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e-Bulletin on Constitutional Case-Law
2022/3
The electronic Bulletin on Constitutional Case-Law ("e-Bulletin") is produced by the European Commission for Democracy through Law, better known as the Venice Commission. 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. Van Dijk
Legal Officer, Division III
European Commission for Democracy through Law (�Venice Commission�)
June 2023
A. List of pr�cis by country
A. List of pr�cis by country
ARG-2022-3-003 a) Argentina / b) Supreme Court / c) / d) 20.09.2022 / e) FGR 28817/2018/1/RH1 / f) Qiu, Wenzhan c. Direcci�n Nacional de Migraciones s/ Impugnaci�n de acto administrativo /
According to Section 29 of Argentine Public Law of Immigration no. 25.871, the dispensation for family reunification reasons constitutes an exceptional and restrictive discretionary power of the National Directorate of Immigration (hereinafter, "DNM"), which necessarily presupposes the existence of a clear petition of the interested party before the immigration authority along with the... Read more
1.2.1.4
Constitutional Justice - Types of claim - Claim by a public body - Organs of federated or regional authorities.
1.3.4.12
Constitutional Justice - Jurisdiction - Types of litigation - Conflict of laws.
1.3.5.12
Constitutional Justice - Jurisdiction - The subject of review - Court decisions.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.20
General Principles - Reasonableness.
3.22
General Principles - Prohibition of arbitrariness.
4.6.2
Institutions - Executive bodies - Powers.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Expulsion, foreigner / Immigration / Family reunification / Arbitrariness / Disregard of the records of the case / Extraordinary appeal / Federal rules.
ARM-2022-3-001 a) Armenia / b) Constitutional Court / c) / d) 29.04.2021 / e) DCC-1590 / f) The case concerning the constitutionality of Articles 86.2, 86.7 and 5.2(4.2) of the Constitutional Law on the Rules of Procedure of the National Assembly, originating in an application of at least one fifth of the total number of deputies of the National Assembly /
The Constitution envisages a review of the constitutionality of draft amendments to the Constitution, the observance of which rule guarantees the stability of the constitutional order, prevents the adoption of norms contrary to the principles and values underlying the Constitution, and can serve as an effective means for the citizens of the Republic of Armenia and the National Assembly to make... Read more
1.1.4.2
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies.
1.3.5.9
Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules.
2.1.1
Sources - Categories - Written rules.
3.9
General Principles - Rule of law.
4.5.2
Institutions - Legislative bodies - Powers.
4.5.6.4
Institutions - Legislative bodies - Law-making procedure - Right of amendment.
Amendments / Constitution / Preliminary review / Rules of procedure.
AUT-2022-3-004 a) Austria / b) Constitutional Court / c) / d) 29.09.2022 / e) SV 1/2021 / f) /
The principle of proportionality inherent in Article 6.1 ECHR cannot be applied in such a way as to compel an international organisation like the Organisation of the Petroleum Exporting Countries OPEC (hereinafter, "OPEC") to submit itself to national jurisdiction in relation to employment contracts. However, the headquarters State is required to convince itself that employees have available to... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.19
General Principles - Margin of appreciation.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
International organisation, staff, protection of fundamental rights / Privileges and immunities / International organisation, immunity from jurisdiction.
AZE-2022-3-005 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 15.09.2022 / e) / f) Interpretation of Article 125 of the Criminal Code /
Questions had arisen in judicial practice over the definition of incidents of suicide or attempted suicide and incitement thereto.
3.10
General Principles - Certainty of the law.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Suicide, attempted suicide, incitement.
AZE-2022-3-006 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 14.11.2022 / e) Baku / f) Verification of compliance of Article 4.0.1.13 of the Law on Social Benefits with Articles 25.I, 25.III, 38.I, 38.III, 149.I and 149.III of the Constitution /
Benefits for women raising more than five children on their own were defined in the legislation on social benefits but not for single fathers in that position. This raised questions over social security and equality rights, and discrimination against single fathers raising more than five children.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Social assistance, single fathers.
BEL-2022-3-005 a) Belgium / b) Constitutional Court / c) / d) 20.10.2022 / e) 134/2022 / f) /
Medical practitioners who perform euthanasia do not commit any offence if they have ascertained that the patients satisfy the substantive requirements for euthanasia and if they have complied with the requirements and procedures laid down by the Law of 28�May 2002 relating to euthanasia. There is no reasonable justification for applying a single offence to any failure to comply with these... Read more
3.20
General Principles - Reasonableness.
