e-Bulletin on Constitutional Case-Law
2025/1

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 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 is of vital importance. The main purpose of the e-Bulletin on Constitutional Case-Law is therefore to foster such 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 with different legal traditions.

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”)

October 2025

Albania

ALB-2025-1-001 a) Albania b) Constitutional Court c) d) 25.01.2024 e) 1 f) Law on medical students
Questions arose over legal provisions whereby students, if they signed a particular agreement, would not have the right to be awarded their diplomas from the relevant institution of higher education; they would instead be transferred to the institution where the student would be employed and only issued upon the "fulfilment of employment obligations." The provisions have introduced new obligations... Read more
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
3.10 General Principles - Certainty of the law
3.16 General Principles - Proportionality
Medical student / Fee, Studies / Diploma, Employment obligation

ALB-2025-1-002 a) Albania b) Constitutional Court c) d) 29.01.2024 e) 2 f) Protocol with Italy
The Protocol on Migration does not provide rules that affect the territorial integrity of the Republic of Albania in favour of the Italian state, nor dies it contain any provisions relinquishing the Albanian’s State jurisdiction over its territory. The Italian State`s exercise of jurisdiction is defined in order to fulfil its obligations with regard to migration and asylum with a view to guarantee... Read more
1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties
3.8 General Principles - Territorial principles
5.3.7 Fundamental Rights - Civil and political rights - Right to emigrate
Protocol, Negotiation, Ratification / Migrant, Third country, Designated territory

ALB-2025-1-003 a) Albania b) Constitutional Court c) d) 30.01.2024 e) 3 f) Skavica
The lack of public consultation during the enactment of Law no. 38/2021, and particularly the failure to safeguard the participation of the public in the first phase of the construction of the Skavica Hydro Power Plant, violated the right to be informed on the state of its environment and its protection. Nevertheless, even at the current phase of the project, the possibility of effective exercise ... Read more
5.5.1 Fundamental Rights - Collective rights - Right to the environment
5.3.24 Fundamental Rights - Civil and political rights - Right to information
Environmental concerns / Public consultation, Scope / Project, Environmental impact

ALB-2025-1-004 a) Albania b) Constitutional Court c) d) 24.04.2024 e) 34 f) Agreement for Administration of the Park of Butrint
An Agreement for the Creation of a Foundation for the management of the national park of Butrint, which gave exclusive rights and obligations of administration to the Albanian American Development Foundation, was not unconstitutional. It safeguards the primary role of the State; its provisions do not provide and do not permit the state to be divested of ownership. The rights and competences bestow... Read more
1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties
5.4 Fundamental Rights - Economic, social and cultural rights
2.2.1 Sources - Hierarchy - national sources
2.2.1.1 Sources - Hierarchy - national sources - Treaties and constitutions
1.4.7.2 Constitutional Justice - Procedure - Documents lodged by the parties - Decision to lodge the document
3.1 General Principles - Sovereignty
Agreement, Administration / Cultural heritage zone / Butrint National Park / Paris Convention

ALB-2025-1-005 a) Albania b) Constitutional Court c) d) 29.05.2024 e) 42 f) Violation of the right to life due to the failure to perform full and effective investigations
The right to life, in the procedural aspect, requires that effective investigations shall be carried out by the organ of criminal prosecution to uncover the circumstances of the event and its perpetrator, which should be complete, impartial and careful. The prosecution did not take care to carry out a rapid and comprehensive investigation that would ensure the effective implementation of the law i... Read more
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
1.4.3 Constitutional Justice - Procedure - limits for instituting proceedings
Criminal investigation, Alacrity, Lack / Family member, Victim, Death

ALB-2025-1-006 a) Albania b) Constitutional Court c) d) 19.06.2024 e) 48 f) Regulation of the Assembly
Questions had arisen over the constitutionality of certain provisions on disciplinary measures imposed on members of parliament. The principle of parliamentary autonomy is not predominant and should be exercised in harmony with the concepts of effective democracy and the rule of law. Although the Assembly in principle has the constitutional mandate to intervene in the regulation of those matters... Read more
3.3.1 General Principles - Democracy - Representative democracy
1.3.5.9 Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules
4.5.3.3 Institutions - Legislative bodies - Composition - Term of office of the legislative body
Parliament, Autonomy / Disciplinary, Violation, Member of Parliament

ALB-2025-1-007 a) Albania b) Constitutional Court c) d) 10.07.2024 e) 55 f) Failure by the Assembly to implement a decision of the Constitutional Court
A new constitutional dispute may arise from the failure to implement a decision of the Constitutional Court, depending on the circumstances of the case, which should contain new elements that were not first subject to the assessment of the Court. The verification and evaluation of legal-formal criteria of requests concerning disputes of competences between a group of deputies and the Assembly fal... Read more
4.7.1.3 Institutions - Judicial bodies - Jurisdiction - Conflicts of jurisdiction
1.3.4.7.3 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Removal from parliamentary office
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
Deputy, Mandate, Incompatibility / Constitutional Court decision, Implementation, Parliament, Role

ALB-2025-1-008 a) Albania b) Constitutional Court c) d) 21.11.2024 e) 81 f)
Concerns had arisen over restrictive measures imposed by the Prosecution on a member of parliament, a former prime minister and leader of the opposition. Authorisation by the Assembly is only needed if the restrictive measures in question represent a restriction or deprivation of personal liberty which would affect the right to be elected of the person concerned, and his parliamentary activity. T... Read more
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
1.5.2 Constitutional Justice - Decisions - Reasoning
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
Member of Parliament, Breach of privileges / Member of Parliament, Corruption, Arrest / Media, Data, Telecommunications, Retrieval and use

ALB-2025-1-009 a) Albania b) Constitutional Court c) d) 30.12.2024 e) 86 f) Restriction of personal liberty
In a situation where somebody suspected of having committed a criminal offence was given access to the case files, freely exercised the right to appeal, and had sufficient time to prepare a defence, and where they would have every opportunity to challenge the validity and admissibility of the evidence, including electronic communications, it cannot be said that their rights around personal liberty... Read more
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest
5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications
Bail, Release / Communication, Surveillance / Encrypted chat

ALB-2025-1-010 a) Albania b) Constitutional Court c) d) 22.04.2025 e) 22 f)
The journalist’s right to protect the confidentiality of their sources and to refuse disclosure is a cornerstone of press freedom as enshrined in Article 17 of the Constitution. It is not merely a privilege that may be granted or revoked depending on the lawfulness of sources; it is inherently intertwined with safeguarding the public’s right to information, which constitutes itself a matter of pub... Read more
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.1.4 Fundamental Rights - General questions - Limits and restrictions
3.18 General Principles - General interest
3.16 General Principles - Proportionality
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
5.3.12 Fundamental Rights - Civil and political rights - Security of the person
Journalist, Information, Source / Media organs, Searches / Journalist, Access to information / Journalist, Public interest, Social responsibility / Media, Social responsibility

ALB-2025-1-011 a) Albania b) Constitutional Court c) d) 13.03.2025 e) 11 f)
The application of the ne bis in idem principle, enshrined in Article 34 of the Constitution, applies to cases concerning the recognition of foreign penal judgments. While recognising a foreign penal judgment does not constitute issuing a new judgment, and is declarative, confirmatory, and executive in nature, it nevertheless concretises real penal consequences for the individual. Therefore... Read more
5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
3.10 General Principles - Certainty of the law
4.7.8.2 Institutions - Judicial bodies - Ordinary courts - Criminal courts
4.7.1.3 Institutions - Judicial bodies - Jurisdiction - Conflicts of jurisdiction
4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
Double jeopardy, Criminal sentence / International arrest warrant / Foreign judgments, Recognition, Ne bis in idem

