e-Bulletin on Constitutional Case-Law
2024/3

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 of the Council of Europe. 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”)

June 2025

Albania

ALB-2024-3-002 a) Albania b) Constitutional Court c) d) 25.01.2024 e) 1 f) Special treatment of students of the Faculty of Medicine
Legal provisions that oblige medical students to be employed in health institutions in the Republic of Albania after completing their studies and for a duration of no less than five years, three years and two years violate the right to education in relation to the principle of legal certainty.
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
Medical student / Cost of studies / Fulfilment of employment obligation / Priority employment

ALB-2024-3-003 a) Albania b) Constitutional Court c) d) 29.01.2024 e) 2 f) Migration Protocol
The Migration Protocol does not contain rules that affect the territorial integrity of the Republic of Albania in favour of the Italian State or any other provision relinquishing Albanian’s State jurisdiction over its territory. The Italian State's jurisdiction aims at fulfilling its obligations with regard to migration and asylum with a view to guaranteeing migrants’ rights deriving from internat... Read more
1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties
3.8 General Principles - Territorial principles
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
Treaty, Power to negotiation and conclude, Limitation / Ratification / Territory / Rights of migrants / Third country

ALB-2024-3-004 a) Albania b) Constitutional Court c) d) 30.01.2024 e) 3 f) Skavica Hydro Power Plant
Lack of a public consultation process during the enactment of Law no. 38/2021 violated the procedure, since the participation of the public in the first phase of the project of construction of the Skavica Hydro Power Plant was not guaranteed, contrary to Article 56 of the Constitution and Articles 6 and 8 of the Aarhus Convention, which define the State's obligation to inform and guarantee the eff... Read more
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Environment / State of the environment and its protection / Public consultation / Environment, Protection, Aarhus Convention / National identity / Social objectives

ALB-2024-3-005 a) Albania b) Constitutional Court c) d) 24.04.2024 e) 34 f) Agreement for Administration of the Park of Butrint
According to the model of indirect administration, the provisions of the Agreement of Administration guarantee the primary role of the State; they do not provide for and do not permit the State to be divested of ownership. The rights and competences that have been given to the Foundation for the Management of Butrint in no case exceed those of an ordinary administration of property and do not cont... Read more
1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties
5.4 Fundamental Rights - Economic, social and cultural rights
3.9 General Principles - Rule of law
2.2.1.2 Sources - Hierarchy - national sources - Treaties and legislative acts
Cultural heritage zone / Approving law / Paris Convention / Agreement of administration

ALB-2024-3-006 a) Albania b) Constitutional Court c) d) 19.06.2024 e) 48 f) Regulation of the Assembly
Although the Assembly’s Regulation is, by its atypical nature, a sui generis act, taking into account that the claims relate to constitutional norms, consequently creating a dispute of a constitutional nature, and also since that act is not expressly subject to the control of any other judicial jurisdiction, and neither is there any express prohibition against exercising constitutional con... Read more
1.1 Constitutional Justice - Constitutional jurisdiction
3.3.1 General Principles - Democracy - Representative democracy
1.3.5.9 Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules
Autonomy of the Assembly / Plenary commissions

Argentina

ARG-2024-3-003 a) Argentina b) Supreme Court of Justice of the Nation c) d) 24.09.2024 e) CFP 9243/2007/T01/7/1/RH3 f) Martín, Raúl Eugenio y otros s/ incidente de recurso extraordinario
The sentence that acquitted the defendant, who was accused of being a necessary participant in the abduction, retention, concealment and suppression of the identity of five children and in the unlawful deprivation of liberty and torments committed to the detriment of the mothers —aggravated by his condition of being a public official— was arbitrary. Taking into account that the defendant was an i... Read more
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
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
Crimes against humanity, Prosecution / Acquittal, Cassation appeal, Legal remedy / Hospital, Detention, Compulsory / Concealment and retention of childen / Doctors' duties / De facto government

Austria

AUT-2024-3-003 a) Austria b) Constitutional Court c) d) 12.12.2024 e) G 229/2023 f)
If the decision to commit suicide is based on free self-determination, the legislator must respect this. However, it is within the discretion of the legislator to allow assisted suicide only if the person wishing to die suffers from an incurable, fatal or serious, permanent illness. The short period of validity of a dying will violates the principle of equality. The extensive ban on advertising ... Read more
5.2 Fundamental Rights - Equality
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.1.4 Fundamental Rights - General questions - Limits and restrictions
3.16 General Principles - Proportionality
3.18 General Principles - General interest
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
Death, Self-determined, Right / Personal autonomy / Suicide, Assistance, Criminal offence / Suicide, Assisted, Service / Assisted suicide, Advertisment / Will, Period of validity

Belgium

BEL-2024-3-007 a) Belgium b) Constitutional Court c) d) 26.09.2024 e) 102/2024 f)
The law violates the right to respect for private and family life as well as the resulting right to know one's parentage in that it absolutely prevents a child born of sperm donation from obtaining any identifying or non-identifying information about the donor from the fertility clinic.
3.17 General Principles - Weighing of interests
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
Filiation, Medically assisted procreation / Private life, Balance between rights and interests / Identity, Law, Right to know one's ancestry / Anonymity of the gamete donor

Bosnia and Herzegovina

BiH-2024-3-001 a) Bosnia and Herzegovina b) Constitutional Court c) Plenary d) 19.09.2024 e) U-12/24 f)
The Entities must comply with the laws at the level of Bosnia and Herzegovina. The Election Law of Bosnia and Herzegovina amounts to a “decision of the institutions of Bosnia and Herzegovina” in terms of Article III.3.b of the Constitution. This law establishes, inter alia, the principles upon which election laws and regulation on all other levels of power must be based.
1.3.4.3 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
4.8.8.2 Institutions - government - Distribution of powers - Implementation
Conflict of powers / State, Institution, Decision

Brazil

BRA-2024-3-001 a) Brazil b) Supreme Federal Court c) Full Court d) 29.05.2023 e) Direct Action of Unconstitutionality 6137 (ADI 6137) f) Pesticides: environmental and health protection which fall under the concurrent competence of the Union, the states, and the Federal District.
A State rule prohibiting the use of aerial spray pesticides is constitutional, in view of the proportionality of the measure and the principles of environmental prevention and precaution.
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
1.3.5.8 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities
4.5.6.1 Institutions - Legislative bodies - making procedure - Right to initiate legislation
4.8 Institutions - government
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
1.5.5.1 Constitutional Justice - Decisions - Individual opinions of members - Concurring opinions
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Environment, Hazard / Environment, Integrity, Sustainable / Health, Protection, Precaution, Principle / Plant protection products, Use / Agricultural products, Safety / Environment, Precautionary measure, Protection, Competence

BRA-2024-3-002 a) Brazil b) Supreme Federal Court c) Full Court d) 13.06.2023 e) Direct Action of Unconstitutionality 4652 (ADI 4652) f) Prohibition of disclosure of professional matters by federal public attorneys
Linking the professional manifestation of a federal public attorney to an order by the Attorney General of the Union or to his prior express authorisation is constitutional. However, this limitation cannot be foreseen in a broad and unrestricted manner. Therefore, to avoid arbitrariness, academic freedom and the professional duty to report on any illegalities verified in the exercise of the profes... Read more
1.2.1.7 Constitutional Justice - Types of claim - Claim by a public body - General
1.4.8.5 Constitutional Justice - Procedure - Preparation of the case for trial - Opinions
1.5.5 Constitutional Justice - Decisions - Individual opinions of members
4.4.6.1.1.2 Institutions - Head of State - Status - Liability - Legal liability - Civil liability
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Administrative silence, Attorney General, State Prosecutor / Attorney’s duties / Public concern, Speech / Public debate, Chilling effect / Public official, Freedom of expression / Speech, Freedom of, Limitations

BRA-2024-3-003 a) Brazil b) Supreme Federal Court c) d) 03.03.2024 e) Extraordinary Appeal 1211446 (RE 1211446) f) Maternity leave to a non-pregnant mother in a same-sex stable union
Possibility of granting maternity leave to a non-pregnant mother in a same-sex stable union whose partner became pregnant after an artificial insemination procedure.
5.2.1.2.1 Fundamental Rights - Equality - Scope of application - Employment - In private law
5.2.1.2.2 Fundamental Rights - Equality - Scope of application - Employment - In public law
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
Maternity, Protection / Labour law, Maternity leave, Interpretation

BRA-2024-3-004 a) Brazil b) Supreme Federal Court c) Full Court d) 04.03.2024 e) Claim of Non-Compliance with a Fundamental Precept 760 (ADPF 760) and Direct Action of Unconstitutionality by Omission 54 (ADO 54) f) Omission of the federal government in protecting Brazil’s Legal Amazon
Questions had arisen over the failure by the federal government to fight deforestation and preserve the Amazon Forest.
4.14 Institutions - Activities and duties assigned to the State by the Constitution
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Environment, Balanced, Adequate, Right / Environment, Climate protection / Environment, Conservation

BRA-2024-3-005 a) Brazil b) Supreme Federal Court c) Full Court d) 20.03.2024 e) Claim of Non-Compliance with a Fundamental Precept 743, 746, and 857 (ADPFs 743, 746, and 857) f) Fighting and controlling fires in Brazilian Amazon Forest and Pantanal biomes
A prevention plan must be prepared and effective and concrete measures adopted to control and fight forest fires.
4.14 Institutions - Activities and duties assigned to the State by the Constitution
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.1.5 Fundamental Rights - General questions - Emergency situations
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Constitution, Jurisdiction of federal government, Environment / Environment, Balanced, Adequate, Right / Environment, Government decision, Judicial review / Environment, Hazard / Forest land, Protection / Amparo for compliance, Collective and environmental rights

