e-Bulletin on Constitutional Case-Law
2025/2

The electronic Bulletin on Constitutional Case-Law ("e-Bulletin") is produced by the European Commission for Democracy through Law, better known as the Venice Commission 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.

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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”)

March 2026

Argentina

ARG-2025-2-002 a) Argentina b) Supreme Court of Justice of the Nation c) d) 01.07.2025 e) CIV 71831/2006/3/RH2 f) S., B. R. and others v. Rial, Jorge and others s/ damages and losses
The right to privacy is not absolute; not all encroachments upon it are unlawful. Where justified by the public interest, the public life or private interest of celebrities may be disclosed in relation to the activity that has projected them to fame. This does not authorise damaging their public image or honour.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
2.1.1.4.11 Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969
2.1.1.4.2 Sources - Categories - Written rules - International instruments - Universal Declaration of Human Rights of 1948
2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
Media broadcasting, Television, Restrictions / Celebrity, Private life, Sphere / Consent, Broadcast, Intimate scenes

Austria

AUT-2025-2-002 a) Austria b) Constitutional Court c) d) 24.06.2025 e) G 152/2024 f)
A legal provision that requires young people who have violated youth protection regulations (e.g. a smoking ban) to perform social work as a punishment is not contrary to the prohibition of forced or compulsory labour under Article 4 ECHR, provided that the social work is not unfair, oppressive or involves hardship.
5.3.5.2 Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour
Penalty, Social work

Belgium

BEL-2025-2-001 a) Belgium b) Constitutional Court c) d) 20.03.2025 e) 49/2025 f)
When the competent religious or non-denominational moral authority refuses to approve a disciplinary measure proposed by the board of governors of the school group concerned and imposed on a religious education teacher, the board of governors, the internal appeals body and the Council of State must be able to verify that this decision 1. is duly justified, 2. is not arbitrary, and 3. has not be... Read more
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
5.4.1 Fundamental Rights - Economic, social and cultural rights - Freedom to teach
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
Separation of church and state, Principle / Teaching, Religious education, Philosophy teacher, Disciplinary action / Freedom of teaching, Educational project / Religion, Organisation, Autonomy, Limits / Religion, Religious community, Self-determination, Law, Limit / Compliant interpretation

BEL-2025-2-002 a) Belgium b) Constitutional Court c) d) 15.05.2025 e) 75/2025 f)
Education on relationships, emotions and sexuality that is widespread in compulsory education, which does not impose a point of view but equips young people to form their own moral opinions, is not contrary to the principle of neutrality in education and does not undermine respect for the philosophical, ideological or religious beliefs of parents and pupils.
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
3.13 General Principles - Legality
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
5.4.1 Fundamental Rights - Economic, social and cultural rights - Freedom to teach
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
Education, Principle of legality / Teaching, Neutrality / Teaching, Relationship, Emotional and Sexual Education / Education, Respect for philosophical, Ideological or religious beliefs

Bosnia and Herzegovina

BIH-2025-2-002 a) Bosnia and Herzegovina b) Constitutional Court c) Plenary d) 29.05.2025 e) U-6/25 f)
Questions arose over a law which, in an unpredictable fashion, stigmatised non-profit organisations with foreign support as "agents of foreign influence", broadly prohibiting their political and introducing an excessively rigorous reporting and monitoring regime for them with exclusively repressive sanctions. This was in violation of the right to freedom to association under the Constitution and t... Read more
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
3.10 General Principles - Certainty of the law
Organisation, Non-governmental, Funding / Organisation, Non-governmental, Work, Surveillance

Brazil

BRA-2025-2-007 a) Brazil b) Supreme Federal Court c) Full Court d) 24.06.2025 e) Action for the Declaration of Constitutionality 85 (ADC 85) f) Statute of Disarmament and regulation by presidential decree: restriction of access to weapons and ammunition
The regulation of the Disarmament Statute (Law 10,826/2023) by Decrees 11,366/2023 and 11,615/2023 is in accordance with the 1988 Federal Constitution, because it respects the legal limits and helps to reorganise the policy of arms control in the country.
1.2.1.3 Constitutional Justice - Types of claim - Claim by a public body - Executive bodies
1.3.5.6 Constitutional Justice - Jurisdiction - The subject of review - Decrees of the Head of State
1.6.3 Constitutional Justice - Effects - Effect erga omnes
5.3.12 Fundamental Rights - Civil and political rights - Security of the person
5.5.3 Fundamental Rights - Collective rights - Right to peace
Firearm, Right to keep and bear / Firearm, Use, Conditions / Limitation of rights, Weapon, Acquisition, Permit / National security, Control / Security, Public, Danger / Weapon, Licence to carry, Granting / Arm, Firearm, Use, Control, Legislation / Public safety, Firearm, Protection measures, Admissibility

BRA-2025-2-008 a) Brazil b) Supreme Federal Court c) Full Court d) 26.06.2025 e) Extraordinary Appeal 1,037,396 (RE 1,037,396). Extraordinary Appeal 1,057,258 (RE 1,057,258) f) Liability of digital platforms for third-party content
Questions had arisen over the civil liability of internet service providers, websites and managers of social media applications for damage caused by their maintenance of offensive third-party content.
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation
Bias arising from publications in the press / Defamation, Internet / Digital information / Internet, Host, Civil and criminal liability, Unlawful comments / Media, Editor, Criminal responsibility, Effect / Social media, Statements, Offensive / Social media, Video, Defamation / Terrorist attack, Social media posts, Photos, Videos

BRA-2025-2-009 a) Brazil b) Supreme Federal Court c) Full Court d) 27.08.2025 e) Direct Action of Unconstitutionality 4,245 (ADI 4,245) and Direct Action of Unconstitutionality 7,686 (ADI 7,686) f) Possibility of refusing to repatriate children in cases of suspected domestic violence
With regard to the civil aspects of international child abduction, the Hague Convention must be interpreted in a manner consistent with the constitutional principle of protecting children and adolescents and, from a gender perspective, protecting women. Thus, the return of children illegally removed from their countries of origin may be denied in cases where there is evidence of domestic violence,... Read more
2.1.1.4 Sources - Categories - Written rules - International instruments
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Child, Abduction, International / Child, International abduction, Aspects, Civil / Child, Protection / Child, Repatriation / Domestic abuse / Domestic violence / Repatriation, Request, Refusal / Treaty, Constitutionality, Control, After ratification / Hague Convention on the Civil Aspects of the International Abduction of Children

BRA-2025-2-010 a) Brazil b) Supreme Federal Court c) Full Court d) 27.08.2025 e) Extraordinary Appeal 1,530,083 (RE 1,530,083). General Repercussion (Topic 1388) f) It is unconstitutional to prohibit married persons, persons in stable relationships, or persons with dependents from entering the military
The Military Statute's rule prohibiting persons that are married, in stable relationships, or have children or dependants from enrolling in training or degree programmes on a residential basis is unconstitutional.
3.20 General Principles - Reasonableness
3.21 General Principles - Equality
4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.2.2 Fundamental Rights - Equality - Criteria of distinction
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.34 Fundamental Rights - Civil and political rights - Right to marriage
3.22 General Principles - Prohibition of arbitrariness
Discrimination, Children, Marital status / Equality, Marriage, Family life / Military career, Special requirement / Military duty, Equity, Fairness / Marriage, Family, Legislative protection

Bulgaria

BUL-2025-2-001 a) Bulgaria b) Constitutional Court c) d) 05.06.2025 e) 6 f) Decision no. 6 from 2025 on c.c. no. 28/2024
Parties to the administrative proceedings in social security disputes are persons who have already incurred a social security risk, placing them in an unfavourable position, which may discourage them from seeking professional legal assistance in order to fully protect their rights. A legal restriction of their right to compensation for expenses for legal representation in the administrative court ... Read more
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
4.6.10.1 Institutions - Executive bodies - Liability - Legal liability
Right to defense / Civil servant, Negligence, Damage caused, Personal liability / Attorney / Court expenses, Legal services, Reimbursement