Argentina

ARG-2025-1-001 a) Argentina b) Supreme Court of Justice of the Nation c) d) 19.03.2025 e) CSJN555/2018/CS1 f) Loyola Sergio Alejandro v. drug trafficking - appeal on grounds of unconstitutionality - extraordinary appeal
The Supreme Court revoked the decision of the Superior Court of Justice of Córdoba, which had declared unconstitutional the sentencing scale in Article 5.C of Law 23737, finding no evidence that Congress had intended to create a distinction in sentencing based on the severity of drug trafficking conduct following Law 26052. The defederalisation of jurisdiction in Law 26052 does not imply a substa... Read more
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
4.7.1 Institutions - Judicial bodies - Jurisdiction
3.4 General Principles - Separation of powers
3.16 General Principles - Proportionality
3.21 General Principles - Equality
3.22 General Principles - Prohibition of arbitrariness
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions
1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies
4.5.2 Institutions - Legislative bodies - Powers
Drug trafficking, Sentencing scale / Legislative, Clear error / Defederalisation of Jurisdiction / Criminal Justice , Sentencing scale

Austria

AUT-2025-1-001 a) Austria b) Constitutional Court c) d) 27.02.2025 e) G 168/2024 f)
§ 17a of the Brokerage Act, according to which the tenant can only be charged a commission for the brokerage of a residential lease agreement if he or she has first contacted the real estate agent (“first-client principle”), aims to mitigate the effects on tenants of the actual balance of power in the housing market and strikes a fair balance between competing housing, social and urban development... Read more
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
5.2 Fundamental Rights - Equality
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Housing, Rent / Brokerage fee, Obligation to pay

Bosnia and Herzegovina

BiH-2025-1-001 a) Bosnia and Herzegovina b) Constitutional Court c) Plenary d) 27.03.2025 e) AP-1646/21 f)
Inspectors who carry out inspection supervision are not “authorised officials” within the meaning of the Criminal Procedure Code who can carry out a search as an action undertaken in investigation proceedings. A search conducted by such inspectors and without the presence of the required witnesses resulted in unlawful interference with the right to home.
5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home
Search, Premises, Lawfulness / Search, Warrant, Wording / Inspection, Supervision / Search, Authorised officials

Canada

CAN-2025-1-001 a) Canada b) Supreme Court c) d) 07.03.2025 e) 40725 f) Ontario (Attorney General) v. Working Families Coalition (Canada) Inc.
Section 37.10.1.2 of Ontario’s Election Finances Act (hereinafter, “EFA”), which restricts the amount that third parties can spend on political advertising in the year before a provincial election period in Ontario, infringes the right to vote in Section 3 of the Canadian Charter of Rights and Freedoms (hereinafter, “Charter”), which states that “every citizen of Canada has the right to vote in an... Read more
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote
Political advertising, Third parties, Spending limit / Provincial elections, Third party political advertising / Advertising, Political

CAN-2025-1-002 a) Canada b) Supreme Court c) d) 14.03.2025 e) 40608 f) John Howard Society of Saskatchewan v. Saskatchewan (Attorney General)
Section 68 of The Correctional Services Regulations, 2013 (hereinafter, “Regulations”) of the province of Saskatchewan, which sets at a balance of probabilities the applicable standard of proof in disciplinary proceedings involving inmates in that province’s correctional institutions who are charged with disciplinary offences, infringes Sections 7 and 11.d of the Canadian Charter of Rights and Fre... Read more
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
Inmate, Disciplinary offence , Standard of proof

Costa Rica

CRC-2025-1-001 a) Costa Rica b) Constitutional Chamber of the Supreme Court c) Constitutional Chamber d) 14.02.2025 e) 2025-004949 f)
Measures imposing restraints over the freedom of conscience and worship must balance wider interests against those of lesser consideration. When such freedoms connect with labour, civil and administrative proceedings, the State protection established in Article 75 of the Constitution is worthy of weighing in favour of the relevant freedoms of the individual.
3.18 General Principles - General interest
3.20 General Principles - Reasonableness
5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
Religious marriage / Marital annulment process / Religious bodies

Czech Republic

CZE-2025-1-001 a) Czech Republic b) Constitutional Court c) d) 11.03.2025 e) I. ÚS 1927/24 f) Protection of political speech; assessment of whether the elements of the crime of spreading false alarms (“scaremongering”) have been met
The dissemination of disinformation is not excluded from the scope of Article 17.1 and 17.2 of the Charter of Fundamental Rights and Freedoms; it may only be restricted by law and under the conditions set out in Article 17.4 of the Charter of Fundamental Rights and Freedoms. Criminal prosecution for spreading false alarms under Section 357 of the Criminal Code is, in abstracto, a measure t... Read more
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
5.1.4 Fundamental Rights - General questions - Limits and restrictions
3.18 General Principles - General interest
Internet, Right to information / Social media, Expression / Dissemination, False fact / Dissemination, Information, Opinion / Freedom of expression, Chilling effect / Democracy, Freedom of expression, Value / Information, False, Internet / Criminal liability, Alarming messages, Dissemination

CZE-2025-1-002 a) Czech Republic b) Constitutional Court c) d) 19.03.2025 e) Pl. ÚS 17/24 f) Case “Anička” – suspended sentence for sexual offense
The procedural component of Article 3 ECHR implies a positive obligation of the state to assess all the circumstances of the case and to provide sufficient and convincing reasons for imposing a suspended sentence for a serious attack on the physical and mental integrity of the victim. The interpretation and implementation of positive human rights obligations must respect the principles of a fair ... Read more
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.12 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the decision
3.9 General Principles - Rule of law
3.17 General Principles - Weighing of interests
3.4 General Principles - Separation of powers
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
Child, Sexual abuse / Minor, Rape / Child, Protective approach towards victims / Imprisonment, Enforcement of sentence, Suspended sentence / Sexual abuse, Victim, Blame shifting

European Union, Court of Justice

ECJ-2025-1-001 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 25.02.2023 e) C-233/23 f) Alphabet e.a.
Competition A refusal by an undertaking in a dominant position to ensure that its platform is interoperable with an app of another undertaking, which thereby becomes more attractive, can be abusive.
1.5.4.6 Constitutional Justice - Decisions - Types - Modification
1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures
Competition, Dominant position, Abuse / Digital markets, Digital platform, Refusal of an undertaking in a dominant position, Objective, Justification

ECJ-2025-1-002 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 04.02.2025 e) C-158/23 f) Keren
International protection: EU law does not preclude, under certain conditions, beneficiaries of international protection from having to pass a civic integration examination. However, failing such an examination cannot be systematically penalised.
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
Beneficiary of international protection, Examination, Fail, Payment of costs of civic integration courses / Asylum, Policy, Access to integration facilities, Civic integration examination, Obligation

ECJ-2025-1-003 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 25.02.2025 e) C-146/23 et C-374/23 f) Sąd Rejonowy w Białymstoku and Adoreikė
Institutional law Judicial independence: the Court of Justice clarifies the requirements of EU law concerning the determination of national judges’ remuneration.
3.4 General Principles - Separation of powers
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
Member states, Obligations, Principle of judicial independence / Judicial remuneration, Level

