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e-Bulletin on Constitutional Case-Law
2021/2
The electronic Bulletin on Constitutional Case-Law ("e-Bulletin") is produced by the European Commission for Democracy through Law, better known as the Venice Commission. The e-Bulletin regularly reports on the case-law of constitutional courts and courts with equivalent jurisdiction in Europe and beyond, including case-law of the European Court of Human Rights, the Court of Justice of the European Union and the Inter-American Court of Human Rights. The e-Bulletin is sent to liaison officers and to subscribers by e-mail three times a year, each mailing reports on the most important case-law gathered during a four-month period.
The e-Bulletin’s aim is to allow judges and constitutional law specialists to be informed quickly about the most important judgments rendered in the field of constitutional justice. The exchange of information and ideas among courts in different countries with similar or different legal traditions, in the field of judge-made law, is of vital importance. Such an exchange of information and such cooperation, we hope, will not only benefit the newly established constitutional courts, but will also enrich the case-law of longer established courts. The main purpose of the e-Bulletin on Constitutional Case-Law is to foster an exchange of information and ideas and to assist national judges in solving difficult questions of law, which often arise simultaneously in courts of different countries.
If you wish to receive the e-Bulletin, please subscribe at the page https://www.venice.coe.int/files/bulletin/eBulletin-subscription.html.
The Venice Commission is grateful to the liaison officers of constitutional and equivalent courts, who regularly prepare the contributions, reproduced in the Bulletin with links to our database CODICES. As such, the summaries of decisions and opinions in the Bulletin do not constitute an official record of court decisions and should not be considered as offering or purporting to offer an authoritative interpretation of the law.
The Venice Commission would like to thank the International Organisation of the Francophonie for their support in ensuring that contributions from its member, associate and observer states can be translated into French.
T. Gerwien
Legal Officer, Division on Constitutional Justice
European Commission for Democracy through Law (“Venice Commission”)
February 2022
ALG-2021-2-005 a) Algeria / b) Constitutional Council / c) / d) 07.06.2021 / e) 24/DCC/21 / f) /
The Constitution does not rule out the possibility for the legislature to provide for legislation to protect administrative information and documents.
The Constitution guarantees the citizen’s right to access to information and provides, in Article 34, as follows:
"Constitutional provisions relating to fundamental rights, public freedoms and guarantees shall apply to all public authorities and... Read more
3.9
General Principles - Rule of law.
4.6.2
Institutions - Executive bodies - Powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.4.1
Fundamental Rights - General questions - Limits and restrictions - Non-derogable rights.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.25.1
Fundamental Rights - Civil and political rights - Right to administrative transparency - Right of access to administrative documents.
Document, administrative, protection / Information, administrative, protection.
ALG-2021-2-006 a) Algeria / b) Constitutional Council / c) / d) 24.08.2021 / e) 389/DCC/21 / f) Review of the constitutionality of the Order supplementing Order no. 66-155 of 18 Safar 1386, i.e. 8 June 1966, on the Code of Criminal Procedure /
The Constitution assigns the legislature the power to adapt its national bodies to combat crime at national and international level.
The establishment of a specialised national crime unit, tasked with the investigation and prosecution of offences in the area of information and communications technology and related offences, is in conformity with the Constitution.
The provisions of the Order... Read more
4.7.1
Institutions - Judicial bodies - Jurisdiction.
4.7.4
Institutions - Judicial bodies - Organisation.
Specialised crime unit, / Offence, crime, national, international, information, technology, communication.
ARG-2021-2-002 a) Argentina / b) Supreme Court / c) / d) 24.06.2021 / e) FRO 41000199/2012/1/CS1 / f) H., A. O. s/ infracción ley 23.737 /
In the framework of a regulatory system that excludes children and adolescents until the age of 16 from the punitive powers of the State and appoints guardianship measures for their comprehensive protection, the idea of channelling the right of such a child or adolescent to express his or her view on proceedings, that is his or her right to be heard, through a rule of Procedural Criminal Law and... Read more
2.1.1.4.15
Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
3.22
General Principles - Prohibition of arbitrariness.
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
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent.
5.3.13.23.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Minor, under the age of criminal responsibility, statement in court / Arbitrary decision / Appeal, extraordinary.
AZE-2021-2-003 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 02.06.2021 / e) / f) Related interpretation of Articles 35.1, 35.3 and 39.1 of the Code of Civil Procedure /
In order to satisfy the requirements of the principles of legal certainty and procedural economy, counterclaims must be submitted to the court of the place where the original claim was examined.
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
3.12
General Principles - Clarity and precision of legal provisions.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
Division of property, counterclaim, court jurisdiction.
AZE-2021-2-004 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 06.07.2021 / e) / f) Interpretation of Article 234 of the Criminal Code in connection with Article 237 of this Code /
Acts or omissions (as well as the failure to perform official duties) that give rise to criminal liability must be clearly set out in the law. The criminalisation of any act has significant criminal consequences for the perpetrator.
3.10
General Principles - Certainty of the law.
3.14
General Principles -
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Offences, drugs, classification.
BEL-2021-2-005 a) Belgium / b) Constitutional Court / c) / d) 10.06.2021 / e) 86/2021 / f) /
A law authorising a court to order the immediate arrest of a person whom it has just sentenced and who may still appeal against that sentence, where it fears that the person may commit further offences, is not incompatible with the right to liberty enshrined in Article 5 ECHR.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.13.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.13.24
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the reasons of detention.
Arrest, immediate / Arrest, lawfulness, review / Recidivism, risk / Safety, risk.
BEL-2021-2-006 a) Belgium / b) Constitutional Court / c) / d) 15.07.2021 / e) 107/2021 / f) /
The possibility of submitting candidates for a post in the prison administration to a character check does not breach the right to respect for private life provided that certain safeguards are in place. The minimum service system applicable to prison staff must strike a fair balance between protection of the effectiveness of the right to strike and the legitimate aim of providing services... Read more
2.1.1.4
Sources - Categories - Written rules - International instruments.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.4.10
Fundamental Rights - Economic, social and cultural rights - Right to strike.
5.4.11
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
Right to private life, character check / Right of collective bargaining, right to collective action / Right to strike, continuity of service / Prison administration, strike, restriction.
BIH-2021-2-003 a) Bosnia and Herzegovina / b) Constitutional Court / c) Grand Chamber / d) 17.02.2021 / e) AP 94/21 / f) /
A question had arisen over a situation where the courts had given no explanation as to why they had not used their legal powers to bring a defendant in for questioning by the judicial police, in a paternity case, for refusing to attend a medical examination by DNA. This ran counter to the right to a reasoned judgment.
3.22
General Principles - Prohibition of arbitrariness.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Child, best interest / DNA analysis / Paternity, determination.
BIH-2021-2-004 a) Bosnia and Herzegovina / b) Constitutional Court / c) Grand Chamber / d) 05.05.2021 / e) AP 532/21 / f) /
The refusal of the request for assisted home childbirth did not violate the right to private life.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Home birth.
BIH-2021-2-005 a) Bosnia and Herzegovina / b) Constitutional Court / c) Grand Chamber / d) 05.05.2021 / e) AP 4703/19 / f) /
Mandatory membership of the Chamber of Commerce does not preclude membership of other voluntary associations and does not contravene the right to free assembly and association.
3.22
General Principles - Prohibition of arbitrariness.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
Chamber of Commerce, membership, compulsory.
BRA-2021-2-014 a) Brazil / b) Supreme Court / c) Full Court / d) 14.04.2021 / e) Writ of BRA-2021-2-015 a) Brazil / b) Supreme Court / c) Full Court / d) 12.05.2021 / e) Direct Action of Unconstitutionality 5529 (ADI 5529) / f) A norm that extends the term of patent validity and utility models indefinitely is unconstitutional / BRA-2021-2-016 a) Brazil / b) Supreme Court / c) Full Court / d) 10.06.2021 / e) Extraordinary Appeal 1209429 (RE 1209429) / f) Civil Liability of the State in relation to media professionals injured by police officers during press coverage, in demonstrations where there is riot or conflict between police officers and demonstrators, is objective, unless proven exclusive guilt of the victim / BRA-2021-2-017 a) Brazil / b) Supreme Court / c) Full Court / d) 25.06.2021 / e) Referral on a Provisional Measure in a Claim of Non-Compliance with a Fundamental Precept 848 (ADPF 848 MC-REF) / f) Summoning governors to testify before the Covid-19 Parliamentary Committee of Inquiry has been suspended / BRA-2021-2-018 a) Brazil / b) Supreme Court / c) Full Court / d) 02.08.2021 / e) Extraordinary Appeal 883168 (RE 883168) / f) Concubinage does not legitimate the right to a pension / BRA-2021-2-019 a) Brazil / b) Supreme Court / c) Full Court / d) 20.08.2021 / e) Extraordinary Appeal 954858 (ARE 954858) / f) Unlawful acts committed by foreign States in violation of human rights do not enjoy immunity from jurisdiction /
CAN-2021-2-003 a) Canada / b) Supreme Court / c) / d) 07.05.2021 / e) 38546 / f) R. v. C.P. / CAN-2021-2-004 a) Canada / b) Supreme Court / c) / d) 25.06.2021 / e) 39062 / f) R. v. Chouhan / CAN-2021-2-005 a) Canada / b) Supreme Court / c) / d) 30.06.2021 / e) 38837/ f) Reference re
ECH-2021-2-015 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 08.04.2021 / e) 47621/13, 3867/14, 73094/14 ECH-2021-2-016 a) Council of Europe / b) European Court of Human Rights / c) Section II / d) 13.04.2021 / e) 37882/13 / f) E.G. v. the Republic of Moldova / ECH-2021-2-017 a) Council of Europe / b) European Court of Human Rights / c) Section IV / d) 13.04.2021 / e) 49933/20 / f) Terhes v. Romania (dec.) / ECH-2021-2-018 a) Council of Europe / b) European Court of Human Rights / c) Section II / d) 15.04.2021 / e) 5560/19 / f) K.I. v. France / ECH-2021-2-019 a) Council of Europe / b) European Court of Human Rights / c) Section I / d) 22.04.2021 / e) 29555/13 / f) F.O. v. Croatia / ECH-2021-2-020 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 25.05.2021 / e) 58170/13, 62322/14, 24960/15 / f) Big Brother Watch and Others v. the United Kingdom / ECH-2021-2-021 a) Council of Europe / b) European Court of Human Rights / c) Section IV / d) 25.05.2021 / e) 35252/08 / f) Centrum för Rättvisa c. Suède / ECH-2021-2-022 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 01.06.2021 / e) 62819/17, 63921/17 / f) Denis and Irvine v. Belgium / ECH-2021-2-023 a) Council of Europe / b) European Court of Human Rights / c) Grand Chambre / d) 15.06.2021 / e) 62903/15 / f) Kurt c. Autriche /
CRO-2021-2-006 a) Croatia / b) Constitutional Court / c) / d) 04.05.2021 / e) U-I-4019/2019 CRO-2021-2-007 a) Croatia / b) Constitutional Court / c) / d) 04.05.2021 / e) U-III-4920/2020 CRO-2021-2-008 a) Croatia / b) Constitutional Court / c) / d) 08.06.2021 / e) U-I-263/2021 / f) / CRO-2021-2-009 a) Croatia / b) Constitutional Court / c) / d) 13.07.2021 / e) U-I-3403/2020 CRO-2021-2-010 a) Croatia / b) Constitutional Court / c) / d) 13.07.2021 / e) U-I-263/2021 / f) /
CZE-2021-2-004 a) Czech Republic / b) Constitutional Court / c) Senate / d) 21.06.2021 / e) II. ÚS 417/21 / f) Right to compensation for non-pecuniary damage caused to a public official by unlawful criminal prosecution / CZE-2021-2-005 a) Czech Republic / b) Constitutional Court / c) Senate / d) 30.07.2021 / e) II. ÚS 482/21 / f) Age assessment of juvenile migrants and their right to the assistance of an interpreter in court proceedings /
ECJ-2021-2-007 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 12.05.2021 / e) C-505/19 / f) Bundesrepublik Deutschland (Notice rouge d’Interpol) / ECJ-2021-2-008 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 18.05.2021 / e) C-83/19 / f) Asociatia "Forumul Judecatorilor Din România" e.a. / ECJ-2021-2-009 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 03.06.2021 / e) C-650/18 / f) Hungry v. Parliament / ECJ-2021-2-010 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 15.06.2021 / e) C-645/19 / f) Facebook Ireland e.a / ECJ-2021-2-011 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 15.07.2021 / e) C-535/19 / f) A (Soins de santé publics) / ECJ-2021-2-012 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 15.07.2021 / e) C-791/19 / f) Commission v. Pologne (Régime disciplinaire des juges) / ECJ-2021-2-013 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 15.07.2021 / e) C-804/18, C-341/19 / f) WABE /
FRA-2021-2-008 a) France / b) Constitutional Council / c) / d) 20.05.2021 / e) 2021-817 DC / f) Law on promoting overall security while preserving freedoms / FRA-2021-2-009 a) France / b) Constitutional Council / c) / d) 21.05.2021 / e) 2021-818 DC / f) Law on the heritage protection of regional languages and their promotion / FRA-2021-2-010 a) France / b) Constitutional Council / c) / d) 30.07.2021 / e) 2021-822 DC / f) Law on the prevention of terrorism and on intelligence / FRA-2021-2-012 a) France / b) Constitutional Council / c) / d) 05.08.2021 / e) 2021-824 DC / f) Law on managing the public health crisis / FRA-2021-2-013 a) France / b) Constitutional Council / c) / d) 13.08.2021 / e) 2021-823 DC / f) Law to enhance respect for the principles of the Republic / FRA-2021-2-014 a) France / b) Constitutional Council / c) / d) 13.08.2021 / e) 2021-825 DC / f) Law on the fight against climate change and to increase resilience in relation to its effects /
GER-2021-2-010 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the First Panel / d) 31.03.2021 / e) 1 BvR 413/20 / f) Removal of a mother as guardian / GER-2021-2-011 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 27.04.2021 / e) 2 BvR 206/14 / f) Ecotoxicity Data / GER-2021-2-012 a) Germany / b) Federal Constitutional Court / c) Second Chamber / d) 27.04.2021 / e) 2 BvE 4/15 / f) Third Aid Package for Greece (Federal Government’s duty to inform Parliament on negotiation position) / GER-2021-2-013 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 29.04.2021 / e) 2 BvR 1651/15, 2 BvR 2006/16 / f) Applications for Order of Execution (regarding PSPP Judgment) / GER-2021-2-014 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 08.06.2021 / e) 2 BvR 1866/17, 2 BvR 1314/18 / f) Advance Healthcare Directive (coercive treatment of criminal offenders in psychiatric confinement) / GER-2021-2-015 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 08.06.2021 / e) 1 BvR 2771/18 / f) IT security vulnerabilities / GER-2021-2-016 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 23.06.2021 / e) 2 BvR 2216/20, 2 BvR 2217/20 / f) UPC Act of Approval II (preliminary injunction against ratification) / GER-2021-2-017 a) Germany / b) Federal Constitutional Court / c) First Chamber of the Second Panel / d) 01.07.2021 / e) 2 BvR 890/20 / f) Lack of judicial impartiality / GER-2021-2-018 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 08.07.2021 / e) 1 BvR 2237/14, 1 BvR 2422/17 / f) Interest on back taxes and tax refunds / GER-2021-2-019 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 20.07.2021 / e) 2 BvF 1/21 / f) Amendments to the Federal Elections Act (application for preliminary injunction) /
ITA-2021-2-004 a) Italy / b) Constitutional Court / c) / d) 09.03.2021 / e) 33/2021 / f) / ITA-2021-2-005 a) Italy / b) Constitutional Court / c) / d) 12.03.2021 / e) 37/2021 / f) / ITA-2021-2-006 a) Italy / b) Constitutional Court / c) / d) 17.03.2021 / e) 41/2021 / f) / ITA-2021-2-007 a) Italy / b) Constitutional Court / c) / d) 01.04.2021 / e) 59/2021 / f) / ITA-2021-2-008 a) Italy / b) Constitutional Court / c) / d) 10.06.2021 / e) 120/2021 / f) /
KAZ-2021-2-001 a) Kazakhstan / b) Constitutional Council / c) / d) 04.06.2021 / e) 1 / f) /
KOR-2021-2-006 a) Korea / b) Constitutional Court / c) / d) 27.05.2020 / e) 2019Hun-Ra1 / f) Case on Replacement of Member of National Assembly Special Committee / KOR-2021-2-007 a) Korea / b) Constitutional Court / c) / d) 27.05.2020 / e) 2019Hun-Ra6, 2020Hun-Ra1 (consolidated) / f) National Assembly Speaker’s Refusal to Accept Demand for Unlimited Debate and His Announcement of Passage of Proposal for Amendments to Public Official Election Act / KOR-2021-2-008 a) Korea / b) Constitutional Court / c) / d) 23.12.2020 / e) 2017Hun-Ma416 / f) Case on Blacklisting Artists and Cultural Organisations and Directing Their Exclusion from Government Support Programs / KOR-2021-2-009 a) Korea / b) Constitutional Court / c) / d) 28.01.2021 / e) 2018Hun-Ma456, 2020Hun-Ma406, 2018Hun-Ka16 (consolidated) / f) Case on Real-Name Verification on Internet During Periods of Election Campaigns /
KGZ-2021-2-001 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 16.01.2019 / e) 01-? / f) Review of the constitutionality of fourth Sentence of paragraph 1.a of the Rates of the State fee / KGZ-2021-2-002 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 01.02.2019 / e) 02-? / f) Review of the constitutionality of Articles 15.3.3 and 17.2 of the Constitutional Law on the Status of Judges / KGZ-2021-2-003 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 17.04.2019 / e) 06-p / f) Review of the constitutionality of Article 19.2.4 of the Law on the Bar and Advocacy / KGZ-2021-2-004 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 24.04.2019 / e) 07-? / f) Review of the constitutionality of Article 3 of the Law on the Rules of Procedure of the Zhogorku Kenesh (Parliament) / KGZ-2021-2-005 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 12.06.2019 / e) 08-p / f) Review of the constitutionality of Articles 487.3, 487.4, 488.2, 488.3, 489.1, 491.3, 491.4, 492.5 of the Criminal Procedure Code / KGZ-2021-2-006 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 20.11.2019 / e) 14-p / f) Review of the constitutionality of Articles 8 and 14 of the Law on State Civil and Municipal Service /
LIE-2021-2-002 a) Liechtenstein / b) Constitutional Court / c) / d) 10.05.2021 / e) StGH 2020/097 / f) /
LTU-2021-2-004 a) Lithuania / b) Constitutional Court / c) / d) 19.05.2021 / e) KT74-N7/2021 / f) Provision of the Law on Personal Bankruptcy whereby the prohibition to overcome the force of a ruling of the Constitutional Court was disregarded / LTU-2021-2-005 a) Lithuania / b) Constitutional Court / c) / d) 28.05.2021 / e) KT84-N8/2021 / f) Termination of the mandate of a member of the European Parliament, a member of a municipal council, or a mayor as a result of his or her election to the Seimas and without taking into account his or her will /