Canada

CAN-2025-2-003 a) Canada b) Supreme Court c) d) 30.05.2025 e) 40786, 40791 f) Opsis Airport Services Inc. v. Quebec (Attorney General)
Some aspects of the licensing scheme established by the Private Security Act (hereinafter, “PSA”), a statute enacted by the Quebec legislature, have the effect of giving the Bureau de la sécurité privée, the administrative body created by the provincial legislature, the final say on the manner of conducting the security activities of enterprises that provide airport and shipping terminal security ... Read more
4.8.8.2.1 Institutions - government - Distribution of powers - Implementation - Distribution ratione materiae
Security, Airports and shipping, Jurisdiction / Interjurisdictional immunity, Security, Airports and shipping

CAN-2025-2-004 a) Canada b) Supreme Court c) d) 24.07.2025 e) 41017 f) R. v. Kloubakov
The Criminal Code offences that prohibit receiving a material benefit from sexual services (Section 286.2), and procuring a person to offer or provide sexual services for consideration (Section 286.3) do not prohibit sex workers from taking safety measures to protect themselves. As a result, these offences do not engage sex workers’ security of the person and do not infringe Section 7 of the Canad... Read more
5.3.12 Fundamental Rights - Civil and political rights - Security of the person
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity
2.3.10 Sources - Techniques of review - Contextual interpretation
Prostitution, Sex workers, Safety measures / Sex workers, Safety measures

Costa Rica

CRC-2025-2-002 a) Costa Rica b) Constitutional Chamber of the Supreme Court c) d) 23.07.2025 e) 2025-023105 f)
The right not to be compelled to abandon the national territory, granted in Article 32 of the Constitution, is not absolute. The recent constitutional reform of 20 May 2025 authorises the extradition of nationals in cases of drug trafficking and terrorism. Likewise, previously interpreted for crimes covered by the International Criminal Court (hereinafter, the "ICC"), for grave crimes and other in... Read more
1.3.3 Constitutional Justice - Jurisdiction - Advisory powers
2.2.1.1 Sources - Hierarchy - national sources - Treaties and constitutions
2.2.1.2 Sources - Hierarchy - national sources - Treaties and legislative acts
2.3.9 Sources - Techniques of review - Teleological interpretation
5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest
5.3.38.1 Fundamental Rights - Civil and political rights - retrospective effect of law - Criminal law
International criminal cooperation / Constitutional amendment effects / Pervasive extradition procedures of nationals / International drug trafficking and terrorism

Croatia

CRO-2025-2-001 a) Croatia b) Constitutional Court c) d) 03.11.2025 e) U-I-383/2018 et al f)
Articles 70, 84.8 and 85.a of the Local and Regional Self-Government Act which prescribe that, in the event of failure to adopt a budget for a local and regional self-government unit, the Government shall dismiss the executive bodies of that unit and/or dissolve its representative body, are constitutional. The substance of the constitutional guarantee of the right to local and regional self-gover... Read more
3.4 General Principles - Separation of powers
4.8.4.1 Institutions - government - Basic principles - Autonomy
4.8.7.3 Institutions - government - Budgetary and financial aspects - Budget
4.8.8.3 Institutions - government - Distribution of powers - Supervision
4.8.2 Institutions - government - Regions and provinces
4.8.3 Institutions - government - Municipalities
4.8.8 Institutions - government - Distribution of powers
Budget, Local and regional self-government, Non-adoption, Consequences / Parliament, Local, Dissolution, Conditions / Subnational entities, Budget, Adoption, Control

CRO-2025-2-002 a) Croatia b) Constitutional Court c) d) 11.03.2025 e) U-III-4622/2024 f)
If the mandate of the elected Member of Parliament comes to an end because of their voluntary resignation, the effect is irrevocable and final and the person cannot reassume the position of Member of Parliament in the same parliamentary term. They do not qualify as an unelected candidate on the electoral list within the meaning of Article 42.3 of the Act on the Election of Representatives to the C... Read more
4.5.3.4.2 Institutions - Legislative bodies - Composition - Term of office of members - Duration
4.5.3.4.3 Institutions - Legislative bodies - Composition - Term of office of members - End
4.17.1.1 Institutions - European Union - Institutional structure - European Parliament
4.5.3.2 Institutions - Legislative bodies - Composition - Appointment of members
4.5.3.4 Institutions - Legislative bodies - Composition - Term of office of members
5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity
4.5.10 Institutions - Legislative bodies - Political parties
Member of Parliament, Mandate, Suspension, Difference in treatment / Member of Parliament, Substitution / Parliament, Member, Incompatibility / Parliament, Member, Resignation / Member of European Parliament, Member of Parliament, Mandate, Simultaneous

CRO-2025-2-003 a) Croatia b) Constitutional Court c) d) 15.04.2025 e) U-I-1057/2025 f)
The legislative model that allows for the calling of by-elections at the local or regional level in the event of a failure to achieve adequate representation of national minorities in regular elections for members of local or regional representative bodies, set out in Articles 107.3 and 108.1 of the Local Elections Act, is not disproportionate. It balances the positive obligations of the state con... Read more
4.9.6 Institutions - Elections and instruments of direct democracy - Representation of minorities
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities
4.9.3.1 Institutions - Elections and instruments of direct democracy - Electoral system - Method of voting
Election, Municipal / Election, Regional / Minority, Representation, Local and regional representative bodies / By-elections, National minorities, Representation

CRO-2025-2-004 a) Croatia b) Constitutional Court c) d) 11.03.2025 e) U-III-5640/2023 f)
The applicant’s constitutional right to healthcare, in procedural aspects, and the constitutional guarantee of judicial review of the legality of individual acts of administrative authorities and bodies vested with public authorities were violated due to the failure of administrative courts to request the Court of Justice to give a preliminary ruling on the issue whether it was admissible to inter... Read more
2.2.1.6.4 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - constitutional instruments
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
3.9 General Principles - Rule of law
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
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Healthcare, Access / Health care, Right resulting from mandatory health insurance / Health treatment, Cross-border, Reimbursement / Preliminary question, Obligation to request a preliminary ruling

CRO-2025-2-005 a) Croatia b) Constitutional Court c) d) 08.07.2025 e) U-II-804/2025 f)
The Constitutional Court is not competent to proceed in any case outside the competences prescribed in Article 125 of the Constitution, unless the framers of the Constitution conclude otherwise, and extend those competences in accordance with the procedure provided for amending the Constitution. The list of competences of the Constitutional Court is exhaustive and may not be expanded by interpreta... Read more
1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies
1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review
1.3.5 Constitutional Justice - Jurisdiction - The subject of review
1.1.1.1.3 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Other legislation
1.1.2.4 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members
1.3.5.4 Constitutional Justice - Jurisdiction - The subject of review - constitutional legislation
Constitutional court, Jurisdiction, Limits / Constitutional court, Individual act, Reviewability / Constitutional court, Non-existent act, Review of constitutionality, Inadmissible / Constitutional court, Judge, Non-election / Principle, Nemo iudex in causa sua

Czech Republic

CZE-2025-2-003 a) Czech Republic b) Constitutional Court c) Third Panel d) 02.07.2025 e) III. ÚS 1254/24 f) Active Euthanasia
The question of the possibility to freely decide to end one's own life, even with the assistance of a third party, falls within the scope of the right to respect for physical and mental integrity under Article 7.1 of the Charter of Fundamental Rights and Freedoms and the right to privacy under Article 8 ECHR. A legitimate aim of restricting the right to privacy in relation to decisions about endi... Read more
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.2 Fundamental Rights - Civil and political rights - Right to life
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
Euthanasia, Active / Ethics, Medical / Duty to protect, Positive obligation / Illness, Terminal phase / Assisted suicide