5.2
Fundamental Rights - Equality.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Euthanasia, medical practitioner, offence.
BEL-2022-3-006 a) Belgium / b) Constitutional Court / c) / d) 10.11.2022 / e) 147/2022 / f) /
A law prohibiting in principle the installation of new oil-fired boilers and the replacement of existing oil-fired boilers constitutes control of the use of property that is necessary for the protection of the environment and public health.
3.17
General Principles - Weighing of interests.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Energy, source, regulation / Heating, installation, oil-fired boiler / Greenhouse gas / Pollution / Margin of appreciation.
BIH-2022-3-005 a) Bosnia and Herzegovina / b) Constitutional Court / c) Chamber / d) 20.04.2022 / e) AP-399/22 / f) /
The absence of an adequate and convincing explanation in relation to the main issue concerning the determination of the amount for the support of a minor child is a violation of the right to a fair trial. The amount for supporting a minor child must be determined in the child�s best interests and sufficient for the needs of the child�s age.
2.1.1.4.15
Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Child support, amount / Child, best interests / Best interests of the child.
BIH-2022-3-006 a) Bosnia and Herzegovina / b) Constitutional Court / c) Plenary / d) 11.05.2022 / e) AP-3206/20 / f) /
Banning the suspect, who is a public figure, from communicating with media representatives about facts related to the criminal proceedings against him does not constitute a violation of freedom of expression.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Criminal proceedings, measures / Media, access, restriction / Suspect.
BRA-2022-3-006 a) Brazil / b) Supreme Court / c) Full Court / d) 16.08.2022 / e) Direct Action of Unconstitutionality 6970 (ADI 6970) / f) COVID-19 and compensation for disability or death of health professionals due to the pandemic /
A federal rule providing for financial compensation of an indemnity nature to be paid by the Union for permanent incapacity or death of health professionals resulting from the direct care of patients affected by Covid-19 is constitutional; it does not impinge upon the work of the federal public administration.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.1.5
Fundamental Rights - General questions - Emergency situations.
COVID-19, pandemic, state, finance / COVID-19, special legal order / Damage, compensation, scope / Damage, compensation, State, conditions.
BRA-2022-3-007 a) Brazil / b) Supreme Court / c) Full Court / d) 21.09.2022 / e) Referral of the provisional remedy on the Direct Action of Unconstitutionality 6119, 6139 and 6466 (ADI 6119 MC-Ref; ADI 6139 MC-Ref and ADI 6466 MC-Ref) / f) Flexibility in the acquisition of firearms through a presidential decree /
Questions arose over a presidential decree which relaxed the criteria and requirements for the acquisition of firearms. These provisions impinge upon legislative competence; it is not up to the executive to create presumptions of effective need for the acquisition of a firearm which differ from the hypotheses already accounted for in legislation.
1.1.1.1.4
Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Rule issued by the executive.
3.4
General Principles - Separation of powers.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
Firearm, permit / Firearm, fitness to possess / Firearm, right to keep and bear / Firearm, use, conditions / Public safety, firearm.
BRA-2022-3-008 a) Brazil / b) Supreme Court / c) Full Court / d) 22.09.2022 / e) Extraordinary Appeal 1008166 (RE 1008166) / f) Fundamental right of basic education /
The State is responsible for ensuring day-care and preschool places for children aged up to five years old.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Education, access, basic education / Education, state, duty / Education, pre-school.
BRA-2022-3-009 a) Brazil / b) Supreme Court / c) Full Court / d) 02.11.2022 / e) Fourth Referral on the Incidental Emergency Relief on the Claim of Non-Compliance with a Fundamental Precept 828 (ADPF 828 TPI-fourth Ref) / f) resumption of repossessions suspended due to Covid-19 /
In view of the diminishing effects of the COVID-19 pandemic, new transitional arrangements need to be adopted, for the resumption of repossessions of property suspended due to the virus. Courts should set up commissions to mediate possible evictions prior to any court decision, to reduce the housing and humanitarian impacts in cases of collective eviction.
3.20
General Principles - Reasonableness.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.13
Fundamental Rights - Economic, social and cultural rights - Right to housing.
COVID-19, epidemic, pandemic / COVID-19, regulations, scope, limits / Repossession, property, suspension, resumption / Housing, eviction, arbitrariness, protection / Property, deprivation, time period / Property, illegally occupied, eviction.