BRA-2024-3-006 a) Brazil b) Supreme Federal Court c) Full Court d) 08.04.2024 e) Direct Action of Unconstitutionality 6457 (ADI 6457) f) The Armed Forces cannot intervene in the Executive, Legislative, or Judicial branches
The institutional mission of the Armed Forces to defend the country, to guarantee constitutional powers, and to ensure law and order does not include exercising a “moderating power” over the Executive, Legislative and Judicial Branches.
1.3.4.2 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities
2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution
3.3 General Principles - Democracy
3.4 General Principles - Separation of powers
4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces
4.4.3 Institutions - Head of State - Powers
Armed forces, Discipline, Judicial review / Democracy, Ability to defend itself

BRA-2024-3-007 a) Brazil b) Supreme Federal Court c) Full Court d) 11.04.2024 e) Habeas Corpus 208240 (HC 208240) f) Illegitimacy of a police search based on race, sexual orientation or physical appearance
A police search based on the colour of a person's skin is not lawful.
5.2.2.2 Fundamental Rights - Equality - Criteria of distinction - Race
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities
Identity, Check, Police custody / Race, Discrimination / Racism, Social dimension / Discrimination, Perception, Basis

BRA-2024-3-008 a) Brazil b) Supreme Federal Court c) Full Court d) 06.06.2024 e) Direct Action of Unconstitutionality by Omission 63 (ADO 63) f) Inaction by the National Congress in issuing a regulatory law for the special protection of the Pantanal biome
The Federal Supreme Court recognised that the National Congress delayed passing a law for the special protection of the Pantanal biome in the state of Mato Grosso and set a period of 18 months for the National Congress to close the legislative gap. Until then, the Court ordered the application of norms defined by the Mato Grosso and Mato Grosso do Sul states.
1.1 Constitutional Justice - Constitutional jurisdiction
1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies
1.1.4.3 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Executive bodies
1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review
1.3.4.3 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
1.5.6.3.1 Constitutional Justice - Decisions - Delivery and publication - Publication - Publication in the official journal/gazette
1.6.3 Constitutional Justice - Effects - Effect erga omnes
2.1.3 Sources - Categories - law
2.2.1.2 Sources - Hierarchy - national sources - Treaties and legislative acts
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Environment, Balanced, Adequate, Right / Environment, Protected zone / Environment, Right to the protection of a healthy environment / Law, Omission, Unconstitutionality / Legislative body, Omission / Parliament, Failure to act

BRA-2024-3-009 a) Brazil b) Supreme Federal Court c) Full Court d) 26.06.2024 e) Extraordinary Appeal 635659 (RE 635659) f) Carrying a small amount of cannabis sativa (marijuana) for personal use does not constitute a criminal offense
A person who acquires, holds, stores, transports, or carries the substance cannabis sativa (marijuana), in small quantities, for personal consumption, is not committing a criminal offense. Until there is any legislation on the subject, as a rule, anyone who acquires, holds, stores, transports, or carries up to 40 grams or six female plants of cannabis sativa (marijuana) is assumed as a user.
1.1 Constitutional Justice - Constitutional jurisdiction
1.2.2.1 Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person
1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review
1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms
1.3.5.5 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
1.6.9.1 Constitutional Justice - Effects - Consequences for other cases - Ongoing cases
2.1.1.1 Sources - Categories - Written rules - National rules
2.3.8 Sources - Techniques of review - Systematic interpretation
3.14 General Principles - Nullum crimen, nulla poena sine lege
5.1.1.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
Crime, Elements / Cannabis, Minor quantity, Personal consumption / Drug, Possession / Addiction / Medical treatment

BRA-2024-3-010 a) Brazil b) Supreme Federal Court c) Full Court d) 28.06.2024 e) Direct Action of Unconstitutionality 5668 (ADI 5668) f) National Education Plan: combating discrimination based on gender and sexual orientation in schools.
Public and private schools have the obligation to curb discrimination based on gender, gender identity and sexual orientation, as well as bullying and gender/sex discrimination in general.
1.1 Constitutional Justice - Constitutional jurisdiction
1.1.4.3 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Executive bodies
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
5.5.4 Fundamental Rights - Collective rights - determination
Discrimination, Sexual orientation / Education, Child, Protection against violence and abuse / Education, Positive obligation / Education, School, Private, National education policy, Application / Gender discrimination / Gender, Identity / Gender-based violence / National education / Sexual minorities and transgender persons, Rights and freedoms, Protection and promotion / Sexual rights, Free development

BRA-2024-3-011 a) Brazil b) Supreme Federal Court c) Full Court d) 26.09.2024 e) Extraordinary Appeal 566,471 (RE 566,471) f) Legal and factual requirements for the government's provision of high-cost medicines that are not listed in the Unified Health System (SUS)
In exceptional cases, provided the requirements established in this ruling are met, a court decision can order the state to provide high-cost drugs registered with the Brazilian Health Regulatory Agency (ANVISA), even if they are not yet on the list of the Unified Health System (SUS).
1.2.1.3 Constitutional Justice - Types of claim - Claim by a public body - Executive bodies
1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions
1.6.9.1 Constitutional Justice - Effects - Consequences for other cases - Ongoing cases
2.3.8 Sources - Techniques of review - Systematic interpretation
3.4 General Principles - Separation of powers
4.10 Institutions - Public finances
5.1.1.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons
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
Administrative decision, Substitution by judicial decision, Criteria / Analysis, Factual and legal, Complex / Health facility, Medical treatment / Medical good, Price / Medical treatment, Evidence / Medication, Free

BRA-2024-3-012 a) Brazil b) Supreme Federal Court c) Full Court d) 17.10.2024 e) Claim of Non-Compliance with a Fundamental Precept 787 (ADPF 787) f) Inaction by the Federal Government in providing transgender and travesti individuals with proper access to health care.
The government must guarantee medical care for transgender and travesti individuals in all medical specialties, regardless of their legal gender.
1.1 Constitutional Justice - Constitutional jurisdiction
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
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity
5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
5.5.4 Fundamental Rights - Collective rights - determination
General interest, Healthcare system, Proper functioning / Healthcare, Establishments / Public health care, Free / Transsexual persons / Transsexual, Recognition / Violence, Gender, Transsexual, Political

BRA-2024-3-013 a) Brazil b) Supreme Federal Court c) Full Court d) 06.11.2024 e) Claim of Non-Compliance with a Fundamental Precept 946 (ADPF 946) f) COVID-19: municipal ordinance and compulsory vaccination.
Municipal law cannot prohibit compulsory vaccination against COVID-19.
1.1 Constitutional Justice - Constitutional jurisdiction
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
3.6.3 General Principles - Structure of the State - Federal State
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
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
COVID-19, Ban, Limitation, Private gatherings / COVID-19, Coronavirus, Infection / COVID-19, Epidemic, Measures / COVID-19, Non-vaccinated persons / COVID-19, Public health / COVID-19 vaccination / COVID-19, Vaccine pass, Places, Access / National regulations, COVID-19, Limitations on the right of exit and entry, Public health, Public order / COVID-19, Pandemic, Legislative response / COVID-19, Pandemic, Measures

BRA-2024-3-014 a) Brazil b) Supreme Federal Court c) Full Court d) 11.11.2024 e) Claim of Non-Compliance with a Fundamental Precept 743 (ADPF 743) f) Structural litigation to reformulate federal efforts to prevent and combat fires and deforestation in the Amazon and Pantanal biomes.
Questions had arisen over the efficacy of efforts by federal and state authorities to protect the Amazon and the Pantanal biomes.
1.6.2 Constitutional Justice - Effects - Determination of effects by the court
1.6.3.1 Constitutional Justice - Effects - Effect erga omnes - Stare decisis
1.6.5 Constitutional Justice - Effects - Temporal effect
1.6.9.1 Constitutional Justice - Effects - Consequences for other cases - Ongoing cases
1.6.9.2 Constitutional Justice - Effects - Consequences for other cases - Decided cases
4.14 Institutions - Activities and duties assigned to the State by the Constitution
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.1.5 Fundamental Rights - General questions - Emergency situations
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Constitution, Jurisdiction of federal government, Environment / Environment, Balanced, Adequate, Right / Environment, Government decision, Judicial review / Environment, Right to protection of a healthy environment / Precautionary measure / Amparo for compliance, Collective and environmental rights / Environment, Precautionary measure / Forest land, Protection

Bulgaria

BUL-2024-3-005 a) Bulgaria b) Constitutional Court c) d) 03.10.2024 e) 14 f)
The Government's role in national governance is not limited to implementing parliamentary decisions. Rather, it must direct and implement the domestic and foreign policy of the state in accordance with the Constitution and the laws. It is the political apex in the governance of the state, not a mere subordinate to Parliament. In the event of a discrepancy between the government's executive discret... Read more
4.5.2.4 Institutions - Legislative bodies - Powers - Negative incompetence
3.4 General Principles - Separation of powers
3.9 General Principles - Rule of law
1.1.4.3 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Executive bodies
Checks and balances / Ultra vires act / Distribution of dividends, Public company

BUL-2024-3-006 a) Bulgaria b) Constitutional Court c) d) 24.09.2024 e) 15/2024 f)
An act of resignation is a unilateral expression of the will. It requires acceptance by the other party. A withdrawal has the same legal power as a resignation, but in the opposite direction. When voting, Parliament is simply verifying that the will was freely formed. It does not review the motives behind the resignation. A resignation may be withdrawn at any point before voting takes place. Votin... Read more
1.3.5.9 Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules
3.9 General Principles - Rule of law
4.5.7 Institutions - Legislative bodies - Relations with the executive bodies
Withdrawal of resignation

