separation of powers
4.7.4.3.1 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
Decision, Investigator, Cancellation / Criminal proceedings, Termination / Judiciary, Independence / Investigation, Resumption, Prosecutor

Lithuania

LTU-2024-2-002 a) Lithuania b) Constitutional Court c) d) 18.12.2024 e) KT101-N15/2024 f) Public information having a detrimental effect on minors
Under Article 25 of the Constitution (ensuring inter alia the freedom of information), Article 38.1 and 38.2 of the Constitution (ensuring the duty of the state to protect and nurture childhood), the state is obliged to pay attention to the protection of the interests of minor children as a particularly vulnerable group of persons and it may impose certain limitations on the dissemination o... Read more
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.1.4 Fundamental Rights - General questions - Limits and restrictions
Development of children, Comprehensive / Development of children, Imparting information, Equality, Pluralism, Tolerance / Information on diversity of family models and relationships, Limitations

Mexico

MEX-2024-2-003 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 20.09.2023 e) SUP-JDC-238/2023 f)
Implementing legal provisions that are instrumental in the effective realisation of the rights of individuals within the LGBTQ+ community to vote and be elected, as well as to perform any public function at all levels of government is a constitutional and conventional commitment. It includes participating in the management of public affairs and being appointed or elected to any representative body... Read more
1.2.2 Constitutional Justice - Types of claim - Claim by a private body or individual
1.3.4.10 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments
1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties
1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation
2.1.1.4 Sources - Categories - Written rules - International instruments
2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966
4.9 Institutions - Elections and instruments of direct democracy
4.9.6 Institutions - Elections and instruments of direct democracy - Representation of minorities
4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation
5.3 Fundamental Rights - Civil and political rights
5.3.41 Fundamental Rights - Civil and political rights - Electoral rights
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
Race, Affimative actions / Discrimination, Sexual orientation / Government, Legislative measure / Review of constitutionality

Moldova, Republic of

MDA-2024-2-002 a) Moldova, Republic of b) Constitutional Court c) d) 19.07.2024 e) 18 f) Judgment on the review of the constitutionality of Articles 54.7 and 102.5.f of the Electoral Code
Questions had arisen over the constitutionality of provisions that give the electoral authorities the power to find violations of the Electoral Code by candidates, that could lead to the annulment of the candidate's registration for the elections.
3.3.1 General Principles - Democracy - Representative democracy
3.3.3 General Principles - Democracy - Pluralist democracy
3.9 General Principles - Rule of law
4.9.1 Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting
4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates
4.9.8.1 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing
Candidates, Electoral code breaches, Disqualification

MDA-2024-2-003 a) Moldova, Republic of b) Constitutional Court c) d) 18.07.2024 e) 17 f) Interpretation of certain constitutional provisions and on the review of the constitutionality of Articles 15.2 and 24.1 of the Law on the Superior Council of Magistracy
Questions had arisen over the compliance with the principles of the independence of the judiciary and the separation of powers, in a situation where the Superior Council of Magistracy might be able to appoint a judge to the Constitutional Court if it is not fully quorate.
1.1.2.4 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members
4.7.5 Institutions - Judicial bodies - Supreme Judicial Council or equivalent body
3.4 General Principles - Separation of powers
High Council of Justice, Appointment process / High Council of Justice, Independence / Judicial impartiality

MDA-2024-2-004 a) Moldova, Republic of b) Constitutional Court c) d) 16.07.2024 e) 16 f) Judgment on the plea of unconstitutionality of certain provisions of Article 90.2 of the Electoral Code
Questions had arisen over a provision of the Electoral Code that limited the communication of information about electoral candidates in programmes other than those dedicated to the electoral campaign and expressly included in the editorial policy statements of media service providers.
3.3.3 General Principles - Democracy - Pluralist democracy
4.9.8.3 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Access to media
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
Election campaign, Social media / Election campaign, Candidates, Broadcasting of information, Restriction

MDA-2024-2-005 a) Moldova, Republic of b) Constitutional Court c) d) 09.07.2024 e) 15 f) Judgment on the plea of unconstitutionality and constitutionality review of Article 6.10 and some provisions of Article 7.1 of Law no. 499 on state social allowances for certain categories of citizens, of 14 July 1999
The suspension of the payment of social allowances for care, accompaniment, and supervision during the period of imprisonment for persons with severe, acute, and moderate disabilities, including those with childhood disabilities, is constitutional, to the extent that those with severe childhood disabilities and those with severe visual disabilities who are deprived of their liberty are beneficiari... Read more
3.9 General Principles - Rule of law
3.13 General Principles - Legality
3.12 General Principles - Clarity and precision of legal provisions
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Disabled prisoner, Rights / Disabled person, Care, Appropriate / Disabled person, Imprisonment, Social assistance