BRA-2022-3-010 a) Brazil / b) Supreme Court / c) Full Court / d) 03.11.2022 / e) Direct Action of Unconstitutionality due to omission 59 (ADO 59) / f) The Federal Government shall resume the projects funded by the Amazon Fund /
The presidential decrees that altered the Amazon Fund were unconstitutional. They halted the funding of projects to preserve the Amazon, thus representing failure on the part of the government to comply with its constitutional duty to preserve the Forest.
4.6.10.2
Institutions - Executive bodies - Liability - Political responsibility.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Environment, conservation / Environment, protection, Amazon Fund.
CAN-2022-3-005 a) Canada / b) Supreme Court / c) / d) 28.10.2022 / e) 39360 / f) R. v. Ndhlovu /
Canada�s national sex offender registry was created by the Sex Offender Information Registration Act (hereinafter, "SOIRA"). Sections 490.012 of the Criminal Code provides that SOIRA orders are mandatory for offenders convicted of designated offences such as sexual assault and other sexual offences. Section 490.013.2.1 of the Criminal Code mandates lifetime registration for individuals convicted... Read more
3.16
General Principles - Proportionality.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Registry, sex offender / Sex offender, mandatory registration.
CAN-2022-3-006 a) Canada / b) Supreme Court / c) / d) 04.11.2022 / e) 39346 / f) R. v. Sharma /
Section 742.1.c of the Criminal Code, which makes conditional sentences unavailable for any offence with a maximum term of imprisonment of 14 years or life, and Section 742.1.e.ii, which makes conditional sentences unavailable for offences, prosecuted by indictment, having a maximum term of imprisonment of 10 years and involving the import, export, trafficking, or production of drugs, are... Read more
5.2.2.2
Fundamental Rights - Equality - Criteria of distinction - Race.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Sentence, conditional, unavailability / Indigenous offender, conditional sentence.
CRC-2022-3-001 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 10.05.2022 / e) 10549/2022 / f) /
When making amendments to the Constitution, parliamentarians must properly consider and construe the rights enshrined in the Constitution. Amendments must be fair and avoid arbitrariness. A fair balance must be struck between significant universal principles and rights such as the general principle of equality and the principle of the superior interests of the child, against the background of... Read more
1.3.3
Constitutional Justice - Jurisdiction - Advisory powers.
1.3.5.9
Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules.
2.1.1.4.15
Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
2.3.11
Sources - Techniques of review -
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
5.3.33.1
Fundamental Rights - Civil and political rights - Right to family life - Descent.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Member of parliament, remote voting, right / Superior interest of the child, principle.
CRC-2022-3-002 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 21.10.2022 / e) 025167/2022 / f) /
Article 13.3 of the American Convention on Human Rights (hereinafter, "ACHR"), provides that the freedoms of expression and of the press are to be protected against indirect forms of control, such as the abuse of governmental powers.
Candidates to high public office must tolerate criticism, during the electoral process and after being elected in office.
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
3.22
General Principles - Prohibition of arbitrariness.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.22
Fundamental Rights - Civil and political rights - Freedom of the written press.
Freedom of expression, restriction, indirect forms or methods / Censorship, prohibition / Government, power, abuse.
ECH-2022-3-010 a) Council of Europe / b) European Court of Human Rights / c) Section I / d) 07.07.2022 / e) 28470/12 / f) Safi and Others v. Greece /
Specific omissions and delays by the national authorities in conducting and organising an operation to rescue refugees whose boat had sunk, causing several deaths: violation of right to life (Article 2 ECHR). Lack of effective investigation into the sinking of a boat carrying refugees, some of whom died: procedural violation of Article 2 ECHR.
Body searches of refugees arriving on a Greek... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Life, effective investigation / Right to life, investigation, effective / Right to life, substantive aspect, procedural aspect / Investigation, criminal, effectiveness / Immigration, procedure / Vulnerable persons, protection / Degrading, treatment, severity, minimum / Search, body, conditions / Refugee / Immigrant, illegal.
ECH-2022-3-011 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 11.07.2022 / e) 28749/18 / f) Kavala v. T�rkiye [GC] /
T�rkiye had failed to fulfil its obligation under Article 46.1 ECHR to abide by the Kavala v. T�rkiye judgment of 10 December 2019. The European Court of Human Rights was unable to conclude that the State Party had acted in "good faith", in a manner compatible with the "conclusions and spirit" of the Kavala judgment, or in a way that would make practical and effective the protection... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
Committee of Ministers, decision, binding force / Abuse of power / Execution of judgment / European Court of Human Rights, judgement, execution.