European Union, Court of Justice

ECJ-2025-2-001 a) European Union, Court of Justice b) Court of Justice of the European Union c) d) 14.05.2025 e) T-36/23 f) Stevi andThe New York Times v. Commission
Institutional law Access to documents: the Commission's decision refusing a New York Times journalist access to text messages exchanged between President von der Leyen and the CEO of Pfizer is annulled.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.25.1 Fundamental Rights - Civil and political rights - Right to administrative transparency - Right of access to administrative documents
5.3.36 Fundamental Rights - Civil and political rights - Inviolability of communications
Access to documents, Right, Exception / Purchase of Covid-19 vaccines; Documents relating to text messages exchanged between the Commission President and the CEO of Pfizer since 1 January 2021 / Principle of good administration

ECJ-2025-2-002 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 03.06.2025 e) C-460/23 f) Kinsa
A third-country national who enters the European Union illegally cannot be punished for aiding illegal entry solely on the grounds that he or she is accompanied by his or her minor child. Such a parent is simply exercising his or her responsibility towards the child.
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
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
National, Third country / Family reunification, Law / Immigration policy, Irregular entry / Asylum, Application, Examination / Asylum, Applicant, Protection, International / Foreign nationals, Children, Residence / Person causing minors who are third-country nationals in their effective custody to enter the territory of a Member State irregularly, Best interests of the child

ECJ-2025-2-003 a) European Union, Court of Justice b) Court of Justice of the European Union c) d) 03.07.2025 e) C-646/23, C-661/23 f) Lita andJeszek
New reminder of the principles relating to the independence of the courts in the specific context of military judges. Impact – Clarification of the principle of the primacy of Union law with regard to Article 19 TEU and Article 47 of the Charter of Fundamental Rights.
3.9 General Principles - Rule of law
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
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
Rule of law, Independence of the judiciary, Effective judicial protection / Principle of irremovability of judges, Military judge deemed unfit for professional military service, Early retirement

ECJ-2025-2-004 a) European Union, Court of Justice b) Court of Justice of the European Union c) d) 01.08.2025 e) C-544/23 f) BAJI Trans
The principle of retroactive application of more favourable criminal law extends to a sanction classified as administrative under national law when it is criminal in nature within the meaning of EU law. That principle must also be applied at the level of an appeal in cassation where that appeal forms part of the normal course of proceedings, regardless of whether the decision against which that ... Read more
3.13 General Principles - Legality
3.14 General Principles - Nullum crimen, nulla poena sine lege
5.3.16 Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law
5.3.38.1 Fundamental Rights - Civil and political rights - retrospective effect of law - Criminal law
Sentence, Lighter, Retroactive application, General principle of EU law / Obligation to periodically inspect tachographs, Exemption / Administrative penalty, Judicial review

ECJ-2025-2-005 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 01.08.2025 e) C-600/23 f) Royal Football Club Seraing
Football: the Court upholds the right, particularly for clubs and players, to obtain effective judicial review of arbitral awards rendered by the Court of Arbitration for Sport.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
Member states, Obligations, Effective judicial protection / FIFA Regulations, Court of Arbitration for Sport, Arbitration award, Compliance with EU law reviewed by a court of a third country / Res judicata / EU law, Interpretation / Preliminary ruling, Condition

France

FRA-2025-2-005 a) France b) Constitutional Council c) d) 07.05.2025 e) 2025-881 DC f) Bill to tighten conditions for obtaining French nationality in Mayotte
The principle of the indivisibility of the Republic precludes provisions setting the conditions for acquiring nationality from varying across the territory, subject only to the specific provisions laid down in the Constitution, in particular those applicable to certain local authorities. The requirement for a biometric passport cannot, without violating the Constitution, be applied to nationals o... Read more
3.8.1 General Principles - Territorial principles - Indivisibility of the territory
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
Biometric passport, Requirement / Nationality, Acquisition

FRA-2025-2-006 a) France b) Constitutional Council c) d) 12.06.2025 e) 2025-885 DC f) Law aimed at freeing France from the trap of drug trafficking
The Constitutional Council has declared 32 articles of the law aimed at freeing France from the trap of drug trafficking to be constitutional, including provisions allowing for: - the administrative closure of premises linked to drug trafficking offences; - the removal and blocking of online content offering drugs for sale; - the exceptional extension of police custody for persons who have ingeste... Read more
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees
5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.36 Fundamental Rights - Civil and political rights - Inviolability of communications
5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation
Drugs, Trafficking / Drugs, Trafficking, Fight / Trunk file

FRA-2025-2-007 a) France b) Constitutional Council c) d) 19.06.2025 e) 2025-886 DC f) Act to strengthen the authority of the justice system with regard to young offenders and their parents
The Constitutional Council censures several provisions of the law aimed at strengthening the authority of the judiciary with regard to juvenile offenders and their parents in the name of the fundamental principle recognised by the laws of the Republic in matters of juvenile justice.
5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age
5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Minor, Criminal liability, Mitigation / Educational probation / Single hearing

FRA-2025-2-008 a) France b) Constitutional Council c) d) 07.08.2025 e) 2025-895 DC f) Act to facilitate the continued detention of persons convicted of particularly serious offences and presenting a high risk of reoffending
Following a referral of the law aimed at facilitating the continued detention of persons convicted of particularly serious offences and presenting a high risk of reoffending, the Constitutional Council censured provisions that allowed the detention of certain foreigners who had already served their sentences or who had not been convicted of serious offences to be extended to 180 or even 210 days, ... Read more
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
3.16 General Principles - Proportionality
5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - penal measures
Foreign national, Detention, Fingerprint / Foreign national, Detention, Photography

FRA-2025-2-009 a) France b) Constitutional Council c) d) 07.08.2025 e) 2025-891 DC f) Act to remove constraints on the practice of farming
After reviewing the law aimed at removing restrictions on the practice of farming, the Constitutional Council ruled that its adoption procedure was not irregular. Then, after reviewing its provisions in light of the requirements of the Environmental Charter, it censured the provisions authorising exemptions from the ban on the use of plant protection products containing neonicotinoids, made two re... Read more
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Neonicotinoids / Future generations, Environment, Damage

Germany

GER-2025-2-014 a) Germany b) Federal Constitutional Court c) Second Chamber of the First Panel d) 09.04.2025 e) 1 BvR 1618/24 f) Cross-border custody dispute
1a. The fundamental right of parental care (first sentence of Article 6.2 of the Basic Law) guarantees parents the right to care for and raise their children; in this respect, they must in principle be free from state influence or interference. Court decisions on parental disputes that impact the child’s future must be in line with the child’s best interests. 1b. Ordinary court decisions that, in... 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
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
1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions
Child, Best interests / Child, Parental rights / Hague Convention, Child abduction / Judgment, Foreign, Execution / Child, Custody, Removal from jurisdiction, Wrongful

GER-2025-2-015 a) Germany b) Federal Constitutional Court c) Third Chamber of the Second Panel d) 05.06.2025 e) 2 BvR 373/25 f) Judicial Perversion of justice
The Federal Constitutional Court may under normal circumstances not review the application of ordinary law by the ordinary courts. It may exceptionally do so only where the applicant contends a violation of the principle of equality in its manifestation as prohibition of arbitrariness.
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
3.22 General Principles - Prohibition of arbitrariness
Arbitrariness, Prohibition / Constitutional complaint, Limits of review / Constitutional court, Standard of review, Limited review, Ordinary court decision / Constitutional review

GER-2025-2-016 a) Germany b) Federal Constitutional Court c) First Panel d) 24.06.2025 e) 1 BvR 2466/19 f) Trojan I
1. Article 10.1 of the Basic Law protects against the specific risks associated with remote communication and thus safeguards privacy at a distance. These risks not only manifest during telecommunication between two or more people. Due to its openness to adapt to new developments, the fundamental right also protects against new risks caused by the increasing importance of information technology fo... 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
5.3.36.2 Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications
5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications
Accessing IT-systems / Surveillance, Telecommunications, Real time / Source telecommunications surveillance / Terrorism, Offence / Information technology systems, Confidentiality and integrity, Fundamental right / Data collection, Secret / Fundamental right protecting IT-systems / Police powers / General right of personality