Canada

CAN-2024-3-006 a) Canada b) Supreme Court c) d) 29.11.2024 e) 40864 f) Sanis Health Inc. v. British Columbia
1.Section 11 of the Opioid Damages and Health Care Costs Recovery Act (hereinafter, “ORA”) enacted by the province of British Columbia authorises British Columbia to bring against pharmaceutical companies which manufacture, market, and distribute opioid products throughout Canada, a class proceeding on behalf of a class consisting of all federal, provincial, and territorial governments and agencie... Read more
4.5.2 Institutions - Legislative bodies - Powers
4.8.8 Institutions - government - Distribution of powers
National class actions, Opioid products / Authority to legislate, Province, National class actions

CAN-2024-3-007 a) Canada b) Supreme Court c) d) 06.12.2024 e) 40465 f) R. v. Campbell
An accused with whom the police corresponded by text messages by impersonating a drug trafficker known to the accused had a reasonable expectation of privacy in his text message conversation and had standing to challenge the search under Section 8 of the Canadian Charter of Rights and Freedoms (hereinafter, “Charter”), which states that “everyone has the right to be secure against unreasonable sea... Read more
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications
Search without warrant, Text messages / Text messages, Warrantless search / Text message conversation, Expectation of privacy / Privacy, Text message conversation

Council of Europe

ECH-2024-3-014 a) Council of Europe b) European Court of Human Rights c) Section V d) 24.09.2024 e) 44715/20 and 47930/21 f) A.L. AND E.J. v. France (dec.)
French jurisdiction in respect of remote retrieval of EncroChat user data and French authorities’ transfer of data of users located in the United Kingdom to authorities of that State pursuant to European Investigation Order.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
1.3.5.2 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law
1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi
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
European Investigation Order / Exhaustion of remedies / Internet, Data protection / Communication, Surveillance / Locus standi, Victim status

ECH-2024-3-015 a) Council of Europe b) European Court of Human Rights c) Third Section d) 10.12.2024 e) nos. 71671/16 and 40190/18 f) F.M. and Others v. Russia
Failure to protect irregular female migrant workers from trafficking and servitude and to investigate the crimes committed against them: 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
Servitude / Forced labour / Procedural obligation / Discrimination

Croatia

CRO-2024-3-010 a) Croatia b) Constitutional Court c) d) 08.10.2024 e) U-II-491/2024 f)
The Constitutional Court has no jurisdiction to review the conformity with the Constitution and the law of the Agreement on the Determination of the Succession of Legal Entities of the Catholic Church in the Republic of Croatia concluded between the Government and the Croatian Bishops’ Conference, because the Agreement, in its name and content, undoubtedly constitutes a contract.
1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review
1.3.5 Constitutional Justice - Jurisdiction - The subject of review
Contract, Constitutional court, Jurisdiction / Government, Contract with the Catholic Church, Review of constitutionality / Abstract control, Contract

CRO-2024-3-011 a) Croatia b) Constitutional Court c) d) 08.10.2024 e) U-IIIA-2199/2024 f)
The legislative model of the protection of the right to a trial within a reasonable time was modified by the Act on Amendments to the Courts Act. Currently, if the president of the immediately higher court or the competent chamber acting upon an application for the protection of the right to a trial within a reasonable time finds that the application is well founded, they will set a time limit wit... Read more
1.4.4.1 Constitutional Justice - Procedure - Exhaustion of remedies - Obligation to raise constitutional issues before ordinary courts
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 complaint, Trial within reasonable time, Admissibility / Trial within reasonable time, Remedy

CRO-2024-3-012 a) Croatia b) Constitutional Court c) d) 03.12.2024 e) U-III-3981/2020 f)
The right of access to information of a journalist from a local daily newspaper was violated by the challenged decisions which denied his request for the delivery of a copy of a non-final judgment rendered in criminal proceedings that were conducted on the suspicion of abuse of position and authority against several defendants who held public offices at the local level. The journalist intended to ... Read more
3.13 General Principles - Legality
3.16 General Principles - Proportionality
3.18 General Principles - General interest
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press
5.3.24 Fundamental Rights - Civil and political rights - Right to information
Journalist, Access to information / Judgment, Publication, Newspaper

CRO-2024-3-013 a) Croatia b) Constitutional Court c) d) 03.12.2024 e) U-III-4107/2023 f)
Serving the judgment to the applicant and his defence counsel only by mail, resulted in a violation of the applicant’s right to the public pronouncement of the judgment as an integral part of the right to a fair trial, since urgent misdemeanour proceedings do not relieve misdemeanour courts of the obligation to publicly pronounce judgments rendered upon the completion of such misdemeanour proceedi... Read more
5.3.13.11 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public judgments
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms
Misdemeanour proceedings / Judgment, Public announcement at the hearing

Czech Republic

CZE-2024-3-003 a) Czech Republic b) Constitutional Court c) Plenum d) 20.11.2024 e) Pl. ÚS 16/24 f) Salary discrimination against female judges on maternity and parental leave
Section 31.5 of Act no. 236/1995 Coll., on the salary and other benefits related to the performance of the duties of public officials and certain state bodies and judges and Members of the European Parliament, in its part which reads "which does not include the periods referred to in paragraph 4", in the case of maternity and parental leave, does not stand up to the proportionality test, si... Read more
1.1.3.7 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Remuneration
5.4.5 Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
Non-discrimination, Age / Discrimination, Gender / Equality between men and women / Coefficient, Salary, Wage grade / Employment, Salary, Discrimination / Salary, Discrimination / Leave, Maternity / Judge, Female, Child, Leave, Special / Judge, Salary, Guarantee

European Union, Court of Justice

ECJ-2024-3-013 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 10.09.2024 e) C-351/22 f) Neves 77 Solutions
Restrictive measures against Russia: the confiscation of the entire proceeds of a brokering transaction covered by the prohibition on providing brokering services for military equipment is permitted.
3.10 General Principles - Certainty of the law
3.14 General Principles - Nullum crimen, nulla poena sine lege
3.16 General Principles - Proportionality
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Common foreign and security policy, Restrictive measures, Actions of the Russian Federation destabilising the situation in Ukraine / Right to property / Legal certainty, Principle / Brokering services, Military equipment, Prohibition, Offence, Automatic confiscation

ECJ-2024-3-014 a) European Union, Court of Justice b) Court of Justice of the European Union c) Fourth Chamber, Extended Composition d) 11.09.2024 e) T-386/19 f) CQ v. Court of Auditors
The General Court of the European Union rules for the first time on the financial consequences of alleged irregularities with regard to a former Member of the European Court of Auditors.
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
3.10 General Principles - Certainty of the law
4.10.6 Institutions - Public finances - Auditing bodies
4.7.10 Institutions - Judicial bodies - Financial courts
Court of Auditors, Procedure, Expenses considered undue, Recovery decision / Expectation, Legitimate, Protection, Principle / Court of Auditors, Procedure, Judicial nature / Budget, Management, Control

ECJ-2024-3-015 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 04.10.2024 e) C-4/23 f) Mirin
A Member State’s refusal to recognise changes of forename and gender acquired in another Member State is contrary to the rights of EU citizens.
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - citizens with similar status
Citizenship of the Union, Right of free movement and residence within the territory of the Member States, Right of exit and right of entry / UK national, Change of gender, Administrative decision taken by the UK before withdrawal, Impact of Brexit on the exercise by the person concerned of rights linked to European citizenship

ECJ-2024-3-016 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 04.10.2024 e) C-21/23 f) Lindenapotheke
GDPR: Member States may make provision for competitors of the person allegedly responsible for an infringement of the laws protecting personal data to challenge that infringement in court as a prohibited unfair commercial practice.
3.23 General Principles - Equity
4.7.2 Institutions - Judicial bodies - Procedure
5.3.13.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope
Personal data, Collection / Personal data, Processing / Health data, Concept / Violation of the material provisions of the GDPR / Unfair commercial practice, Recourse, Law

ECJ-2024-3-017 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 04.10.2024 e) C-633/22 f) Real Madrid Club de Fútbol
Manifest breach of freedom of expression may constitute a ground for refusal of enforcement.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.24 Fundamental Rights - Civil and political rights - Right to information
Freedom of expression, Violation, Reason for refusal / Violation of public order in the requested State, Condemnation of a newspaper and one of its journalists for damaging the reputation of a sports club

ECJ-2024-3-018 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 19.11.2024 e) C-808/21, C-814/21 f) European Commission v. Czech Republic (Eligibility and membership of a political party)
Citizenship of the Union: denying EU citizens residing in a Member State of which they are not nationals the right to become a member of a political party infringes EU law
5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - citizens with similar status
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
5.3.9 Fundamental Rights - Civil and political rights - Right of residence
3.3 General Principles - Democracy
5.2 Fundamental Rights - Equality
Citizens of the Union residing in a Member State of which they are not nationals, No right to become a member of a political party, Respect for the national identity of the Member State / Citizenship of the Union, Right to move and reside freely within the territory of the Member States, Right to vote and to stand as a candidate in municipal, Scope, Effective exercise

ECJ-2024-3-019 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 19.12.2024 e) C-244/24, C-290/24 f) Kaduna
Temporary protection for displaced persons from Ukraine: a Member State which has extended that protection to certain categories of persons, beyond what is required by EU law, may withdraw that protection from them without waiting for the temporary protection granted under EU law to end
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 policy ,Temporary protection in the event of a mass influx of displaced persons / National, Third country / Asylum, Applicant, Protection, International / Asylum policy, Return of illegally staying third-country nationals , Return decision

France

FRA-2024-3-005 a) France b) Constitutional Council c) d) 07.05.2024 e) 2024-865 DC f) Law aimed at strengthening the fight against sectarian aberrations and improving support for victims
The provisions criminalising the incitement to abandon medical treatment or to adopt certain practices presented as "having a therapeutic purpose" are not ambiguous and are sufficiently precise to guarantee against the risk of arbitrariness.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
3.13 General Principles - Legality
3.10 General Principles - Certainty of the law
Medical treatment, Arrest / Medical treatment, Refusal / Cult, Public order, Threat