MEX-2021-2-003 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 21.12.2016 / e) SUP-REC-825-2016, SUP-REC-826-2016 / f) / MEX-2021-2-004 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 06.06.2018 / e) SUP-REC-55-2018 / f) / MEX-2021-2-005 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 31.08.2018 / e) SUP-REC-941-2018 / f) / MEX-2021-2-006 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 20.02.2019 / e) SUP-JDC-352-2018 / f) / MEX-2021-2-007 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 27.02.2019 / e) SUP-JDC-5-2019 and Joint Cases / f) / MEX-2021-2-008 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 03.07.2019 / e) SUP-JDC-111-2019 / f) / MEX-2021-2-009 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 14.11.2019 / e) SUP-JDC-1282-2019 / f) /
MDA-2021-2-011 a) Moldova / b) Constitutional Court / c) Plenary / d) 10.07.2021 / e) 18 / f) Constitutional review of Article 19.1.e of Law no. 317 of 13 December 1994 on the Constitutional Court (lifting the mandate of the Constitutional Court`s judge as a result of establishing by a final act of finding of a violation of the legal regime of conflicts of interest) / MDA-2021-2-012 a) Moldova / b) Constitutional Court / c) Plenary / d) 27.07.2021 / e) 21 / f) Constitutional review of the Parliament Decision no. 219 of 3 December 2020 for the amendment of the Parliament Decision no. 149 of 29 November 2019 on the numerical and nominal composition of the Permanent Bureau of the Parliament / MDA-2021-2-013 a) Moldova / b) Constitutional Court / c) Plenary / d) 05.08.2021 / e) 23 / f) constitutional review of Article 422 of the Code of Criminal Procedure (the date from which the period for declaring the ordinary appeal begins to run) / MDA-2021-2-014 a) Moldova / b) Constitutional Court / c) Plenary / d) 10.08.2021 / e) 24 / f) Constitutional review of Article 129.19 of the Fiscal Code / MDA-2021-2-015 a) Moldova / b) Constitutional Court / c) Plenary / d) 12.08.2021 / e) 25 / f) Constitutional review of several provisions of Article 87.1 of the Criminal Code /
NED-2021-2-001 a) The Netherlands / b) Supreme Court / c) Criminal chamber / d) 06.07.2021 / e) 20/03005 / f) /
PER-2021-2-001 a) Peru / b) Constitutional Court / c) Plenary / d) 20.05.2021 / e) 00175-2017-PA/TC / f) "Camino de Santidad" Christian Center v. Ministry of Justice and Human Rights / PER-2021-2-002 a) Peru / b) Constitutional Court / c) Plenary / d) 25.06.2021 / e) 02970-2019-PHC/TC / f) Marcelina Rudas Valer and Jhojana Rudas Guedes v. National Registry of Identification and Civil Status / PER-2021-2-003 a) Peru / b) Constitutional Court / c) Plenary / d) 01.07.2021 / e) 01504-2019-PHC/TC / f) Mahmoud Ali Hassein Ali Shehabaldeen v. National Superintendence of Migration / PER-2021-2-004 a) Peru / b) Constitutional Court / c) Plenary / d) 08.07.2021 / e) 01272-2015-PA/TC / f) Association Institute of Legal Defence for the Environment and Sustainable Development Peru (IDLADS Peru) v. Provincial Municipality of Callao /
POR-2021-2-003 a) Portugal / b) Constitutional Court / c) First Chamber / d) 15.03.2020 / e) 161/2020 / f) / POR-2021-2-004 a) Portugal / b) Constitutional Court / c) First Chamber / d) 13.05.2020 / e) 262/2020 / f) / POR-2021-2-005 a) Portugal / b) Constitutional Court / c) First Chamber / d) 31.07.2020 / e) 424/2020 / f) / POR-2021-2-006 a) Portugal / b) Constitutional Court / c) Third Chamber / d) 04.02.2021 / e) 115/19 / f) / POR-2021-2-007 a) Portugal / b) Constitutional Court / c) Second Chamber / d) 09.02.2021 / e) 1126/19 / f) / POR-2021-2-008 a) Portugal / b) Constitutional Court / c) Third Chamber / d) 15.03.2021 / e) 123/2021 / f) / POR-2021-2-009 a) Portugal / b) Constitutional Court / c) Third Chamber / d) 27.05.2021 / e) 352/2021 / f) / POR-2021-2-010 a) Portugal / b) Constitutional Court / c) Third Chamber / d) 29.06.2021 / e) 474/2021 / f) / POR-2021-2-011 a) Portugal / b) Constitutional Court / c) Third Chamber / d) 09.07.2021 / e) 500/2021 / f) /
RUS-2021-2-004 a) Russia / b) Constitutional Court / c) / d) 30.06.2021 / e) 31 / f) / RUS-2021-2-005 a) Russia / b) Constitutional Court / c) / d) 08.07.2021 / e) 33 / f) / RUS-2021-2-006 a) Russia / b) Constitutional Court / c) / d) 20.07.2021 / e) 38 / f) /
SRB-2021-2-002 a) Serbia / b) Constitutional Court / c) / d) 29.04.2021 / e) Už-4345/2017 / f) /
SVK-2021-2-001 a) Slovakia / b) Constitutional Court / c) Plenum / d) 07.07.2021 / e) PL. ÚS 7/2021 / f) /
SLO-2021-2-005 a) Slovenia / b) Constitutional Court / c) / d) 13.05.2021 / e) U-I-79/20 / f) / SLO-2021-2-006 a) Slovenia / b) Constitutional Court / c) / d) 17.06.2021 / e) U-I-50/21 / f) /
RSA-2021-2-005 a) South Africa / b) Constitutional Court / c) / d) 11.06.2021 / e) CCT 70/2020 / f) University of Johannesburg v. Auckland Park Theological and Another / RSA-2021-2-006 a) South Africa / b) Constitutional Court / c) / d) 29.06.2021 / e) CCT 52/21 / f) Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v. Zuma and Other / RSA-2021-2-007 a) South Africa / b) Constitutional Court / c) / d) 01.07.2021 / e) CCT 62/20 / f) Public Protector and Other v President of the Republic of South Africa / RSA-2021-2-008 a) South Africa / b) Constitutional Court / c) / d) 30.07.2021 / e) CCT 13/20 / f) Qwelane v. South African Human Rights Commission /
SWE-2021-2-005 a) Sweden / b) Supreme Court / c) / d) 05.05.2021 / e) B 5595-19 / f) The war poses / SWE-2021-2-006 a) Sweden / b) Supreme Court / c) / d) 21.06.2021 / e) B 5938-20 / f) The video recording from Christchurch / SWE-2021-2-007 a) Sweden / b) Supreme Administrative Court / c) / d) 11.06.2021 / e) 6184-19 / f) / SWE-2021-2-008 a) Sweden / b) Supreme Administrative Court / c) / d) 28.06.2021 / e) 5653-20 / f) /
SUI-2021-2-002 a) Switzerland / b) Federal Court / c) First Social Law Chamber / d) 11.02.2020 / e) 8C_435/2019 / f) Department of Industry, Commerce and Labour v. A / SUI-2021-2-003 a) Switzerland / b) Federal Court / c) Second Court of Public Law / d) 11.03.2020 / e) 2C_572/2019 / f) Ivanyushchenko v. Federal Department of Foreign Affairs, Directorate of Public International Law / SUI-2021-2-004 a) Switzerland / b) Federal Court / c) First Public Law Chamber / d) 16.07.2020 / e) 1C_295/2019, 1C_357/2019 / f) A. v. Grand Council of the Canton of Zurich /
TUR-2021-2-001 a) Turkey / b) Constitutional Court / c) Plenary / d) 11.03.2021 / e) 2020/99 / f) Yeliz Erten / TUR-2021-2-002 a) Turkey / b) Constitutional Court / c) Plenary / d) 15.06.2021 / e) 2018/24439 / f) Aylin Nazliaka (2) / TUR-2021-2-003 a) Turkey / b) Constitutional Court / c) Plenary / d) 01.07.2021 / e) 2019/10634 / f) Ömer Faruk Gergerlioglu /
UKR-2021-2-003 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 14.07.2021 / e) 1-r/2021 / f) Law on "Ensuring the Functioning of the Ukrainian Language as the State Language" / UKR-2021-2-004 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 14.07.2021 / e) 1-r/2021 / f) Compliance with the Constitution of Ukraine (constitutionality) of the provisions of Article 6.6 of the Law on "Remuneration of Labour" of 24 March 1995, no. 108/95–VR as amended by the Law on "Amendments to Some Legislative Acts " of 6 December 2016, no. 1774–VIII, and of Article 96.6 of the Labour Code as amended by the Law on "Amendments to Some Legislative Acts " of 6 December 2016, no. 1774–VIII (on minimum salary/ tariff rate) / UKR-2021-2-005 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 15.07.2021 / e) 2-r/2021 / f) Constitutionality of certain provisions of Article 471.2 of the Customs Code / UKR-2021-2-006 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 21.07.2021 / e) 3-r (II)/2021 / f) Constitutionality of the provision of Article 294.10 of the Code of Administrative Offenses /
USA-2021-2-022 a) United States of America / b) Supreme Court / c) / d) 17.05.2021 / e) 19-5807 / f) Edwards v. Vannoy / USA-2021-2-023 a) United States of America / b) Supreme Court / c) / d) 17.06.2021 / e) 19-123 / f) Fulton v. City of Philadelphia / USA-2021-2-024 a) United States of America / b) Supreme Court / c) / d) 17.06.2021 / e) 19-416 / f) Nestle USA, Inc. v. Doe / USA-2021-2-025 a) United States of America / b) Supreme Court / c) / d) 23.06.2021 / e) 20-107 / f) Cedar Point Nursery v. Hassid / USA-2021-2-026 a) United States of America / b) Supreme Court / c) / d) 23.06.2021 / e) 20-255 / f) Mahanoy Area School District v. B.L. / USA-2021-2-027 a) United States of America / b) Supreme Court / c) / d) 01.07.2021 / e) 19-251 / f) Americans for Prosperity Foundation v. Bonta / USA-2021-2-028 a) United States of America / b) Supreme Court / c) / d) 01.07.2021 / e) 19-1257 / f) Brnovich v. Democratic National Committee /
Ed. 07.04.2022 18:04:34
The establishment of a Parliamentary Committee of Inquiry depends solely on the fulfilment of the requirements provided under the Federal Constitution, which are:
a. the request of one-third of the Congress’ members;
b. the indication of a certain fact to be investigated; and
c. definition of its duration
4.5.2.2
Institutions - Legislative bodies - Powers - Powers of enquiry.
Inquiry, commission, setting up, requirements.
The rule according to which the term of patent validity and utility models can be extended if the National Institute of Industrial Property (hereinafter, "INPI") is prevented from proceeding with the examination of the merits of the request, due to proven judicial cases pending or force majeure, is unconstitutional.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.7
Fundamental Rights - Economic, social and cultural rights - Consumer protection.
5.4.12
Fundamental Rights - Economic, social and cultural rights - Right to intellectual property.
5.4.21
Fundamental Rights - Economic, social and cultural rights - Scientific freedom.
Patent, granting, condition / Patent, obtaining, condition / Commercial freedom, restriction.
Questions had arisen over the civil liability of the State when media professionals are injured by police officers during press coverage of demonstrations where there is riot or conflict between police officers and demonstrators. Such liability is excluded if the victim is at fault – if, for instance, the press professionals fail to heed clear warnings about access to areas designated as posing a... Read more
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
Damage, compensation / State, liability, exclusion / Damage, personal injury.
According to the Federal Constitution of Brazil, governors cannot be summoned to testify before the Covid-19 Parliamentary Committee of Inquiry, established by the National Congress.
4.5.2.2
Institutions - Legislative bodies - Powers - Powers of enquiry.
4.5.4.4
Institutions - Legislative bodies - Organisation - Committees.
4.5.7
Institutions - Legislative bodies - Relations with the executive bodies.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
COVID-19, pandemic / Commission, procedure, administrative, guarantees / Government, information, duty to provide.
It is incompatible with the Federal Constitution to recognise social security rights (such as a pension following death) in respect of a person who has maintained, for a long time a union with somebody who is already married. Concubinage does not equate, for the purposes of State protection, to relationships resulting from marriage and stable unions.
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.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Family, definition, Constitution / Family, constitutional protection / Family, benefit, rights / Marriage, family / Marriage, impediment / Pension, payable upon death / Social security, marriage.
A foreign State’s immunity from jurisdiction does not extend to acts that offend international human rights law enforced in Brazilian territory, such as those that result in the death of civilians in a period of war.
3.1
General Principles - Sovereignty.
3.8
General Principles - Territorial principles.
4.16
Institutions - International relations.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Foreign State, immunity / International human rights law / War crime, compensation / War, victim.
Section 37.10 of the Youth Criminal Justice Act (hereinafter, the "YCJA"), which denies young persons the automatic right to appeal to the Supreme Court of Canada (hereinafter, the "Court") provided to adults under Section 691 of the Criminal Code (hereinafter, the "Code"), and instead requires them to seek leave before they can appeal, does not infringe their rights to liberty and equality... Read more
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Appeal, automatic right, young person / Young person, automatic right of appeal, criminal law.
In Canada, any person charged with an offence has the right "to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal", under Section 11.d of the Canadian Charter of Rights and Freedoms (hereinafter, the "Charter"), and the right "to the benefit of trial by jury", under Section 11.f of the Charter, where the maximum... Read more
5.3.13.10
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial by jury.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
Jury, peremptory challenge, abolition.
Section 96 of the Constitution Act, 1867 (hereinafter, the "Constitution") protects the special status of the superior courts of general jurisdiction. The core jurisdiction of the superior courts includes their ability to act as courts of original general jurisdiction, that is, to hear and determine matters not exclusively assigned by law to other courts. It therefore encompasses, by necessary... Read more
4.7.1.1
Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction.
Civil claim, monetary limit, jurisdiction / Court, civil claims, exclusive jurisdiction.
Fine on parent and exclusion of children from preschool for refusal to comply with statutory child vaccination duty does not violate the respect for private life.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Vaccination, child, duty, refusal, fine on parent, exclusion of children from preschool / Vaccine, coverage, Europe, consensus / Vulnerable, protection, solidarity / Child, best interest, vaccination, compulsory / Vaccine, safety, precautions.
Article 3
Positive obligations
Failure by authorities to enforce sex offender’s sentence following grant and subsequent annulment of amnesty: violation
Article 8
Positive obligations
Failure by authorities to enforce sex offender’s sentence following grant and subsequent annulment of amnesty: violation
Article 35
Article 35-1
Six-month period
Account taken of entire period... Read more
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
Sexual assault, sentence not enforced, impunity / Sexual offender, amnesty, cancelled / Sexual offender, international arrest warrant.
Article 5-1
Deprivation of liberty
52-day general lockdown imposed by the authorities to tackle the COVID-19 pandemic: Article 5 inapplicable; inadmissible
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
COVID-19, pandemic, measures / State of emergency, public health, lockdown.
Expulsion
Order for deportation to Russia of Chechen refugee, after status revoked on grounds of terrorism conviction, without ex nunc assessment of risks: deportation would constitute a violation
Art 3 (procedural limb) • Order for deportation to Russia of Russian national of Chechen origin after refugee status revoked on grounds of terrorism conviction • Failure by authorities... Read more
2.1.1.4.3
Sources - Categories - Written rules - International instruments - Geneva Conventions of 1949.
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.
Right of asylum, refoulement, prohibition / Deportation, terrorism, refugee, status revoked / Risk assessment, refugee, targeted group.
Art 8 • Positive obligations • Private life • Inadequate response of domestic authorities to a high school teacher’s verbal abuse of a student • Art 8 applicable to particularly disrespectful insults which caused emotional disturbance, administered by a teacher in a position of trust over the applicant and in front of other students • No room for tolerating any form of violence, including verbal... Read more
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Education, teacher, student, position of trust, harassment, inadequate response / Education, child, disciplinary measures, protection against violence and abuse / Education, insult, disrespectful, student, emotional disturbance.
Article 8-1
Respect for private life
Convention compliance of secret surveillance regime including the bulk interception of external communications: violations, no violation
Article 10-1
Freedom of expression
Insufficient protection of confidential journalist material under electronic surveillance schemes: violations
3.16
General Principles - Proportionality.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Surveillance, secret, protection, journalist material, insufficient / Communications, external, bulk or targeted interception regime / Bulk interception regime, safeguards.
Art 8 • Private life • Convention compliance of secret surveillance regime including bulk interception of communications and intelligence sharing • Need to develop case-law in light of important differences between targeted interception and bulk interception • Adapted test for examining bulk interception regimes through global assessment • Focus on "end-to-end safeguards" to take into account the... Read more
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.16
Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law.
5.3.38
Fundamental Rights - Civil and political rights - Non-retrospective effect of law.
Offender, mental disorder, confinement, compulsory / New law, more lenient.
Art 5.1 • Lawful arrest or detention • Refusal to discharge offenders with persisting mental disorders from compulsory confinement after new law reserving its use for most serious offences • Domestic courts’ approach recognising validity of confinement measures imposed under previous law neither arbitrary nor manifestly unreasonable • All three Winterwerp conditions for a lawful detention... Read more
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
Domestic violence, adequate protective measures, risk.
Art 2 (substantive) • Positive obligations • Adequate protective measures in the absence of a discernible real and immediate risk of child’s murder by father accused of domestic violence and barred from home • Assessment of the nature and level of risk an integral part of the Osman positive obligation to take preventive operational measures • Requirement of an autonomous, proactive and... Read more
A legal provision that has been granted retroactive effect is in conformity with Article 90.5 of the Constitution if such an effect is in the public interest, or if such an effect achieves goals that bear greater social significance than the legal certainty on which the subjects of a particular legal relationship relied.
The principle of the rule of law referred to in Article 3 of the... Read more
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
5.2
Fundamental Rights - Equality.
5.3.38.3
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Social law.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
State-subsidised housing construction, law, reviewed / Law, transitional provision, retrospective effect / Retroactivity, apparent / Renting out flats, tourist location, ban.
The decisions of the State Attorney Council (hereinafter, the "SAC") on the appointment of deputy state attorneys fall within the scope of the right to a reasoned decision, as an integral part of not only the right to a fair trial, guaranteed by Article 29.1 of the Constitution, but also of the procedural aspect of the right of access to each workplace and post under equal conditions, guaranteed... Read more
4.7.4.3.2
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Appointment.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
State Attorney Council, decision, review / State Attorney, deputy, appointment, ranking difference / Employment, application process, fair / Employment, application process, objective criteria.