GER-2025-2-017 a) Germany b) Federal Constitutional Court c) First Panel d) 24.06.2025 e) 1 BvR 180/23 f) Trojan II
1. An authorisation which permits the surveillance and recording of telecommunications in real time through technical intrusion into IT-systems used by the person targeted by the measure (source telecommunications surveillance, cf. the second sentence of § 100a.1 of the Code of Criminal Procedure) causes a severe interference with both the fundamental right protecting IT-systems (Article 2.1 in co... 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
5.3.36.2 Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications
5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications
Source telecommunications surveillance / Remote search, Information technology systems / Extended source telecommunications surveillance / Information technology systems, Confidentiality and integrity, Fundamental right / Fundamental right protecting IT-systems / Data collection, Secret / Criminal investigation, Undercover investigation, Computer systems / Right to informational self-determination / Accessing IT-systems / Surveillance, Telecommunications, Real time

GER-2025-2-018 a) Germany b) Federal Constitutional Court c) First Panel d) 25.06.2025 e) 1 BvR 368/22 f) Berlin Higher Education Act
1. The protections of academic freedom under the first sentence of Article 5.3 of the Basic Law also extend to personnel decisions made by universities relating to research associates and the universities’ mandate to promote the development of new academics. 2. The legislative competence for ‘labour law’ under Article 74.1 no. 12 of the Basic Law provides for a wide-ranging power to enact legisla... Read more
4.8.8 Institutions - government - Distribution of powers
5.4.21 Fundamental Rights - Economic, social and cultural rights - Scientific freedom
Academic freedom / Employment contracts, Universities / Concurrent legislative competence / Labour law

GER-2025-2-019 a) Germany b) Federal Constitutional Court c) First Chamber of the First Panel d) 30.06.2025 e) 1 BvR 2136/24 f) Administrative Rehabilitation
1. Article 19.4 of the Basic Law precludes impeding access to a court that is provided for in procedural law in a way that is unreasonable and cannot be justified by pertinent reasons. This applies to the courts’ handling of both the requirements for the demonstration of the admissibility requirements provided for by law, and the extent to which these admissibility requirements must be fulfilled (... Read more
3.22 General Principles - Prohibition of arbitrariness
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction
Administrative Rehabilitation / Leave to appeal, Refusal / German Democratic Republic (GDR), Former / Former GDR, State security service, Collaboration / Former GDR, Escape from / Right to effective legal protection

GER-2025-2-020 a) Germany b) Federal Constitutional Court c) Second Panel d) 15.07.2025 e) 2 BvR 508/21 f) Ramstein - Deployment of Drones
1. The Federal Republic of Germany has a general mandate of protection which encompasses safeguarding fundamental human rights and the core principles of international humanitarian law, including in cases which also involve foreign countries. 2. Under certain conditions depending on the individual case, this general mandate may give rise to a specific duty of protection. a. Such a duty of protec... Read more
2.1.1.4.3 Sources - Categories - Written rules - International instruments - Geneva Conventions of 1949
2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966
2.1.2.2 Sources - Categories - Unwritten rules - General principles of law
2.1.3.2.3 Sources - Categories - law - law - Other international bodies
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.1.3 Fundamental Rights - General questions - Positive obligation of the 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
Basic Law, Openness to international law / Public international law violation / Public international law, Laws on human rights / Public international law, Ensure respect / Public international law and foreign relations / State, Recognition, International law / International law, Observance / NATO, Status of Forces Agreement / International law of war / International law, Constitutional law, Relationship / Life, Risk, Duty to protect / General rules of international law / Customary international law / Extraterritoriality, Duty of protection, Extraterritorial / Drone

GER-2025-2-021 a) Germany b) Federal Constitutional Court c) First Panel d) 23.07.2025 e) 1 BvR 2578/24 f) Rundfunk Berlin-Brandenburg
1. In giving shape to public broadcasting, the legislator must meet the requirements for ensuring the proper functioning of public broadcasters, their editorial autonomy and a necessary distance from the state, with the latter requirement following from the need to ensure diversity. 2. The Constitution does not prescribe a specific executive model that the legislator must put in place at public b... Read more
3.19 General Principles - Margin of appreciation
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
Broadcast, Freedom / Public broadcasting corporations, Institutional composition / Public broadcasting / Content, Diversity

GER-2025-2-022 a) Germany b) Federal Constitutional Court c) Second Chamber of the Second Panel d) 05.08.2025 e) 2 BvR 885/25 f) Child’s application for preliminary injunction requiring permission to enter the country
1. In assessing whether the requirements for a preliminary injunction are met, a strict standard must be applied. The reasons given by the complainant for the unconstitutionality of the challenged acts of public authority are generally not considered unless the constitutional complaint proves to be inadmissible or manifestly unfounded from the outset. 2. If the outcome of the constitutional compl... Read more
3.17 General Principles - Weighing of interests
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
Interim legal protection / Family reunification

GER-2025-2-023 a) Germany b) Federal Constitutional Court c) Second Chamber of the Second Panel d) 13.08.2025 e) 2 BvR 957/25 f) Legal protection regarding the scrutiny of elections
1. There is a public interest in the swift and binding determination of the proper composition of Parliament. The Bundestag must decide on objections concerning the validity of elections within an appropriate time period. 2. As the more specific legal remedy, electoral complaints pursuant to Article 41.2 of the Basic Law have precedence over constitutional complaints. To the extent that a ... Read more
1.3.4.5 Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes
3.3.1 General Principles - Democracy - Representative democracy
4.9.14 Institutions - Elections and instruments of direct democracy - judicial complaints and appeals
4.9.13 Institutions - Elections and instruments of direct democracy - Judicial control
Constitutional complaint, Admissibility / Election, Scrutiny / Delay, Undue

Hungary

HUN-2025-2-001 a) Hungary b) Constitutional Court c) Plenary Session d) 15.05.2025 e) 3142/2025. (V. 15.) AB f) Constitutional complaint against Government Decree 245/2024 (VIII. 8.) on the range of prohibited and restricted items in educational institutions and the detailed rules of procedure relating to such items and Section 24.4 of Act CXC of 2011 (VIII. 8.) on national public education
The legal regulation prohibiting students from bringing devices such as mobile telephones onto the premises of educational institutions and restricting the use of devices capable of telecommunication and of image or sound recording during teaching hours is compatible with the Constitution.
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
Mobile telephones, School, Use / Educational institution

HUN-2025-2-002 a) Hungary b) Constitutional Court c) Plenary Session d) 30.05.2025 e) 3169/2025. (V. 30.) AB f) Constitutional complaint against the decision of the Szeged Regional Court No. 5.Bv.908/2023/3
Restricting a prisoner's freedom of expression in the interests of maintaining order in the prison system is necessary and proportionate if, in view of the questions posed by the journalist, the interview could be likely to promote a criminal lifestyle.
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
Freedom of expression, Restriction / Prison system, Order, Maintenance

HUN-2025-2-003 a) Hungary b) Constitutional Court c) Plenary Session d) 30.06.2025 e) 5/2025. (VI. 30.) AB f) Petition for posterior norm control of Act XLIV of 2020 on climate protection
The provision of the Climate Act stipulating that Hungary shall reduce greenhouse gas emissions by at least 40% by 2030 compared to 1990 levels violates the principles of intergenerational justice, precaution and prevention. The legislature failed to comprehensively and explicitly regulate the means of reducing greenhouse gases, taking into account the specific characteristics of Hungary and the... Read more
1 Constitutional Justice
3.9 General Principles - Rule of law
5.5.1 Fundamental Rights - Collective rights - Right to the environment
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation
Sustainable development / Environment, Climate protection / Future generations, Environment, Impact / Environment, Protection of a healthy environment, Right

Ireland

IRL-2025-2-006 a) Ireland b) Supreme Court c) O’Donnell C.J., Dunne, Charleton, O’Malley, Baker, Hogan, Collins JJ. d) 22.06.2023 e) S:AP:IE:2022:000077 f) Emmett Corcoran and Oncor Ventures Ltd t/a The Democrat v. The Commissioner of An Garda Síochána and the Director of Public Prosecutions
An exercise of state power to seize journalistic material must take into account the protection of the law requiring judicial authorities be fully informed when considering applications for search warrants. Failure to disclose that a journalist has asserted journalistic privilege may render a warrant invalid. Judicial oversight must ensure that the principle of press freedom and the right to prote... Read more
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.36 Fundamental Rights - Civil and political rights - Inviolability of communications
Media, Freedom of expression / Media, Journalist, Source, Disclosure, Refusal, Right / Search warrant, Validity