ECJ-2025-1-004 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 03.04.2025 e) C-743/24 f) Alchaster II
Arrest warrants issued by the United Kingdom: a hardening of the conditions for release on licence does not, in principle, preclude the surrender of the requested person. Such hardening does not, in principle, amount to the imposition of a heavier penalty than the one initially provided for.
2.1.1.4.14 Sources - Categories - Written rules - International instruments - Government of 1985
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000
5.2.1 Fundamental Rights - Equality - Scope of application
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.13.1.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings
Fundamental rights, Charter, European Convention on Human Rights / Judicial cooperation, Criminal matters, Trade and Cooperation Agreement with the United Kingdom, Arrest warrant, Surrender / Incurred sentence, Retroactive modification, Real risk of a harsher sentence than that initially incurred, Modification of the conditional release regime, Condition

ECJ-2025-1-005 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 08.04.2025 e) C-292/23 f) European Public Prosecutor's Office (Judicial review of procedural acts)
The procedural acts of the European Public Prosecutor’s Office (hereinafter, the "EPPO") that are capable of affecting the legal situation of the persons challenging them must be amenable to judicial review. However, it is not mandatory for that review to take the form of a direct action, provided that it includes a verification that the rights and freedoms of the person concerned are observed.
3.4 General Principles - Separation of powers
3.21 General Principles - Equality
5.2.1 Fundamental Rights - Equality - Scope of application
European public prosecutor's office, Procedural issues, Judicial review, Procedural safeguards

ECJ-2025-1-006 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 29.04.2025 e) C-181/23 f) Commission v. Malta (Citizenship by Investment)
Union citizenship: the Maltese investor citizenship scheme is contrary to European Union law. The acquisition of Union citizenship cannot result from a commercial transaction.
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
3.10 General Principles - Certainty of the law
Citizenship of the Union, Granting of nationality of a Member State, Citizenship by investment, Naturalisation

France

FRA-2025-1-001 a) France b) Constitutional Council c) d) 14.02.2025 e) 2024-1121 QPC f) Association One Voice [Keeping non-domestic animals in certain establishments for entertainment purposes]
Provisions of the Environment Code prohibiting travelling circuses from keeping, exploiting and exhibiting wild animals to the public were in conformity with the Constitution. The main criticism levelled at these provisions was that they did not extend the same prohibitions to permanent entertainment venues.
5.5.1 Fundamental Rights - Collective rights - Right to the environment
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
Animal, Well-being, Protection / Pets / Mobile establishment, Entertainment

FRA-2025-1-002 a) France b) Constitutional Council c) d) 20.03.2025 e) 2025-876 DC f) Framework law on food sovereignty and generational renewal in agriculture
In its Decision no. 2025-876 DC of 20 March 2025, referred to it under the framework law on food sovereignty and generational renewal in agriculture, the Constitutional Council struck down several provisions that contravened, in particular, the principle of separation of powers and the constitutional value of accessibility and intelligibility of the law (Article 2), the principle of equality befor... Read more
3.4 General Principles - Separation of powers
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Agriculture, Pisciculture / Environment, Protection

FRA-2025-1-003 a) France b) Constitutional Council c) d) 28.03.2025 e) 2025-1129 QPC f) Mr Rachadi S. (Automatic resignation of a municipal councillor who was sentenced to an additional penalty of ineligibility accompanied by provisional enforcement)
In its Decision no. 2025-1129 of 28 March 2025, the Constitutional Council ruled that the provisions of the Electoral Code organising the procedure for the automatic resignation of a municipal councillor sentenced to a term of ineligibility accompanied by provisional enforcement are constitutional, subject to interpretation.
3.16 General Principles - Proportionality
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
Criminal law, Punishment, Necessity / Criminal law, Punishment, Individualisation / Election, Candidate, Eligibility

FRA-2025-1-004 a) France b) Constitutional Council c) d) 29.04.2025 e) 2025-1134 QPC f) President of the Rennes Bar Association and other [Exercise of the right to visit places of deprivation of liberty]
In its decision no. 2025-1134 QPC of 29 April 2025, the Constitutional Council censured the absence of visiting rights for bar association presidents in prisons and detention centres of judicial courts in light of the principle of equality before the law.
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
1.6.5 Constitutional Justice - Effects - Temporal effect
Places of deprivation of liberty / Visitation rights, President of the Bar

Germany

GER-2025-1-001 a) Germany b) Federal Constitutional Court c) First Panel d) 24.10.2024 e) 1 BvL 10/20 f) Law on names, adult adoption
1. The legislator, when creating law governing family names, can take into account the function of names in tracing lines of descent or representing family relationships (adherence to BVerfGE 104, 373 <386> and BVerfGE 109, 256 <269>). 2. If regulations of the law governing family names interfere with the right to one's own name as guaranteed as an expression of the general right of... Read more
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Family name, Change / General right to personality / Right to one’s name / Adoption, Name, Change / Adoption, Adult

GER-2025-1-002 a) Germany b) Federal Constitutional Court c) First Panel d) 27.11.2024 e) 1 BvR 1726/23 f) Tübingen Disposable Packaging Tax
1a. The locality of a consumption tax within the meaning of the first sentence Article 105.2a of the Basic Law that is not directly imposed on consumption, but instead is indirectly imposed on the sale of goods, is only present when the criteria for taxation realistically describe goods that are typically consumed in the municipality. 1b. This is fulfilled whenever the criteria for the imposition... Read more
4.8.3 Institutions - government - Municipalities
4.8.8 Institutions - government - Distribution of powers
4.10.7 Institutions - Public finances - Taxation
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
Consumption tax / Disposable packaging / Legal order, Prohibition against inner contradictions / Loyalty within the federal order

GER-2025-1-003 a) Germany b) Federal Constitutional Court c) First Panel d) 14.11.2024 e) 1 BvL 3/22 f) North Rhine-Westphalia Police Act – Observations
1. Long-term observations undertaken for preventative purposes combined with the use of technical means to take and record images give rise to serious interference with the right to informational self-determination (Article 2.1 in conjunction with Article 1.1 of the Basic Law) as a manifestation of the general right of personality. 2. The constitutional justification of data collection by means o... Read more
3.12 General Principles - Clarity and precision of legal provisions
3.16 General Principles - Proportionality
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
Crime prevention / Security, Public, Danger / Surveillance, Secret / Privacy, Invasion, Proportionality / Police, Legislation / Personal data, Retention / Informational self-determination / Data collection, Secret / Police, Surveillance, Limit / Police, Power / General right to personality

GER-2025-1-004 a) Germany b) Federal Constitutional Court c) Third Chamber of the First Panel d) 11.12.2024 e) 1 BvR 1426/24 f) Denial of ex-post judicial review as to whether sufficient diplomatic protection was afforded
1. The organs of the Federal Republic of Germany, especially the Federal Government, are constitutionally obliged to protect German nationals and their interests vis-à-vis foreign states. In particular, the state has an obligation to provide diplomatic protection and consular assistance. 2. Yet, the Federal Government has wide discretion in deciding whether and in which manner to afford protectio... Read more
1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review
3.19 General Principles - Margin of appreciation
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
Diplomatic protection, Right / Foreigner, Arrest, Consular rights, Advice