MDA-2024-2-006 a) Moldova, Republic of b) Constitutional Court c) d) 20.06.2024 e) 14 f) Judgment on the Constitutionality Review of Article II of Law no. 116 on amending certain legal acts, 16 May 2024
Certain provisions of the law on the administration and privatisation of public property are unconstitutional, as the procedural requirements for adopting organic laws specified in Article 74.1 of the Constitution have not been fulfilled.
4.5.6.4 Institutions - Legislative bodies - making procedure - Right of amendment
3.3.1 General Principles - Democracy - Representative democracy
4.5.6.1 Institutions - Legislative bodies - making procedure - Right to initiate legislation
Organic Law, Adoption, Vote / Public enterprise, Privatisation / Legislative amendment, Procedural requirement / Law, Review, Before entry into force

Netherlands

NED-2024-2-001 a) Netherlands b) Supreme Court c) Civil chamber d) 12.07.2024 e) 23/00868, 23/00901 f)
Judges must exercise judicial restraint when examining statutory arrangements whose introduction is competence of the legislator. However, immediate and effective protection against discrimination based on sexual orientation can outweigh this. Therefore, the Joint Court of Justice could decide to open up marriage to persons of the same sex.
5.3.34 Fundamental Rights - Civil and political rights - Right to marriage
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation
Discrimination based on sexual orientation / Law-making task of the Court

North Macedonia

MKD-2024-2-002 a) North Macedonia b) Constitutional Court c) d) 20.06.2024 e) 99/2024 f)
The criminal offense of Laundering of Money and Other Proceeds from Crime, from Article 273 of the Criminal Code is formulated with sufficient clarity and precision to satisfy the constitutional principle of legality (nullum crimen, nulla poena sine lege) and therefore no procedure is initiated to assess the constitutionality of the contested provisions of the Code.
3.9 General Principles - Rule of law
3.12 General Principles - Clarity and precision of legal provisions
3.13 General Principles - Legality
3.14 General Principles - Nullum crimen, nulla poena sine lege
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
Standard of proof / Reasonable suspicion / Money laundering / In dubio pro reo, Principle

Portugal

POR-2024-2-007 a) Portugal b) Constitutional Court c) Plenary d) 23.01.2024 e) f)
A norm contained in the Criminal Code, which provides for the offence of pet abuse, is not unconstitutional.
3.10 General Principles - Certainty of the law
3.12 General Principles - Clarity and precision of legal provisions
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Pet abuse

POR-2024-2-008 a) Portugal b) Constitutional Court c) Plenary d) 20.02.2024 e) 128/2024 f)
The acquisition of nationality (by naturalisation) is a legal option and cannot be considered a form of exercise of any right, freedom or guarantee, in particular the right to life.
2.1.1.1 Sources - Categories - Written rules - National rules
3.10 General Principles - Certainty of the law
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
Sephardic Jews, Descendants, Nationality, Right

POR-2024-2-009 a) Portugal b) Constitutional Court c) Plenary d) 14.05.2024 e) 380/2024 f)
The right of workers to assistance and fair compensation in cases of work-related accidents or work-related illness must necessarily entail the granting of a supplementary benefit in addition to the pension in an amount compatible with the need to hire another person to provide assistance.
2.1.1.1 Sources - Categories - Written rules - National rules
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Work-related accident / Work-related illness / Social security index

POR-2024-2-010 a) Portugal b) Constitutional Court c) Plenary d) 09.07.2024 e) 539/2024 f)
The power to “represent the State” which is granted to the Public Prosecution Service by Article 219 of the Constitution means that representation of the State by the Public Prosecution Service in administrative litigation, when an action is brought against the State, cannot be a “mere possibility”.
2.1.1.1 Sources - Categories - Written rules - National rules
4.7.4.3.1 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers
State, Legal representation