IRL-2025-2-007 a) Ireland b) Supreme Court c) Dunne, Charleton, O’Malley, Baker, Woulfe, Hogan, Murray, Collins JJ d) 28.08.2023 e) S:AP:IE:2022:000082 f) C.W. v. The Minister for Justice, Ireland, The Attorney General and the Director of Public Prosecutions
Where a statutory provision imposes a burden on the accused to prove a defence on the balance of probabilities, such as the belief that a complainant was over a statutory age, this may conflict with the constitutional guarantee of a trial in due course of law. The standard of proof imposed on the accused must not erode the presumption of innocence or render the right to a fair trial illusory. Rev... Read more
1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms
3.9 General Principles - Rule of law
3.11 General Principles - Vested and/or acquired rights
3.12 General Principles - Clarity and precision of legal provisions
3.16 General Principles - Proportionality
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Reverse onus, Reasonable doubt / Fundamental rights, Presumption of innocence / Child, Sexual abuse, Age, Knowledge, Lack / Mens rea

IRL-2025-2-008 a) Ireland b) Supreme Court c) Dunne, Charleton, O’Malley, Baker, Woulfe, Hogan, Murray, Collins JJ. d) 08.12.2023 e) f) In the Matter of Article 26 of the Constitution and in the Matter of the Judicial Appointments Commission Bill 2022
While the Oireachtas (Parliament) is constitutionally obliged to legislate regarding eligibility for judicial appointment, it may also regulate aspects of the appointment process more broadly. Section 51 of the Bill, requiring Government to consider only candidates recommended by the new Judicial Appointments Commission, did not extinguish executive discretion: Government retained the capac... Read more
1.1.1.1.1 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution
1.1.1.1.2 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Institutional Acts
1.1.2.4 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members
1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts
1.2.1.1 Constitutional Justice - Types of claim - Claim by a public body - Head of State
1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review
1.3.4.2 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities
1.3.4.10 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments
1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts
1.4.12 Constitutional Justice - Procedure - Special procedures
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.3.1 Sources - Categories - law - law
3.9 General Principles - Rule of law
3.12 General Principles - Clarity and precision of legal provisions
4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
Judges, Appointment, Power of proposal / Courts, Independence / Separation of powers, Checks and balances / Head of state, Guarantor of the Constitution

IRL-2025-2-009 a) Ireland b) Supreme Court c) O’Donnell C.J., Dunne, O’Malley, Woulfe, Hogan, Murray, Collins JJ d) 22.01.2024 e) S: AP:IE: 2022:000139 f) O’Meara & Others v. The Minister for Social Protection & Others
A surviving cohabiting partner with dependent children is entitled to the Widower’s Contributory Pension (WCP) under Irish law if denial would constitute arbitrary discrimination based on marital status, in violation of the equality guarantee under Article 40.1 of the Constitution and the European Convention on Human Rights. Exclusion from social welfare benefits cannot be based solely on the abse... Read more
3.21 General Principles - Equality
5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension
European Court of Human Rights, Case-law, Guideline for the interpretation of the Basic Law / Equality, Prohibition of discrimination / Equality, Marital status / Widower, Survivor, Pension

IRL-2025-2-010 a) Ireland b) Supreme Court c) O’Donnell C.J., Dunne, Charleton, O’Malley, Hogan, Murray and Edwards JJ d) 18.06.2024 e) S:AP:IE:2022:000118 f) Angela Kerins v. Dáil Éireann & others
Courts may, in limited circumstances, examine the utterances of a parliamentary committee to determine jurisdiction, but such utterances cannot ground a claim for damages to reputation, as this would infringe the constitutional immunities and privileges guaranteed by Article 15. Discovery cannot be ordered to support such a claim.
1.3.5.9 Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules
3.9 General Principles - Rule of law
3.12 General Principles - Clarity and precision of legal provisions
5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Parliamentary privilege / Defamation, Reputation / Discovery of documents / Separation of powers

Italy

ITA-2025-2-006 a) Italy b) Constitutional Court c) d) 13.06.2024 e) 105 f)
Ordinarily, courts can assess the public impact of the continued operation of a seized plant and either impose safeguards or deny authorisation when risks to environment and public health cannot be mitigated. However, once the government has designated a facility as strategic and identified appropriate safeguard measures through an executive order, courts are bound to authorise its further operati... Read more
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.1.5 Fundamental Rights - General questions - Emergency situations
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Seized plants / Environmental and public health risks / Obligations, Time limit

ITA-2025-2-007 a) Italy b) Constitutional Court c) d) 27.06.2024 e) 111 f)
The legislature can select various benchmarks, beyond assets and income, to determine a taxpayer’s ability to pay a specific tax. This flexibility aligns with the principles of solidarity and equality that inform the duty to contribute to public expenditure. During the period concerned, energy operators experienced dramatic increases in business, far exceeding those of other sectors. In this scen... Read more
4.10.7 Institutions - Public finances - Taxation
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens
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
Solidarity contribution / Companies’ taxable income / Energy crisis

ITA-2025-2-008 a) Italy b) Constitutional Court c) d) 19.11.2024 e) 181/2024 f)
If a domestic court finds that a national law is incompatible with directly applicable EU law, it may choose between two options. It can set aside the domestic law, if necessary, after referring the matter to the Court of Justice of the European Union for a preliminary ruling on the interpretation of EU law under Article 267 of the Treaty on the Functioning of the European Union. Alternatively, it... Read more
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
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
5.1.1 Fundamental Rights - General questions - Entitlement to rights
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
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
Public positions (namely: Police inspector) / Preliminary Ruling before the CJEU / Alternative option of raising a question of constitutionality / Prerogative of the domestic courts

ITA-2025-2-009 a) Italy b) Constitutional Court c) d) 19.12.2024 e) 210/2024 f)
Following a constitutional reform in 2001, all Regions acquired legislative powers over all subject matters that the Constitution does not expressly reserve to the State (as provided in Article 117.4 of the Constitution). These residual powers – including the area of trade – apply, a fortiori, to all Regions and Provinces governed by a Special Statute (such as the Autonomous Province of Bol... Read more
2.1.1.1 Sources - Categories - Written rules - National rules
2.2.1.6 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law
4.7.1 Institutions - Judicial bodies - Jurisdiction
4.8.2 Institutions - government - Regions and provinces
4.17.2 Institutions - European Union - Distribution of powers between the EU and member states
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
Automatic renewal of street pitch permits

ITA-2025-2-010 a) Italy b) Constitutional Court c) d) 20.02.2025 e) 21/2025 f)
Coordination of national fiscal measures in the energy sector must be balanced with the principles of solidarity, consumer and business protection and financial stability. As the Court of Justice of the European Union has consistently held, Member States may adopt measures that advance the objectives of Union law further, so long as they are proportionate and non-discriminatory. Italy’s heavy dep... Read more
2.1.1.1 Sources - Categories - Written rules - National rules
2.2.1.6 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens
5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation
Fiscal measures in the energy sector / Surge in energy prices / Revenues from energy operators / Preliminary ruling to the Court of Justice of the European Union

ITA-2025-2-011 a) Italy b) Constitutional Court c) d) 21.03.2025 e) 33/2025 f)
While the legislator generally excluded single individuals from the category of eligible adoptive parents, it nevertheless acknowledged their ability to provide children with a stable and harmonious home, both as foster parents and, in exceptional cases, as adoptive ones. The goal of intercountry adoption is to welcome in Italy abandoned foreign minors residing abroad and provide them with a stab... Read more
2.3.10 Sources - Techniques of review - Contextual interpretation
3.9 General Principles - Rule of law
5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status
Eligible adoptive / Single individuals