GER-2025-1-005 a) Germany b) Federal Constitutional Court c) First Panel d) 11.12.2024 e) 1 BvR 1109/21; 1 BvR 1422/23 f) Collective agreements and equal treatment
1. Free collective bargaining also encompasses the legally binding effects of the collective agreements on individual employment contracts subject to the collective agreement. This binding effect both expands and endangers the individual freedom of those subject to the collective agreement. The fundamental right to freedom of labour coalitions protects members of the parties to collective agreemen... Read more
5.1.2 Fundamental Rights - General questions - Horizontal effects
5.2 Fundamental Rights - Equality
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions
Collective agreement, Legally binding / Night work, Irregular / Night shift work / Leeway to design, Collective bargaining / Free collective bargaining / Collective bargaining, Representative organisation, Working conditions / Supplementary allowance

GER-2025-1-006 a) Germany b) Federal Constitutional Court c) Third Chamber of the First Panel d) 20.12.2024 e) 1 BvR 1779/24 f) Payment protection insurance
1. Prior to lodging a constitutional complaint directly challenging a law, it is, generally, necessary to pursue all other options that might remedy the alleged fundamental rights violation, including remedies which are not certain to be admissible generally and in the specific case. 2. The remedies to be exhausted before lodging a constitutional complaint which directly challenges a law may in... Read more
1.4.4.1 Constitutional Justice - Procedure - Exhaustion of remedies - Obligation to raise constitutional issues before ordinary courts
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
3.12 General Principles - Clarity and precision of legal provisions
Act, Direct and individual concern to the applicant / European Communities, Directive, Interpretation / Insurance, Broking / Insurance, Company / Creditor, Protection / Consumer protection / Consumer credit agreement / Constitutional complaint, Substantiation / Constitutional complaint, Subsidiarity / Constitutional complaint, Admissibility

GER-2025-1-007 a) Germany b) Federal Constitutional Court c) First Panel d) 14.01.2025 e) 1 BvR 548/22 f) Policing costs for high-risk football games
1. Fees are payments under public law imposed on entities or persons by way of a public law provision or another act of state authority for services rendered that are attributable to these entities or persons; in particular, they are designed to cover the costs of these services, either entirely or in part, or to obtain compensation for their benefit or value. They are based on the concept of comp... Read more
3.16 General Principles - Proportionality
4.8.7.3 Institutions - government - Budgetary and financial aspects - Budget
4.10.1 Institutions - Public finances - Principles
4.10.7 Institutions - Public finances - Taxation
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens
5.2.2 Fundamental Rights - Equality - Criteria of distinction
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
Fee / Profession, Freedom to exercise, Regulation / Public safety / Football, Violence, Preventive measure / Fee, Imposition / Fee, Exception / Police security measures, Cost / Sports event, Violence

GER-2025-1-008 a) Germany b) Federal Constitutional Court c) First Chamber of the Second Panel d) 24.01.2025 e) 2 BvR 1103/24 f) Extradition to Hungary
1. The principles of mutual trust and mutual recognition between EU Member States may be restricted if there is a risk that surrendering the affected person to the issuing Member State will lead to this person being treated in an inhuman or degrading manner within the meaning of Article 4 of the Charter of Fundamental Rights of the EU. 2. Given that the prohibition of inhuman or degrading treatme... Read more
1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest
5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
Investigation, Effective / Judge, Obligation to clarify the facts of the case / Extradition, Obstacle / Extradition, Assurances of the State of destination / EU, Member states, Mutual trust / Detention conditions, Inhuman / European Arrest Warrant / Criminal matter, Mutual assistance between states / Non-binary person

GER-2025-1-009 a) Germany b) Federal Constitutional Court c) Third Chamber of the Second Panel d) 05.02.2025 e) 2 BvR 24/25, 2 BvR 69/25 f) Continuation of remand detention
1. Under the requirement of speedy justice in detention matters, the courts and criminal prosecution authorities must take all reasonable measures to conclude the necessary investigations as swiftly as possible and bring about a court decision. The longer the accused are held in remand detention, the stricter the requirements regarding the swift continuation of the proceedings. 2. Where it is for... Read more
3.16 General Principles - Proportionality
5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial
5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
Custodial arrest warrant, Judicial review / Proceedings, Speedy conduct, Principle / Detention, On remand, Length

GER-2025-1-010 a) Germany b) Federal Constitutional Court c) Third Chamber of the First Panel d) 27.02.2025 e) 1 BvR 2253/23; 1 BvR 115/24 f) Tax on sports betting
1. Constitutional complaints that do not sufficiently substantiate the possibility of a violation of fundamental rights or equivalent rights are inadmissible. 2. The legislative competence of the Federation in the area of sports betting cannot simply be challenged on the grounds that the federal states could conclude a state treaty for this matter.
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
3.16 General Principles - Proportionality
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
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
Gambling, Addiction / Tax, Double taxation / Freedom to provide services, Violation / Court of Justice of the European Union, Preliminary ruling, Duty of referral / Right to one’s lawful judge / Betting, Sport

GER-2025-1-011 a) Germany b) Federal Constitutional Court c) Second Panel d) 13.03.2025 e) 2 BvE 2/25, 2 BvE 3/25, 2 BvE 5/25 f) Convening of old Bundestag prior to constitution of new Bundestag
1. Pursuant to the second sentence of Article 39.1 of the Basic law, the electoral term of the old Bundestag ends with the convening of the new Bundestag. Until the new Bundestagconvenes, the old Bundestagis not restricted in its ability to act. This also applies when Parliament is dissolved pursuant to Article 68.1 of the Basic Law. 2. Neither the Bundestagnor... Read more
3.3 General Principles - Democracy
4.5.3.4.2 Institutions - Legislative bodies - Composition - Term of office of members - Duration
4.5.4.2 Institutions - Legislative bodies - Organisation - President/Speaker
4.5.4.3 Institutions - Legislative bodies - Organisation - Sessions
4.5.6.1 Institutions - Legislative bodies - making procedure - Right to initiate legislation
Parliament, Dissolution / Parliament, Organisation, Autonomy / Political will, Formation / Parliament, Session, Convening

GER-2025-1-012 a) Germany b) Federal Constitutional Court c) Second Panel d) 26.03.2025 e) 2 BvR 1505/20 f) Solidarity surcharge 2020/2021
1. The levying of a surtax within the meaning of Article 106.1 no. 6 of the Basic Law requires that additional financial needs of the Federation will probably arise from a specific task to be performed by the Federation and the levying of a surtax appears necessary to meet these financial needs according to the legislator’s assessment – which is only subject to limited review by the Federal Consti... Read more
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
3.16 General Principles - Proportionality
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Equality, Fiscal / Taxation, Legislative discretion / Tax, Burden, Equality / Tax law, Amendments

GER-2025-1-013 a) Germany b) Federal Constitutional Court c) Third Chamber of the Second Panel d) 27.03.2025 e) 2 BvR 829/24 f) Effective defence in criminal proceedings held in absentia
1. The provisions on necessary legal representation under the Code of Criminal Procedure flow from the right to a fair trial as part of the principle of the rule of law. 2. Throughout criminal proceedings, the court must determine whether it is necessary for the defendant to have legal representation. This also extends to appeal proceedings. 3. As a rule, in appeal proceedings, the main hearing ... Read more
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice
5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel
Appeal, Criminal proceedings / Severity of sentence / Suspended sentence / Trial, Criminal, Due process of law, Constitutional right / Right to effective legal protection / Right to an effective defence / Code of Criminal Procedure / Imprisonment / Court-appointed defender / Compound sentence