Introducing a ban or limitation on private gatherings as provided in Article 47.2.11 of the Act on the Protection of the Population against Infectious Diseases (hereinafter, the "APPID") can be justified if there is a legitimate aim such as reducing the spread of a virus in order to protect the lives and health of the public.
Article 47.2.11 of the APPID limits the right to the inviolability of... Read more
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
COVID-19, pandemic / COVID-19, ban, limitation, private gatherings / COVID-19, supervision, police, search of home.
The right to earnings by which all employees can secure for themselves and their families a free and decent life guaranteed by Article 55.1 of the Constitution and the principle of free enterprise and free markets guaranteed by Article 49.1 of the Constitution are not absolute and can be restricted by measures to protect the public health.
Article 3 of the Act on Intervention Measures in... Read more
3.16
General Principles - Proportionality.
4.5.2
Institutions - Legislative bodies - Powers.
4.5.7
Institutions - Legislative bodies - Relations with the executive bodies.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.5
Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
COVID-19, pandemic / Bankruptcy proceedings, extraordinary circumstances, intervention measures / Enforcement proceedings, extraordinary circumstances, COVID-19 / Entrepreneur, market, equal position.
Pursuant to Article 2.4 of the Constitution, the legislator is authorised to change the legislative model of regulating revisions. This includes changing the review method from appeal on points of law (extraordinary legal remedy) and giving priority to the public function of revision (promoting and establishing uniformity and foreseeability in applying and developing the law) when compared to the... Read more
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.3.38.2
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Civil law.
Legal remedy, extraordinary, civil proceedings / Law, procedural, application.
If the state interferes with an individual’s life through unjustified prosecution and damages or even destroys his or her position in the family or in society, the amount of compensation must be commensurate with such interference. The amount of compensation for non-pecuniary damage is also indicative of the State’s respect for the private and public life of individuals.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.22
General Principles - Prohibition of arbitrariness.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Damage, compensation / Damages, compensation, non-economic loss / Compensation of damages, non-economic loss / Damages, compensatory, amount / Damages, constitutional, right / Damages, liability / Criminal prosecution / Criminal charge, disproportionate.
Holding a court hearing in the presence of a person of foreign origin, who – due to lack of interpretation to their native language – cannot understand and effectively participate in the court’s proceeding, is incompatible with the right to human dignity pursuant to Article 1 of the Charter of Fundamental Rights and Freedoms and to the principle of fair trial
Moreover, the authorities have a... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.15
Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
3.9
General Principles - Rule of law.
3.22
General Principles - Prohibition of arbitrariness.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.13.7
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
5.3.13.19
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.
5.3.13.21
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Languages.
Child, best interest / Immigration, procedure / Immigration, law / Minor, detention / Minor, protection / Interpreter, assistance / Interpreter, assistance, right / Interpreter, trial / Rights, information in one’s own language / Procedural fairness, principle / Court proceeding / Proceedings, adversarial, nature / Decision, administrative, opportunity to be heard / Right to hear and be heard.
Article 54 of the CISA and Article 21.1 TFEU, read in the light of Article 50 of the Charter, does not preclude the provisional arrest, by the authorities of a State that is a party to the Schengen Agreement or by those of a Member State, of a person in respect of whom Interpol has published a red notice, at the request of a third State, unless it is established, in a final judicial decision... Read more
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
European arrest warrant, non-execution, basis, ne bis in idem / Interpol, State, affiliated / Interpol Red Notice / Schengen, Convention / Criminal procedure, principles.
Decision 2006/928 and the reports drawn up by the European Commission on progress in Romania, set up by Decision 2006/928 on the occasion of Romania’s accession to the European Union, on the basis of that decision constitute acts of an EU institution, which are amenable to interpretation under Article 267 TFEU. As regards its legal nature, content and temporal effects, Decision 2006/928 falls... Read more
3.4
General Principles - Separation of powers.
4.7.1
Institutions - Judicial bodies - Jurisdiction.
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Judicial power, independence, guarantees / Effective judicial protection, law / Magistrates, disciplinary regime, personal liability.
The contested resolution to call upon the Council of the EU on the possible existence of a clear risk of a serious breach by Hungary of the values of the EU (under Article 7.1 TEU) may be subject to judicial review under Article 263 TFEU. However, the MEPs’ abstentions do not have to be counted in order to determine whether the majority of two-thirds of the votes cast, referred to in Article 354... Read more
3.3.1
General Principles - Democracy - Representative democracy.
3.10
General Principles - Certainty of the law.
3.21
General Principles - Equality.
4.5.2
Institutions - Legislative bodies - Powers.
4.17
Institutions - European Union.
4.17.1.1
Institutions - European Union - Institutional structure - European Parliament.
European Parliament, resolution / Common values, violation / Votes cast, calculation, abstentions, exclusion / Appeal for annulment / Union law, principles, equal treatment, democracy.
The General Data Protection Regulation (hereinafter, "GDPR") authorises, under certain conditions, a supervisory authority of a Member State to exercise its power to bring any alleged infringement of the GDPR before a court of that State and to initiate or engage in legal proceedings in relation to an instance of cross-border data processing (within the meaning of Article 4.23 of the GDPR),... Read more
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Data, personal character, processing / Protection, data, respect for private life, violation, consent / Supervisory authority / Power to take legal action.
An economically inactive EU citizens has the right to reside in a Member State other than their Member State of origin to be affiliated to the public sickness insurance system of the host Member State in order to obtain medical care financed by that State. However, EU law does not impose the obligation of affiliation free of charge to that system.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
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.
Health insurance, entitlement / Economically inactive citizen residing in another Member State / Member, family, residence, entitlement.
The new disciplinary regime for judges undermines their independence and it does not enable the judges concerned to comply, acting with complete independence, with their obligations under the preliminary ruling mechanism.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
European Union, Court of Justice, jurisdiction / Failure to comply / Regime, disciplinary, judge / Procedure, disciplinary, procedural guarantee / Reference for a preliminary ruling, limitation.
A difference of treatment indirectly based on religion or belief, resulting from such an internal rule, may be justified under certain circumstances.
3.21
General Principles - Equality.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Headscarf, refusal to remove it, dismissal / Religion, employment / Religion, headscarf, symbol, discrimination.
Under Article 66 of the Constitution, the criminal investigation police must be placed under the direction and supervision of the judicial authority. This requirement is not considered to have been respected if general powers of investigation into a major or a minor indictable offence are assigned to officers who, being answerable to the municipal authorities, are not placed under the authority... Read more
3.14
General Principles -
3.17
General Principles - Weighing of interests.
3.22
General Principles - Prohibition of arbitrariness.
4.5.2
Institutions - Legislative bodies - Powers.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Search, body, visual / Search of a person, preserving law and order / Criminal investigation police, officer / Supervision, judicial authority / Video surveillance, cell, custody / Police, surveillance, drone.
According to Article 2 of the Constitution, French must be used by legal persons governed by public law and persons governed by private law when acting in accordance with a public service remit. Private individuals do not have a right to use any language other than French, and cannot be required to use any such language, in their dealings with public administrations or public services. Article... Read more
4.3
Institutions - Languages.
4.3.1
Institutions - Languages - Official language(s).
5.4.1
Fundamental Rights - Economic, social and cultural rights - Freedom to teach.
5.4.21
Fundamental Rights - Economic, social and cultural rights - Scientific freedom.
Language, regional or minority / National language, protection, legitimate objective / Language, teaching.
It is for the legislator to ensure that the objective of constitutional standing of preventing breaches of public order is reconciled with the freedom to come and go, as part of the individual freedom protected by Articles 2 and 4 of the 1789 Declaration, the right to respect for private life and the right to lead a normal family life resulting from the tenth recital of the Preamble to the... Read more
3.16
General Principles - Proportionality.
5.3.4.1
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
5.4.21
Fundamental Rights - Economic, social and cultural rights - Scientific freedom.
Embryos and human foetuses, donation and usage / Human dignity, safeguarding / Medical examination, prenatal.
It is for the legislator to ensure that the constitutional objective of protecting health is reconciled with the requirement to uphold the rights and freedoms enshrined in the Constitution. These include the freedom to come and go, which is part of the personal freedom protected by Articles 2 and 4 of the 1789 Declaration of the Rights of Man and of the Citizen, the right to respect for private... Read more
3.16
General Principles - Proportionality.
4.6.2
Institutions - Executive bodies - Powers.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Health pass, requirement to show / Border controls.
Freedom of association is one of the fundamental principles recognised by the laws of the Republic, which is solemnly reasserted in the Preamble to the Constitution. By virtue of this principle, associations may be freely established and may be made public subject to the sole requirement of the filing of a prior declaration.
3.12
General Principles - Clarity and precision of legal provisions.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.4.1
Fundamental Rights - Economic, social and cultural rights - Freedom to teach.
Public order, safeguarding / Public subsidies, democratic values, prerequisite / Home schooling, authorisation, best interests of the child.
The objection alleging that the legislator violated these constitutional requirements may only be validly referred to the Council in accordance with the procedure provided for under Article 61 of the Constitution or the procedure applicable to priority preliminary rulings on the issue of constitutionality in relation to specific legislation and upon condition that the operative provisions... Read more
3.21
General Principles - Equality.
4.5.2.4
Institutions - Legislative bodies - Powers - Negative incompetence.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Climate change, power of injunction, Environmental Charter / Administrative authorisation.
1. The fundamental right to protection of family life (Article 6.1 of the Basic Law) is not limited to ensuring adequate room for a child’s personal development. It generally aims to protect family ties and also encompasses the relationship between parents and adult children.
2. The protection of family life must also be taken into account when a guardian is appointed. Consequently, Article 6.1... Read more
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.
Family, protection / Family, close relatives, ties / Guardian, choice / Relatives, close, fundamental rights / Child, well-being / United Nations Convention on the Rights of Persons with Disabilities / Person in guardianship, best interests.
1. Within the scope of application of EU law, the question which fundamental rights standards German authorities and courts must apply generally depends on whether the legal matter to be decided is fully determined by EU law.
2. Whether a legal matter is fully determined by EU law generally depends on the provisions from which the legal consequences for the case at issue derive, i.e. whether the... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
3.13
General Principles - Legality.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Charter of Fundamental Rights of the European Union, application / Constitution, primacy, national identity / European Convention on Human Rights, applicability / European Convention on Human Rights, guideline for the interpretation of the Basic Law / European Union, fundamental rights standard / European Union, law, Constitution, relationship, national identity / Mutual recognition, EU Member States / Standard of review, EU law, domestic fundamental rights / Tradition, constitutional, common to member states.
1. The Federal Government’s duty to notify Parliament comprehensively and as early as possible under the second sentence of Article 23.2 of the Basic Law on matters concerning the European Union extends to initiatives and positions taken by the Federal Government. The negotiating position of a cabinet member can be attributed to the Federal Government if said member represents the Federal... Read more
1.3.4.2
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities.
1.3.5.14
Constitutional Justice - Jurisdiction - The subject of review - Government acts.
3.3.1
General Principles - Democracy - Representative democracy.
3.4
General Principles - Separation of powers.
4.5.7
Institutions - Legislative bodies - Relations with the executive bodies.
4.6.2
Institutions - Executive bodies - Powers.
4.17
Institutions - European Union.
Constitutional Justice, types of claim, parliamentary group / Euro area / Euro crisis / Euro Summit / Eurogroup / European Stability Mechanism / European Union, financial assistance / European Union, negotiations, member state, representative / Government, executive decision-making, autonomous / Greece, aid / Greece, debt crisis, aid package / Organstreit (dispute between constitutional organs) / Parliament, budgetary responsibility / Parliament, government, relation, European integration / Parliament, information rights / Parliament, powers, European integration / Parliament, responsibility, European integration / Sovereign debt.
1. The power to issue an order of execution pursuant to § 35 of the Federal Constitutional Court Act is subject to limitations deriving from the principle of the separation of powers (second sentence of Article 20.2 of the Basic Law) and from the fact that the law of procedure in constitutional court cases is necessarily tied to the subject matter in dispute in the proceedings. This gives rise to... Read more
1.2.2.1
Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person.
1.3.4.14
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states.
1.4.9.1
Constitutional Justice - Procedure - Parties -
1.6.6
Constitutional Justice - Effects - Execution.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
3.1
General Principles - Sovereignty.
3.3.1
General Principles - Democracy - Representative democracy.
3.4
General Principles - Separation of powers.
3.19
General Principles - Margin of appreciation.
Assets, financial, purchase / Conferral, principle of / Constitutional Court, judgment, execution, application for order of execution / Constitution, identity / European Central Bank / Democracy, core, right, individual / European Union act, ultra vires, review / European integration, agenda (Integrationsprogramm) / Integration, responsibility (Integrationsverantwortung) / Government bonds, purchase / Monetary policy / Parliament, responsibility, European integration / Self-determination, democratic, right / Sovereign powers, transfer, limits.
1. The Basic Law gives rise to duties of the state to protect confined persons; these duties of protection, however, are not capable of justifying coercive medical treatment if the confined person has ruled out such treatment in a legally effective advance healthcare directive while having the capacity to appreciate the implications of their actions.
2. Individual self-determination based on the... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.1.1.4.2
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.4.1
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments.
Advance health directive / Antipsychotics, treatment / Autonomy, personal / Capacity, insight, treatment / Capacity, mental / Confinement, psychiatric, criminal offender / Coercive treatment, medication / Criminal offender / Danger to self or others / Freedom to be ill / General interest, state, duty of protection / General right of personality / Health, mental / Mentally ill / Medication, neuroleptics / Patient, psychiatry / Protection, duty, state / Psychiatric hospital / Safeguards, procedural, medical treatment, coercive / Health, self-determination / Vulnerable persons.
1. Article 10.1 of the Basic Law not only gives rise to a defensive right of the individual against state interference, but also requires the state to protect individuals from private third parties gaining access to communications that are protected by the privacy of telecommunications.
2.a. The protection of the confidentiality and integrity of information technology systems, as guaranteed by... Read more
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.36.3
Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications.
Communication contents, publicly accessible, participation of the state / Information technology, system, secret infiltration / Information technology systems, confidentiality and integrity, fundamental right / Informational self-determination, right to.
1. When conducting an identity review, the Federal Constitutional Court examines whether the principles that are declared inviolable by Article 79.3 of the Basic Law are affected by a transfer of sovereign powers to the EU, or to an organisation that supplements or is otherwise closely tied to the EU.
2. Bringing a challenge on the basis of constitutional identity, by invoking the right to... Read more
1.2.2.1
Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person.
1.3.4.14
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states.
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
1.3.5.2.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation.
1.4.9.1
Constitutional Justice - Procedure - Parties -
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
3.1
General Principles - Sovereignty.
3.3.1
General Principles - Democracy - Representative democracy.
3.9
General Principles - Rule of law.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
4.16.1
Institutions - International relations - Transfer of powers to international institutions.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
Constitution, identity / Identity review / Democracy, core, right, individual / European Union act, preliminary injunction / European Union act, ultra vires, review / Intellectual property, litigation / International organisation, agreement / International treaty, act of approval / International tribunal, jurisdiction / Patent, dispute / Preliminary injunction, act of approval, ratification / Self-determination, democratic, right / Sovereign powers, transfer, limits / Unified Patent Court.
1. Under the Basic Law, participants in judicial proceedings have the right to appear before an independent and impartial judge who is bound to maintain neutrality and detachment vis-à-vis all parties to the proceedings and vis-à-vis the subject matter of the proceedings. The terms "judge" and "court" are inextricably linked with the notion of neutral conduct of office.
2. The right to one’s... Read more
5.3.13.3.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - “Natural judge”/Tribunal established by law.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Challenging, judge / Challenging, judge, impartiality / Lawful judge, right, violation.
1. Equality considerations in tax law in respect of how interest is incurred and how the interest rate is fixed must be based upon a standard of constitutional review that is fluid and guided by the principle of proportionality. In order to be compatible with the principle of equal burdening, provisions on interest in a tax context must be justified by specific factual reasons, the purpose of... Read more
3.16
General Principles - Proportionality.
3.19
General Principles - Margin of appreciation.
3.20
General Principles - Reasonableness.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
Changes, economic / Equality, fiscal / Excess, prohibited, principle / Tax arrears / Tax law, legislator’s authority to categorise / Tax, burden, equality / Tax, interest rate / Tax, unequal treatment / Taxation, legislative discretion.
1. Where the Court decides on an application for preliminary injunction on the basis of a weighing of consequences, the reasons in favour of granting the injunction must clearly outweigh the reasons against it.
2. Where suspension of a law is sought by way of preliminary injunction – as is the case regarding applications seeking the provisional suspension of electoral amendments – the potential... Read more
1.2.2.4
Constitutional Justice - Types of claim - Claim by a private body or individual - Political parties.
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.4.2
Constitutional Justice - Procedure - Summary procedure.
3.3.1
General Principles - Democracy - Representative democracy.
3.9
General Principles - Rule of law.
3.12
General Principles - Clarity and precision of legal provisions.
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
3.21
General Principles - Equality.
4.5.3.1
Institutions - Legislative bodies - Composition - Election of members.
4.5.10
Institutions - Legislative bodies - Political parties.
4.9.3.1
Institutions - Elections and instruments of direct democracy - Electoral system - Method of voting.
4.9.4
Institutions - Elections and instruments of direct democracy - Constituencies.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
5.3.41.3
Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting.
Bundestag, elections / Constitutional Jurisdiction, types of claim, members of Parliament / Election, equal suffrage / Election, law, reform / Election, Parliament, distribution of seats / Election, ‘overhang mandates’ / Electoral system, proportional representation / Election, political will, formation / Election, preliminary injunction / Equality, political parties / Equality, vote, success value / Margin of appreciation, legislator / Election, party, equal opportunity / Political parties, equal opportunities / Political will, formation.
In all decisions (including court decisions) concerning children that fall within the competence of public authorities, primary importance must be given to safeguarding the "best interests" of the child. The interest of a child who has been cared for from birth by two people (for almost six years) who had jointly decided to bring him or her into the world, is to obtain legal recognition of the... Read more
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
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.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Child, best interest / Motherhood, surrogate / Adoption, special circumstances.
The appearance of highly contagious diseases capable of spreading at a global level would suggest the need, within the constitutional system, for a single regulatory scheme, which is national in character and appropriate for preserving people’s equality in the exercise of their fundamental right to health, whilst also protecting the interests of society in general.
Every decision made in this... Read more
1.2.1.3
Constitutional Justice - Types of claim - Claim by a public body - Executive bodies.
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
1.3.5.8
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities.
1.5.4.5
Constitutional Justice - Decisions - Types - Suspension.