POR-2024-2-011 a) Portugal b) Constitutional Court c) Plenary d) 11.07.2024 e) 548/2024 f)
Control of internal or cross-border arrangements by means of an obligation on the part of lawyers acting as intermediaries to report such arrangements to the Tax Authority does not breach the proportionality principle in the restriction of fundamental rights.
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
3.16 General Principles - Proportionality
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Cross-border arrangements / Internal arrangements / Professional legal privilege, Right / Tax authority, Reporting

Serbia

SRB-2024-2-002 a) Serbia b) Constitutional Court c) Grand Chamber d) 25.04.2024 e) Už-13834/2018 f)
In criminal matters, the provision of complete and detailed information regarding the accusation against the defendant is an essential prerequisite for ensuring a fair trial.
5.3.13.25 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the charges
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
Accused, Rights, Defence

Slovenia

SLO-2024-2-002 a) Slovenia b) Constitutional Court c) d) 19.01.2023 e) Up-538/20 f)
In a collision between the right to respect for private life and the freedom of expression a fair balance has to be struck, i.e. the scope of exercise of each of the opposing rights has to be narrowed to the extent necessary to enable the exercise of the other. Assessing whether the exercise of one right already excessively restricts the exercise of the other requires a value-based balancing of th... Read more
5.3.36.2 Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
3.17 General Principles - Weighing of interests
3.18 General Principles - General interest
Surveillance, Wiretapping / Pre-trial investigation, Case file / Practical concordance, Balancing / Communication privacy protection / Media, Freedom of expression / Public debate, Contribution / Public interest, Receiving information

SLO-2024-2-003 a) Slovenia b) Constitutional Court c) d) 16.03.2023 e) U-I-416/19 f)
In the light of the European Union law, the statutory regulation of the use of plant protection products in core water protection areas - which requires the Government to establish buffer zones where the use of plant protection products is prohibited or restricted, and to establish a water protection regime with prohibitions or restrictions for the protection of a body of water used for the abstra... Read more
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
1.6.2 Constitutional Justice - Effects - Determination of effects by the court
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
2.1.3.2.2 Sources - Categories - law - law - Court of Justice of the European Union
5.5.1 Fundamental Rights - Collective rights - Right to the environment
3.13 General Principles - Legality
3.15 General Principles - Publication of laws
Right to drinking water / Water protection / Future generations, Environment, Impact / Plant protection products, Use / Pollution / Community law, National law, Interpretation favourable to Community law

SLO-2024-2-004 a) Slovenia b) Constitutional Court c) d) 28.09.2023 e) U-I-460/20 f)
The Mental Health Act satisfies the requirements arising from Articles 19.2, 52.1 and 56.1 of the Constitution with regard to the admissibility of an interference with the right to personal liberty of minors with mental disorders as it ensures the special care and protection of the rights guaranteed to minors by the Constitution during their commitment to and treatment in a secure ward of a social... Read more
1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.1.4.15 Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Mental disorders, Treatment, Consent, Involuntary commitment / Child, Placement, Secure care institution / Children, Special needs, Condition, Mental and physical / Personal liberty / Care, Psychiatric

Sweden

SWE-2024-2-001 a) Sweden b) Supreme Administrative Court c) d) 10.06.2024 e) f)
There is no right under Article 6.1 ECHR to appeal against a disqualification decision when there is a national provision stating that such a decision cannot be appealed.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
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 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
Access to court / Appeal / Disqualification

SWE-2024-2-002 a) Sweden b) Supreme Administrative Court c) d) 14.06.2024 e) 5599-23, 5600-23 f)
Tax surcharges covered in the Tax Procedures Act (2011:1244) can be reduced by half when the processing time is deemed unreasonably long.
5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time
4.10.7.1 Institutions - Public finances - Taxation - Principles
5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation
Time, Reasonable / Trial within reasonable time / Tax surcharges / Court inactivity

Switzerland

SUI-2024-2-003 a) Switzerland b) Federal Court c) Criminal Law Court d) 30.03.2023 e) 6B_1206/2021 f) A. v. Ministère public central du canton de Vaud
Articles 10.2, 13.1 and 36 of the Federal Constitution; Article 8 ECHR; control of a prisoner's correspondence by the penal establishment. Apart from reasons of order and security in the penal establishment, a prisoner's relations with the outside world are governed by the plan for the serving of his penal sanction. In this context, where child victims are likely to be exposed to the risk of seco... Read more
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.36.1 Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence
3.17 General Principles - Weighing of interests
Child, Criminal victim, Photography, Protective measures / Parent, Detention, Communication, Children / Censorship, Correspondence, Prisoners