Ireland

IRL-2025-1-001 a) Ireland b) Supreme Court c) d) 09.05.2023 e) S:AP:IE:2022:000014 f) A, B and C (A Minor Suing by His Next Friend, A) v. The Minister for Foreign Affairs and Trade
A child born in the United Kingdom via a surrogacy arrangement is not entitled to Irish citizenship by descent under Section 7.1 of the Irish Nationality and Citizenship Act 1956 if the Irish citizen parent is not legally recognised as a parent at the time of birth. The term "parent" in this context refers to the genetic father or birth mother at the time of the child's birth. The Supreme Court c... Read more
1.3.5.13 Constitutional Justice - Jurisdiction - The subject of review - Administrative acts
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
3.9 General Principles - Rule of law
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
5.1.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
5.3.33.1 Fundamental Rights - Civil and political rights - Right to family life - Descent
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
3.21 General Principles - Equality
Constitution, Interpretation, Jurisdiction / Surrogacy, Child, Non-biological parent, Registration / Citizenship, Application, Parents, Equality / Surrogacy, Birthright citizenship, Equality

IRL-2025-1-002 a) Ireland b) Supreme Court c) d) 31.03.2023 e) S:AP:IE:2022:000006 f) Tomás Heneghan v. The Minister for Housing, Planning and Local Government and Others
Sections 6 and 7 of the Seanad Electoral (University Members) Act 1937, which limit the electorate for university seats in the upper house of the Irish Parliament (Seanad Éireann) to graduates of the University of Dublin and the National University of Ireland, are inconsistent with Article 18.4.2 of the Constitution. This constitutional provision, inserted by the Seventh Amendment in 1979,... Read more
1.3.4.5 Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes
1.3.4.6 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of referendums and other instruments of direct democracy
1.3.5.9 Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules
1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
3.3 General Principles - Democracy
3.4 General Principles - Separation of powers
3.9 General Principles - Rule of law
4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy
4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system
5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
Election, Electoral process, Access / Law, Adopted by referendum, Constitutional review / Referendum, Constitutional, Implementation of results / Ruling of unconstitutionality, Political party / Party member, Electoral participation / Democracy, Principle of participation, Members of parliament

IRL-2025-1-003 a) Ireland b) Supreme Court c) d) 30.03.2023 e) S:AP:IE:2023/000132; S:AP:IE:2023/000133; S:AP:IE:2023/000134; S:AP:IE:2023/000135 f) Adoption Act 2010, Sections 49.1 and 49.3 and in the matter of A (a minor) and B (a minor): Adoption Authority of Ireland v. C and D and the Attorney General
The recognition of a foreign step parent adoption order, arising from a commercial surrogacy arrangement, is not contrary to Irish public policy. The child's best interests are paramount; public policy in this area is evolving. There is an absence of legislative clarity on surrogacy and intercountry adoption, representing a significant gap and highlighting the need for comprehensive statutory guid... Read more
3.9 General Principles - Rule of law
3.17 General Principles - Weighing of interests
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.2.3 Fundamental Rights - Equality - Affirmative action
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Equality, Adoption, Family life / Surrogacy, Same-sex couple, Registration, Parents / Decision, Foreign court, Recognition

IRL-2025-1-004 a) Ireland b) Supreme Court c) d) 14.11.2023 e) S:AP:IE:2022:000023 f) Odum & Others v. Minister for Justice and Equality (no. 2)
While non-citizen children possess constitutional rights to the care and companionship of their parents, the deportation of a non-citizen parent does not automatically impinge upon these rights. Substantial evidence of a meaningful parent-child relationship is necessary to challenge such deportation orders successfully. In this case, the lack of compelling evidence led to the conclusion that the d... Read more
3.9 General Principles - Rule of law
3.12 General Principles - Clarity and precision of legal provisions
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.3.9 Fundamental Rights - Civil and political rights - Right of residence
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Procedural obligations under Article 8 ECHR / Foreigner, Residence, Illegal, Deportation, Obstacle / Residence permit, Issue, Circumstance, Exceptional / Child, Best interest, Maintenance of family ties

IRL-2025-1-005 a) Ireland b) Supreme Court c) d) 01.02.2023 e) S:AP:IE:2021:000149 f) Middelkamp v. Minister for Justice and Equality
The right to respect for private and family life under Article 8 ECHR is engaged by immigration decisions that impact family unity. However, this right is not absolute and may be restricted where justified by a legitimate aim, such as the maintenance of an effective immigration system. Interference with family life arising from immigration control measures may be considered proportionate under Ar... Read more
3.9 General Principles - Rule of law
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
3.22 General Principles - Prohibition of arbitrariness
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.3.9 Fundamental Rights - Civil and political rights - Right of residence
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Administrative authority, Discretionary power / Procedural obligations under Article 8 ECHR / Foreigner, Residence permit, Temporary, Rejection, Visa, Expiry / Expulsion, Right to family life

Italy

ITA-2025-1-001 a) Italy b) Constitutional Court c) d) 06.12.2023 e) 9/2024 f)
The provisions concerning the procedure that the Sicily Region must follow to repay its financial deficit breach Articles 81 of the Constitution (State budget), 97 of the Constitution (public administration), and 119 of the Constitution (financial autonomy of the regions). To ensure responsible public finance management, the duration of a repayment plan must align with the financial period in whi... Read more
3.6.3 General Principles - Structure of the State - Federal State
3.9 General Principles - Rule of law
3.17 General Principles - Weighing of interests
3.18 General Principles - General interest
3.21 General Principles - Equality
4.8.2 Institutions - government - Regions and provinces
4.8.7 Institutions - government - Budgetary and financial aspects
4.10.2 Institutions - Public finances - Budget
Public finance management / Balanced budget principle / Financial period / Deficit restructuring, Historical deficit / Region, Special status

ITA-2025-1-002 a) Italy b) Constitutional Court c) d) 11.03.2024 e) 41/2024 f)
The absence of the right of suspects under criminal investigation to be informed of the termination of the proceedings due to a time-bar, even if this prevents them from waiving the time-bar in order to seek full acquittal at trial, does not violate the suspect’s rights to defence and adversarial proceedings, guaranteed under Articles 24 and 111 of the Constitution, because the opening of an inves... Read more
5.2 Fundamental Rights - Equality
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation
5.3.13.12 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the decision
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
Right to waive time-bars / Right to defend honour and reputation against a formal charge / Pretrial stage of criminal proceedings / Investigation, Termination, Time-bar / Investigation, Termination, Triviality

ITA-2025-1-003 a) Italy b) Constitutional Court c) d) 19.07.2024 e) 137/2024 f)
The ban on issuing new licenses for private hire vehicles (hereinafter, “PHV”), which was intended to remain in effect until an electronic register of transportation service providers becomes operational, but has been subject to a five-year implementation delay, is unconstitutional. The ban violates several constitutional principles enshrined in Articles 3 of the Constitution (Principle of equal... Read more
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
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
3.22 General Principles - Prohibition of arbitrariness
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection
5.4.8 Fundamental Rights - Economic, social and cultural rights - Freedom of contract
3.21 General Principles - Equality
New private hire vehicles (PHV) licenses / Competition / Transports / Public services / Temporary ban, Implementation delays

ITA-2025-1-004 a) Italy b) Constitutional Court c) d) 23.07.2024 e) 143/2024 f)
The requirement of court authorisation for gender reassignment surgery is unconstitutional because it violates the principle of medical self-determination under Articles 2 of the Constitution (Fundamental rights), 3 of the Constitution (Equality and non-discrimination) and 32 of the Constitution (Protection of health). While the binary structure of the civil status registry can affect the fundame... Read more
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.3.11 Sources - Techniques of review - Pro homine/most favourable interpretation to the individual
3.16 General Principles - Proportionality
5.1.1 Fundamental Rights - General questions - Entitlement to rights
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
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
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Gender identity / Civil status records / Sexual traits / Third gender, Civil status registry / Gender reassignment surgery, Conditions / Non-binary people, Rights