FRA-2024-3-006 a) France b) Constitutional Council c) d) 17.05.2024 e) 2024-866 DC f) Law aimed at securing and regulating the digital space
In its Decision no. 2024-866 DC of 17 May 2024, the Constitutional Council, which had been asked to rule on the law aimed at securing and regulating the digital space, validated several of its provisions but censured as constituting an unnecessary, inappropriate and disproportionate infringement of the freedom of expression those aimed at punishing the offence of online contempt and providing for ... Read more
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
5.1.4 Fundamental Rights - General questions - Limits and restrictions
3.18 General Principles - General interest
3.16 General Principles - Proportionality
5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime
Online offence, Crime / Pornography, Minors, Online access / Audiovisual and Digital Communications Regulatory Authority, Powers, Blocking and delisting measures / Human dignity, Subjective elements, Perception of the victim

FRA-2024-3-007 a) France b) Constitutional Council c) d) 17.05.2024 e) 2024-868 DC f) Law on the organisation of the governance of nuclear safety and radiation protection to meet the challenge of the revival of the nuclear industry
In its Decision no. 2024-868 DC of 17 May 2024, the Constitutional Council, seized of the law relating to the organisation of the governance of nuclear safety and radiation protection to meet the challenge of the revival of the nuclear sector, declared that the provisions entrusting the Nuclear Safety and Radiation Protection Authority with certain missions previously carried out by the Nuclear Sa... Read more
5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service
5.5.1 Fundamental Rights - Collective rights - Right to the environment
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
4.13 Institutions - Independent administrative authorities
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
Nuclear safety, Radiation protection, Governance / Nuclear Safety and Radiation Protection Authority / Environment Charter

FRA-2024-3-008 a) France b) Constitutional Council c) d) 28.05.2024 e) 2024-1091/1092/1093 QPC f) M. Diabe S. et al. (Exclusion of illegal aliens from legal aid)
In its Decision no. 2024-1091/1092/1093 QPC of 28 May 2024, the Constitutional Council censured as contrary to the principle of equality before the law legislative provisions excluding from the benefit of legal aid, except in special cases, foreigners who do not reside legally in France.
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.3.13.27.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel - Right to paid legal assistance
3.21 General Principles - Equality
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
Legal aid, Irregular situation, Foreigner, Benefit

FRA-2024-3-009 a) France b) Constitutional Council c) d) 26.06.2024 e) 2024-1097 QPC f)
In its Decision no. 2024-1097 QPC of 26 June 2024, the Constitutional Council recognised the right of the magistrate to be informed of the right to remain silent in the context of disciplinary proceedings.
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
5.3.13.23 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent
4.7.4.1.6.2 Institutions - Judicial bodies - Organisation - Members - Status - Discipline
1.4.11.4 Constitutional Justice - Procedure - Hearing - Report
Magistrate, Disciplinary procedure

FRA-2024-3-010 a) France b) Constitutional Council c) d) 04.10.2024 e) 2024-1105 QPC f) Mr Yannick L. (Information for the civil servant regarding his right to remain silent in the context of a disciplinary procedure)
In its priority preliminary ruling on constitutionality Decision no. 2024-1105 of 4 October 2024, the Constitutional Council ruled that, by not providing that the civil servant against whom disciplinary proceedings are initiated must be informed of his right to remain silent, the provisions of the General Statute of Civil Servants that determine the guarantees applicable in disciplinary matters ar... Read more
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
5.3.13.23 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent
Civil servant / Disciplinary procedure / Right to remain silent

FRA-2024-3-011 a) France b) Constitutional Council c) d) 18.10.2024 e) 2024-1109 QPC f) Teillay Forest and other Forestry Groupings (Rules relating to the erection of fences in natural environments)
In its priority preliminary ruling on constitutionality Decision no. 2024-1109 of 18 October 2024, the Constitutional Council ruled that the legislative provisions governing the installation of fences in natural areas to allow the movement of wildlife are in accordance with the Constitution and allowed for the retroactive application of the obligation to bring certain fences into compliance.
5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Environment, Protected area / Environment, Protection / Environment, Territory, Planning

FRA-2024-3-012 a) France b) Constitutional Council c) d) 31.10.2024 e) 2024-1110 QPC f) Mr Michel B. (Informing third parties when taking over a grave in a communal grave)
In its priority preliminary ruling on constitutionality Decision no. 2024-1110 of 31 October 2024, the Constitutional Council ruled that legislative provisions relating to the cremation of the remains of deceased persons buried in a communal grave in the event of the grave being taken over by the municipality were contrary to the principle of safeguarding the dignity of the human person.
1.6.5.1 Constitutional Justice - Effects - Temporal effect - Entry into force of decision
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
Cemetery / Deceased person, Cremation

FRA-2024-3-013 a) France b) Constitutional Council c) d) 22.11.2024 e) 2024-1113 QPC f) Stop Homophobia Association (Exercise of the rights recognised to the civil party by an association fighting against certain forms of discrimination)
In its priority preliminary ruling on constitutionality Decision no. 2024-1113 of 22 November 2024, the Constitutional Council ruled that the provisions allowing certain associations whose statutes aim to combat discrimination based on sex, morals, sexual orientation or gender identity, to exercise the rights recognised to the civil party for certain offences, with the exception of those of kidnap... Read more
5.2.2 Fundamental Rights - Equality - Criteria of distinction
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime
Associations, Right to take action / Civil parties / Discrimination / Criminal offences

FRA-2024-3-014 a) France b) Constitutional Council c) d) 29.11.2024 e) 2024-1114 QPC f) Mr Sullivan B. (Removal of nullities in criminal matters II)
In its priority preliminary ruling on constitutionality Decision no. 2024-1114 of 29 November 2024, the Constitutional Council ruled that the provisions of the Code of Criminal Procedure relating to the mechanism for purging nullities in criminal matters were contrary to the Constitution on the grounds that they did not provide for an exception to the effects attached to this mechanism in the even... Read more
1.6.5.1 Constitutional Justice - Effects - Temporal effect - Entry into force of decision
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.3.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - Habeas corpus
Action based on the nullity of the previous procedure / Procedure, Investigation / Court of Assizes, Indictment Order / Criminal, Nullity, Purge

FRA-2024-3-015 a) France b) Constitutional Council c) d) 12.12.2024 e) 2024-873 DC f) Organic Law reforming the financing of public broadcasting
In its Decision no. 2024-873 DC of 12 December 2024, in response to the sole article of the Organic Law reforming the financing of public broadcasting, the Constitutional Council declared the allocation of certain resources to public service broadcasters in accordance with their public service remit to be in accordance with the Constitution.
4.10.7 Institutions - Public finances - Taxation
4.15 Institutions - Exercise of public functions by private bodies
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
Freedom of communication / Media, Independence / Public broadcasting / Public service remit

Germany

GER-2024-3-013 a) Germany b) Federal Constitutional Court c) First Panel d) 17.07.2024 e) 1 BvR 2133/22 f) Hessian Protection of the Constitution Act
1. Location tracking interferes more severely with the general right of personality if it makes creating movement profiles possible. 1.a. On their own, intermittent surveillance measures do not give rise to a severe interference. However, the weight of the interference increases significantly if these intermittent surveillance measures are carried out over a prolonged period of time. 1.b. Near... Read more
4.11.3 Institutions - Armed forces, police forces and secret services - Secret services
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
Data collection, Secret / General right of personality / Informational self-determination, Right / Security, Public, Danger / Surveillance, Secret, Measure / Terrorism, Fight, Fundamental rights, Protection, Weighing

GER-2024-3-014 a) Germany b) Federal Constitutional Court c) Third Chamber of the Second Panel d) 23.07.2024 e) 2 BVR 557/19 f) Achmea
1. If the factual or legal situation changes whilst a constitutional complaint procedure is pending, § 23.1.2 and § 92 of the Federal Constitutional Court Act may require the applicant to substantiate that the constitutional complaint continues to meet the admissibility requirements. 2. While the Federal Constitutional Court is obliged to assess whether the EU exceeded its competences and whether... Read more
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
2.2.1.1 Sources - Hierarchy - national sources - Treaties and constitutions
2.2.1.6.5 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law
4.5.2.1 Institutions - Legislative bodies - Powers - Competences with respect to international agreements
4.7.14 Institutions - Judicial bodies - Arbitration
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Arbitration, Award, Damages / Investment, International, Protection / Investment, International, Dispute, Settlement, Procedure / European Union, Member states, Treaty, International / European Union, Court of justice, Preliminary ruling, National court, Subsequent decision / EU law, Uniform application, Primacy / Constitutional complaint, Legal interest / Arbitration, Clause, Investment, Treaty / European Union act, Ultra vires review / Investment, Treaty, Bilateral

GER-2024-3-015 a) Germany b) Federal Constitutional Court c) First Chamber of the First Panel d) 21.08.2024 e) 1 BvR 2106/22 f) Maternity protection after miscarriage
1. A constitutional complaint challenging legislation can only be admissibly lodged within a year after the entry into force of the challenged law. In determining when the time limit begins to run, it is in principle irrelevant when the applicants were first affected by the law at issue. The purpose of the time limit is to create legal certainty. 2. The principle of subsidiarity generally require... Read more
1.4.3 Constitutional Justice - Procedure - limits for instituting proceedings
1.4.4.1 Constitutional Justice - Procedure - Exhaustion of remedies - Obligation to raise constitutional issues before ordinary courts
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Employment, Maternity, Protection, Social right / Maternity, Work presence / Leave, Maternity / Motherhood, Protection