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
1.6.3
Constitutional Justice - Effects - Effect erga omnes.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
3.6.2
General Principles - Structure of the State - Regional State.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
4.8.8.2.1
Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation - Distribution
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Pandemic legislative response / Prophylaxis, inter-connection, national and international level.
The office of honorary judge provided for by the Constitution is compatible with the general rule that appointments of judges should be made by competitive examination provided the judge in question is sitting as a single judge. A judge of a single-member court of first instance may only exceptionally and temporarily sit on the panels of a multi-member court, such as the Court of Appeal.
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
1.6.5.1
Constitutional Justice - Effects - Temporal effect - Entry into force of decision.
1.6.5.5
Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
3.21
General Principles - Equality.
4.7.4.1.1
Institutions - Judicial bodies - Organisation - Members - Qualifications.
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Honorary Judges / Judges, appellate, auxiliary / Judicial function, exercise / Appointment, permanent or temporary / Court of Appeal panels, composition.
Questions had arisen over the constitutionality of the availability of the remedy of reinstatement following dismissal from employment and a possible clash with the principle of equality.
In denying protection in the form of reinstatement when this is excessively onerous, courts are employing a distinguishing case-law criterion, which in turn relies on a changeable case-by-case assessment and on... Read more
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
3.17
General Principles - Weighing of interests.
3.21
General Principles - Equality.
3.22
General Principles - Prohibition of arbitrariness.
5.2.1.2.1
Fundamental Rights - Equality - Scope of application - Employment - In private law.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Workers’ Statute / Dismissal, grounds of good cause / Compensation, court decision / Reinstatement, remedy.
Certain legislative provisions had established compensation for tax collection agencies, in the form of commission to be paid by defaulting tax-payers. This commission should be perceived as having the purpose of covering the overall costs of the taxation service, rather than as some form of remuneration for the subject tasked with the collection of taxes. As it represents compensation, it has... Read more
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
1.6.7
Constitutional Justice - Effects - Influence on State organs.
3.20
General Principles - Reasonableness.
3.22
General Principles - Prohibition of arbitrariness.
5.3.42
Fundamental Rights - Civil and political rights - Rights in respect of taxation.
Collection of taxes / Tax, character, retributive / Tax collection agencies, compensation / Commission payable, delinquent taxpayers.
The Constitutional Council recognised the constitutionality of the Law on "Amendments and additions to certain legislative acts of the Republic of Kazakhstan on the issues of advocacy and legal assistance". Nevertheless, it drew attention to the fact that some of its provisions lacked clarity and were not consistent with related norms. It may therefore fail to be applied properly. Given that, the... Read more
4.7.15.1
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar.
Human rights defender / Protection, legal / Profession, legal, services.
The Constitution requires the Assembly to decide matters within its constitutional authority by majority rule. The conduct of the Speaker of the Assembly in appointing and replacing members of Assembly committees is performed based on the Assembly’s autonomous authority to form and organise its legislative sub-groups.
It falls within the power of the legislator to determine a wide or strict... Read more
3.3.1
General Principles - Democracy - Representative democracy.
4.5.3.4.1
Institutions - Legislative bodies - Composition - Term of office of members - Characteristics.
4.5.4.4
Institutions - Legislative bodies - Organisation - Committees.
4.5.4.5
Institutions - Legislative bodies - Organisation - Parliamentary groups.
4.5.10.3
Institutions - Legislative bodies - Political parties - Role.
Competence, dispute / Parliament, autonomous authority / Parliament, member, free mandate.
The Speaker of the Assembly’s broad discretion to preside over meetings of the Assembly amounts to the autonomous authority of the Assembly. State agencies, including members of the National Assembly, should respect the Speaker’s act of presiding over meetings of the Assembly unless such act clearly violates the Constitution or statutes.
4.5.4.1
Institutions - Legislative bodies - Organisation - Rules of procedure.
4.5.4.3
Institutions - Legislative bodies - Organisation - Sessions.
4.5.4.4
Institutions - Legislative bodies - Organisation - Committees.
4.5.6
Institutions - Legislative bodies - Law-making procedure.
4.9.3
Institutions - Elections and instruments of direct democracy - Electoral system.
Competence, dispute, national assembly / Parliament, committee system / Parliament, filibuster.
To protect the freedom of political expression to the maximum extent possible, it is important to fully protect the information about one’s political expression. Expressing political views against policies etc., of the government is the most essential element in political freedom protected by the Constitution.
In accordance with the principle of cultural state specified in the Constitution, the... Read more
4.4.3.2
Institutions - Head of State - Powers - Relations with the executive bodies.
5.2.2.9
Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.4.22
Fundamental Rights - Economic, social and cultural rights - Artistic freedom.
Blacklist, artist / Data collection, political, opinion / Exclusion, support, government.
Freedom of expression, protected under Article 21.1 of the Constitution, means freedom to express ideas or opinions and communicate them freely.
Such freedom includes expressing and disseminating one's ideas or views, anonymously or under a pseudonym, without revealing their identity to anyone.
4.9.8
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Internet, verification, name / Free speech, anonymous / Press freedom, internet, news, website / Personal, information, right, self-determination.
An unreasonably high size of the State fee on civil claims of a property nature becomes a real obstacle to the realisation of the right to judicial protection.
1.4.14.1
Constitutional Justice - Procedure - Costs - Waiver of court fees.
1.4.14.3
Constitutional Justice - Procedure - Costs - Party costs.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
State fee, obstacle / Legal expenses / Equality, right / Judicial protection / Property dispute.
The level of legal training of a judge, his or her qualifications and competence are the cornerstones of the judicial function, since not only the direct result of their work - the quality of judicial acts and the administration of justice, but also the level of public confidence in the judiciary depends on them.
4.7.4.1.1
Institutions - Judicial bodies - Organisation - Members - Qualifications.
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
4.7.4.1.6
Institutions - Judicial bodies - Organisation - Members - Status.
Competence, cornerstone, judicial function / Qualifications, cornerstone, judicial function / Equality, right / Non-discrimination, guarantee.
Revocation of a license to practice law without the possibility of reapplying for such a license after a certain period of time is a restriction disproportionate to the constitutionally legitimate goal pursued.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
4.7.15.1
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar.
4.7.15.1.3
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Role of members of the Bar.
4.7.15.1.4
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Status of members of the Bar.
4.7.15.1.5
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Discipline.
5.2
Fundamental Rights - Equality.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Licence to practice law, revocation / Licence to practice law, reapplication right.
The independence of the judicial branch of power is necessary for fulfilling the mission entrusted to it by the Constitution. In a state governed by the rule of law, this is a guarantee that the justice system will operate fairly and effectively. The independence granted by the Basic Law to the judiciary is not a prerogative or privilege, but a guarantee of fair, impartial and effective... Read more
3.4
General Principles - Separation of powers.
4.5.2
Institutions - Legislative bodies - Powers.
4.5.4.1
Institutions - Legislative bodies - Organisation - Rules of procedure.
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
4.7.7
Institutions - Judicial bodies - Supreme court.
Parliament, right to be informed / Public authority, accountability / Openness, principle / Judicial authority, independence.
1. Victim's consent is not required to conclude a Procedural Plea Bargain Agreement.
2. Procedural Plea Bargain Agreement and Procedural Agreement on Collaboration cannot be concluded with a minor.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.13.19
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
Plea bargain, agreement / Criminal Procedure Code / Equality, right / Non-discrimination, age.
In the current legal regulation, the establishment of qualification requirements for candidates to fill a vacant public civil position, including the work experience in certain positions, is determined by the goal of creating an effective state apparatus and maintaining a high level of state power.
4.6.9
Institutions - Executive bodies - The civil service.
4.6.9.1
Institutions - Executive bodies - The civil service - Conditions of access.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
Civil servant, recruitment, qualification requirements / Qualification requirement, different.
Article 25 Partnership Act, which prohibits same-sex partners living in a registered partnership from adopting their partner’s child (stepchild adoption), is unconstitutional and violates Article 8 ECHR in conjunction with Article 14 ECHR.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
Constitution, judicial review / Adoption, stepchild, same-sex couples.
The Constitution prohibits the re-establishment of a law declared to be unconstitutional. It also prohibits the re-establishment of a law that is incompatible with the concept of constitutional provisions that is set out in decisions of the Constitutional Court. This constitutional prohibition on overruling a final decision of the Constitutional Court is a means by which the Constitution secures... Read more
1.6.5.2
Constitutional Justice - Effects - Temporal effect - Retrospective effect
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
Bankruptcy, natural person / Compensation, material, damage, moral, / Overruling, force, act, final, Constitutional Court / Finality, non-appealability, decisions, Constitutional Court / Retroactive application, ruling, Constitutional Court / Consequences, unlawful.
The principle of a fair electoral process not infringed by encouraging voters to participate or abstain from participating in elections, where such encouragement is based on the opinions of well-known individuals in society or their nomination as candidates for election. Nor is it infringed by encouraging voters, on the same basis, to vote in favour of an entity exercising the passive electoral... Read more
4.5.3.1
Institutions - Legislative bodies - Composition - Election of members.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.17.1.1
Institutions - European Union - Institutional structure - European Parliament.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Mandate, parliament / Electoral process, fair / Electoral right, passive / Electoral process, transparency.
Based on Articles 1, 2, 4 and 41 of the Constitution, and the interpretation of Articles 2, 3, 25 and 26 of the International Covenant on Civil and Political Rights, Articles 1, 23, 24 of the American Convention on Human Rights, Articles 1, 2, 3 and 7 of the International Convention on the Elimination of All Forms of Racial Discrimination, the horizontal principles of gender parity include a... Read more
2.1.1.4.7
Sources - Categories - Written rules - International instruments - International Convention on the Elimination of all Forms of Racial Discrimination of 1965.
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
4.5.3
Institutions - Legislative bodies - Composition.
4.9.1
Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting.
4.9.3
Institutions - Elections and instruments of direct democracy - Electoral system.
4.9.10
Institutions - Elections and instruments of direct democracy - Minimum participation rate required.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.3
Fundamental Rights - Equality - Affirmative action.
Woman, rights, advancements / Gender equality, fundamental value, democracy / Women’s quota / Electoral Management Authority / Election, list / Coalition.
The early termination or revocation of a mandate is a fundamental right of indigenous communities as an exercise of self-government. However, such termination must allow the authorities, whose mandate is discussed, to be heard and the citizens must be allowed to engage in a deliberative process.
3.3
General Principles - Democracy.
4.5.3.4.3
Institutions - Legislative bodies - Composition - Term of office of members - End.
4.6.4.1
Institutions - Executive bodies - Composition - Appointment of members.
4.7.1.3
Institutions - Judicial bodies - Jurisdiction - Conflicts of jurisdiction.
4.9.1
Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting.
5.2.2.3
Fundamental Rights - Equality - Criteria of distinction - Ethnic origin.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
5.5.5
Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights.
Indigenous community / Indigenous people rights / Practices, customs, protection, right to be consulted / Consultation process.
Mexico has a system of mixed proportionality and that legislators are elected by both, the principle of relative majority and proportional representation, and therefore distortions can exist between votes obtained and seats assigned. Distortions occur because the system gives precedence to the majority principle and therefore prevents relative majority wins from being subject to downward... Read more
3.3.1
General Principles - Democracy - Representative democracy.
3.23
General Principles - Equity.
4.5.3.1
Institutions - Legislative bodies - Composition - Election of members.
4.5.3.4.1
Institutions - Legislative bodies - Composition - Term of office of members - Characteristics.
4.9.1
Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting.
4.9.3.1
Institutions - Elections and instruments of direct democracy - Electoral system - Method of voting.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
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
Fundamental Rights - Civil and political rights - Electoral rights.
Proportional representation / Relative majority / Legislative over-representation / Legislative under-representation / Political parties / Electoral coalitions / proportional representation deputies.
Persons in preventive detention have the right to vote even though the Constitution prohibits it, because they are protected under the principle of presumption of innocence.
National, regional and international judicial bodies have developed an evolving interpretation of the right to vote and the presumption of innocence, which extends the scope and protection of human rights to the greatest... Read more
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.29
Fundamental Rights - Civil and political rights - Right to participate in public affairs.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
Indigenous community / Indigenous people rights / Presumption of innocence / Prisoner, right to vote.
The implementation of a mobile application is justified as it only implies updating the data collection methods by means of technology commonly used by the population, and allows for greater certainty regarding the willingness of those who wish to join a political association, and regarding the number of members required to achieve the national political party registration.
3.3.1
General Principles - Democracy - Representative democracy.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Mobile application, political association, affiliation process, fraud / Political party registration / Information technology, access, privilege.
It is not punishable to express criticism of the leadership of a political party if it is proven that it does not affect the rights of third parties or the party itself, or that it has caused a crime or disturbed public order. Statements of a political actor through a social network are protected by the right to freedom of expression and may not be sanctioned through the suspension of party... Read more
4.5.10
Institutions - Legislative bodies - Political parties.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
Political party, affiliation, prohibition to communicate / Political party, democratic functioning / Political party, democratic organisation / Political party, internal decision / Political party, criticism, social media.
The Congress of the State of Hidalgo committed a relative legislative omission with regards to the political electoral rights of people with disabilities because although it adopted the Comprehensive Law for Persons with Disabilities of the State of Hidalgo, including Chapter XI "On Political Rights" this regulation is incomplete and incomprehensive and does not comply with the mandate of... Read more
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.2.3
Fundamental Rights - Equality - Affirmative action.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
Candidates, equal opportunities / Public service, access, right / Disability, persons, rights / Legislative omission / Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities / Convention on the Rights of Persons with Disabilities / General Comment of the Committee on the Rights of Persons with Disabilities.
Article 19.1.e of the Law on the Constitutional Court, according to which the mandate of a judge at the Constitutional Court ends by lifting his or her immunity in case a violation of the legal regime of conflicts of interest could be established, is unconstitutional, as it would lead to an external control of jurisdictional activity of the Constitutional Court and its judges.
The appointment of... Read more
1.1.3.3
Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Privileges and immunities.
1.1.3.5
Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Disciplinary measures.
1.1.3.6
Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Irremovability.
3.1
General Principles - Sovereignty.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Constitutional Court, judge, independence, impartiality, fair trial / Conflict of interest, official, high / Recusal, constitutional judge, judicial conditions / Recusal, constitutional judge, executive body / Constitutional judge, conflict of interest.
Voting, in a fast-track procedure, on the modification of the basic body (Permanent Bureau) of the Parliament, without providing Members of Parliament with the opportunity to know the content of the draft decision beforehand, exceeds Parliament's discretion in organising parliamentary proceedings and does not strike a fair balance between the principle of parliamentary autonomy and the right of... Read more
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
4.5.4.1
Institutions - Legislative bodies - Organisation - Rules of procedure.
4.5.6.1
Institutions - Legislative bodies - Law-making procedure - Right to initiate legislation.
4.5.6.4
Institutions - Legislative bodies - Law-making procedure - Right of amendment.
Shortcomings, legislative process / Parliament, autonomy, principle, right to initiate legislation.
Article 422 of the Code of Criminal Procedure allows filing an ordinary appeal within 30 days from the date of the decision of the appellate court but does not specify whether the time-limit runs from the date of pronouncing the full decision of the appellate court or from the date of pronouncing the operative part of the decision.
Article 422 of the Code of Criminal Procedure is constitutional... Read more
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.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Criminal procedure, appeal, time-limit, access to a court / Criminal procedure, decision, operative part.
Article 129.19 of the Fiscal Code which provides that information constituting a tax secret is not disclosed by the tax authorities to persons requesting it has to be balanced with Article 34 of the Constitution (right to information), Article 54 of the Constitution (restriction on the exercise of certain rights or freedoms) and Article 58 of the Constitution (financial contributions).
The right... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
Fiscality, access to information, limits, balancing exercise.
Article 287.1 of the Criminal Code regulates the offence of hooliganism and contains notions defining criminal hooliganism which do not meet the standard of the quality of law due to lack of precision with regards to the requirements of clarity and foreseeability of criminal law.
To be constitutional, Article 287.1 of the Criminal Code must meet the requirements of Article 1.3 and Article 22 of... Read more
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
3.13
General Principles - Legality.
3.14
General Principles -
Criminal law, offence, imprecise phrasing, foreseeability.
Politicians should be able to address topics that are of general interest, even if it hurts, shocks or upsets others; however, politicians have a responsibility in the public debate to prevent the spreading of statements that are in breach of the law and the foundations of the rule of law in a democratic society. This includes statements that directly or indirectly incite intolerance. This means... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Speech, political / Freedom of expression, politician, inciting intolerance, conviction / Discrimination, national origin, insult.
State secularism requires religious groups to be registered on an official state register. The imposition of a requirement that such a group has a minimum number of members in order to be registered is, however, unconstitutional. Such a requirement breaches the right of equality and the right of religious freedom.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
Religion, freedom / Rights, collective / Equality, right.
Article 20 of the Civil Code must be interpreted in accordance with the right to equality. Accordingly, it must be interpreted so as not to establish an order of priority between paternal and maternal surnames.
5.1
Fundamental Rights - General questions.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
Constitutionality, control, diffuse / Equality, gender / Discrimination, prohibition.
Decisions of the National Superintendency of Migration must with the right to administrative due process and the right to receive a reasoned decision. Compliance with these rights is of particular importance where the right to family life and marriage is involved, not least where they are engaged in respect of an individual’s change of status from that of a tourist to that of a resident family... Read more
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
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.
Administration, due process, right / Reasoned decision, right / Family life, protection, right / Marriage, right.
Public institutions have a constitutional duty to protect the environment. That is a matter of public policy. It is a duty that is also connected with the duty to protect citizens' rights to health and life. Applying these duties entails that the installation of cell phone antennas that may affect the environment must be carried out consistently with the precautionary and preventive principles.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Environment, balanced, adequate, right / Principle, precautionary / Prevention, principle.
When proceedings involve ‘continuous criminal activities’ that have taken place over a period of time, the applicable criminal law regime must be determined with reference to the date of the last fact included within those continuous activities, regardless of whether it includes more serious facts which occurred earlier. This interpretation of the law does not violate the principle of legal... Read more
3.10
General Principles - Certainty of the law.
5.3.38.1
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law.
Continuous criminal activity, sanctions.
Questions had arisen over legislation that stipulates that minors can only take part in television programmes after a request for authorisation has been submitted to the Commission for the Protection of Children and Young Persons and once such authorisation has been granted.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Minors, cultural activities, participation.
Questions had arisen over the constitutionality of regional government rules which subjected passengers who landed in the Azores Autonomous Region to mandatory confinement for fourteen days.
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
1.3.4.4
Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities.
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
4.8.8
Institutions - Federalism, regionalism and local self-government - Distribution of powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic / Regional rules, COVID 19, mandatory confinement.