ITA-2025-1-005 a) Italy b) Constitutional Court c) d) 05.02.2025 e) 7/2025 f)
The mandatory confiscation of instrumentalities of crime, whether direct or by equivalent means, violates the principle of proportionality in criminal punishment, as established under Articles 3 and 27.3 of the Constitution, and obligations arising from European Union law to which Italy is bound under Articles 11 and 117 of the Constitution, in conjunction with Article 49.3 of the EU Charter of Fu... Read more
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000
2.1.3.2.2 Sources - Categories - law - law - Court of Justice of the European Union
2.2.1.6 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law
3.16 General Principles - Proportionality
4.7.8.2 Institutions - Judicial bodies - Ordinary courts - Criminal courts
5.2 Fundamental Rights - Equality
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
3.19 General Principles - Margin of appreciation
Mandatory confiscation / Criminal fine, Financial circumstances of the offender, Discretion

Japan

JPN-2025-1-001 a) Japan b) Supreme Court c) Grand Bench d) 18.10.2023 e) (Gyo-Tsu) 54/2023 f) Constitutionality of the provisions of Article 14 and Appended Table 3 of the Public Offices Election Act on the apportionment of seats in the House of Councillors (elected from the constituencies)
At the time of the regular election of members of the House of Councillors held on 10 July 2022, it cannot be said that the disparity between constituencies in terms of the value of votes under the provisions of Article 14 and Appended Table 3 of the Public Offices Election Act as amended by Act no. 75 of 2018 on the apportionment of seats in the House of Councillors (elected from the constituenci... Read more
4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system
4.9.4 Institutions - Elections and instruments of direct democracy - Constituencies
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote
Vote, Weight, Relative / Seat, Allocation / Constituency, Disparity

JPN-2025-1-002 a) Japan b) Supreme Court c) Grand Bench d) 25.10.2023 e) (Ku) 993/2020 f) Constitutionality of the Article 3.1.iv of the Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder (compliance with Article 13 of the Constitution)
Article 3.iv of the Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder is in violation of Article 13 of the Constitution. There are individual opinions.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Gender identity / Gender, Change, Recognition / Gender identity, Determination / Gender reassignment, Legal conditions / Invasion, Bodily integrity / Physical integrity / Reproductive capacity

Liechtenstein

LIE-2025-1-001 a) Liechtenstein b) Constitutional Court c) d) 03.02.2025 e) StGH 2024/117 f)
The Agreement between the Principality of Liechtenstein and the Swiss Confederation on the exchange of data relating to banned gamblers in the gambling sector dated 20 October 2022 complies with the Constitution and the European Convention on Human Rights.
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.2 Fundamental Rights - Equality
Casino / Entry ban, Ban on operation

LIE-2025-1-002 a) Liechtenstein b) Constitutional Court c) d) 12.05.2025 e) StGH 2024/059 f)
Although there is still no constitutional right to appropriate compensation for parties in first-instance administrative proceedings, there is such a right in appeal proceedings.
1.4.14.3 Constitutional Justice - Procedure - Costs - Party costs
4.7.9 Institutions - Judicial bodies - Administrative courts
Administrative appeal proceedings / Legal representation, Costs

Lithuania

LTU-2025-1-001 a) Lithuania b) Constitutional Court c) d) 19.03.2025 e) KT14-N3/2025 f) Prohibition on the economic activities of keeping and/or breeding animals for the purpose of fur production or sale
Under Article 46.3 of the Constitution, the legislature may amend the conditions for specific economic activities, taking into account the general welfare of the nation. In accordance with Article 54 of the Constitution, ensuring the protection of wildlife constitutes a public interest, the safeguarding of which is a constitutional obligation of the State. To ensure the public interest to protec... Read more
3.10 General Principles - Certainty of the law
3.16 General Principles - Proportionality
3.18 General Principles - General interest
5.2 Fundamental Rights - Equality
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
5.5.1 Fundamental Rights - Collective rights - Right to the environment
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
3.19 General Principles - Margin of appreciation
Economic activity, Restriction, Compensation procedure / Economic activity, Exercise of, Limit, Public morality, Ethics, Humanity / Welfare, Nation, Environment / Animal, Fur production, Sale / Invasive species, American mink

LTU-2025-1-002 a) Lithuania b) Constitutional Court c) d) 10.04.2025 e) KT19-N4/2025 f) Provision of assisted reproduction services
Article 5.3 of the Law on Assisted Reproduction which provides that only persons who have entered into a marriage or a registered partnership agreement have the right to receive assisted reproduction services conflicts with Articles 29 of the Constitution (non-discrimination) because it restricts the human rights of a group of people (de facto families and singles) based on their family sit... Read more
5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
3.21 General Principles - Equality
4.5.2 Institutions - Legislative bodies - Powers
Assisted reproduction , Medical need / Discrimination, Family situation / Right to family, Single / Right to family, Non-married couples / Health care, Universal access, Non-discrimination

Mexico

MEX-2025-1-001 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 23.07.2025 e) SUP-JDC-1441/2024 f)
The right to of access to justice and freedom of expression, as well as the political rights of those who are members of political parties are protected. Political criticism directed at institutional decisions and actors of public relevance, which does not impute crimes or false facts and remains within the framework of democratic debate, is protected under freedom of expression, which requires h... Read more
5 Fundamental Rights
5.2 Fundamental Rights - Equality
5.2.2 Fundamental Rights - Equality - Criteria of distinction
5.2.2.9 Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation
5.3 Fundamental Rights - Civil and political rights
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Affiliation / Criticism / Dissent, Freedom of expression / Freedom of expression

MEX-2025-1-002 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 30.04.2025 e) SUP-JDC-1847/2025 f)
Judicial bodies have the obligation safeguard the right of access to justice and the right of petition of persons with disabilities. Issuing a response by an incompetent authority violates the right of petition and generates legal uncertainty. In cases involving persons with disabilities, authorities must adopt reasonable accommodations to ensure effective participation, in compliance with const... Read more
5 Fundamental Rights
5.2 Fundamental Rights - Equality
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
5.3 Fundamental Rights - Civil and political rights
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.37 Fundamental Rights - Civil and political rights - Right of petition
Disability, Physical / Impairment, Visual, Protection, Inclusion, Diversity, Easy-read format / Individual petition / Information, Access

MEX-2025-1-003 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 28.05.2025 e) SUP-JDC-2091-2025 y acumulados f)
In Mexico, the principle of gender parity has constitutional rank and must be applied transversally at all stages of the electoral process, including both the nomination of candidacies and the allocation of offices. This principle is not exhausted by an arithmetic distribution of men and women but rather requires concrete and effective measures to correct historical and structural inequalities in ... Read more
1 Constitutional Justice
1.1 Constitutional Justice - Constitutional jurisdiction
1.3.4.5 Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes
1.3.4.11 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of constitutional revision
2.3.6 Sources - Techniques of review - Historical interpretation
2.3.8 Sources - Techniques of review - Systematic interpretation
4.5.3 Institutions - Legislative bodies - Composition
4.5.3.2 Institutions - Legislative bodies - Composition - Appointment of members
4.9.6 Institutions - Elections and instruments of direct democracy - Representation of minorities
Gender, Parity / Interpretation