GER-2024-3-016 a) Germany b) Federal Constitutional Court c) Second Panel d) 18.09.2024 e) 2 BvE 1/20, 2 BvE 10/21 f) Election and electoral removal of Committee Chairpersons in the German Bundestag
1. Beyond the specific status rights of Bundestag members following from Article 38.1.2 of the Basic Law and, derived from it, the legal position of parliamentary groups, a status of formal equality applies. This entails a right to equal treatment. 2. The constitutional right to equality is expressed, inter alia, in the Bundestag members’ and parliamentary groups’ right to a ... Read more
1.3.5.9 Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules
3.3.1 General Principles - Democracy - Representative democracy
4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure
4.5.4.4 Institutions - Legislative bodies - Organisation - Committees
4.5.10 Institutions - Legislative bodies - Political parties
4.5.4.5 Institutions - Legislative bodies - Organisation - Parliamentary groups
Political party, Equal treatment / Rules of procedure, Parliament, Fair and uniform interpretation / Parliament, Rules of procedure, Fair and uniform application / Parliament, Member, Mandate, Free / Parliament, Member, Equality / Parliament, Committee, Competences / Parliament, Committee, Chairperson / Bundestag, Member, Removal from committees / Bundestag, Member, Rules of procedure, Status and autonomy / Parliament, Committees, Mirror-image composition

GER-2024-3-017 a) Germany b) Federal Constitutional Court c) First Panel d) 23.09.2024 e) 1 BvL 9/21 f) German Federal Training Assistance Act
1. The entitlement to receive basic welfare benefits under Article 1.1 of the Basic Law in conjunction with the social state principle (Article 20.1 of the Basic Law) ensures an existential minimum in accordance with human dignity for those individuals who are not able to cover their basic living costs by themselves. The entitlement to receive such benefits is limited to the strictly necessary amo... Read more
3.3 General Principles - Democracy
3.4 General Principles - Separation of powers
3.5 General Principles - Social State
4.10.1 Institutions - Public finances - Principles
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
5.2.2.5 Fundamental Rights - Equality - Criteria of distinction - Social origin
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living
Allocation, Social, State / University, Financial assistance / University, Access, Equality / Social security, Benefit, Allocation, Limited resources / Right to education, Access, Equal access / Public funds, Budget, Legislator, Allocation / Parliament, Autonomy / Legislator, Assessment and prognosis, Latitude / Higher education, Right to pursue / Equal access to higher education / Education, University, Financing / Education system, Social permeability / Education programme, Government, Financial assistance

GER-2024-3-018 a) Germany b) Federal Constitutional Court c) First Panel d) 01.10.2024 e) 1 BvR 1160/19 f) Federal Criminal Police Office Act II
1. A minimum requirement for the covert surveillance of contact persons using intrusive means with the aim of collecting data is that comparable surveillance of the person responsible for the danger in question, within the meaning of police law, would be permissible. 2. In order to ensure that previously collected personal data is used in line with the purpose for which it was originally collect... Read more
3.16 General Principles - Proportionality
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.3.36 Fundamental Rights - Civil and political rights - Inviolability of communications
Data collection, Secret / Terrorism, Fight, Fundamental rights, Protection, Weighing / Surveillance, Secret / Security, Public, Danger / Privacy, Invasion, Proportionality / Police, Surveillance, Limits / Police, Powers / Police, Legislation / Personal data, Retention / Informational self-determination

GER-2024-3-019 a) Germany b) Federal Constitutional Court c) First Panel d) 08.10.2024 e) 1 BvR 1743/16, 1 BvR 2539/16 f) Federal Intelligence Service – Cyberthreats
1. Given the current realities of communication technology and its significant effect on communications, the powers to conduct strategic surveillance of international telecommunications (i.e. those in which one communicating party is located in Germany and at least one other party is located in another country) for the purpose of detecting cyberthreats have an exceptional reach. The severity of in... Read more
3.16 General Principles - Proportionality
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.3.36 Fundamental Rights - Civil and political rights - Inviolability of communications
Bulk interception regime, Safeguards / Surveillance, Secret / Security, Public, Danger / Privacy, Invasion, Proportionality / Personal data, Protection / Intelligence service / Information technology systems, Confidentiality and integrity, Fundamental right / Data collection, Secret / Cybercrime

GER-2024-3-020 a) Germany b) Federal Constitutional Court c) First Chamber of the Second Panel d) 01.11.2024 e) 2 BvR 684/22 f) EncroChat
1. Applicants are obliged to keep their constitutional complaints up to date in case of decisive changes to the factual or legal situation and to add to the reasoning for the complaint if necessary. 2. A trial court is not required to state the reasons for its rejection of exclusions of evidence raised by the defendant in the written reasons to the judgment. 3. If a violation of Article 101.1.2 of... Read more
2.2.1.6.5 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law
5.3.13.3.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - “Natural judge”/Tribunal established by law
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
Personal data, Admissibility, Criminal trial / European Union, Co-operation, Police and judicial, Criminal matters / Encryption / EncroChat / Criminal law, Evidence, Admissibility / Court decision, Reasoning, Appeal / Constitutional complaint, Substantiation / Court of Justice of the European Union, Referral of a preliminary question

GER-2024-3-021 a) Germany b) Federal Constitutional Court c) First Panel d) 26.11.2024 e) 1 BvL 1/24 f) Statutory requirement of hospitalisation for coercive medical treatment
1. The coercive medical treatment of persons under custodianship who lack the capacity to consent, administered to fulfil the state’s duty of protection under the first sentence of Article 2.2 of the Basic Law, is only permissible under strict conditions and as a last resort. 2. The interferences with the fundamental right under the first sentence, second alternative of Article 2.2 of the Basic L... Read more
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
3.18 General Principles - General interest
5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.3.4.1 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments
Antipsychotics / Health, Self-determination / Safeguards, Procedural, Medical treatment, Coercive / Medication, Neuroleptics / Illness, Mental / Institutionalisation / General right of personality / Health / General interest, State, Duty of protection / Coercive treatment, Medication / Confinement / Capacity, Mental / Capacity, Insight, Treatment / Autonomy, Personal / State, Duty, Protection / Psychiatric facility / Vulnerable persons

GER-2024-3-022 a) Germany b) Federal Constitutional Court c) First Panel d) 28.11.2024 e) 1 BvR 460/23, 1 BvR 611/23 f)
1. Statutory payment obligations that generate no revenue for the state are neither taxes, nor non-tax levies. 2. If the legislator pursues tasks of the common good through a redistribution obligation among private entities that lies outside the private law relationships of the parties, such an obligation cannot be expected of private entities that have no specific connection to the task at issue... Read more
4.10.7.1 Institutions - Public finances - Taxation - Principles
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
Electricity Cost controls / Excess profits / Energy pricing

Hungary

HUN-2024-3-005 a) Hungary b) Constitutional Court c) Five Member Panel d) 26.03.2024 e) 10/2024. (V. 10.) AB f) Unconstitutionality and annulment of Section 8.2 paragraph of the Municipal Decree of the Council of Újbuda Municipality of Budapest XI. District 2/2013 (I. 29.) on the basic rules of community coexistence and the legal consequences
A municipal decree that makes the sale of alcoholic beverages in a non-residential part of the condominium subject to the approval of the condominium's general assembly is contrary to the Fundamental Law. This is a fundamental restriction on the freedom of engaging in entrepreneurial activities and should only have been introduced by an Act of Parliament, not by an inferior source of law.
5.1.1.5 Fundamental Rights - General questions - Entitlement to rights - Legal persons
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
Freedom of enterprise, Local restriction / Municipality, Competence, Restriction, Introduction

Italy

ITA-2024-3-004 a) Italy b) Constitutional Court c) d) 18.07.2024 e) 135 f)
The Constitutional Court has not recognised a general right to end one’s own life in any situation of intolerable physical or psychological suffering caused by an incurable disease. Instead, it has only considered it unreasonable to preclude access to assisted suicide for patients who – in that condition and with their decision-making capacities still intact – already have the right to decide to e... Read more
1.2.3 Constitutional Justice - Types of claim - Referral by a court
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
1.5.2 Constitutional Justice - Decisions - Reasoning
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
2.3.5 Sources - Techniques of review - Logical interpretation
2.3.6 Sources - Techniques of review - Historical interpretation
2.3.8 Sources - Techniques of review - Systematic interpretation
2.3.9 Sources - Techniques of review - Teleological interpretation
2.3.10 Sources - Techniques of review - Contextual interpretation
2.3.11 Sources - Techniques of review - Pro homine/most favourable interpretation to the individual
3.9 General Principles - Rule of law
3.13 General Principles - Legality
3.5 General Principles - Social State
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
3.18 General Principles - General interest
3.19 General Principles - Margin of appreciation
3.20 General Principles - Reasonableness
3.21 General Principles - Equality
3.22 General Principles - Prohibition of arbitrariness
3.23 General Principles - Equity
5.1.1.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Right to end one’s own life / Situation of intolerable physical or psychological suffering caused by an incurable disease / Person be “kept alive by life-sustaining treatment”

Kazakhstan

KAZ-2024-3-011 a) Kazakhstan b) Constitutional Court c) d) 27.03.2023 e) 6 f) Consideration of the Provisions of Parts III and IV for Compliance with the Constitution, Article 141.6.1 and 141.6.3 of the Criminal Executive Code, 5 July 2014
Persons deprived of their liberty should continue to enjoy non-derogable human rights and all other human rights and fundamental freedoms, except for those legitimate restrictions that are clearly necessitated by the deprivation of liberty. The social rehabilitation and reintegration of persons deprived of their liberty, as one of the most important goals of the criminal justice system, should a... Read more
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
3.21 General Principles - Equality
5.2 Fundamental Rights - Equality
5.2.1.2.2 Fundamental Rights - Equality - Scope of application - Employment - In public law
Life imprisonment / Social rehabilitation / Short-term and long-term visits of convicts / Equality