The Court found no unconstitutionality in an interpretation of Article 13.3 of Law no. 42/2017 of 14 June 2017 whereby, for the purpose of the effects provided for therein, rented real-estate properties in which a commercial establishment of effective historical interest is currently functioning and has submitted a request for recognition as such before the date on which the current rental... Read more
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.13
Fundamental Rights - Economic, social and cultural rights - Right to housing.
5.4.20
Fundamental Rights - Economic, social and cultural rights - Right to culture.
Property right, limitation / Rental regime / Heritage, cultural, protection.
The Court found no unconstitutionality in a normative interpretation of Articles 17, 53.2.b, and 269.1.f of the Code of Criminal Procedure, which determine that the Criminal Investigating Judge lacks the competence to gauge the possible procedural invalidity of the decisions taken by the Public Prosecutor’s Office during the investigation phase regarding:
i. the designation of a person as... Read more
4.5.2
Institutions - Legislative bodies - Powers.
4.6.2
Institutions - Executive bodies - Powers.
Criminal procedure / Criminal investigation / Public prosecutor, role / Defendant, identification.
The conditions under which, the advance directives regarding medically assisted suicide are permissible, must be clear, precise, possible to anticipate and controllable. The concept of "unbearable suffering", although indeterminate, is determinable according to the rules of the medical profession. The concept of "definitive injury of extreme severity in accordance with scientific consensus", due... 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.
Constitutionality, review / Suicide, medically assisted / Unbearable suffering.
The power to execute the declaration of a state of emergency encompassing all measures suitable and necessary to restore constitutional normalcy is directly based on Article 19.8 of the Constitution. The Executive is empowered to not only issue primary norms in matters related to basic freedoms, such as those imposing a lockdown, an area normally reserved to statute, but also to issue secondary... Read more
4.4.3.2
Institutions - Head of State - Powers - Relations with the executive bodies.
4.5.2
Institutions - Legislative bodies - Powers.
4.5.6
Institutions - Legislative bodies - Law-making procedure.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
Emergency measure / Executive power / Criminal punishment, fine.
1. Law 38/2018 falls wholly and squarely within the area of basic freedoms reserved by Article 165.1.b of the Constitution to statute, since it explicitly draws a right to gender self-determination and expression of gender from the fundamental rights to the free development of one’s personality and to personal identity.
2. The area of basic freedoms is subject to a strict statutory proviso,... Read more
4.4.3.2
Institutions - Head of State - Powers - Relations with the executive bodies.
4.5.2
Institutions - Legislative bodies - Powers.
4.5.6
Institutions - Legislative bodies - Law-making procedure.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
Constitutionality, review / Gender identity / Decree, ministerial / Educational system.
1. The provisions that establish the causes of suspension of time-barring periods, although not directly contemplated by the letter of Article 29 of the Constitution, are covered, in principle, by the prohibition of retroactive application of the law.
2. In the present case, Article 7.3.4 of Law 1-A/2020, of 19 March which provided for the suspension of the time-barring periods regarding... Read more
5.3.38
Fundamental Rights - Civil and political rights - Non-retrospective effect of law.
COVID-19, pandemic / Administrative proceedings / Time-bar, criminal and administrative offences / Suspension.
Opening a bank account without having a registered place of permanent residence is not prohibited.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.3.10
Fundamental Rights - Civil and political rights - Rights of domicile and establishment.
Bank account, credit institutions / Place of permanent residence, place of temporary residence, registration.
Ambiguity and inconsistency in legislative regulations prevent their contents and aim from being properly understood. This opens the door to arbitrary administrative decisions and selective justice, weakening safeguards that protect constitutional rights and freedoms. Where the applicable provisions contain such ambiguity and inconsistency, they will be regarded as contrary to the Constitution.
5.1.1.5.1
Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Animal disease, compensation, infection, spread / Fault, reparation.
A lawyer cannot refuse to be searched. Accordingly, to protect his/her rights in this event, provision must be made for the possibility of recording in writing the reasons for the search, what happens during it and its outcomes.
4.7.15.1.4
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Status of members of the Bar.
Search, lawyer, law, protection, inspection, remand facility / Item, prohibited, telephone.
The positive obligation of the state in cases concerning the exercise of parental rights means that the state will take all measures to reunite parents with their children. The adequacy of the measures taken to give effect to those rights should, amongst other things, be assessed in terms of the speed of their implementation.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Child, care, custody / Rights, parental.
A referendum on recalling the parliament and holding subsequent early elections is currently not possible under the Slovak Constitution as it would contradict the principle of generality of legal norms and the principle of separation of powers, since the power to dissolve the parliament lies with the President of the Republic.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
3.3.2
General Principles - Democracy - Direct democracy.
3.4
General Principles - Separation of powers.
4.9.2.1
Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Admissibility.
4.9.2.2
Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Effects.
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.
Referendum, constitutional amendment / Referendum, constitutional, implementation of results / Referendum, preliminary review / Referendum, premature election / Election, referendum.
The State is not only bound by a negative duty to refrain from interferences with the right of peaceful assembly and public meeting, but also by a positive duty to foster and protect the exercise of this right.
When adopting measures to fight the spread of COVID-19, the Government must duly consider the proportionality of the envisaged measures and apply less stringent measures if such are... Read more
3.4
General Principles - Separation of powers.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
3.19
General Principles - Margin of appreciation.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures.
The governmental ordinances prohibiting public protests and strictly limiting the number of participants severely interfere with the right of peaceful assembly and meeting in public as provided in Article 42 of the Constitution due to their length and effects.
The State is not only bound by a negative duty to refrain from interferences with the right of peaceful assembly and public meeting, but... Read more
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / Social distancing / Hygiene concept.
The permissibility of cession of rights in a long-term lease agreement. The contextual approach to interpreting a contract can be taken in determining the nature of the rights and obligations that flow from it and whether those rights can be ceded. Rights that are personal to a party may not be ceded. Contextual evidence may be necessary for contractual interpretation to determine whether rights... Read more
2.3.10
Sources - Techniques of review - Contextual interpretation.
3.10
General Principles - Certainty of the law.
3.11
General Principles - Vested and/or acquired rights.
5.1.1.5.1
Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Contract, interpretation, contextual approach / Delectus personae / Contextual evidence, admissibility / Parole evidence rule / Rights, cession, permissibility.
Contempt of court proceedings exist to protect the rule of law and the authority of the Judiciary, and any disregard of an order of the Constitutional Court requires its intervention. A former President may be guilty of contempt of court for failure to comply with a Constitutional Court order. Where contempt of court consists of the failure to comply with a court order, the party in whose favour... Read more
1.4.2
Constitutional Justice - Procedure - Summary procedure.
3.9
General Principles - Rule of law.
5.3.13.1.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
Contempt of court, proceedings / Administration of justice / Judicial integrity / Court, dignity / Sanction, punitive / Committal, unsuspended.
The investigative powers of the Public Protector, provided in Section 182 of the Constitution, are concerned with state affairs, not private affairs. Affairs relating to donations received for a campaign to be elected as a political party leader constitute private affairs, which the Public Protector does not have the power to investigate. A President is not obliged to disclose the source of funds... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.18
General Principles - General interest.
4.12.3
Institutions - Ombudsman - Powers.
Public Prosecutor, duties / Public Protector, investigative powers / President, duty to disclose funding for campaign to be elected as a political party leader / President, personal benefit.
A statutory provision prohibiting "hurtful" speech is impermissibly vague, unjustifiably limits the right to freedom of expression, and is therefore unconstitutional. Where a statutory provision is declared unconstitutional, but an interim reading preserves part of the original provision, and liability can be established in terms of that interim reading, it does not offend the principle of the... Read more
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.20
General Principles - Reasonableness.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.38.2
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Civil law.
Hate speech, prohibition, vague.
Posing with dead bodies during an armed conflict may be regarded as having subjected the dead persons to humiliating or degrading treatment, which is considered to seriously violate personal dignity, and is accordingly a war crime.
War crimes against a person are per se deemed to constitute crimes of the character of which normally calls for the imposition of a term of imprisonment.
2.1.1.4.17
Sources - Categories - Written rules - International instruments - Statute of the International Criminal Court of 1998.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
Dead person, humiliating or degrading treatment / Dead person, personal dignity / Armed conflict, posing with dead bodies / International humanitarian law / War crime.
Unlawful portrayal of violence is a crime and the act that is punishable is the intentional spread and portrayal of aggravated violence directed against people or animals; however, an exemption applies for acts – such as news coverage – which due to the circumstances are deemed excusable.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
Media, rights, audio-visual media and other means of mass communication / Media, terrorist, attack, video recording, spread.
In the assessment of whether there are special reasons for a change of name of an EU citizen, the requirements of EU law must be considered. The fact that an EU citizen is obliged to use different names in different Member States may entail an obstacle to the person’s right to free movement in accordance with EU law.
3.26
General Principles - Fundamental principles of the Internal Market.
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
Free movement of persons, family name / Family name, change.
The freedoms set out in the Swedish Constitution imply a right to express opinions, participate in demonstrations and be a member of organisations. Thus, a weapons licence cannot be revoked solely because of a person's views or membership in a political organisation or participation in meetings and manifestations organised by the organisation.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Civil rights / Demonstration, participation / Firearm, permit / Weapon, licence.
Articles 8.2 and 8.3 of the Federal Constitution, Articles 8.1.f and 15 of the Federal Act on Compulsory Unemployment Insurance and Compensation in the Event of Insolvency (hereinafter, "LACI"); Article 3.1 and 3.2 of the Federal Act on Equality between Women and Men (hereinafter, "LEg")
When assessing whether a pregnant woman seeking permanent employment is available for work, the time... Read more
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.4.15
Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits.
Unemployment, benefit, condition / Unemployment, benefits, equality / Pregnancy, treatment, difference.
Articles 13, 26 and 27 of the Federal Constitution; Article 8 ECHR; Article 3 of the Federal Act on the Freezing and Restitution of Illicitly Acquired Assets of Foreign Politically Exposed Persons (hereinafter, "LVP"); asset freeze ordinance in the context of Ukraine (hereinafter, the "Ukraine Ordinance"); refusal to remove a name from the Ukraine Ordinance list; lifting of the freeze;... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
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.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Assets, freeze / Corruption, investigation / Mutual legal assistance, international / Funds, freeze / Suspicion, legitimate.
Articles 5.1, 8.1 and 8.2 of the Federal Constitution; non-re-election of an administrative judge on grounds of age; compatibility with the principle of legality, the prohibition of discrimination and the general principle of equality.
The practice of the Grand Council of Zurich canton (hereinafter, the "Zurich parliament") of not re-electing judges of the canton's supreme courts if, by the... Read more
3.13
General Principles - Legality.
4.7.4.1.3
Institutions - Judicial bodies - Organisation - Members - Election.
4.7.4.1.5
Institutions - Judicial bodies - Organisation - Members - End of office.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
Discrimination, age / Election, candidate, eligibility / Election, eligibility requirements / Election, eligibility, restriction / Eligibility, age / Judicial office, election / Public office, age limit / Judge, candidacy for election.
Public officials responsible for the administration of prisons are required to take necessary steps to ensure the best interests of the family and of children where parents are imprisoned.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Parent, imprisonment, communication, children / Prisoner, phone call / Administration, prison, discretion.
The disclosure of an individual’s, including a politician’s, personal data on public platforms without their consent or in the absence of a legitimate aim does not fall within the freedom of expression. It therefore constitutes a violation of the right to privacy.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Data, personal, disclosure / Data, personal, content, compensation / Social media, expression.
Members of parliament cannot be stripped of their immunity on the basis of a vague interpretation of general provisions of the Constitution, e.g., the provision prohibiting abuse of fundamental rights.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
Social media, propaganda, terrorism / Parliament, membership, removal / Parliament, immunity / Imprisonment, politician.
The provisions of the Law "On Ensuring the Functioning of the Ukrainian Language as the State Language" of 25 April 2019 no. 2704 – VIII as amended by the Laws no. 113-IX and 114-IX of 19 September 2019, mo. 531-IX of 17 March 2020, Electoral Code no. 396-IX of 19 December 2019 comply with the Constitution.
Summary
I. 51 People's Deputies, who have the right to constitutional petition,... Read more
5.2.2.10
Fundamental Rights - Equality - Criteria of distinction - Language.
5.3.40
Fundamental Rights - Civil and political rights - Linguistic freedom.
Language, state, status, constitutional / Act, individual / Language, minority, non-discriminatory, approach / Prohibition, privileged status, language, national minority.
Article 6.6 of the Law on "Remuneration of Labour" of 24 March 1995, no. 108/95–VR as amended by the Law on "Amendments to Some Legislative Acts" of 6 December 2016, no. 1774–VIII states that the minimum official salary (tariff rate) shall be set at an amount not less than the subsistence level established for able-bodied persons on 1 January of the calendar year. The mentioned article as well as... Read more
4.6.2
Institutions - Executive bodies - Powers.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Minimum subsistence / Salary, minimum / Work, right / Tariff, limit, determination / Salary, minimum, determination, Cabinet of Ministers / Minimum subsistence, determination, legislator.
Several provisions of Article 471.2 of the Customs Code, namely those stating that "in cases when the direct objects of the offense are goods whose movement across the customs’ border of Ukraine is prohibited or restricted by the legislation of Ukraine, then these goods are confiscated" do not comply with the Constitution of Ukraine (are unconstitutional).
Summary
I. Olena Odintsova... Read more
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Property, confiscation, court, decision, / Property right, limitation / Confiscation, administrative penalty / Good, transborder movement, limitation.
The provision of Article 294.10 of the Code of Administrative Offenses ("the decision of the appellate court enters into force immediately after its adoption, is final and may not be appealed") complies with the Constitution (is constitutional).
4.5.2
Institutions - Legislative bodies - Powers.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
5.3.13.5
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Suspensive effect of appeal.
Margin of appreciation / Offence, administrative / Review, judicial / Appeal procedure / Cassation, appeal / Difference in treatment, criminal offence, administrative offence.
Ramos v. Louisiana, no. 18-5924, 20.04.2020, [USA-2021-1-017], will not be applied retroactively to overturn final convictions on federal collateral review.
The general rule is that on balance, the costs imposed on the state by retroactive application of new rules of constitutional law for habeas corpus proceedings far outweigh the benefits of application.
The new rule announced in... Read more
5.3.13.3.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts -
5.3.13.10
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial by jury.
Federal collateral review / Jury, unanimity / New rule, retroactive application.
Philadelphia’s ultimatum to Catholic Social Services refusing to contract with CSS unless CSS certified same-sex couples for foster care violated the Free Exercise Clause of the First Amendment.
Philadelphia’s policy and ultimatum to CSS were not generally applicable under Smith, so the Supreme Court reviewed Philadelphia’s actions under strict scrutiny.
Under the standard of review of... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
3.17
General Principles - Weighing of interests.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Non-discrimination provision / State policy, generally applicable / State policy, neutral.
Plaintiff-respondents improperly seek extraterritorial application of the Alien Tort Statute (hereinafter, "ATS").
There is a presumption that a statute applies only domestically except if there is a clear indication that rebuts this presumption.
If the statute does not apply extraterritorially, the plaintiffs bear the burden to establish the defendants’ conduct relevant to the statute occurred... Read more
1.3.1
Constitutional Justice - Jurisdiction - Scope of review.
4.7.1.3
Institutions - Judicial bodies - Jurisdiction - Conflicts of jurisdiction.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Domestic activity, sufficient / Extraterritoriality, presumption against / Personal jurisdiction / Private right of action, limited circumstances.
When the government physically acquires private property for a public use, the Takings Clause of the Fifth Amendment requires the state to provide the property owner with just compensation.
When the government imposes regulations that restrict a property owner’s ability to use his own property, courts balance competing factors to determine whether this "regulatory taking" has gone "too far" to... Read more
3.17
General Principles - Weighing of interests.
4.8.2
Institutions - Federalism, regionalism and local self-government - Regions and provinces.
5.3.39.1
Fundamental Rights - Civil and political rights - Right to property - Expropriation.
Compensation, just / Physical taking, per se / Right to take access, labour organisations.
Courts must balance the student’s right to free expression against the state’s interest for public schools to promote good manners and prevent disruption.
A public high school punishing a student for vulgar comments made against the school outside of school hours and away from campus violated the student’s First Amendment free speech rights.
The student’s speech, though vulgar, also did not... Read more
3.17
General Principles - Weighing of interests.
3.20
General Principles - Reasonableness.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Speech, freedom of / Speech, limitations on / Regulations, public high school.
California’s compelled disclosure of charitable organisations’ donor information is reviewed under the exacting scrutiny standard.
California’s compelled disclosure requirements violated the freedom of association rights of the First Amendment because California failed to show that there exists a substantial relation between its disclosure requirements and a sufficiently important governmental... Read more
3.17
General Principles - Weighing of interests.
4.8.2
Institutions - Federalism, regionalism and local self-government - Regions and provinces.
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.
Disclosure, compelled / Disclosure, donor information / Registration, charitable organisations.
To determine whether there has been a violation of the federal Voting Rights Act of 1965, courts weigh a variety of factors when considering the balancing test of "totality of the circumstances."
Arizona’s voting policies did not violate the federal Voting Rights Act, and Arizona’s ballot-collection law was not enacted with a discriminatory purpose.
Arizona’s requirements did not exceed the... Read more
3.17
General Principles - Weighing of interests.
4.8.2
Institutions - Federalism, regionalism and local self-government - Regions and provinces.
4.9.9.1
Institutions - Elections and instruments of direct democracy - Voting procedures - Polling stations.
4.9.9.3
Institutions - Elections and instruments of direct democracy - Voting procedures - Voting.
4.9.9.6
Institutions - Elections and instruments of direct democracy - Voting procedures - Casting of votes.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
Effect, adverse and disparate / Voting, traditional in-person ballot / Voting, early ballot.