SUI-2024-2-004 a) Switzerland b) Federal Court c) Criminal Law Court d) 27.09.2022 e) 6B_1325/2021, 6B_1348/2021 f) A. and Unknown x, nicknamed B., v. Central Public Ministry of the Canton of Vaud
Articles 6 ECHR and 14.3.g of the International Covenant on Civil and Political Rights, Articles 29, 29a and 32 of the Federal Constitution and Articles 113 and 354 of the Swiss Code of Criminal Procedure; principle of non-incrimination (nemo tenetur se ipsum accusare) and right to remain silent; duty to disclose one's identity; guaranteed access to a judge; prohibition of excessive formali... Read more
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.23 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent
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
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
Anonymity, Law / Identity, Disclosure / Excessive formalism / Criminal procedure

Türkiye

TUR-2024-2-001 a) Türkiye b) Constitutional Court c) Plenary d) 29.02.2024 e) 2020/9691 f) Mohammad Atamleh
The imposition of an administrative fine for transporting gold coins overseas without complying with the statutory notification requirement constitutes a violation of the right to property guaranteed by Article 35 of the Constitution, since the relevant provision of law does not allow for an individualised assessment of the persons who have committed the administrative offence.
5.3.39 Fundamental Rights - Civil and political rights - Right to property
3.16 General Principles - Proportionality
Asset, Private property / Fine, Monetary, Proportionality / Administrative fine, Right to property / Fault, Degree / Precious metals, Export

TUR-2024-2-002 a) Türkiye b) Constitutional Court c) Second Section d) 19.03.2024 e) 2019/15907 f) Yakup Güneş
The right to remain silent and not to incriminate oneself is enshrined in Article 38.5 of the Constitution and the legislative intent is to prohibit inhuman treatment and to leave no room for any form of treatment likely to constitute torture. The right to personal liberty and security, enshrined in Article 19 of the Constitution, is violated when a witness is taken into disciplinary custody for ... Read more
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.13.23 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent
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
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
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
Disciplinary detention / Criminal procedure, Hearing, Right to remain silent, Witness / Criminal procedure, Hearing, Right not to incriminate oneself, Witness / Criminal procedure, Witness testimony / Witness testimony, Refusal / Torture, Prohibition

TUR-2024-2-003 a) Türkiye b) Constitutional Court c) Plenary d) 22.02.2024 e) 2023/116 f)
The legislator has the discretionary power to regulate the procedures and principles of divorce and can determine the conditions which are sought for deciding on irretrievable breakdown of the marital bond by the spouses’ failure to re-establish a common life but the legal provisions must be proportionate and reasonable. The legal provision that makes an application for divorce on the grounds of ... Read more
3.16 General Principles - Proportionality
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
4.5.2 Institutions - Legislative bodies - Powers
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
3.19 General Principles - Margin of appreciation
Legal proceedings, Divorce, Duration

Ukraine

UKR-2024-2-006 a) Ukraine b) Constitutional Court c) Second Senate d) 13.05.2024 e) 6-r(II)/2024 f) Conformity of Articles 3.2, 4.2.1.9 of the Law on “Court Fee” with the Constitution (constitutionality) (case on binding nature of a court decision)
The Constitutional Court declared Articles 3.2, 4.2.1.9 of the Law on "Court Fee" to be inconsistent with the Constitution (unconstitutional) in that they allow for the collection of court fees when filing an appellate and cassation complaint against a court ruling issued upon the adoption of the deliberation of a complaint against a decision, actions or inactions of a State enforcement officer or... Read more
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
Court fee / Payment / Cassation complaint / Аppellate complaint, State Enforcement

UKR-2024-2-007 a) Ukraine b) Constitutional Court c) Second Senate d) 19.06.2024 e) 7-r(II)/2024 f) Compliance of Article 176.6 of the Criminal Procedure Code with the Constitution (constitutionality)
The Constitutional Court declared Article 176.6 of the Criminal Procedure Code as conforming to the Constitution (constitutional).
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial
Positive obligation / Preventive measures / Detention, Condition / Preventative measure, Duty to protect