KAZ-2024-3-012 a) Kazakhstan b) Constitutional Court c) d) 21.04.2023 e) 10 f) Consideration of the conformity with the Constitution of Article 44.4 and 44.1.3 of the Constitutional Law, 25 December 2000 on the "Judicial System and Status of Judges" and Article 24.1 of the Law, 4 December 2015 on the "Supreme Judicial Council"
The Republic of Kazakhstan, affirming itself as a democratic, secular, legal and social state, proclaims the highest values of man, his life, rights and freedoms (Article 1.1 of the Constitution). The State guarantees the protection of the rights and legitimate interests of citizens, namely, the right to judicial protection, enshrined in Article 13.2 of the Constitution, which means the right of ... Read more
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
3.12 General Principles - Clarity and precision of legal provisions
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Supreme judicial council / Social security / Equality / Judicial activity, Judicial defence

KAZ-2024-3-013 a) Kazakhstan b) Constitutional Court c) d) 16.05.2023 e) 13 f) Consideration for compliance with the Constitution of Articles 489.1.6, 490.1.2, 490.2, 490.4 and 491.5 of the Criminal Procedure Code, 4 July 2014
The Constitution guarantees everyone the right to defend his or her interests by any lawful means, including judicial defence. Procedural rules should be clearly formulated, to exclude arbitrary interpretation. The provisions of Article 490 CCP relating to the discretionary nature of reclamation of cases do not contradict the Constitution, but require clarification in order to eliminate legal a... Read more
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
3.12 General Principles - Clarity and precision of legal provisions
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
Criminal Procedure Code / Cassation, Appeal / Democracy, Human rights, Element / Limits and Restrictions

KAZ-2024-3-014 a) Kazakhstan b) Constitutional Court c) d) 18.05.2023 e) 14 f) Consideration of Article 197 of the Criminal Code, 3 July 2014 for Compliance with the Constitution
The complexity and uncertainty of the construction of Article 197 of the Criminal Code cause problems in law enforcement practice. The absence of a precise and clear legislative definition of what exactly is a document confirming the legality of the origin of oil or oil products creates prerequisites for a wide interpretation on the part of the law enforcer and can potentially lead to the violat... Read more
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
3.12 General Principles - Clarity and precision of legal provisions
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
Limitation of rights / Clarity of the law / Criminal liability / Certainty of the law

KAZ-2024-3-015 a) Kazakhstan b) Constitutional Court c) d) 14.07.2023 e) 12 f) Reviewing for compliance with the Constitution Articles 811.2, 852.1 and 855.3.2 of the Code on "Administrative Offences", 5 July 2014
The Republic of Kazakhstan has ratified the International Covenant on Civil and Political Rights of 16 December 1966 (hereinafter, "ICCPR") by the Act of 28 November 2005, thus undertaking to abide by its provisions. The obligations to ensure equality before courts and tribunals, the right to a fair and public hearing by a competent, independent and impartial tribunal (Article 14 ICCPR), and equal... Read more
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
3.12 General Principles - Clarity and precision of legal provisions
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Equality / Public service / Social protection, Legal certainty / Administrative offence, Administrative responsibility

KAZ-2024-3-016 a) Kazakhstan b) Constitutional Court c) d) 04.05.2024 e) 43 f) Consideration of Articles 64.9.17 and 70.2.5 of the Criminal Procedure Code, 4 July 2014 for compliance with the Constitution
The case concerned prohibitions in the Code of Criminal Procedure on the ability of suspects to receive copies of their interrogation and the difference between information available to suspects and that available to defence counsel. Concern was raised over the potential for the limitation on the right to a defence and to qualified legal assistance.
3.12 General Principles - Clarity and precision of legal provisions
5.3 Fundamental Rights - Civil and political rights
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel
Suspect, Criminal proceedings, Copies of material, Right

KAZ-2024-3-017 a) Kazakhstan b) Constitutional Court c) d) 16.05.2024 e) f) Consideration for Compliance with the Constitution of Article 72.8.4 of the Criminal Code, 3 July 2014
Questions had arisen over the constitutionality of a provision of the Criminal Code, whereby which conditional early release from serving a sentence would not apply to persons convicted of an offence against the sexual inviolability of minors, unless the offence had been committed by somebody who had not attained the age of majority in respect of a minor aged between fourteen and eighteen years. T... Read more
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.2.2.13 Fundamental Rights - Equality - Criteria of distinction - Differentiation ratione temporis
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Retroactive limitation / Irreversible operation of law

KAZ-2024-3-018 a) Kazakhstan b) Constitutional Court c) d) 09.10.2024 e) 52 f) Consideration of the compliance with the Constitution of Article 314.2 and 314.3.2 of the Criminal Procedure Code, 4 July 2014
The legal content of the principle of equality of all before the court is based on the existence of a unified judicial system guaranteeing to everyone a fair and public hearing by a competent and independent court; equal application of legal norms for all in the process of resolving a legal dispute; and procedural equality of the parties in a court hearing.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
3.12 General Principles - Clarity and precision of legal provisions
3.10 General Principles - Certainty of the law
5.3.13.3.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - “Natural judge”/Tribunal established by law
Criminal offence, Court venue, Jurisdiction

KAZ-2024-3-019 a) Kazakhstan b) Constitutional Court c) d) 09.10.2024 e) 53 f) Consideration of Article 94.1.3 of the Criminal Procedure Code, 4 July 4 2014 for compliance with the Constitution
Questions arose over the constitutional compliance of a provision of the Criminal Procedure Code which prevents defence counsel from participating in criminal proceedings if they are providing or have previously provided legal assistance to somebody whose interests are opposite to those of the client or who are related to such a person.
4.7.8.2 Institutions - Judicial bodies - Ordinary courts - Criminal courts
5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
Lawyer, Previous clients, Conflict

KAZ-2024-3-020 a) Kazakhstan b) Constitutional Court c) d) 04.12.2024 e) 55 f) Consideration of the conformity to the Constitution of Article 37.6 of the Code, 26 December 2011 on "Marriage (Matrimony) and Family"
Questions had arisen over the introduction into family law legislation of a three-year limitation period for the filing of claims relating to the division of property following the dissolution of a marriage and its compliance with the Constitution, particularly in terms of the right to dispose of one's property freely.
4.9.2.1 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Admissibility
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
Division of property, Counterclaim, Court jurisdiction / Marriage and family, Protection / Divorce

Kyrgyzstan

KGZ-2024-3-002 a) Kyrgyzstan b) Constitutional Court c) Plenary d) 25.01.2023 e) 1-P f) Review of the constitutionality of Article 17.2 of the Criminal Code
The principle of equality requires that the system of compensation for moral harm be objective and reasonably justified. A compensation system that establishes a broad range of monetary awards without clear criteria may result in arbitrary and disproportionate outcomes, thus violating constitutional protections. Restrictions on rights and freedoms must serve a legitimate purpose and be proportiona... Read more
1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions
3.21 General Principles - Equality
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
3.22 General Principles - Prohibition of arbitrariness
3.16 General Principles - Proportionality
Compensation / Moral damage

KGZ-2024-3-003 a) Kyrgyzstan b) Constitutional Court c) Plenary d) 01.03.2023 e) 3-P f) Review of the constitutionality of Article 403.4 of the Criminal Procedure Code
The constitutionality of legal provisions governing procedural deadlines must align with principles of effective judicial review and fairness. Limitations on the right to appeal, specifically concerning the cassation review of decisions related to missed deadlines, may impinge on fundamental rights guaranteed by constitutional and procedural norms. Ensuring that judicial errors can be corrected th... Read more
5.1.4.3 Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
Procedural Deadlines / Multiple court instances

KGZ-2024-3-004 a) Kyrgyzstan b) Constitutional Court c) Plenary d) 19.04.2023 e) 5-P f) Review of the official interpretation of Article 44.2 of the Constitution
The constitutional provision ensuring a standard of living not lower than the minimum subsistence level is not an absolute obligation on the state but rather a target benchmark that reflects a progressive goal. The determination of pensions, social benefits, and other forms of social assistance must be aligned with the state’s economic capabilities. This approach acknowledges the need for the stat... Read more
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
3.5 General Principles - Social State
Standard of living, Subsistence level, Guidelines

KGZ-2024-3-005 a) Kyrgyzstan b) Constitutional Court c) Plenary d) 23.05.2023 e) 8-P f) Review of the constitutionality of Article 138.1 of the Law on the Rules of Procedure of the Parliament (Jogorku Kenesh)
The requirement for majority consent from Parliament to initiate criminal proceedings against deputies is excessive. This condition hinders legal accountability and should not obstruct justice in cases of reasonable suspicion against deputies.
3.4 General Principles - Separation of powers
4.5.2.2 Institutions - Legislative bodies - Powers - Powers of enquiry
4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies
4.5.9 Institutions - Legislative bodies - Liability
Parliament, Independence / Deputy, Mandate / Deputy, Persecution / Legal immunity , Limits

KGZ-2024-3-006 a) Kyrgyzstan b) Constitutional Court c) Plenary d) 07.06.2023 e) 9-P f) Review of the constitutionality of article 17.2.3 of the Law on Non-Profit Organisations
Norms within the Law on Non-Profit Organisations promote transparency without constituting discrimination. The legislator must ensure uniform financial reporting standards and equal treatment for public associations, in accordance with the principles of reasonableness and in line with the Constitution.
2.1.1.1 Sources - Categories - Written rules - National rules
5.2 Fundamental Rights - Equality
5.3.25 Fundamental Rights - Civil and political rights - Right to administrative transparency
5.3.24 Fundamental Rights - Civil and political rights - Right to information
4.10.3 Institutions - Public finances - Accounts
4.10.6 Institutions - Public finances - Auditing bodies
Financial reporting / Non-profit organisations