1.1.3.3 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Privileges and immunities. MDA-2021-2-011 1.1.3.5 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Disciplinary measures. MDA-2021-2-011 1.1.3.6 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Irremovability. MDA-2021-2-011 1.2.1.3 Constitutional Justice - Types of claim - Claim by a public body - Executive bodies. ITA-2021-2-005 1.2.2.1 Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person. GER-2021-2-013, GER-2021-2-016 1.2.2.4 Constitutional Justice - Types of claim - Claim by a private body or individual - Political parties. GER-2021-2-019 1.2.3 Constitutional Justice - Types of claim - Referral by a court. AZE-2021-2-003, ITA-2021-2-004, ITA-2021-2-006, ITA-2021-2-007, ITA-2021-2-008 1.3.1 Constitutional Justice - Jurisdiction - Scope of review. USA-2021-2-024 1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review. GER-2021-2-019 1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review. GER-2021-2-019 1.3.4.2 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities. GER-2021-2-012 1.3.4.3 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities. ITA-2021-2-005, POR-2021-2-005 1.3.4.4 Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities. POR-2021-2-005 1.3.4.7.2 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights. POR-2021-2-005 1.3.4.14 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states. GER-2021-2-013, GER-2021-2-016 1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties. GER-2021-2-016 1.3.5.2.2 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation. GER-2021-2-016 1.3.5.8 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities. ITA-2021-2-005 1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts. GER-2021-2-012 1.4.2 Constitutional Justice - Procedure - Summary procedure. GER-2021-2-019, RSA-2021-2-006 1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi. GER-2021-2-013, GER-2021-2-016 1.4.14.1 Constitutional Justice - Procedure - Costs - Waiver of court fees. KGZ-2021-2-001 1.4.14.3 Constitutional Justice - Procedure - Costs - Party costs. KGZ-2021-2-001 1.5.4.5 Constitutional Justice - Decisions - Types - Suspension. ITA-2021-2-005 1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures. ITA-2021-2-005 1.6.3 Constitutional Justice - Effects - Effect erga omnes. ITA-2021-2-005 1.6.5.1 Constitutional Justice - Effects - Temporal effect - Entry into force of decision. ITA-2021-2-006 1.6.5.2 Constitutional Justice - Effects - Temporal effect - Retrospective effect (ex tunc). LTU-2021-2-004 1.6.5.5 Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect. ITA-2021-2-006 1.6.6 Constitutional Justice - Effects - Execution. GER-2021-2-013 1.6.7 Constitutional Justice - Effects - Influence on State organs. ITA-2021-2-008 2.1.1.1 Sources - Categories - Written rules - National rules. ITA-2021-2-005 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. CZE-2021-2-004, CZE-2021-2-005, ITA-2021-2-005 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. GER-2021-2-011 2.1.1.4 Sources - Categories - Written rules - International instruments. BEL-2021-2-006 2.1.1.4.3 Sources - Categories - Written rules - International instruments - Geneva Conventions of 1949. ECH-2021-2-018 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. CZE-2021-2-005, GER-2021-2-011, NED-2021-2-001 2.1.1.4.7 Sources - Categories - Written rules - International instruments - International Convention on the Elimination of all Forms of Racial Discrimination of 1965. MEX-2021-2-003 2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966. MEX-2021-2-003 2.1.1.4.11 Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969. MEX-2021-2-003, MEX-2021-2-009 2.1.1.4.15 Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989. ARG-2021-2-002, CZE-2021-2-005 2.1.1.4.17 Sources - Categories - Written rules - International instruments - Statute of the International Criminal Court of 1998. SWE-2021-2-005 2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000. GER-2021-2-011 2.2.1.1 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions. GER-2021-2-013, GER-2021-2-016 2.2.1.6 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law. GER-2021-2-011, GER-2021-2-013, GER-2021-2-016 2.2.2.2 Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law. ITA-2021-2-005, SVK-2021-2-001 2.3.10 Sources - Techniques of review - Contextual interpretation. RSA-2021-2-005 3.1 General Principles - Sovereignty. BRA-2021-2-019, GER-2021-2-013, GER-2021-2-016, MDA-2021-2-011 3.3 General Principles - Democracy. MEX-2021-2-004 3.3.1 General Principles - Democracy - Representative democracy. ECJ-2021-2-009, GER-2021-2-012, GER-2021-2-013, GER-2021-2-016, GER-2021-2-019, KOR-2021-2-006, MEX-2021-2-005, MEX-2021-2-007 3.3.2 General Principles - Democracy - Direct democracy. SVK-2021-2-001 3.4 General Principles - Separation of powers. ECJ-2021-2-008, GER-2021-2-012, GER-2021-2-013, ITA-2021-2-004, KGZ-2021-2-004, LTU-2021-2-004, SLO-2021-2-005, SVK-2021-2-001 3.6.2 General Principles - Structure of the State - Regional State. ITA-2021-2-005 3.7 General Principles - Relations between the State and bodies of a religious or ideological nature. USA-2021-2-023 3.8 General Principles - Territorial principles. BRA-2021-2-019 3.9 General Principles - Rule of law. ALG-2021-2-005, CRO-2021-2-006, CRO-2021-2-008, CRO-2021-2-010, CZE-2021-2-004, CZE-2021-2-005, GER-2021-2-016, GER-2021-2-019, ITA-2021-2-004, ITA-2021-2-005, LTU-2021-2-004, RSA-2021-2-006, RSA-2021-2-008 3.10 General Principles - Certainty of the law. AZE-2021-2-004, CRO-2021-2-006, ECJ-2021-2-009, ITA-2021-2-005, MDA-2021-2-013, MDA-2021-2-015, POR-2021-2-003, RSA-2021-2-005, RSA-2021-2-008 3.11 General Principles - Vested and/or acquired rights. RSA-2021-2-005 3.12 General Principles - Clarity and precision of legal provisions. AZE-2021-2-003, FRA-2021-2-013, GER-2021-2-019, MDA-2021-2-013, MDA-2021-2-015, RSA-2021-2-007, RSA-2021-2-008 3.13 General Principles - Legality. GER-2021-2-011, MDA-2021-2-015, SLO-2021-2-005, SLO-2021-2-006, SUI-2021-2-004 3.14 General Principles - Nullum crimen, nulla poena sine lege. AZE-2021-2-004, FRA-2021-2-008, MDA-2021-2-015 3.16 General Principles - Proportionality. CRO-2021-2-006, CRO-2021-2-008, CRO-2021-2-009, CRO-2021-2-010, CZE-2021-2-004, ECH-2021-2-020, FRA-2021-2-010, FRA-2021-2-012, GER-2021-2-014, GER-2021-2-018, ITA-2021-2-004, KGZ-2021-2-003, MDA-2021-2-011, MDA-2021-2-014, RSA-2021-2-008, SLO-2021-2-005, SLO-2021-2-006, SUI-2021-2-003 3.17 General Principles - Weighing of interests. FRA-2021-2-008, GER-2021-2-014, GER-2021-2-019, ITA-2021-2-006, ITA-2021-2-007, MDA-2021-2-011, MDA-2021-2-012, MDA-2021-2-014, RSA-2021-2-008, SUI-2021-2-003, USA-2021-2-023, USA-2021-2-025, USA-2021-2-026, USA-2021-2-027, USA-2021-2-028 3.18 General Principles - General interest. CRO-2021-2-006, GER-2021-2-014, ITA-2021-2-006, KGZ-2021-2-003, MDA-2021-2-014, RSA-2021-2-007, SLO-2021-2-005, SLO-2021-2-006 3.19 General Principles - Margin of appreciation. GER-2021-2-013, GER-2021-2-018, GER-2021-2-019, MDA-2021-2-012, SLO-2021-2-005 3.20 General Principles - Reasonableness. GER-2021-2-018, ITA-2021-2-004, ITA-2021-2-008, RSA-2021-2-008, USA-2021-2-026 3.21 General Principles - Equality. ECJ-2021-2-009, ECJ-2021-2-013, FRA-2021-2-014, GER-2021-2-019, ITA-2021-2-006, ITA-2021-2-007 3.22 General Principles - Prohibition of arbitrariness. ARG-2021-2-002, BIH-2021-2-003, BIH-2021-2-005, CZE-2021-2-004, CZE-2021-2-005, FRA-2021-2-008, ITA-2021-2-007, ITA-2021-2-008 3.23 General Principles - Equity. MEX-2021-2-005 3.26 General Principles - Fundamental principles of the Internal Market. SWE-2021-2-007 4.3 Institutions - Languages. FRA-2021-2-009 4.3.1 Institutions - Languages - Official language(s). FRA-2021-2-009 4.4.3.2 Institutions - Head of State - Powers - Relations with the executive bodies. KOR-2021-2-008, POR-2021-2-009, POR-2021-2-010 4.5.2 Institutions - Legislative bodies - Powers. CRO-2021-2-009, ECJ-2021-2-009, FRA-2021-2-008, KGZ-2021-2-004, POR-2021-2-007, POR-2021-2-009, POR-2021-2-010, UKR-2021-2-006 4.5.2.1 Institutions - Legislative bodies - Powers - Competences with respect to international agreements. GER-2021-2-016 4.5.2.2 Institutions - Legislative bodies - Powers - Powers of enquiry. BRA-2021-2-014, BRA-2021-2-017 4.5.2.4 Institutions - Legislative bodies - Powers - Negative incompetence. FRA-2021-2-014 4.5.3 Institutions - Legislative bodies - Composition. MEX-2021-2-003 4.5.3.1 Institutions - Legislative bodies - Composition - Election of members. GER-2021-2-019, LTU-2021-2-005, MEX-2021-2-005 4.5.3.4.1 Institutions - Legislative bodies - Composition - Term of office of members - Characteristics. KOR-2021-2-006, MEX-2021-2-005 4.5.3.4.3 Institutions - Legislative bodies - Composition - Term of office of members - End. MEX-2021-2-004 4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure. KGZ-2021-2-004, KOR-2021-2-007, MDA-2021-2-012 4.5.4.3 Institutions - Legislative bodies - Organisation - Sessions. KOR-2021-2-007 4.5.4.4 Institutions - Legislative bodies - Organisation - Committees. BRA-2021-2-017, KOR-2021-2-006, KOR-2021-2-007 4.5.4.5 Institutions - Legislative bodies - Organisation - Parliamentary groups. KOR-2021-2-006 4.5.6 Institutions - Legislative bodies - Law-making procedure. KOR-2021-2-007, POR-2021-2-009, POR-2021-2-010 4.5.6.1 Institutions - Legislative bodies - Law-making procedure - Right to initiate legislation. MDA-2021-2-012 4.5.6.4 Institutions - Legislative bodies - Law-making procedure - Right of amendment. MDA-2021-2-012 4.5.7 Institutions - Legislative bodies - Relations with the executive bodies. BRA-2021-2-017, CRO-2021-2-009, GER-2021-2-012 4.5.8 Institutions - Legislative bodies - Relations with judicial bodies. KGZ-2021-2-004, LTU-2021-2-004 4.5.10 Institutions - Legislative bodies - Political parties. GER-2021-2-019, MEX-2021-2-008 4.5.10.3 Institutions - Legislative bodies - Political parties - Role. KOR-2021-2-006 4.6.2 Institutions - Executive bodies - Powers. ALG-2021-2-005, FRA-2021-2-012, GER-2021-2-012, POR-2021-2-007, UKR-2021-2-004 4.6.3.2 Institutions - Executive bodies - Application of laws - Delegated rule-making powers. SLO-2021-2-005, SLO-2021-2-006 4.6.4.1 Institutions - Executive bodies - Composition - Appointment of members. MEX-2021-2-004 4.6.6 Institutions - Executive bodies - Relations with judicial bodies. FRA-2021-2-012, MDA-2021-2-011 4.6.9 Institutions - Executive bodies - The civil service. KGZ-2021-2-006 4.6.9.1 Institutions - Executive bodies - The civil service - Conditions of access. KGZ-2021-2-006 4.7.1 Institutions - Judicial bodies - Jurisdiction. ALG-2021-2-006, ECJ-2021-2-008 4.7.1.1 Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction. CAN-2021-2-005 4.7.1.3 Institutions - Judicial bodies - Jurisdiction - Conflicts of jurisdiction. MEX-2021-2-004, USA-2021-2-024 4.7.4 Institutions - Judicial bodies - Organisation. ALG-2021-2-006 4.7.4.1.1 Institutions - Judicial bodies - Organisation - Members - Qualifications. ITA-2021-2-006, KGZ-2021-2-002 4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment. ECJ-2021-2-008, ITA-2021-2-006, KGZ-2021-2-002 4.7.4.1.3 Institutions - Judicial bodies - Organisation - Members - Election. SUI-2021-2-004 4.7.4.1.5 Institutions - Judicial bodies - Organisation - Members - End of office. SUI-2021-2-004 4.7.4.1.6 Institutions - Judicial bodies - Organisation - Members - Status. KGZ-2021-2-002 4.7.4.3.2 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Appointment. CRO-2021-2-007 4.7.7 Institutions - Judicial bodies - Supreme court. KGZ-2021-2-004 4.7.15.1 Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar. KAZ-2021-2-001, KGZ-2021-2-003 4.7.15.1.3 Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Role of members of the Bar. KGZ-2021-2-003 4.7.15.1.4 Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Status of members of the Bar. KGZ-2021-2-003, RUS-2021-2-006 4.7.15.1.5 Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Discipline. KGZ-2021-2-003 4.8.1 Institutions - Federalism, regionalism and local self-government - Federal entities. BRA-2021-2-017 4.8.2 Institutions - Federalism, regionalism and local self-government - Regions and provinces. USA-2021-2-025, USA-2021-2-027, USA-2021-2-028 4.8.3 Institutions - Federalism, regionalism and local self-government - Municipalities. LTU-2021-2-005 4.8.8 Institutions - Federalism, regionalism and local self-government - Distribution of powers. POR-2021-2-005 4.8.8.2.1 Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation - Distribution ratione materiae. ITA-2021-2-005 4.9.1 Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting. MEX-2021-2-003, MEX-2021-2-004, MEX-2021-2-005 4.9.2.1 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Admissibility. SVK-2021-2-001 4.9.2.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Effects. SVK-2021-2-001 4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system. KOR-2021-2-007, MEX-2021-2-003 4.9.3.1 Institutions - Elections and instruments of direct democracy - Electoral system - Method of voting. GER-2021-2-019, MEX-2021-2-005 4.9.4 Institutions - Elections and instruments of direct democracy - Constituencies. GER-2021-2-019 4.9.8 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material. KOR-2021-2-009 4.9.9.1 Institutions - Elections and instruments of direct democracy - Voting procedures - Polling stations. USA-2021-2-028 4.9.9.3 Institutions - Elections and instruments of direct democracy - Voting procedures - Voting. USA-2021-2-028 4.9.9.6 Institutions - Elections and instruments of direct democracy - Voting procedures - Casting of votes. USA-2021-2-028 4.9.10 Institutions - Elections and instruments of direct democracy - Minimum participation rate required. MEX-2021-2-003 4.11.2 Institutions - Armed forces, police forces and secret services - Police forces. FRA-2021-2-008 4.12.3 Institutions - Ombudsman - Powers. RSA-2021-2-007 4.16 Institutions - International relations. BRA-2021-2-019 4.16.1 Institutions - International relations - Transfer of powers to international institutions. GER-2021-2-016 4.17 Institutions - European Union. ECJ-2021-2-009, GER-2021-2-012 4.17.1.1 Institutions - European Union - Institutional structure - European Parliament. ECJ-2021-2-009, LTU-2021-2-005 4.17.2.1 Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States. ECJ-2021-2-008 4.18 Institutions - State of emergency and emergency powers. ECH-2021-2-017, FRA-2021-2-012, POR-2021-2-009, SLO-2021-2-005, SLO-2021-2-006 5.1 Fundamental Rights - General questions. PER-2021-2-002 5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status. SWE-2021-2-007 5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners. PER-2021-2-003 5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status. CZE-2021-2-005, ECH-2021-2-018 5.1.1.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons. MEX-2021-2-005, RUS-2021-2-004 5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors. CAN-2021-2-003, CZE-2021-2-005, ITA-2021-2-004 5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated. GER-2021-2-014 5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees. MEX-2021-2-006 5.1.1.5.1 Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law. RSA-2021-2-005, RUS-2021-2-005 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. CZE-2021-2-005, ECH-2021-2-016, ECH-2021-2-019, ECH-2021-2-022 5.1.4 Fundamental Rights - General questions - Limits and restrictions. ALG-2021-2-005, CRO-2021-2-008, ECH-2021-2-017, FRA-2021-2-012, FRA-2021-2-013, GER-2021-2-014, KGZ-2021-2-006, MDA-2021-2-014, MEX-2021-2-006, MEX-2021-2-008, POR-2021-2-009, SLO-2021-2-005, SLO-2021-2-006 5.1.4.1 Fundamental Rights - General questions - Limits and restrictions - Non-derogable rights. ALG-2021-2-005 5.1.5 Fundamental Rights - General questions - Emergency situations. CRO-2021-2-008, FRA-2021-2-012, SLO-2021-2-005, SLO-2021-2-006 5.2 Fundamental Rights - Equality. CRO-2021-2-006, KGZ-2021-2-003 5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens. GER-2021-2-018, KGZ-2021-2-001, MEX-2021-2-005 5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment. CRO-2021-2-007, ECJ-2021-2-013, KGZ-2021-2-006 5.2.1.2.1 Fundamental Rights - Equality - Scope of application - Employment - In private law. ITA-2021-2-007 5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security. ECJ-2021-2-011, ITA-2021-2-007, SUI-2021-2-002 5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections. GER-2021-2-019, MEX-2021-2-005, MEX-2021-2-006, SUI-2021-2-004 5.2.2 Fundamental Rights - Equality - Criteria of distinction. MEX-2021-2-006 5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender. MEX-2021-2-003, MEX-2021-2-005, PER-2021-2-002, POR-2021-2-010, SUI-2021-2-002 5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin. MEX-2021-2-004 5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion. ECJ-2021-2-013, PER-2021-2-001, USA-2021-2-023 5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age. CAN-2021-2-003, KGZ-2021-2-005, SUI-2021-2-004 5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability. MEX-2021-2-009 5.2.2.9 Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation. KOR-2021-2-008 5.2.2.10 Fundamental Rights - Equality - Criteria of distinction - Language. UKR-2021-2-003 5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation. LIE-2021-2-002, RSA-2021-2-008 5.2.3 Fundamental Rights - Equality - Affirmative action. MEX-2021-2-003, MEX-2021-2-009 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. CZE-2021-2-005, ECH-2021-2-019, POR-2021-2-008, RSA-2021-2-008 5.3.2 Fundamental Rights - Civil and political rights - Right to life. BRA-2021-2-019, ITA-2021-2-004, PER-2021-2-004, POR-2021-2-008, SLO-2021-2-006, BEL-2021-2-005 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. ECH-2021-2-016, SRB-2021-2-002, SWE-2021-2-005, BEL-2021-2-005 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. ECH-2021-2-022, SWE-2021-2-005 5.3.4.1 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments. FRA-2021-2-010, GER-2021-2-014 5.3.5 Fundamental Rights - Civil and political rights - Individual liberty. FRA-2021-2-012, FRA-2021-2-013, POR-2021-2-010 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. CAN-2021-2-003, CZE-2021-2-005, ECH-2021-2-017, ECH-2021-2-021, POR-2021-2-005, BEL-2021-2-005 5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest. ECJ-2021-2-007 5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement. ECH-2021-2-017, FRA-2021-2-010, FRA-2021-2-012, SLO-2021-2-005, SLO-2021-2-006, SWE-2021-2-007 5.3.9 Fundamental Rights - Civil and political rights - Right of residence. ECJ-2021-2-011 5.3.10 Fundamental Rights - Civil and political rights - Rights of domicile and establishment. RUS-2021-2-004 5.3.11 Fundamental Rights - Civil and political rights - Right of asylum. ECH-2021-2-018 5.3.12 Fundamental Rights - Civil and political rights - Security of the person. FRA-2021-2-008, FRA-2021-2-010 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. FRA-2021-2-008, ITA-2021-2-006, PER-2021-2-003 5.3.13.1.