UKR-2024-2-008 a) Ukraine b) Constitutional Court c) Second Senate d) 18.07.2024 e) 8-r(II)/2024 f) Compliance of Article 615.6 of the Criminal Procedure Code with the Constitution (constitutionality) (case on guarantees of judicial control over the observance of the rights of persons in custody)
The legislator’s regulation of the procedure for extending the detention period as a precautionary measure in a manner that does not involve the participation of a court (judge) results in a violation of the constitutional right to judicial protection (Article 55.1 of the Constitution) in conjunction with the right to liberty and inviolability of person (Article 29.1 of the Constitution) and the r... Read more
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
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
In dubio pro reo, Principle / Pre-trial detention, Conditions / Pre-trial detention, Extension

United Kingdom

GBR-2024-2-001 a) United Kingdom b) Supreme Court c) d) 08.02.2023 e) [2023] UKSC 5 f) James Hugh Allister and others and Clifford Peeples v. the Secretary of State for Northern Ireland and others
The Protocol on Ireland/Northern Ireland, which formed part of the Withdrawal Agreement between the UK and the EU and was given legal effect by the European Union (Withdrawal) Act 2018, was not contrary to the Union with Ireland Act 1800 or the Northern Ireland Act 1998. Further, the Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 were not ultra vire... Read more
1.3.4.3 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities
2.1.1.1.2 Sources - Categories - Written rules - National rules - constitutional enactments
2.1.2.2 Sources - Categories - Unwritten rules - General principles of law
2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution
International agreement, Validity, Assessment / Withdrawal Act / Ultra vires, Constitutional application

GBR-2024-2-002 a) United Kingdom b) Supreme Court c) d) 18.10.2023 e) [2023] UKSC 36 f) In the matter of an application by Rosaleen Dalton for Judicial Review (Northern Ireland)
The positive obligation of public authorities to investigate a death under Article 2 ECHR does not apply to deaths which occurred before the commencement date of the Human Rights Act 1998, unless there was a genuine connection between the death and the commencement date or the European Convention on Human Rights values test is met. Normally, a genuine connection should not exceed 10 years, but in ... Read more
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.1 Sources - Categories - law - law
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
4.11.2 Institutions - Armed forces, police forces and secret services - Police forces
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.2 Fundamental Rights - Civil and political rights - Right to life
1.6.5 Constitutional Justice - Effects - Temporal effect
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
Right to life, Procedural nucleus / Investigation, Death

GBR-2024-2-003 a) United Kingdom b) Supreme Court c) d) 15.11.2023 e) [2023] UKSC 42 f) R (on the application of AAA and others) v. Secretary of State for the Home Department
The Home Secretary’s policy of sending certain people claiming asylum in the UK to Rwanda, where their claims would be decided by the Rwandan authorities, was unlawful. There were substantial grounds for believing that asylum seekers would face a real risk of ill-treatment by reason of refoulement to their country of origin if they were removed to Rwanda.
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
4.5.2.1 Institutions - Legislative bodies - Powers - Competences with respect to international agreements
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
Asylum, Policy / Asylum, Powers / Policy decision, Reviewability / Government, Policy, Constitutionality / Immigration, Law, Expulsion or return

GBR-2024-2-004 a) United Kingdom b) Supreme Court c) d) 17.04.2024 e) [2024] UKSC 12 f) Secretary of State for Business and Trade v. Mercer
A provision of domestic legislation that provided no protection to workers who suffer detrimental treatment short of dismissal for participation in lawful strike action organised by their trade union was incompatible with Article 11 ECHR, under which states have a positive obligation to secure effective enjoyment of the right to participate in a lawful strike. The provision could not be interprete... Read more
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.1 Sources - Categories - law - law
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.2.1.5 Sources - Hierarchy - national sources - constitutional domestic legal instruments
3.19 General Principles - Margin of appreciation
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike
5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions
Right to strike, Conditions, Exercise / Unconstitutionality, Declaration, Non-compatibility, ECHR

GBR-2024-2-005 a) United Kingdom b) Supreme Court c) d) 08.05.2024 e) [2024] UKSC 16 f) Argentum Exploration Ltd v. Republic of South Africa
A foreign state is entitled to invoke state immunity under the UK State Immunity Act 1978 where its property was salvaged from a shipwreck, brought back to the UK and became the subject of a salvage claim in rem, unless both the property and the ship carrying it were, at the time when the cause of action arose, in use or intended for use for commercial purposes. Article 6 ECHR is not engaged, or ... Read more
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.1 Sources - Categories - law - law
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.3.2.3 Sources - Categories - law - law - Other international bodies
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
Immunity, State / Immunity from jurisdiction / Access to courts, Administrative sanction, Appeal