KGZ-2024-3-007 a) Kyrgyzstan b) Constitutional Court c) Plenary meeting d) 27.09.2023 e) 13-P f) Review of the constitutionality of Article 222.6 of the Civil Procedure Code
Due to a single failure to appear in court without valid reason, a plaintiff, the person most interested in the outcome of the case, can be deprived of the opportunity to achieve a final resolution of the case by the court within the framework of the trial. This is in breach of the right to access to court and to a fair hearing.
5.3.13.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope
5.3.13.1.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms
Plaintiff, Respondent / Coercive powers, State power / Failure to appear , Court

KGZ-2024-3-008 a) Kyrgyzstan b) Constitutional Court c) Plenary meeting d) 15.11.2023 e) 17-P f) Review of the constitutionality of Article 60.3 of the Constitutional Law on the “Election of the President and Deputies of the Parliament”
The primary goal of introducing an electoral deposit is to increase the accountability of candidates and prevent abuses in the electoral process.
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
4.9.8.2 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign expenses
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
Electoral deposit, Amount / Election process, Candidate, Discrimination

Liechtenstein

LIE 2024-3-003 a) Liechtenstein b) Constitutional Court c) d) 02.09.2024 e) StGH 2024/056 f)
In accordance with the General Data Protection Regulation, Article 7.3 Law on Data Protection must be interpreted in such a way that data protection officers are only unconditionally protected against dismissal provided they carry out their duties correctly and have been dismissed precisely because of correct performance.
1.2.1 Constitutional Justice - Types of claim - Claim by a public body
3.22 General Principles - Prohibition of arbitrariness
4.6.8.1 Institutions - Executive bodies - Sectoral decentralisation - Universities
University, Data protection officer, Employment contract, Dismissal, Incompatibility rule

Lithuania

LTU-2024-3-003 a) Lithuania b) Constitutional Court c) d) 06.02.2025 e) KT8-N2/2025 f) Prohibition to stand for election without having served a punishment and having completed a criminal sanction
The provision consolidated in Article 56.2 of the Constitution, whereby persons who have not served a punishment imposed by a court judgment may not stand for election as a member of the Parliament (Seimas) means that the person who has committed a criminal act may not stand for election as a member of the Seimas if he or she has not completed not only the punishment imposed by a fin... Read more
4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
Criminal sanction / Election to the European Parliament / Punishment / Right to stand for election

Netherlands

NED-2024-3-002 a) Netherlands b) Supreme Court c) Civil Chamber d) 21.02.2025 e) 23/04864, ECLI:NL:HR:2025:321 f)
There is no right to free contraception. The State is not obliged to provide free contraceptives to women over the age of 18 in order to eliminate actual inequalities with regard to who bears the costs of contraception.
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.1.1 Fundamental Rights - General questions - Entitlement to rights
3.21 General Principles - Equality
Discrimination, Indirect / Discrimination, Sexual orientation / Education, Child, Protection against violence and abuse / Education, Positive obligation / Education, School, Private, National education policy, Application / Gender, Identity / Gender-based violence / Sexual minorities and transgender persons, Rights and freedoms, Protection and promotion / Sexual rights, Free development

North Macedonia

MKD-2024-3-003 a) North Macedonia b) Constitutional Court c) d) 09.10.2024 e) 90/2024 f)
The obligation to declare one's ethnic affiliation and its mandatory registration in the public sector employment procedure constitutes a violation of the principle of free expression of national affiliation as a fundamental value of the constitutional order, as it infringes upon human rights and freedoms, the principle of equality before the law, the right to privacy and protection of personal da... Read more
3.9 General Principles - Rule of law
5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.2.1.2.2 Fundamental Rights - Equality - Scope of application - Employment - In public law
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Affirmative action, Employment equity plan / Affiliation, Ethnic, Mandatory disclosure / Public sector employment, Civil servant, Application process / Data protection, Ethnic affiliation / Affiliation, National, Mandatory disclosure

MKD-2024-3-004 a) North Macedonia b) Constitutional Court c) d) 25.09.2024 e) Joint cases nos. 98/2024, 139/2024 f)
The shortening of the limitation period for claims determined by a final decision from ten to five years without providing for a transitional regime for claims for which the enforcement has commenced violates the property rights of creditors (Article 6 of the Constitution), creates inequality and discrimination between creditors (Article 9.2 of the Constitution) and violates legal certainty as an ... Read more
3.9 General Principles - Rule of law
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.3.38 Fundamental Rights - Civil and political rights - retrospective effect of law
3.10 General Principles - Certainty of the law
5.2 Fundamental Rights - Equality
Debt collection / Vacatio legis, Principle / Creditor, Rights / Claims, Limitation period, Reasonable expectations

Portugal

POR-2024-3-012 a) Portugal b) Constitutional Court c) First d) 04.12.2024 e) 834/2024 f)
Amnesty and pardon by the State cannot extend to disciplinary offences and sanctions related to private employment.
1.1 Constitutional Justice - Constitutional jurisdiction
Disciplinary offences / Disciplinary sanctions / Amnesty / Convicted person, Pardon, Right to apply

POR-2024-3-013 a) Portugal b) Constitutional Court c) Second d) 11.12.2024 e) 893/2024 f)
Applying the tax enforcement procedure laid down in the General Tax Law to the enforcement of debts arising from the European Social Fund (ESF) is not against the Constitution.
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
Enforcement of tax debts / European Social Fund

Slovenia

SLO-2024-3-001 a) Slovenia b) Constitutional Court c) d) 14.02.2024 e) Up-472/20 f)
An opinion expressed by a politician or a Member of Parliament only enjoys a high level of protection if it contributes to a debate on an important social issue, and provided that it does not contain offensive personal statements, for which the speaker does not demonstrate a sufficient factual basis. Communication on the social network X is not comparable to a live debate, since as a general rul... Read more
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
3.17 General Principles - Weighing of interests
5.3.24 Fundamental Rights - Civil and political rights - Right to information
Public debate, Contribution / Human dignity, Insult, Defamation / Social media platform, Politician, Freedom of expression

SLO-2024-3-002 a) Slovenia b) Constitutional Court c) d) 01.06.2023 e) U-I-217/19 f)
A regulation of the Tax Procedure Act whereby basic information on an attorney’s clients may be obtained from an attorney in order to ensure effective tax supervision of the attorney's activities is consistent with the general principle of proportionality and does not contravene the constitutional right to privacy.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
3.16 General Principles - Proportionality
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
4.7.15 Institutions - Judicial bodies - Legal assistance and representation of parties
Tax supervision, Effective / Attorney, Client, Privacy

SLO-2024-3-003 a) Slovenia b) Constitutional Court c) d) 23.02.2023 e) Up-1306/19 f)
Where defamatory expression has been directed against judges, the right to freedom of expression of the individual concerned must be balanced against the right of the injured judges to protection of their honour and reputation.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
1.4.10.6 Constitutional Justice - Procedure - Interlocutory proceedings - Challenging of a judge
Judge, Defamation

SLO-2024-3-004 a) Slovenia b) Constitutional Court c) d) 31.03.2022 e) Up-1133/18 f)
The right to a reasoned judicial decision includes the obligation of courts to explain why the competent national court did not submit a case to the Court of Justice of the European Union (CJEU) for a preliminary ruling. The duty to provide a reasoning in such instances also applies where national procedural regulations determine that a court may substantiate its decision merely by referring to th... Read more
1.5.4.4 Constitutional Justice - Decisions - Types - Annulment
1.3.5.2 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.3.2.2 Sources - Categories - law - law - Court of Justice of the European Union
5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000
CJEU, Obligation to refer / Reasoning, Insufficient / CJEU, Preliminary ruling

SLO-2024-3-005 a) Slovenia b) Constitutional Court c) d) 30.05.2024 e) U-I-8/24 f)
Failure by the legislature to respond to a decision of the Constitutional Court within the set time limit entails a violation of the principles of a state governed by the rule of law and of the separation of powers. In the case at issue, the breach of the principle of the separation of powers was particularly grave, as the unimplemented Constitutional Court decision had established an unconstituti... Read more
3.9 General Principles - Rule of law
3.4 General Principles - Separation of powers
3.3 General Principles - Democracy
1.6.2 Constitutional Justice - Effects - Determination of effects by the court
1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi
1.6 Constitutional Justice - Effects
4.7.4.1.6 Institutions - Judicial bodies - Organisation - Members - Status
Constitutional court, Decision, Failure to implement / Judge, Remuneration, Judicial independence

South Africa

RSA-2024-3-001 a) South Africa b) Constitutional Court c) d) 15.08.2024 e) CCT 55/23 f) Shoprite Checkers (Pty) Limited v. Mafate N.O.
Appointment of curator ad litem does not divest a person with mental incapacity of protection afforded by the Prescription Act 68 of 1969. Section 13.1 protection founded on mental incapacity continues for as long as incapacity persists. Since mental incapacity is permanent, the period of prescription would never be completed.
5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated
Civil procedure / Prescription / Mental incapacity, Permanent condition

Sweden

SWE-2024-3-003 a) Sweden b) Supreme Administrative Court c) d) 19.11.2024 e) 7168-23 f)
The Social Welfare Committee may, when a young person is placed in care under the Care of Young Persons Act, decide how the young person's contact with siblings should be managed. Such a decision may be made by an employee of the municipality upon delegation based on the Local Government Act.
5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - penal measures
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Contact restriction, Siblings