MEX-2025-1-004 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 21.05.2025 e) SUP-REC-0003-2025 f)
Parliamentary acts that directly or indirectly affect the exercise of political-electoral rights—such as the right to vote, the right to be elected, and the holding of periodic elections—must be subject to judicial scrutiny. This position is grounded in the principles of constitutional supremacy, democratic regularity, and in case-law recognising the justiciability of legislative measures with res... Read more
1.3.4.5 Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes
1.3.4.7.2 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
1.6.2 Constitutional Justice - Effects - Determination of effects by the court
1.6.8 Constitutional Justice - Effects - Influence on everyday life
3.3 General Principles - Democracy
3.16 General Principles - Proportionality
4.5.2 Institutions - Legislative bodies - Powers
4.7.1 Institutions - Judicial bodies - Jurisdiction
5.1.4.1 Fundamental Rights - General questions - Limits and restrictions - derogable rights
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.3.29 Fundamental Rights - Civil and political rights - Right to participate in public affairs
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
5.3.41.3 Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting
5.3.41.6 Fundamental Rights - Civil and political rights - Electoral rights - Frequency and regularity of elections
5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living
5.5.3 Fundamental Rights - Collective rights - Right to peace
Unconstitutional state of affairs, Legislation, Exhortation / Security, Public, Danger

MEX-2025-1-005 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 28.05.2025 e) SUP-JG-32/2025 f)
The appointments of magistrates to the Electoral Tribunal of Mexico City —two men and two women— are confirmed because the principle of gender parity was respected by filling the four vacancies in an equitable proportion. The resulting composition of three men and two women is valid, since in the case of odd-numbered collegiate bodies, a minimal difference of one member between genders is permitt... Read more
1.1.2 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure
1.1.2.3 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointing authority
3.21 General Principles - Equality
5.3.41 Fundamental Rights - Civil and political rights - Electoral rights
Gender, Parity / Substantive equality / Election, Local authority / Local authority

MEX-2025-1-006 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 09.04.2025 e) SUP-JE-101/2025 f)
The National Electoral Institute does not hold exclusivity in promoting voter participation in judicial elections, allowing the branches of the Union, state authorities, and public servants to also disseminate institutional information and encourage citizen participation, provided that the principles of impartiality, equity, and neutrality are respected. The Electoral Tribunal established clear l... Read more
5.3.41 Fundamental Rights - Civil and political rights - Electoral rights
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.24 Fundamental Rights - Civil and political rights - Right to information
Right to vote / Freedom of speech / Dialogue, Interinstitutional / Election, Participation

Moldova, Republic of

MDA-2025-1-001 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 16.01.2025 e) 2 f) Constitutionality review of Law no. 65, 30 March 2023, on the "External evaluation of judges and candidates for the position of judge of the Supreme Court of Justice" and of Law no. 252, 17 August 2023, on the "External evaluation of judges and prosecutors and on amendments to certain legislative acts"
Concerns had arisen over the constitutionality of provisions relating to the evaluation of judges and prosecutors, judges and prosecutors, and those who resign within 20 days of being notified of the start of an evaluation process and the potential for undermining the independence of the judiciary and the principle of the separation of powers.
3.9 General Principles - Rule of law
3.16 General Principles - Proportionality
4.7.4.1.5 Institutions - Judicial bodies - Organisation - Members - End of office
3.4 General Principles - Separation of powers
4.7.4.1.6.2 Institutions - Judicial bodies - Organisation - Members - Status - Discipline
Democracy, Rule of law, Element / Independence, Judge, Court / Judge, Appointments board, Competences / Judge, Loss of Role, Appeal, Right

MDA-2025-1-002 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 01.04.2025 e) 3 f) Constitutionality review of Article 91.3 of Law no.140 on the "State labour inspectorate, 10 May 2001
Various legal provisions prevented certain persons from exercising managerial or executive functions in relation to the monitoring of compliance with labour, health, and safety regulations. This restriction applied to persons who, within the last five years, were involved in, or had a personal interest in, private external protection and prevention services, business and management consultancy fir... Read more
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
4.6.9 Institutions - Executive bodies - The civil service
Conflict of interest, Private sector, Public sector / Public servant, Integrity / Entrance examination, Public service, Entry

MDA-2025-1-003 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 14.04.2025 e) 4 f) Constitutionality review of Article 21 of the Law on the "Special Legal Status of Gagauzia" and Articles 25.3 and 26 of the Law on "Prosecutor's Office"
The Prosecutor's Office plays a vital role within the framework of state authorities in safeguarding personal freedom and ensuring that the criminal justice system operates independently and impartially. To uphold this independence, measures are in place to protect the prosecutor from any form of political, financial, administrative, or other undue influence while carrying out their duties. In pa... Read more
3.9 General Principles - Rule of law
4.13 Institutions - Independent administrative authorities
4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel
3.4 General Principles - Separation of powers
Prosecutor, Impartiality / Prosecutorial council, Prosecutor general, Election, Procedure

MDA-2025-1-004 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 16.04.2025 e) 6 f) Plea of unconstitutionality of Article V.1 of Law no. 429 for the amendment of some normative acts, 28 December 2023
When the national authorities adopted new rules on the distribution of natural gas, they introduced additional measures in a sector of vital importance for the security of the State. These measures struck a reasonable balance between the overriding interests of the Community and the protection of the private property rights of the natural gas distribution licensee.
3.9 General Principles - Rule of law
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
3.17 General Principles - Weighing of interests
Licence, Granting, Function of the State / Asset and income

Montenegro

MNE-2025-1-001 a) Montenegro b) Constitutional Court c) d) 21.02.2025 e) U-III no. 627/21 f)
A situation where a juvenile was subjected to abuse and inhumane treatment by police officers, and where the state prosecution office failed to conduct an investigation into the case with urgency resulted in a breach of his right to physical and psychological integrity and a breach of the prohibition on torture and degrading treatment.
1.6.7 Constitutional Justice - Effects - Influence on State organs
2.1.1.4.15 Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989
4.11.2 Institutions - Armed forces, police forces and secret services - Police forces
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel
5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time
Abuse of official authority / Criminal investigation, Lack / Criminal procedure, Juvenile / Torture, Investigation, Obligation, Urgency

Netherlands

NED-2025-1-001 a) Netherlands b) Supreme Court c) Tax Chamber d) 07.02.2025 e) 23/00141, ECLI:NL:HR:2025:184 f)
A 'healthy' gay couple, whose partners do not have reduced fertility, cannot deduct the expenses incurred for IVF treatment as specific healthcare costs for income tax. This does not constitute a violation of the prohibition on discrimination.
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation
Discrimination, Sexual orientation / Sexual minorities and transgender persons, Rights and freedoms, Protection and promotion / Sexual rights, Free development / Discrimination, Gender

North Macedonia

MKD-2025-1-001 a) North Macedonia b) Constitutional Court c) d) 30.04.2025 e) U.no.198/2024 f)
The decision by which the Government granted approval for the establishment of a Private Secondary School is a general act eligible for constitutional review because its legal consequences have a general legal effect on an indefinite number of citizens (erga omnes). Under Amendment VII of the Constitution, religious communities may only establish religious schools in which religious educat... Read more
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature
3.9 General Principles - Rule of law
5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
1.6.3 Constitutional Justice - Effects - Effect erga omnes
3.4 General Principles - Separation of powers
School, Private, Religion, Curriculum / Religion, Education, Neutrality of the state / Education, Private school, Religion