Kazakhstan

KAZ-2025-2-001 a) Kazakhstan b) Constitutional Court c) d) 22.05.2023 e) 15 f) Compliance with the Constitution of Article 217.3 of the Criminal Procedure Code, 4 July 2014
Article 217.3 of the Code of Criminal Proceedure does not contradict Article 16.3 of the Constitution, which states that the right to be assisted by a lawyer (defense counsel) shall be enjoyed by a detainee from the moment of detention, by an arrested person from the moment of arrest, and by an accused person from the moment of indictment. A witness, who has the right to defense, is not a detaine... 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 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms
Witness with the right to defense / Procedural status / Interrogation by an investigating judge / Guarantee of protection / Code of Criminal Procedure

KAZ-2025-2-002 a) Kazakhstan b) Constitutional Court c) d) 22.05.2023 e) 16 f) Compliance with the Constitution of Article 102.2 of the Administrative Procedural Code, 29 June 2020
While proclaiming the right of everyone to judicial protection of their rights and freedoms, the Constitution also establishes equal guarantees and equal opportunities for everyone to realise this right. Judicial power is exercised through civil, criminal and other forms of legal proceedings established by law. The legislator, when adopting the Administrative Procedural and Process-Related Code,... 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
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
Preferential conditions for serving a sentence / Administrative procedures / Public-law relations / Enforcement of sentence / Access to justice

KAZ-2025-2-003 a) Kazakhstan b) Constitutional Court c) d) 14.07.2023 e) 23 f) Compliance with the Constitution Article 127.2 of the Code of Criminal Procedure, 4 July 2014
The constitutional division of forms of legal proceedings into civil, criminal and other types of proceedings is implemented in the Civil Procedure Code, 31 October 2015, the Code of Criminal Procedure, 4 July 2014, the Code of Administrative Offences, 5 July 2014, and the Administrative Procedural Code, 29 June 2020. Based on the committed offence, the legislator allows a combination of differen... 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
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
Civil action / Appeal, Right, Criminal proceedings / Law, Suspension, Grave prejudice / Liability

KAZ-2025-2-004 a) Kazakhstan b) Constitutional Court c) d) 20.07.2023 e) 24 f) Compliance with the Constitution Article 80.2 of the Code of Criminal Procedure, 4 July 2014
In accordance with the Constitution, Article 80.2 of the Code of Criminal Procedure (hereinafter, "CPC") is interpreted as follows: "the involvement as a specialist of an employee of an authorised subdivision of a law enforcement or special state body of the Republic of Kazakhstan is admissible if this employee is a person not interested in the case, has special knowledge and special competence ne... Read more
1.1.1.1.3 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Other legislation
1.2.2.1 Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person
1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms
1.4.8.7 Constitutional Justice - Procedure - Preparation of the case for trial - Evidence
1.4.9.4 Constitutional Justice - Procedure - Parties - Persons or entities authorised to intervene in proceedings
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966
5.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals
5.1.1.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle
Criminal proceedings, Main hearing / Litigation in respect of fundamental rights and freedoms / Rules of evidence

KAZ-2025-2-005 a) Kazakhstan b) Constitutional Court c) d) 20.09.2023 e) 28 f) Compliance with the Constitution of Article 4.4.2 of the Constitutional Law on “Elections”, 28 September 1995
International standards allow the establishment of restrictions on the passive suffrage of citizens in the domestic legislation of the country in compliance with the principle of proportionality. The legislator has the right to set higher requirements for the reputation of persons holding public office, so that citizens have no doubts about their professional and moral qualities and, accordingly, ... 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
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
Right to stand for election / Right of access to public service / Public service / Limits and Restrictions

Korea, Republic

KOR-2025-2-001 a) Korea, Republic b) Constitutional Court c) d) 23.03.2023 e) 2021Hun-Ma975 f) Reporting Birth of a Child Born to a Married Woman and a Man Other than Her Husband
Articles 46.2, 57.1 and 57.2 of the Act on the Registration of Family Relationships are unconstitutional as they do not allow for the birth of a child who is born to a married woman and a man other than her husband to be reported by the child’s natural father. These provisions infringe the right to be registered immediately after birth of complainant out-of-wedlock children, who are born to marri... Read more
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
1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures
5.2 Fundamental Rights - Equality
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Reporting birth / Out-of-wedlock children / Right to be registered immediately after birth / Right to equality / Freedom of family life

KOR-2025-2-002 a) Korea, Republic b) Constitutional Court c) d) 25.05.2023 e) 2019Hun-Ma1234 f) Special Means of Transportation for Persons with Disabilities
Table 1-2 of Article 6.3 of the Enforcement Rule of the Act on Promotion of the Mobility Convenience of Transportation Disadvantaged Persons is out of line with the Constitution. The table provides safety criteria for wheelchair restraint systems in special means of transportation based solely on standard wheelchairs. It infringes the right to equality of, inter alia, persons with disabilit... Read more
1.3.5.10 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive
1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation
1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures
5.2 Fundamental Rights - Equality
Person with disabilities / Special means of transportation / Wheelchair / Transportation disadvantaged person

KOR-2025-2-003 a) Korea, Republic b) Constitutional Court c) d) 26.10.2023 e) 2019Hun-Ka30 f) Crime of Human Immunodeficiency Virus Transmission
Certain legal norms prohibit HIV-infected persons from transmitting the virus to others through blood or body fluids and prescribe criminal penalties for violations. These provisions are clear; the terms body fluids and transmission are limited to conduct capable of spreading HIV. Even an infected person with a significantly low chance of transmission due to medical treatment can foresee that enga... Read more
3.12 General Principles - Clarity and precision of legal provisions
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
3.17 General Principles - Weighing of interests
Sexual activity / Human immunodeficiency virus , Transmission, Criminal sanction / Nulla poena sine lege

Kosovo

KOS-2025-2-001 a) Kosovo b) Constitutional Court c) d) 26.06.2025 e) KO124/25 f)
The Constitutive Session of the Assembly, within the meaning of Article 66.1 of the Constitution (Election and Mandate), is a constitutional act that must be successfully completed within thirty days of the date of the official announcement of the election results, through the election of the Speaker and the Deputy speakers.
1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies
3.3.1 General Principles - Democracy - Representative democracy
3.4 General Principles - Separation of powers
4.5.1 Institutions - Legislative bodies - Structure
4.5.2 Institutions - Legislative bodies - Powers
4.5.3.2 Institutions - Legislative bodies - Composition - Appointment of members
Constitutive session, Completion, Deadline / Election of Speaker / Election of deputy speakers / Mandate of deputies / Deputies, Exercise of function

KOS-2025-2-002 a) Kosovo b) Constitutional Court c) d) 19.05.2025 e) KO 152/24 and KO 158/24 f)
Questions had arisen over the law on the Independent Media Commission, with regard to the election and dismissal of its members and whether this safeguarded the institution's independence. These provisions undermined the constitutional principles of legal certainty and foreseeability.
1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies
2.1.3.1 Sources - Categories - law - law
3.10 General Principles - Certainty of the law
3.16 General Principles - Proportionality
4.13 Institutions - Independent administrative authorities
3.12 General Principles - Clarity and precision of legal provisions
Independent Media Commission, Independence / Members of the Independent Media Commission, Appointment and dismissal / Media, Ownership, Transfer

KOS-2025-2-003 a) Kosovo b) Constitutional Court c) d) 18.08.2025 e) KO193/25, KO196/25 f)
The Chairperson of the Constitutive Session must continue the session with the election of the Speaker and Deputy Speaker of the Assembly and call the representative of the largest parliamentary group to propose the candidate, who is to be elected by open ballot. This process can only be carried out up to three times for the same candidate.
1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies
3.3.1 General Principles - Democracy - Representative democracy
3.4 General Principles - Separation of powers
3.9 General Principles - Rule of law
4.1.1 Institutions - Constituent assembly or equivalent body - Procedure
4.5.1 Institutions - Legislative bodies - Structure
4.5.4.2 Institutions - Legislative bodies - Organisation - President/Speaker
Constitution of Assembly, Constitutive session, Deadline / Speaker, Deputy speaker, Election / Parliamentary vote, Secret ballot