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings. RSA-2021-2-006 5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings. AZE-2021-2-003, CRO-2021-2-009, ITA-2021-2-007, KGZ-2021-2-001, RSA-2021-2-006 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. ARG-2021-2-002, AZE-2021-2-004, KGZ-2021-2-005, MDA-2021-2-013, RSA-2021-2-006 5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings. ECJ-2021-2-007, UKR-2021-2-005, UKR-2021-2-006 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. ECJ-2021-2-008, ECJ-2021-2-012, GER-2021-2-016, MDA-2021-2-013 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. CRO-2021-2-009, ECJ-2021-2-010, KGZ-2021-2-001, KGZ-2021-2-005, MDA-2021-2-013, USA-2021-2-024 5.3.13.3.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - “Natural judge”/Tribunal established by law. GER-2021-2-017 5.3.13.3.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - Habeas corpus. USA-2021-2-022 5.3.13.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction. BEL-2021-2-005 5.3.13.5 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Suspensive effect of appeal. UKR-2021-2-006 5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing. KGZ-2021-2-005, MEX-2021-2-004, RSA-2021-2-006 5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice. CZE-2021-2-005 5.3.13.10 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial by jury. CAN-2021-2-004, USA-2021-2-022 5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. ECJ-2021-2-012 5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence. ECJ-2021-2-008, ECJ-2021-2-012, GER-2021-2-016 5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality. ECJ-2021-2-008, ECJ-2021-2-012, GER-2021-2-017, MDA-2021-2-011 5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence. RSA-2021-2-005 5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. BIH-2021-2-003, BIH-2021-2-005, CRO-2021-2-007, CRO-2021-2-010 5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms. CZE-2021-2-005, KGZ-2021-2-005 5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle. CZE-2021-2-005 5.3.13.21 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Languages. CZE-2021-2-005 5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. CAN-2021-2-004, MEX-2021-2-006, BEL-2021-2-005 5.3.13.23 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent. ARG-2021-2-002 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. ARG-2021-2-002 5.3.13.24 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the reasons of detention. BEL-2021-2-005 5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime. ECH-2021-2-016, KGZ-2021-2-005 5.3.16 Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law. ECH-2021-2-021 5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State. BRA-2021-2-016, BRA-2021-2-019, CZE-2021-2-004 5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience. PER-2021-2-001, RSA-2021-2-008 5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion. RSA-2021-2-008 5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship. ECJ-2021-2-013, USA-2021-2-023 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. ECH-2021-2-020, KOR-2021-2-008, KOR-2021-2-009, MEX-2021-2-008, NED-2021-2-001, POR-2021-2-004, RSA-2021-2-008, SWE-2021-2-006, SWE-2021-2-008, TUR-2021-2-003, USA-2021-2-026 5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication. BRA-2021-2-016, GER-2021-2-015, SWE-2021-2-006 5.3.24 Fundamental Rights - Civil and political rights - Right to information. ALG-2021-2-005, MDA-2021-2-014 5.3.25.1 Fundamental Rights - Civil and political rights - Right to administrative transparency - Right of access to administrative documents. ALG-2021-2-005 5.3.27 Fundamental Rights - Civil and political rights - Freedom of association. BIH-2021-2-005, FRA-2021-2-013, SLO-2021-2-005, SLO-2021-2-006, SWE-2021-2-008, USA-2021-2-027, BEL-2021-2-006 5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly. SLO-2021-2-005, SLO-2021-2-006, SWE-2021-2-008 5.3.29 Fundamental Rights - Civil and political rights - Right to participate in public affairs. MEX-2021-2-006 5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity. MEX-2021-2-005, MEX-2021-2-007, MEX-2021-2-008, MEX-2021-2-009, TUR-2021-2-003 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. BIH-2021-2-004, CRO-2021-2-008, ECH-2021-2-015, ECH-2021-2-019, ECH-2021-2-020, FRA-2021-2-008, FRA-2021-2-010, SUI-2021-2-003, BEL-2021-2-006 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. ECH-2021-2-020, ECJ-2021-2-007, ECJ-2021-2-010, FRA-2021-2-012, GER-2021-2-015, KOR-2021-2-008, KOR-2021-2-009, MEX-2021-2-007, TUR-2021-2-002, USA-2021-2-027 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. BRA-2021-2-018, CRO-2021-2-008, FRA-2021-2-010, GER-2021-2-010, ITA-2021-2-004, PER-2021-2-003, SRB-2021-2-002, TUR-2021-2-001 5.3.34 Fundamental Rights - Civil and political rights - Right to marriage. BRA-2021-2-018, PER-2021-2-003 5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home. CRO-2021-2-008, FRA-2021-2-010 5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications. GER-2021-2-015 5.3.38 Fundamental Rights - Civil and political rights - Non-retrospective effect of law. ECH-2021-2-021, POR-2021-2-011 5.3.38.1 Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law. POR-2021-2-003 5.3.38.2 Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Civil law. CRO-2021-2-010, RSA-2021-2-008 5.3.38.3 Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Social law. CRO-2021-2-006 5.3.39 Fundamental Rights - Civil and political rights - Right to property. CRO-2021-2-006, CRO-2021-2-009, POR-2021-2-006, RSA-2021-2-005, SUI-2021-2-003 5.3.39.1 Fundamental Rights - Civil and political rights - Right to property - Expropriation. USA-2021-2-025 5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations. RUS-2021-2-005, UKR-2021-2-005 5.3.40 Fundamental Rights - Civil and political rights - Linguistic freedom. UKR-2021-2-003 5.3.41 Fundamental Rights - Civil and political rights - Electoral rights. MEX-2021-2-004, MEX-2021-2-005, MEX-2021-2-006 5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote. GER-2021-2-019, MEX-2021-2-006, SVK-2021-2-001, USA-2021-2-028 5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election. GER-2021-2-019, LTU-2021-2-005, MEX-2021-2-007, SVK-2021-2-001 5.3.41.3 Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting. GER-2021-2-019 5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation. ITA-2021-2-008 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. ARG-2021-2-002, GER-2021-2-010, ITA-2021-2-004, POR-2021-2-004 5.4.1 Fundamental Rights - Economic, social and cultural rights - Freedom to teach. FRA-2021-2-009, FRA-2021-2-013 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. CRO-2021-2-007, CRO-2021-2-009, ITA-2021-2-007, KGZ-2021-2-003, KGZ-2021-2-006, UKR-2021-2-004 5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. KGZ-2021-2-003, KGZ-2021-2-006 5.4.5 Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration. CRO-2021-2-009 5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. BRA-2021-2-015, CRO-2021-2-009, GER-2021-2-011, SUI-2021-2-003 5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection. BRA-2021-2-015 5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service. KGZ-2021-2-006 5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike. BEL-2021-2-006 5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions. BEL-2021-2-006 5.4.12 Fundamental Rights - Economic, social and cultural rights - Right to intellectual property. BRA-2021-2-015 5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing. POR-2021-2-006 5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security. BRA-2021-2-018, CRO-2021-2-009, ECJ-2021-2-011, ITA-2021-2-007 5.4.15 Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits. SUI-2021-2-002 5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension. BRA-2021-2-018 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. ECJ-2021-2-011, FRA-2021-2-012, ITA-2021-2-004, ITA-2021-2-005, PER-2021-2-004, SLO-2021-2-005, SLO-2021-2-006 5.4.20 Fundamental Rights - Economic, social and cultural rights - Right to culture. POR-2021-2-006 5.4.21 Fundamental Rights - Economic, social and cultural rights - Scientific freedom. BRA-2021-2-015, FRA-2021-2-009, FRA-2021-2-010 5.4.22 Fundamental Rights - Economic, social and cultural rights - Artistic freedom. KOR-2021-2-008 5.5.1 Fundamental Rights - Collective rights - Right to the environment. FRA-2021-2-014, PER-2021-2-004 5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights. MEX-2021-2-004
Act, individual
UKR-2021-2-003 Administration of justice
RSA-2021-2-006 Administration, due process, right
PER-2021-2-003 Administration, prison, discretion
TUR-2021-2-001 Administrative authorisation
FRA-2021-2-014 Administrative proceedings
POR-2021-2-011 Adoption, special circumstances
ITA-2021-2-004 Adoption, stepchild, same-sex couples
LIE-2021-2-002 Advance health directive
GER-2021-2-014 Animal disease, compensation, infection, spread
RUS-2021-2-005 Antipsychotics, treatment
GER-2021-2-014 Appeal for annulment
ECJ-2021-2-009 Appeal procedure
UKR-2021-2-006 Appeal, automatic right, young person
CAN-2021-2-003 Appeal, extraordinary
ARG-2021-2-002 Appointment, permanent or temporary
ITA-2021-2-006 Arbitrary decision
ARG-2021-2-002 Armed conflict, posing with dead bodies
SWE-2021-2-005 Arrest, immediate
BEL-2021-2-005 Arrest, lawfulness, review
BEL-2021-2-005 Assets, financial, purchase
GER-2021-2-013 Assets, freeze
SUI-2021-2-003 Autonomy, personal
GER-2021-2-014 Bank account, credit institutions
RUS-2021-2-004 Bankruptcy proceedings, extraordinary circumstances, intervention measures
CRO-2021-2-009 Bankruptcy, natural person
LTU-2021-2-004 Blacklist, artist
KOR-2021-2-008 Border controls
FRA-2021-2-012 Bulk interception regime, safeguards
ECH-2021-2-020 Bundestag, elections
GER-2021-2-019 Candidates, equal opportunities
MEX-2021-2-009 Capacity, insight, treatment
GER-2021-2-014 Capacity, mental
GER-2021-2-014 Cassation, appeal
UKR-2021-2-006 Challenging, judge
GER-2021-2-017 Challenging, judge, impartiality
GER-2021-2-017 Chamber of Commerce, membership, compulsory
BIH-2021-2-005 Changes, economic
GER-2021-2-018 Charter of Fundamental Rights of the European Union, application
GER-2021-2-011 Child, best interest
BIH-2021-2-003, CZE-2021-2-005, ITA-2021-2-004 Child, best interest, vaccination, compulsory
ECH-2021-2-015 Child, care, custody
SRB-2021-2-002 Child, well-being
GER-2021-2-010 Civil claim, monetary limit, jurisdiction
CAN-2021-2-005 Civil rights
SWE-2021-2-008 Civil servant, recruitment, qualification requirements
KGZ-2021-2-006 Climate change, power of injunction, Environmental Charter
FRA-2021-2-014 Coalition
MEX-2021-2-003 Coercive treatment, medication
GER-2021-2-014 Collection of taxes
ITA-2021-2-008 Commercial freedom, restriction
BRA-2021-2-015 Commission payable, delinquent taxpayers
ITA-2021-2-008 Commission, procedure, administrative, guarantees
BRA-2021-2-017 Committal, unsuspended
RSA-2021-2-006 Common values, violation
ECJ-2021-2-009 Communication contents, publicly accessible, participation of the state
GER-2021-2-015 Communications, external, bulk or targeted interception regime
ECH-2021-2-020 Compensation of damages, non-economic loss
CZE-2021-2-004 Compensation, court decision
ITA-2021-2-007 Compensation, just
USA-2021-2-025 Compensation, material, damage, moral,
LTU-2021-2-004 Competence, cornerstone, judicial function
KGZ-2021-2-002 Competence, dispute
KOR-2021-2-006 Competence, dispute, national assembly
KOR-2021-2-007 Conferral, principle of
GER-2021-2-013 Confinement, psychiatric, criminal offender
GER-2021-2-014 Confiscation, administrative penalty
UKR-2021-2-005 Conflict of interest, official, high
MDA-2021-2-011 Consequences, unlawful
LTU-2021-2-004 Constitution, identity
GER-2021-2-016, GER-2021-2-013 Constitution, judicial review
LIE-2021-2-002 Constitution, primacy, national identity
GER-2021-2-011 Constitutional Court, judge, independence, impartiality, fair trial
MDA-2021-2-011 Constitutional Court, judgment, execution, application for order of execution
GER-2021-2-013 Constitutional judge, conflict of interest
MDA-2021-2-011 Constitutional Jurisdiction, types of claim, members of Parliament
GER-2021-2-019 Constitutional Justice, types of claim, parliamentary group
GER-2021-2-012 Constitutionality, control, diffuse
PER-2021-2-002 Constitutionality, review
POR-2021-2-008, POR-2021-2-010 Consultation process
MEX-2021-2-004 Contempt of court, proceedings
RSA-2021-2-006 Contextual evidence, admissibility
RSA-2021-2-005 Continuous criminal activity, sanctions
POR-2021-2-003 Contract, interpretation, contextual approach
RSA-2021-2-005 Convention on the Rights of Persons with Disabilities
MEX-2021-2-009 Corruption, investigation
SUI-2021-2-003 Court of Appeal panels, composition
ITA-2021-2-006 Court proceeding
CZE-2021-2-005 Court, civil claims, exclusive jurisdiction
CAN-2021-2-005 Court, dignity
RSA-2021-2-006 COVID-19, ban, limitation, private gatherings
CRO-2021-2-008 COVID-19, pandemic
FRA-2021-2-012, CRO-2021-2-009, CRO-2021-2-008, BRA-2021-2-017, ITA-2021-2-005, POR-2021-2-005, POR-2021-2-011 COVID-19, pandemic, measures
ECH-2021-2-017, SLO-2021-2-006, SLO-2021-2-005 COVID-19, supervision, police, search of home
CRO-2021-2-008 Criminal charge, disproportionate
CZE-2021-2-004 Criminal investigation
POR-2021-2-007 Criminal investigation police, officer
FRA-2021-2-008 Criminal law, offence, imprecise phrasing, foreseeability
MDA-2021-2-015 Criminal offender
GER-2021-2-014 Criminal procedure
POR-2021-2-007 Criminal Procedure Code
KGZ-2021-2-005 Criminal procedure, appeal, time-limit, access to a court
MDA-2021-2-013 Criminal procedure, decision, operative part
MDA-2021-2-013 Criminal procedure, principles
ECJ-2021-2-007 Criminal prosecution
CZE-2021-2-004 Criminal punishment, fine
POR-2021-2-009 Damage, compensation
CZE-2021-2-004, BRA-2021-2-016 Damage, personal injury
BRA-2021-2-016 Damages, compensation, non-economic loss
CZE-2021-2-004 Damages, compensatory, amount
CZE-2021-2-004 Damages, constitutional, right
CZE-2021-2-004 Damages, liability
CZE-2021-2-004 Danger to self or others
GER-2021-2-014 Data collection, political, opinion
KOR-2021-2-008 Data, personal character, processing
ECJ-2021-2-010 Data, personal, content, compensation
TUR-2021-2-002 Data, personal, disclosure
TUR-2021-2-002 Dead person, humiliating or degrading treatment
SWE-2021-2-005 Dead person, personal dignity
SWE-2021-2-005 Decision, administrative, opportunity to be heard
CZE-2021-2-005 Decree, ministerial
POR-2021-2-010 Defendant, identification
POR-2021-2-007 Delectus personae
RSA-2021-2-005 Democracy, core, right, individual
GER-2021-2-016, GER-2021-2-013 Demonstration, participation
SWE-2021-2-008 Deportation, terrorism, refugee, status revoked
ECH-2021-2-018 Difference in treatment, criminal offence, administrative offence
UKR-2021-2-006 Disability, persons, rights
MEX-2021-2-009 Disclosure, compelled
USA-2021-2-027 Disclosure, donor information
USA-2021-2-027 Discrimination, age
SUI-2021-2-004 Discrimination, national origin, insult
NED-2021-2-001 Discrimination, prohibition
PER-2021-2-002 Dismissal, grounds of good cause
ITA-2021-2-007 Division of property, counterclaim, court jurisdiction
AZE-2021-2-003 DNA analysis
BIH-2021-2-003 Document, administrative, protection
ALG-2021-2-005 Domestic activity, sufficient
USA-2021-2-024 Domestic violence, adequate protective measures, risk
ECH-2021-2-022 Economically inactive citizen residing in another Member State
ECJ-2021-2-011 Education, child, disciplinary measures, protection against violence and abuse
ECH-2021-2-019 Education, insult, disrespectful, student, emotional disturbance
ECH-2021-2-019 Education, teacher, student, position of trust, harassment, inadequate response
ECH-2021-2-019 Educational system
POR-2021-2-010 Effect, adverse and disparate
USA-2021-2-028 Effective judicial protection, law
ECJ-2021-2-008 Election, ‘overhang mandates’
GER-2021-2-019 Election, candidate, eligibility
SUI-2021-2-004 Election, eligibility requirements
SUI-2021-2-004 Election, eligibility, restriction
SUI-2021-2-004 Election, equal suffrage
GER-2021-2-019 Election, law, reform
GER-2021-2-019 Election, list
MEX-2021-2-003 Election, Parliament, distribution of seats
GER-2021-2-019 Election, party, equal opportunity