MKD-2025-1-002 a) North Macedonia b) Constitutional Court c) d) 05.02.2025 e) Joint cases: U.no.179/2023, U.no.183/2023, U.no.187/2023, U.no.190/2023, U.no.197/2023 f)
The Law on Solidarity Tax is unconstitutional because it creates inequality between legal entities (protected by Article 55.2 of the Constitution), interferes into tax relations that have already been settled by previously valid legal norms contrary to the constitutional prohibition of the retroactive effect of the laws (enshrined in Article 52.4 of the Constitution) and violates the principles of... Read more
3.9 General Principles - Rule of law
5.3.38.4 Fundamental Rights - Civil and political rights - retrospective effect of law - Taxation law
5.3.39 Fundamental Rights - Civil and political rights - Right to property
3.10 General Principles - Certainty of the law
3.25 General Principles - Market economy
4.10.7.1 Institutions - Public finances - Taxation - Principles
5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation
5.2.1 Fundamental Rights - Equality - Scope of application
Tax, Property, Tax wealth / Legal entity, Legitimate expectations / Entrepreneur, Market, Equal position / Tax, On wealth, Exceptional / Solidarity Tax

Serbia

SRB-2025-1-001 a) Serbia b) Constitutional Court c) d) 26.09.2024 e) IUo-42/2022 f)
A hearing via videoconference is not in itself incompatible with the exercise of the right to a fair trial as enshrined in Article 32 of the Constitution. Article 32 of the Constitution does not guarantee that the presence of the defendant in criminal proceedings must be physical and immediate. The Degree does not regulate a derogation from the right to a fair trial, public hearings, nor a derog... Read more
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
4.18 Institutions - State of emergency and emergency powers
5.1.4 Fundamental Rights - General questions - Limits and restrictions
3.19 General Principles - Margin of appreciation
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
3.18 General Principles - General interest
Criminal proceedings, Main hearing, Presence of the defendant / COVID-19, State of emergency, Decree / Criminal hearing, Defendant, Presence, Video conference / Participation through technical means, Transmission of sound and image

SRB-2025-1-002 a) Serbia b) Constitutional Court c) d) 20.03.2025 e) Už-5704/2024 f)
The positive obligation of the state concerning the exercise of parental rights requires the state to take all measures to reunite parents with their children.
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Child, Custody order, Enforcement

South Africa

RSA-2025-1-001 a) South Africa b) Constitutional Court c) d) 09.04.2025 e) CCT 334/23 f) South African Municipal Workers’ Union v. Minister of Cooperative Governance and Traditional Affairs and Another
Municipal employees who are not municipal managers or managers directly accountable to them may hold political office in a political party.
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
Employee, Municipal / Right to hold office / Election, Ineligibility / Election, Standing, Ineligibility / Electoral rights, Eligibility / Election, Candidate, Eligibility

RSA-2025-1-002 a) South Africa b) Constitutional Court c) d) 30.04.2025 e) CCT 322/23 f) Minister of Justice and Correctional Services and Others v. Ntuli
Constitutionality of the Department of Correctional Services policy prohibiting inmates from possessing and using personal computers in their cells for educational purposes.
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
Education / Inmates, Right / Right of prisoners, Imprisonment, Conditions / Education, Right

Switzerland

SUI-2025-1-001 a) Switzerland b) Federal Court c) Second Criminal Court d) 03.01.2024 e) 7B_471/2023 f) A. v. Central Public Prosecutor's Office of the Canton of Vaud
Articles 10.2, 13 and 36 of the Federal Constitution, Article 8 of the ECHR, examination of the conformity of the criteria set out in Article 82.5 of the Vaud Regulation of 16 August 2017 on the status of convicted persons serving a custodial sentence or measure (hereinafter, "RSPC") with regard to intimate visits with conventional, constitutional and federal law. From the perspective of Article ... Read more
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
2.2.1.5 Sources - Hierarchy - national sources - constitutional domestic legal instruments
Prisoner, Right / Prisoner, Visit / Intimate relationships

SUI-2025-1-002 a) Switzerland b) Federal Court c) First Public Law Court d) 04.07.2024 e) 1C_266/2023 f) A. v. Council of State of the Republic and Canton of Geneva
Article 34.1 of the Federal Constitution, publication of several articles in an online media outlet targeting a candidate in the Geneva State Council election in the campaign preceding the second round of voting; decisive date for filing an appeal; conditions for annulling an election due to unlawful interventions by private individuals. Interventions by private individuals in the campaign preced... Read more
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press
5.3.41.3 Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting
Election, Irregularity / Election, Irregularity, Likely to affect the fairness of the vote / Election, Irregularity, Effect on voting results / Election, Irregularity, Threshold for consideration / Election campaign, Media coverage / Voting, Cancellation

Ukraine

UKR-2025-1-001 a) Ukraine b) Constitutional Court c) Second Senate d) 15.01.2025 e) 1-r(II)/2025 f) Protection of customs interests of Ukraine
Article 380.5.1 of the Customs Code which provides restrictions in the form of a ban on the transfer to other persons of the right to use temporarily imported private vehicles in the customs territory of Ukraine does not violate the right to property, since, although it imposes certain restrictions on its exercise in terms of use, it does not provide for the application of unlawful deprivation of ... Read more
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
2.1.1.4 Sources - Categories - Written rules - International instruments
3.16 General Principles - Proportionality
5.1.4 Fundamental Rights - General questions - Limits and restrictions
3.19 General Principles - Margin of appreciation
Customs / Convention on Temporary Admission / Vehicle, Transfer of right of use, Temporary / Vehicle, Temporary import, Restriction

UKR-2025-1-002 a) Ukraine b) Constitutional Court c) Second Chamber d) 20.01.2025 e) 2-r(II)/2025 f) Access to the court of cassation in civil proceedings
The payment of court fees as one of the conditions for access to a court does not contradict the essence of the right to judicial protection guaranteed by Article 55.1 of the Constitution. While the legislator may establish an obligation to pay a court fee, the legislation must be clear and understandable in content, have a legitimate purpose and meet the requirement of proportionality. Article 9... Read more
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
3.16 General Principles - Proportionality
3.18 General Principles - General interest
4.7.4.6 Institutions - Judicial bodies - Organisation - Budget
3.10 General Principles - Certainty of the law
1.4.14.1 Constitutional Justice - Procedure - Costs - Waiver of court fees
Court fee, Rate, Proportionality / Access to court, Appeal, Court fee, Financial capacity

UKR-2025-1-003 a) Ukraine b) Constitutional Court c) Second Chamber d) 21.01.2025 e) 3-r(II)/2025 f) Compliance of an individual provision of passage 2 of Article 14.1.212 of the Tax Code in the wording of the Law on “Amendments to the Tax Code and Certain Legislative Acts on Tax Reform” no. 71–VIII, 28 December 2014 with the Constitution (constitutionality)
Article 14.1.212.2 of the Tax Code in the wording of the Law on “Amendments to the Tax Code and Certain Legislative Acts on Tax Reform” no. 71–VIII, 28 December 2014 , namely “goods specified in Article 215.3.4 of this Code”, is unconstitutional because the Verkhovna Rada (Parliament) failed to establish a sufficient transition period related to the entry into force of the amendments. The... Read more
3.10 General Principles - Certainty of the law
3.16 General Principles - Proportionality
4.10.7 Institutions - Public finances - Taxation
3.25 General Principles - Market economy
5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation
Certainty / Tax law, Amendments / Legal Amendments, Transition period, Sufficient time / Business, Tax planning