Türkiye

TUR-2024-3-004 a) Türkiye b) Constitutional Court c) Plenary d) 09.05.2024 e) 2023/200 f)
The provision according to which onerous transactions (transactions for consideration) between adoptive parents and adoptees are categorically presumed to be donations without any further conditions, precluding any claim or proof to the contrary, violates Articles 13, 35 and 36 of the Constitution which safeguard the right to property and remedy.
3.16 General Principles - Proportionality
5.3.39 Fundamental Rights - Civil and political rights - Right to property
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
5.1.4 Fundamental Rights - General questions - Limits and restrictions
Onerous transaction , Adoptive parents, Adoptees / Right to property, Limitations to right to property / Fundamental rights, Limitation, Proportionality / Donation, Adoptive parents, Adoptees

TUR-2024-3-005 a) Türkiye b) Constitutional Court c) Plenary d) 29.05.2024 e) 2021/7919 f) Burhan Yaz (3)
The right to liberty and security of the person, safeguarded by Article 19 of the Constitution, is not infringed by the fact that the entire period of conditional bail is not deducted from a prison sentence. The amendments made to Article 109 of the Code of Criminal Procedure no. 5271 by Law no. 7331, according to which two days spent under house arrest count as one day for detention deduction pu... Read more
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial
3.16 General Principles - Proportionality
5.1.4 Fundamental Rights - General questions - Limits and restrictions
Detention, House arrest, Less severe / House arrest, Deduction, Sentence of imprisonment / House arrest, Imprisonment, Period, Reduction

TUR-2024-3-006 a) Türkiye b) Constitutional Court c) Plenary d) 30.05.2024 e) 2023/109 f)
Article 166 of the Turkish Civil Code no. 4721 which makes the dissolution of a marriage by mutual consent subject to a period of one year is not contrary to Articles 5, 10, 14, 17 and 41 of the Constitution, since it was introduced by the legislator in order to ensure the survival of the family institution as far as possible, since divorce is possible at the end of this period and since there is ... Read more
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.34 Fundamental Rights - Civil and political rights - Right to marriage
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.43 Fundamental Rights - Civil and political rights - Right to self fulfilment
5.1.4 Fundamental Rights - General questions - Limits and restrictions
Divorce, Conditions / Divorce, Duration / Divorce, Protection of the institution of family

TUR-2024-3-007 a) Türkiye b) Constitutional Court c) First Section d) 11.06.2024 e) 2020/3050 f) Azime Işık
In the context of an individual application, the Constitutional Court is competent to determine whether or not the requirements of a violation judgment of the European Court of Human Rights have been met, but only to the extent that it does not re-examine the impugned events from the outset. The Constitutional Court is competent to examine whether the right to be assisted by a lawyer, in conjunct... Read more
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
Terrorism, Police custody, Legal assistance, Restriction / Preliminary investigation, Legal assistance, Restriction / European Convention on Human Rights, Violation, Ground for reopening proceedings / Constitutional court, Competence, Non-execution, European Court of Human Rights, Violation / Conviction, Unlawfully, Evidence

TUR-2024-3-008 a) Türkiye b) Constitutional Court c) Plenary d) 05.09.2024 e) 2018/18910 f) Aydın Gelleci
The right to rectify and reply, as part of the positive obligation of the State, does not give individuals an unlimited power to interfere in the press by means of rectification. The right to rectify and reply needs to be balanced with the freedom of expression and the freedom of the press guaranteed by Articles 26 and 28 of the Constitution. If a publication undermines a person's honour and dign... Read more
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
3.19 General Principles - Margin of appreciation
Editorial freedom of the press, Right to rectify and reply, Balancing conflicting interests / Right of correction and reply, Letter of correction

TUR-2024-3-009 a) Türkiye b) Constitutional Court c) Plenary d) 24.09.2024 e) 2024/78 f)
A legal provision that categorically excludes private legal persons, with the exception of foundations and associations in the public interest, from the right to legal aid, which makes it easier for persons in financial difficulties to pursue their rights, defend themselves, initiate enforcement proceedings or apply for interim measures, restricts their right of access to the courts as guaranteed ... Read more
3.16 General Principles - Proportionality
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.1.1.5 Fundamental Rights - General questions - Entitlement to rights - Legal persons
1.4.14.2 Constitutional Justice - Procedure - Costs - Legal aid or assistance
Legal aid, Restrictions, Legal persons, Companies / Legal aid, Legal persons, Financial hardship / Legal aid, Legal persons, Non-profit organisations

TUR-2024-3-010 a) Türkiye b) Constitutional Court c) Plenary d) 09.10.2024 e) 2022/2407 f) Kadir Toprak
The right to a fair trial, safeguarded by Article 36 of the Constitution, includes in its scope the right to have adequate time and facilities for the preparation of a defence. In judicial proceedings taking place during sudden or urgent circumstances, such as a global pandemic, health-related excuses presented, even if not substantiated, should not be categorically rejected, but examined with a ... Read more
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
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
5.1.5 Fundamental Rights - General questions - Emergency situations
COVID-19, APndemic, Right to defence, Restrictions / COVID-19, Pandemic, Defence counsel, Absence, Health-related, Unsubstantiated / COVID-10, Pandemic, Legal representation, Letter of excuse, Health-related

TUR-2024-3-011 a) Türkiye b) Constitutional Court c) Plenary d) 05.11.2024 e) 2024/66 f)
Articles 250.12 and 251.7 of the Criminal Procedure Code which provide for the non-application of the accelerated and simplified trial procedures to deaf and mute persons are unconstitutional for the lack of objective and reasonable grounds and violate the principles of equality before the law as provided for in Article 10 of the Constitution. The exclusion of deaf and mute persons from the appli... Read more
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
4.6.10.1.3 Institutions - Executive bodies - Liability - Legal liability - Criminal liability
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
3.19 General Principles - Margin of appreciation
3.21 General Principles - Equality
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
Criminal matter, Legality, Vulnerable person, Physical or mental disability or deficiency / Accelerated trial procedure, Persons with a disability / Fair trial, Disability, Deaf, Mute

Ukraine

UKR-2024-3-009 a) Ukraine b) Constitutional Court c) First Senate d) 02.10.2024 e) 9-r(I)/2024 f) Dismissal of employees during the period of temporary incapacity for work
Paragraph 19.6 of Section II of the Law on “Amendments to Certain Legislative Acts on Priority Measures for the Reform of the Prosecution Service” of 19 September 2019, in which the prosecutor’s sick leave due to a temporary incapacity to work is not an obstacle to their dismissal does not comply with the requirements of the right to work as enshrined in Article 43.1, 43.2 and 43.6 of the Constitu... Read more
3.5 General Principles - Social State
4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions
3.10 General Principles - Certainty of the law
Prosecutor, Sick leave / Prosecutor, Dismissal / Temporary incapacity to work, Protection, Dismissal

UKR-2024-3-010 a) Ukraine b) Constitutional Court c) Grand Chamber d) 29.10.2024 e) 1-r/2024 f) Compliance of Article 75.4 of the Family Code with the Constitution (constitutionality)
Article 75.4 of the Family Code does not provide effective mechanisms for a spouse in need to receive financial assistance from the other spouse to ensure an adequate standard of living which is inconsistent with Articles 8 of the Constitution (rule of law), 46 of the Constitution (right to social protection) and 48 of the Constitution (right to a sufficient standard of living). When adopting leg... Read more
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
3.10 General Principles - Certainty of the law
3.16 General Principles - Proportionality
5.3.34 Fundamental Rights - Civil and political rights - Right to marriage
3.5 General Principles - Social State
Marital assistance, Restrictions / Marriage/spouses, Financial assistance / Alimony, Standard of living

UKR-2024-3-011 a) Ukraine b) Constitutional Court c) Second Senate d) 13.11.2024 e) 10-r(II)/2024 f) Right to judicial protection in the settlement of a collective labour dispute
The State has a wide scope for considering how relations to protect the rights and interests of trade unions and their members can be regulated by law, in particular in the field of collective labour disputes. Article 7 of the Law which requires a mandatory pre-trial procedure for labour disputes by bodies other than courts, does not, in the essence of Article 124.4 of the Constitution, prohibit ... Read more
5.3.13.1.5 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - litigious administrative proceedings
3.19 General Principles - Margin of appreciation
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions
Labour dispute, Extrajudicial procedure / Labour dispute, Arbitration

UKR-2024-3-012 a) Ukraine b) Constitutional Court c) Second Senate d) 18.12.2024 e) 11-r(II)/2024 f) Constitutional guarantees of the independence of the prosecutor
Article 51.1.9 of the Law on the “Prosecutor's Office” no. 1697–VII, 14 October 2014 grants the Prosecutor General discretionary powers without clearly defining their scope which contradicts the principles of legal certainty, rule of law and independence of the bar as enshrined in Articles 8.1, 92.1.14 and 131.2 of the Constitution. Paragraph 51.1.c of Section XIII “Transitional Provisions” of th... Read more
4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
3.10 General Principles - Certainty of the law
4.7.4.3.2 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Appointment
4.7.4.3.5 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - End of office
3.9 General Principles - Rule of law
Prosecutor, Appointment process, Testing / Prosecutor, Groundless dismissal / Independence of the prosecutor, Dismissal

UKR-2024-3-013 a) Ukraine b) Constitutional Court c) Second Senate d) 18.12.2024 e) 12-r(II)/2024 f) Constitutional guarantees of the rights of individual entrepreneurs
The principle of equality is not absolute, and the legislator may apply a differentiated approach to the regulation of rights and obligations applying to individual entrepreneurs and to legal entities engaged in entrepreneurial activities if such an approach is justified and proportionate. Different legislative regulation of entrepreneurial activities of different entities, including a difference... Read more
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
3.16 General Principles - Proportionality
3.21 General Principles - Equality
5.2.1 Fundamental Rights - Equality - Scope of application
5.1.1 Fundamental Rights - General questions - Entitlement to rights
Entrepreneur, Status, Rights / Legal entity, Rights / Entrepreneur, Legal entity, Equal treatment