GER-2021-2-019 Election, political will, formation
GER-2021-2-019 Election, preliminary injunction
GER-2021-2-019 Election, referendum
SVK-2021-2-001 Electoral coalitions
MEX-2021-2-005 Electoral Management Authority
MEX-2021-2-003 Electoral process, fair
LTU-2021-2-005 Electoral process, transparency
LTU-2021-2-005 Electoral right, passive
LTU-2021-2-005 Electoral system, proportional representation
GER-2021-2-019 Eligibility, age
SUI-2021-2-004 Embryos and human foetuses, donation and usage
FRA-2021-2-010 Emergency measure
POR-2021-2-009 Employment, application process, fair
CRO-2021-2-007 Employment, application process, objective criteria
CRO-2021-2-007 Enforcement proceedings, extraordinary circumstances, COVID-19
CRO-2021-2-009 Entrepreneur, market, equal position
CRO-2021-2-009 Environment, balanced, adequate, right
PER-2021-2-004 Equality, fiscal
GER-2021-2-018 Equality, gender
PER-2021-2-002 Equality, political parties
GER-2021-2-019 Equality, right
KGZ-2021-2-005, PER-2021-2-001, KGZ-2021-2-001, KGZ-2021-2-002 Equality, vote, success value
GER-2021-2-019 Euro area
GER-2021-2-012 Euro crisis
GER-2021-2-012 Euro Summit
GER-2021-2-012 Eurogroup
GER-2021-2-012 European arrest warrant, non-execution, basis, ne bis in idem
ECJ-2021-2-007 European Central Bank
GER-2021-2-013 European Convention on Human Rights, applicability
GER-2021-2-011 European Convention on Human Rights, guideline for the interpretation of the Basic Law
GER-2021-2-011 European integration, agenda (Integrationsprogramm)
GER-2021-2-013 European Parliament, resolution
ECJ-2021-2-009 European Stability Mechanism
GER-2021-2-012 European Union act, ultra vires, review
GER-2021-2-013, GER-2021-2-016 European Union act, preliminary injunction
GER-2021-2-016 European Union, Court of Justice, jurisdiction
ECJ-2021-2-012 European Union, financial assistance
GER-2021-2-012 European Union, fundamental rights standard
GER-2021-2-011 European Union, law, Constitution, relationship, national identity
GER-2021-2-011 European Union, negotiations, member state, representative
GER-2021-2-012 Excess, prohibited, principle
GER-2021-2-018 Exclusion, support, government
KOR-2021-2-008 Executive power
POR-2021-2-009 Extraterritoriality, presumption against
USA-2021-2-024 Failure to comply
ECJ-2021-2-012 Family life, protection, right
PER-2021-2-003 Family name, change
SWE-2021-2-007 Family, benefit, rights
BRA-2021-2-018 Family, close relatives, ties
GER-2021-2-010 Family, constitutional protection
BRA-2021-2-018 Family, definition, Constitution
BRA-2021-2-018 Family, protection
GER-2021-2-010 Fault, reparation
RUS-2021-2-005 Federal collateral review
USA-2021-2-022 Finality, non-appealability, decisions, Constitutional Court
LTU-2021-2-004 Firearm, permit
SWE-2021-2-008 Fiscality, access to information, limits, balancing exercise
MDA-2021-2-014 Foreign State, immunity
BRA-2021-2-019 Free movement of persons, family name
SWE-2021-2-007 Free speech, anonymous
KOR-2021-2-009 Freedom of expression, politician, inciting intolerance, conviction
NED-2021-2-001 Freedom to be ill
GER-2021-2-014 Funds, freeze
SUI-2021-2-003 Gender equality, fundamental value, democracy
MEX-2021-2-003 Gender identity
POR-2021-2-010 General Comment of the Committee on the Rights of Persons with Disabilities
MEX-2021-2-009 General interest, state, duty of protection
GER-2021-2-014 General right of personality
GER-2021-2-014 Good, transborder movement, limitation
UKR-2021-2-005 Government bonds, purchase
GER-2021-2-013 Government, executive decision-making, autonomous
GER-2021-2-012 Government, information, duty to provide
BRA-2021-2-017 Greece, aid
GER-2021-2-012 Greece, debt crisis, aid package
GER-2021-2-012 Guardian, choice
GER-2021-2-010 Hate speech, prohibition, vague
RSA-2021-2-008 Headscarf, refusal to remove it, dismissal
ECJ-2021-2-013 Health insurance, entitlement
ECJ-2021-2-011 Health pass, requirement to show
FRA-2021-2-012 Health, mental
GER-2021-2-014 Health, self-determination
GER-2021-2-014 Heritage, cultural, protection
POR-2021-2-006 Home birth
BIH-2021-2-004 Home schooling, authorisation, best interests of the child
FRA-2021-2-013 Honorary Judges
ITA-2021-2-006 Human dignity, safeguarding
FRA-2021-2-010 Human rights defender
KAZ-2021-2-001 Hygiene concept
SLO-2021-2-006 Identity review
GER-2021-2-016 Immigration, law
CZE-2021-2-005 Immigration, procedure
CZE-2021-2-005 Imprisonment, politician
TUR-2021-2-003 Indigenous community
MEX-2021-2-006, MEX-2021-2-004 Indigenous people rights
MEX-2021-2-004, MEX-2021-2-006 Information technology systems, confidentiality and integrity, fundamental right
GER-2021-2-015 Information technology, access, privilege
MEX-2021-2-007 Information technology, system, secret infiltration
GER-2021-2-015 Information, administrative, protection
ALG-2021-2-005 Informational self-determination, right to
GER-2021-2-015 Inquiry, commission, setting up, requirements
BRA-2021-2-014 Integration, responsibility (Integrationsverantwortung)
GER-2021-2-013 Intellectual property, litigation
GER-2021-2-016 Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities
MEX-2021-2-009 International human rights law
BRA-2021-2-019 International humanitarian law
SWE-2021-2-005 International organisation, agreement
GER-2021-2-016 International treaty, act of approval
GER-2021-2-016 International tribunal, jurisdiction
GER-2021-2-016 Internet, verification, name
KOR-2021-2-009 Interpol Red Notice
ECJ-2021-2-007 Interpol, State, affiliated
ECJ-2021-2-007 Interpreter, assistance
CZE-2021-2-005 Interpreter, assistance, right
CZE-2021-2-005 Interpreter, trial
CZE-2021-2-005 Item, prohibited, telephone
RUS-2021-2-006 Judge, candidacy for election
SUI-2021-2-004 Judges, appellate, auxiliary
ITA-2021-2-006 Judicial authority, independence
KGZ-2021-2-004 Judicial function, exercise
ITA-2021-2-006 Judicial integrity
RSA-2021-2-006 Judicial office, election
SUI-2021-2-004 Judicial power, independence, guarantees
ECJ-2021-2-008 Judicial protection
KGZ-2021-2-001 Jury, peremptory challenge, abolition
CAN-2021-2-004 Jury, unanimity
USA-2021-2-022 Language, minority, non-discriminatory, approach
UKR-2021-2-003 Language, regional or minority
FRA-2021-2-009 Language, state, status, constitutional
UKR-2021-2-003 Language, teaching
FRA-2021-2-009 Law, procedural, application
CRO-2021-2-010 Law, transitional provision, retrospective effect
CRO-2021-2-006 Lawful judge, right, violation
GER-2021-2-017 Legal expenses
KGZ-2021-2-001 Legal remedy, extraordinary, civil proceedings
CRO-2021-2-010 Legislative omission
MEX-2021-2-009 Legislative over-representation
MEX-2021-2-005 Legislative under-representation
MEX-2021-2-005 Licence to practice law, reapplication right
KGZ-2021-2-003 Licence to practice law, revocation
KGZ-2021-2-003 Magistrates, disciplinary regime, personal liability
ECJ-2021-2-008 Mandate, parliament
LTU-2021-2-005 Margin of appreciation
UKR-2021-2-006 Margin of appreciation, legislator
GER-2021-2-019 Marriage, family
BRA-2021-2-018 Marriage, impediment
BRA-2021-2-018 Marriage, right
PER-2021-2-003 Media, rights, audio-visual media and other means of mass communication
SWE-2021-2-006 Media, terrorist, attack, video recording, spread
SWE-2021-2-006 Medical examination, prenatal
FRA-2021-2-010 Medication, neuroleptics
GER-2021-2-014 Member, family, residence, entitlement
ECJ-2021-2-011 Mentally ill
GER-2021-2-014 Minimum subsistence
UKR-2021-2-004 Minimum subsistence, determination, legislator
UKR-2021-2-004 Minor, detention
CZE-2021-2-005 Minor, protection
CZE-2021-2-005 Minor, under the age of criminal responsibility, statement in court
ARG-2021-2-002 Minors, cultural activities, participation
POR-2021-2-004 Mobile application, political association, affiliation process, fraud
MEX-2021-2-007 Monetary policy
GER-2021-2-013 Motherhood, surrogate
ITA-2021-2-004 Mutual legal assistance, international
SUI-2021-2-003 Mutual recognition, EU Member States
GER-2021-2-011 National language, protection, legitimate objective
FRA-2021-2-009 New law, more lenient
ECH-2021-2-021 New rule, retroactive application
USA-2021-2-022 Non-discrimination provision
USA-2021-2-023 Non-discrimination, age
KGZ-2021-2-005 Non-discrimination, guarantee
KGZ-2021-2-002 Offence, administrative
UKR-2021-2-006 Offence, crime, national, international, information, technology, communication
ALG-2021-2-006 Offences, drugs, classification
AZE-2021-2-004 Offender, mental disorder, confinement, compulsory
ECH-2021-2-021 Openness, principle
KGZ-2021-2-004 Organstreit (dispute between constitutional organs)
GER-2021-2-012 Overruling, force, act, final, Constitutional Court
LTU-2021-2-004 Pandemic legislative response
ITA-2021-2-005 Parent, imprisonment, communication, children
TUR-2021-2-001 Parliament, autonomous authority
KOR-2021-2-006 Parliament, autonomy, principle, right to initiate legislation
MDA-2021-2-012 Parliament, budgetary responsibility
GER-2021-2-012 Parliament, committee system
KOR-2021-2-007 Parliament, filibuster
KOR-2021-2-007 Parliament, government, relation, European integration
GER-2021-2-012 Parliament, immunity
TUR-2021-2-003 Parliament, information rights
GER-2021-2-012 Parliament, member, free mandate
KOR-2021-2-006 Parliament, membership, removal
TUR-2021-2-003 Parliament, powers, European integration
GER-2021-2-012 Parliament, responsibility, European integration
GER-2021-2-012, GER-2021-2-013 Parliament, right to be informed
KGZ-2021-2-004 Parole evidence rule
RSA-2021-2-005 Patent, dispute
GER-2021-2-016 Patent, granting, condition
BRA-2021-2-015 Patent, obtaining, condition
BRA-2021-2-015 Paternity, determination
BIH-2021-2-003 Patient, psychiatry
GER-2021-2-014 Pension, payable upon death
BRA-2021-2-018 Person in guardianship, best interests
GER-2021-2-010 Personal jurisdiction
USA-2021-2-024 Personal, information, right, self-determination
KOR-2021-2-009 Physical taking, per se
USA-2021-2-025 Place of permanent residence, place of temporary residence, registration
RUS-2021-2-004 Plea bargain, agreement
KGZ-2021-2-005 Police, surveillance, drone
FRA-2021-2-008 Political parties
MEX-2021-2-005 Political parties, equal opportunities
GER-2021-2-019 Political party registration
MEX-2021-2-007 Political party, affiliation, prohibition to communicate
MEX-2021-2-008 Political party, criticism, social media
MEX-2021-2-008 Political party, democratic functioning
MEX-2021-2-008 Political party, democratic organisation
MEX-2021-2-008 Political party, internal decision
MEX-2021-2-008 Political will, formation
GER-2021-2-019 Power to take legal action
ECJ-2021-2-010 Practices, customs, protection, right to be consulted
MEX-2021-2-004 Pregnancy, treatment, difference
SUI-2021-2-002 Preliminary injunction, act of approval, ratification
GER-2021-2-016 President, duty to disclose funding for campaign to be elected as a political party leader
RSA-2021-2-007 President, personal benefit
RSA-2021-2-007 Press freedom, internet, news, website
KOR-2021-2-009 Presumption of innocence
MEX-2021-2-006 Prevention, principle
PER-2021-2-004 Principle, precautionary
PER-2021-2-004 Prison administration, strike, restriction
BEL-2021-2-006 Prisoner, phone call
TUR-2021-2-001 Prisoner, right to vote
MEX-2021-2-006 Private right of action, limited circumstances
USA-2021-2-024 Procedural fairness, principle
CZE-2021-2-005 Procedure, disciplinary, procedural guarantee
ECJ-2021-2-012 Proceedings, adversarial, nature
CZE-2021-2-005 Profession, legal, services
KAZ-2021-2-001 Prohibition, privileged status, language, national minority
UKR-2021-2-003 Property dispute
KGZ-2021-2-001 Property right, limitation
UKR-2021-2-005, POR-2021-2-006 Property, confiscation, court, decision,
UKR-2021-2-005 Prophylaxis, inter-connection, national and international level
ITA-2021-2-005 Proportional representation
MEX-2021-2-005 proportional representation deputies
MEX-2021-2-005 Protection, data, respect for private life, violation, consent
ECJ-2021-2-010 Protection, duty, state
GER-2021-2-014 Protection, legal
KAZ-2021-2-001 Psychiatric hospital
GER-2021-2-014 Public authority, accountability
KGZ-2021-2-004 Public office, age limit
SUI-2021-2-004 Public order, safeguarding
FRA-2021-2-013 Public Prosecutor, duties
RSA-2021-2-007 Public prosecutor, role
POR-2021-2-007 Public Protector, investigative powers
RSA-2021-2-007 Public service, access, right
MEX-2021-2-009 Public subsidies, democratic values, prerequisite
FRA-2021-2-013 Qualification requirement, different
KGZ-2021-2-006 Qualifications, cornerstone, judicial function
KGZ-2021-2-002 Reasoned decision, right
PER-2021-2-003 Recidivism, risk
BEL-2021-2-005 Recusal, constitutional judge, executive body
MDA-2021-2-011 Recusal, constitutional judge, judicial conditions
MDA-2021-2-011 Reference for a preliminary ruling, limitation
ECJ-2021-2-012 Referendum, constitutional amendment
SVK-2021-2-001 Referendum, constitutional, implementation of results
SVK-2021-2-001 Referendum, preliminary review
SVK-2021-2-001 Referendum, premature election
SVK-2021-2-001 Regime, disciplinary, judge
ECJ-2021-2-012 Regional rules, COVID 19, mandatory confinement
POR-2021-2-005 Registration, charitable organisations
USA-2021-2-027 Regulations, public high school
USA-2021-2-026 Reinstatement, remedy
ITA-2021-2-007 Relative majority
MEX-2021-2-005 Relatives, close, fundamental rights
GER-2021-2-010 Religion, employment
ECJ-2021-2-013 Religion, freedom
PER-2021-2-001 Religion, headscarf, symbol, discrimination
ECJ-2021-2-013 Rental regime
POR-2021-2-006 Renting out flats, tourist location, ban
CRO-2021-2-006 Retroactive application, ruling, Constitutional Court
LTU-2021-2-004 Retroactivity, apparent
CRO-2021-2-006 Review, judicial
UKR-2021-2-006 Right of asylum, refoulement, prohibition
ECH-2021-2-018 Right of collective bargaining, right to collective action
BEL-2021-2-006 Right to hear and be heard
CZE-2021-2-005 Right to private life, character check
BEL-2021-2-006 Right to strike, continuity of service
BEL-2021-2-006 Right to take access, labour organisations
USA-2021-2-025 Rights, cession, permissibility
RSA-2021-2-005 Rights, collective
PER-2021-2-001 Rights, information in one’s own language
CZE-2021-2-005 Rights, parental
SRB-2021-2-002 Risk assessment, refugee, targeted group
ECH-2021-2-018 Safeguards, procedural, medical treatment, coercive
GER-2021-2-014 Safety, risk
BEL-2021-2-005 Salary, minimum
UKR-2021-2-004 Salary, minimum, determination, Cabinet of Ministers
UKR-2021-2-004 Sanction, punitive
RSA-2021-2-006 Schengen, Convention
ECJ-2021-2-007 Search of a person, preserving law and order
FRA-2021-2-008 Search, body, visual
FRA-2021-2-008 Search, lawyer, law, protection, inspection, remand facility
RUS-2021-2-006 Self-determination, democratic, right
GER-2021-2-016, GER-2021-2-013 Sexual assault, sentence not enforced, impunity
ECH-2021-2-016 Sexual offender, amnesty, cancelled
ECH-2021-2-016 Sexual offender, international arrest warrant
ECH-2021-2-016 Shortcomings, legislative process
MDA-2021-2-012 Social distancing
SLO-2021-2-006 Social media, expression
TUR-2021-2-002 Social media, propaganda, terrorism
TUR-2021-2-003 Social security, marriage
BRA-2021-2-018 Sovereign debt
GER-2021-2-012 Sovereign powers, transfer, limits
GER-2021-2-016, GER-2021-2-013 Specialised crime unit,
ALG-2021-2-006 Speech, freedom of
USA-2021-2-026 Speech, limitations on
USA-2021-2-026 Speech, political
NED-2021-2-001 Standard of review, EU law, domestic fundamental rights
GER-2021-2-011 State Attorney Council, decision, review
CRO-2021-2-007 State Attorney, deputy, appointment, ranking difference
CRO-2021-2-007 State fee, obstacle
KGZ-2021-2-001 State of emergency, public health, lockdown
ECH-2021-2-017 State policy, generally applicable
USA-2021-2-023 State policy, neutral
USA-2021-2-023 State, liability, exclusion
BRA-2021-2-016 State-subsidised housing construction, law, reviewed
CRO-2021-2-006 Suicide, medically assisted
POR-2021-2-008 Supervision, judicial authority
FRA-2021-2-008 Supervisory authority
ECJ-2021-2-010 Surveillance, secret, protection, journalist material, insufficient
ECH-2021-2-020 Suspension
POR-2021-2-011 Suspicion, legitimate
SUI-2021-2-003 Tariff, limit, determination
UKR-2021-2-004 Tax arrears
GER-2021-2-018 Tax collection agencies, compensation
ITA-2021-2-008 Tax law, legislator’s authority to categorise
GER-2021-2-018 Tax, burden, equality
GER-2021-2-018 Tax, character, retributive
ITA-2021-2-008 Tax, interest rate
GER-2021-2-018 Tax, unequal treatment
GER-2021-2-018 Taxation, legislative discretion
GER-2021-2-018 Time-bar, criminal and administrative offences
POR-2021-2-011 Tradition, constitutional, common to member states
GER-2021-2-011 Unbearable suffering
POR-2021-2-008 Unemployment, benefit, condition
SUI-2021-2-002 Unemployment, benefits, equality
SUI-2021-2-002 Unified Patent Court
GER-2021-2-016 Union law, principles, equal treatment, democracy
ECJ-2021-2-009 United Nations Convention on the Rights of Persons with Disabilities
GER-2021-2-010 Vaccination, child, duty, refusal, fine on parent, exclusion of children from preschool
ECH-2021-2-015 Vaccine, coverage, Europe, consensus
ECH-2021-2-015 Vaccine, safety, precautions
ECH-2021-2-015 Video surveillance, cell, custody
FRA-2021-2-008 Votes cast, calculation, abstentions, exclusion
ECJ-2021-2-009 Voting, early ballot
USA-2021-2-028 Voting, traditional in-person ballot
USA-2021-2-028 Vulnerable persons
GER-2021-2-014 Vulnerable, protection, solidarity
ECH-2021-2-015 War crime
SWE-2021-2-005 War crime, compensation
BRA-2021-2-019 War, victim
BRA-2021-2-019 Weapon, licence
SWE-2021-2-008 Woman, rights, advancements
MEX-2021-2-003 Women’s quota
MEX-2021-2-003 Work, right
UKR-2021-2-004 Workers’ Statute
ITA-2021-2-007 Young person, automatic right of appeal, criminal law
CAN-2021-2-003