Liechtenstein

LIE-2025-2-003 a) Liechtenstein b) Constitutional Court c) d) 01.09.2025 e) 2025/087 f)
Public law legal entities are only entitled to lodge constitutional complaints if they are affected “as private individuals" - not in their sovereign capacity. The law of state liability is based in substance on a sovereign legal relationship, even if the claim for state liability is to be asserted in civil proceedings.
1.2.1.3 Constitutional Justice - Types of claim - Claim by a public body - Executive bodies
1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi
Pecuniary compensation for non-pecuniary damage, Right / Public law entities, Constitutional complaints, Standing

Mexico

MEX-2025-2-007 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 20.02.2025 e) SUP-JDC-1338/2025 and accumulated case f)
While the use of nicknames or acronyms by candidates is protected under the right to freedom of expression, in an electoral contest this right is not absolute; therefore, its exercise depends on the provisions established by the regulations. The use of nicknames that include the office being sought, or phrases intended to gain recognition or promote positioning, may generate inequity in the conte... Read more
4.7 Institutions - Judicial bodies
4.9 Institutions - Elections and instruments of direct democracy
4.9.15 Institutions - Elections and instruments of direct democracy - electoral procedures
4.4.4.3 Institutions - Head of State - Appointment - Direct/indirect election
4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates
4.9.7.3 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Ballot papers
Election, Candidate, Nickname / Ballot paper / Election, Propaganda

MEX-2025-2-008 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 30.07.2025 e) SUP-JIN-339/2025 f)
Compliance with the constitutional principle of gender parity must be ensured in the assignment of Circuit Magistrate and District Judge positions in the 2024–2025 election of the Federal Judiciary. The principle of gender alternation safeguards parity in access to public office; therefore, it may in no way be applied to the detriment of women´s political rights.
4.5.3.1 Institutions - Legislative bodies - Composition - Election of members
1.3.4.5 Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes
1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts
5.3.41 Fundamental Rights - Civil and political rights - Electoral rights
2.1.1.4.12 Sources - Categories - Written rules - International instruments - Convention on the Elimination of all Forms of Discrimination against Women of 1979
Gender, Parity

Moldova, Republic of

MDA-2025-2-005 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 10.06.2025 e) 7 f) Constitutionality review of certain provisions of Law no. 230 on copyright and related rights, 28 July 2022
The private copying exception, enshrined in Article 71.4 of the Copyright and Related Rights Law, permits individuals to reproduce copyrighted material for personal use, without prior consent from the rights holder. However, this exception limits the rights holder’s control over how their work is copied and reduces their ability to profit from it, which puts them at a disadvantage. The right of r... Read more
3.12 General Principles - Clarity and precision of legal provisions
5.4 Fundamental Rights - Economic, social and cultural rights
5.4.12 Fundamental Rights - Economic, social and cultural rights - Right to intellectual property
Copyright, Infringement / Copyright law, Right to equitable remuneration / Intellectual property, Copyright law, Right to equitable remuneration / Copyright, Exemption, List, Equipment, Periodical Review

MDA-2025-2-006 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 24.06.2025 e) 8 f) Plea of unconstitutionality of a text in Article 142.10 of the Insolvency Law, 29 June 2012
The Court noted that the disputed provision applies to the relationship between a creditor and two or more insolvent debtors who are jointly and severally liable. Regarding joint and several liability, the legislature has made it clear that a creditor can demand full payment of the debt from any debtor who owes the same amount as the others. However, the Insolvency Law prohibits amending the joint... Read more
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
5.2.3 Fundamental Rights - Equality - Affirmative action
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Property, Legal person, Equal treatment / Insolvency, Creditor, Vulnerable, Protection / Debtor, Insolvent, Assets, Information

MDA-2025-2-007 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 22.07.2025 e) 9 f) Plea of unconstitutionality of Article 90.2.a of the Labour Code
The compensation cap for unlawful dismissals, as set out in the phrase "in an amount not exceeding 12 average monthly salaries of the employee" in Article 90.2.a of the Labour Code is inconsistent with the protections enshrined in Articles 43 and 54 of the Constitution. While capping compensation for unlawful dismissal helps to avoid disproportionately high payouts, there is a reasonable link bet... Read more
3.16 General Principles - Proportionality
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
3.17 General Principles - Weighing of interests
3.19 General Principles - Margin of appreciation
5.1.4 Fundamental Rights - General questions - Limits and restrictions
Employer, Employee, Relations / Employment, Dismissal, Unfair / Employment, Dismissal, Compensation cap, Excessive payouts / Employment, Unfair dismissal, Compensation for damage, Cap / Employment, Dismissal, Compensation, Statutory cap, Judicial discretion

MDA-2025-2-008 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 24.07.2025 e) 10 f) Constitutionality review of Article I.4 of Law No. 74 of 31 March 2022, Article II of Law No. 247 of 29 July 2022, and Article VII of Law No. 316 of 17 November 2022
The procedural component of Article 74.1 of the Constitution requires Parliament to vote on an organic bill in two separate readings, and the substantive component requires Parliament to debate the content of the organic bill prior to the vote. To meet this requirement, amendments must be substantially connected to the subject matter of the bill as voted on at the first reading. The state has a p... Read more
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
3.18 General Principles - General interest
4.5.6.4 Institutions - Legislative bodies - making procedure - Right of amendment
4.10.2 Institutions - Public finances - Budget
5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime
5.3.12 Fundamental Rights - Civil and political rights - Security of the person
3.4 General Principles - Separation of powers
3.21 General Principles - Equality
Amnesty, Law, Scope / State, Positive obligations, Duty of protection / Human rights violation, Amnesty / Amnesty, Law, Life imprisonment / Amnesty, Law, Requirement, Assessment, Offender, Danger to society

MDA-2025-2-009 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 23.09.2025 e) 11 f) Plea of unconstitutionality of the provisions of Article 90.3.8 of the Code of Criminal Procedure
A procedural issue had arisen in criminal proceedings regarding the right of an accused person to request the summoning of individuals charged with the same or related offences whose cases are being tried separately as witnesses. The Criminal Procedure Code does not establish a specific procedure for handling such requests.
3.10 General Principles - Certainty of the law
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
5.3.13.23.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself
5.3.13.28 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to examine witnesses
Criminal procedure, Witness testimony / Witness, Testimony, Examination rights, Defendant

North Macedonia

MKD-2025-2-003 a) North Macedonia b) Constitutional Court c) d) 20.05.2025 e) U.no.186/2024 f)
The increase in the number of signatures required for independent candidates to run for elections constitutes an interference in the exercise of the electoral rights of citizens as guaranteed by the Constitution. This has no objective and reasonable justification and violates the principle of political pluralism and free, fair and democratic elections as fundamental values of the constitutional or... Read more
3.3.3 General Principles - Democracy - Pluralist democracy
3.9 General Principles - Rule of law
4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates
5.2.2.9 Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation
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, Independent candidates / Election, List, Candidates, Minimum number of signatures / Political pluralism, Principle

MKD-2025-2-004 a) North Macedonia b) Constitutional Court c) d) 25.06.2025 e) U.no.165/2024 f)
The right to equality and the right to political activity of the applicant, a candidate for the Presidential elections held in 2024, were not violated because with the contested provisions of the Guidelines of the Agency for Audio and Audio-Visual Media Services, the duration of political advertising for candidates was determined in accordance with the criteria provided for by the Electoral Code.
4.9.8.3 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Access to media
5.2.2.9 Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity
Presidential election / Candidates, Campaign, Media broadcast, Restrictions / Media, Political advertisement, Duration

MKD-2025-2-005 a) North Macedonia b) Constitutional Court c) d) 25.06.2025 e) U.no.251/2024 f)
The Director of the State Statistical Office exceeded his powers under the Law on the Census of the Population, Households and Dwellings, when, in the Methodology for the Preparation, Organisation and Conduct of the 2021 Census of the Population, Households And Dwellings he provided for the categorisation of the population into "resident" and "non-resident", thus violating the constitutional princ... Read more
3.9 General Principles - Rule of law
3.13 General Principles - Legality
Census / Census categories, Resident, Non-resident

Serbia

SRB-2025-2-003 a) Serbia b) Constitutional Court c) d) 29.05.2025 e) Už-853/2024 f)
The right to a defence includes the right to be present at all procedural actions, to question witnesses, and to actively participate in the gathering of evidence. The basic premise of the right is to have the opportunity to do so, rather than simply commenting on the outcome.
5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning
5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle
Witnesses, Questioning, Defence, Presence

Slovakia

SVK-2025-2-001 a) Slovakia b) Constitutional Court c) Plenum d) 28.02.2024 e) PL. ÚS 3/2024 f)
The Constitutional Court is authorised to suspend a challenged law even before its publication if there is a danger that the entry into force of that law could have immediate and irreversible unconstitutional effects, such as infringing the principle of legal certainty, and not enough time exists between the law’s publication and its entry into force.
1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review
1.5.4.5 Constitutional Justice - Decisions - Types - Suspension
1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies
1.3.4.9 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the formal validity of enactments
1.3.4.10 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments
1.3.4.11 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of constitutional revision
1.6.5 Constitutional Justice - Effects - Temporal effect
3.10 General Principles - Certainty of the law
Publication of laws, Effect / Draft law, Suspension / Legal review, Draft law / Vacatio legis, Length

Slovenia

SLO-2025-2-002 a) Slovenia b) Constitutional Court c) d) 30.05.2024 e) U-I-60/24 f)
The consultative referendum is a non-binding instrument of direct democracy that is not enshrined in the Constitution but is regulated by law. The National Assembly enjoys considerable freedom in both the application of the consultative referendum and the formulation of the referendum question, and review by the Constitutional Court is accordingly restrained. The Constitutional Court is only comp... Read more
3.12 General Principles - Clarity and precision of legal provisions
4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy
4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure
Referendum, Consultative / Referendum, Law, Constitutionality

SLO-2025-2-003 a) Slovenia b) Constitutional Court c) d) 14.03.2024 e) Up-950/21 f)
The right to be heard, which is encompassed by the right to equal protection of rights guaranteed by Article 22 of the Constitution, presupposes the right to be informed of relevant court documents. This constitutional provision therefore requires the use of a method of service of court documents that ensures a reasonable expectation that the addressee will become acquainted with a court document ... Read more
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms
5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Right to fair trial / Equality of arms, Principle / Adversarial principle / Service of documents, Legal fiction / Freedom of speech

SLO-2025-2-004 a) Slovenia b) Constitutional Court c) d) 03.10.2024 e) U-I-75/21 f)
The restriction of the movement of foreigners to the premises of a centre for foreigners constitutes an interference with their right to personal liberty. In proceedings for deciding on restrictions on the right to personal liberty, the requirement that norms be clear and precise is of particular importance, and therefore the obligation of the legislature to define all the essential elements of j... Read more
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
3.12 General Principles - Clarity and precision of legal provisions
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
Clarity, Principle / Clarity of the law / Personal liberty, Right / Foreigner, Freedom of movement

Switzerland

SUI-2025-2-003 a) Switzerland b) Federal Court c) Fourth Chamber of Public Law d) 07.06.2023 e) 8C_717/2022 f) A. v. Social Welfare and Integration Office of the Canton of Ticino
Article 12 of the Federal Constitution; principle of subsidiarity; constitutional right to assistance in situations of distress in the event of failure to cooperate with medical examinations to assess entitlement to disability insurance benefits. Scope of Article 12 of the Federal Constitution and cantonal jurisdiction in matters of social assistance (consideration 5). It is inadmissible to rest... Read more
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
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
4.8.1 Institutions - government - Federal entities
Social assistance, Terms and conditions / Minimum subsistence level , Consistent with human dignity, Fundamental right to be protected / Subsidiarity, Principle / Social welfare, Law, Condition / Social welfare, Exclusion / Guarantee of a decent minimum standard of living, Fundamental right / Decent minimum income, Guarantee / Minimum subsistence level , Legal / Necessity and urgency / Allocation, Subsidiarity

SUI-2025-2-004 a) Switzerland b) Federal Court c) Second Public Law Division d) 23.02.2024 e) 2C_87/2023 f) Evangelical Church of A. v. Department of Security, Population and Health of the Canton of Geneva
Articles 8.2, 15, 36 and 72.1 of the Federal Constitution; Article 9 ECHR; Article 3 of the Constitution of the Republic and Canton of Geneva; Articles 4 and 6 of the Geneva Law of 26 April 2018 on the secular nature of the State; Articles 3 and 4 of the implementing regulations for this law; increased use of public property for religious events; prerequisite for admission to relations with the St... Read more
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature
5.2 Fundamental Rights - Equality
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
Religion, Religious demonstration, Authorisation

Türkiye

TUR-2025-2-001 a) Türkiye b) Constitutional Court c) Plenary d) 23.01.2025 e) 2019/19126 f) Hasan Durmuş
In order to avoid placing an excessive burden on individuals, it is necessary to strike a fair balance between their right to property as enshrined in Article 35 of the Constitution and public interest requirements that justify an interference with that right. If a person who was granted compensation is ordered to pay legal fees to the defendant administration, the amount in question should not ... Read more
5.3.39 Fundamental Rights - Civil and political rights - Right to property
3.17 General Principles - Weighing of interests
5.3.39.1 Fundamental Rights - Civil and political rights - Right to property - Expropriation
5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State
5.1.4 Fundamental Rights - General questions - Limits and restrictions
3.18 General Principles - General interest
1.4.14.2 Constitutional Justice - Procedure - Costs - Legal aid or assistance
Property deed, Annulment, Public interest / Property deed, Annulment, Insufficient compensation / Compensation, Attorney's fees, Reduced value

TUR-2025-2-002 a) Türkiye b) Constitutional Court c) Plenary d) 06.02.2025 e) 2020/19752 f) Selçuk Arslan
The right to examine witnesses within the scope of the right to a fair trial is safeguarded by Article 36 of the Constitution. Failure to hear the witnesses either in person at trial or via an audio-visual information system may undermine the overall fairness of the proceedings. The mere absence of a valid reason for the non-attendance of the witnesses at trial is insufficient to conclude that ... Read more
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.28 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to examine witnesses
3.17 General Principles - Weighing of interests
Criminal procedure, Witness testimony / Witness, Testimony, Examination rights, Defendant / Witness, Testimony, In person / Witness, Testimony, Audio-visual media

TUR-2025-2-003 a) Türkiye b) Constitutional Court c) Plenary d) 06.03.2025 e) 2024/169 f)
Article 3.2 of Law no. 1567 on the Protection of the Value of Turkish Currency, which imposes an administrative fine for exporting precious metals abroad without complying with the statutory notification and permission requirements, violates the right to property as guaranteed by Article 35 of the Constitution. This is because the provision does not allow individuals who have committed the adminis... Read more
3.16 General Principles - Proportionality
5.3.39 Fundamental Rights - Civil and political rights - Right to property
3.17 General Principles - Weighing of interests
3.18 General Principles - General interest
5.1.4 Fundamental Rights - General questions - Limits and restrictions
Administrative fine, Right to property / Precious metals, Export / Import, Assets, Legal requirements / Assets, Fine, Monetary, Proportionality / Export, Assets, Legal requirements

United Kingdom

GBR-2025-2-001 a) United Kingdom b) Supreme Court c) d) 29.07.2025 e) [2025] UKSC 30 f) Shvidler v. Secretary of State for Foreign, Commonwealth and Development Affairs
The sanctions imposed against Mr Shvidler following Russia’s invasion of Ukraine were a proportionate interference of his right to a private life under Article 8 ECHR and his rights to his property under Article 1 Protocol 1 ECHR.
3.4 General Principles - Separation of powers
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.39 Fundamental Rights - Civil and political rights - Right to property
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
3.16 General Principles - Proportionality
Russia, Invasion, Ukraine / Russia, Sanctions, Worldwide