ECH-2022-3-012 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 13.07.2022 / e) Request P16-2021-002 / f) Advisory opinion requested by the French Conseil d��tat /
Difference in the treatment of landowners� associations set up before and after the creation of an approved municipal hunters� association: the Court replies to the Conseil d�Etat�s request for an advisory opinion.
In its request, the Conseil d��tat asked the Court about the relevant criteria for assessing the compatibility with Article 14 ECHR taken together with Article 1... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.16
General Principles - Proportionality.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
European Convention of Human Rights, Protocol 16 ECHR, opinion, advisory, scope / Discrimination / Proportionality, horizontal, definition / Property right, limitation / Property, agricultural, consolidation / Property, collective, exploitation / Property, control and use.
ECH-2022-3-013 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 14.09.2022 / e) 24384/19, 44234/20 / f) H.F. and Others v. France [GC] /
Refusal to repatriate French national detained in Kurdish-run camps after the fall of the "Islamic State". Given that the applicants could not validly argue that the mere decision of the French authorities not to repatriate their family members had the effect of bringing them within the scope of France�s jurisdiction as regards the ill-treatment to which they were subjected in Syrian camps under... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.10
Sources - Categories - Written rules - International instruments - Vienna Convention on the Law of Treaties of 1969.
5.1.1.1.1
Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad.
Repatriation, request, refusal / European Convention on Human Rights, applicability / Effective control / Jurisdiction, territorial, effective control / Arbitrariness, prohibition / Extraterritorial jurisdiction / Expulsion or return.
ECH-2022-3-014 a) Council of Europe / b) European Court of Human Rights / c) Section III / d) 21.07.2022 / e) 5797/17 / f) Darboe and Camara v. Italy /
Respect for private life: Unaccompanied minor asylum-seeker placed in adult reception centre, not provided minimum procedural guarantees in age-assessment procedure: violation of Article 8 ECHR.
Degrading and Inhuman treatment: Placement of minor in adult reception centre in inadequate conditions for more than four months and subjected to age-assessment procedure breaching Article 8 ECHR:... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Physical and psychological integrity, right, minor, protection, general interest, pressing reason / Minor child, international protection, application, rejection / Minor, foreign, unaccompanied, degrading treatment / Private life, right / Effective remedy.
ECH-2022-3-015 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 30.08.2022 / e) 47358/20 / f) C. v. Romania /
Positive obligations of a State under Article 8 ECHR: in criminal proceedings concerning the allegation of sexual harassment, the significant flaws in the investigation meant the State did not sufficiently protect the applicant�s right to respect for her private life, in particular her personal integrity..
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
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.
Investigation, inadequate / Physical and psychological integrity, right, vulnerable person, protection / Sexual harassment, work.
ECH-2022-3-016 a) Council of Europe / b) European Court of Human Rights / c) Section V / d) 08.09.2022 / e) 3153/16, 27758/18 / f) Drelon v. France /
Respect for private life: Collection of data on sexual behaviour of potential blood donor based on speculation, and excessive length of data retention by public body: violation of Article 8.1 ECHR.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Blood transfusion, refusal / Blood, donation, exclusion, homosexuality / Data protection, unnecessary personal data, information concerning health / Disease, infectious / Private life, database / Private life, interference, proportionality.
CRO-2022-3-007 a) Croatia / b) Constitutional Court / c) / d) 04.05.2021 / e) U-I-4241/2018 / f) /
Certain provisions of the legislation governing the State Attorney�s Council reduced the options of the State Attorney�s Council to select between candidates for the office of deputy municipal state attorney to the top ten placed on the list of candidates. These provisions did not undermine the State Attorney�s Council�s to decide autonomously and independently on the appointment of deputy... 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.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
State Attorney, deputy, appointment, criteria / State Attorney�s Council, autonomy, restrictions.
CRO-2022-3-008 a) Croatia / b) Constitutional Court / c) / d) 27.09.2022 / e) U-III-2360/2017 / f) /
The Constitutional Court does not have jurisdiction to decide on a request lodged pursuant to the Courts Act for failure to render a Constitutional Court decision within a reasonable time.
3.4
General Principles - Separation of powers.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
Constitutional Court proceedings, length / Complaint, constitutional, admissibility.
CRO-2022-3-009 a) Croatia / b) Constitutional Court / c) / d) 26.10.2022 / e) U-III-1588/2022
A decision by the State Judicial Council on the appointment of two candidates as judges to the civil division of the Split County Court which contained statements in its reasoning about the performance of these candidates was not in breach of the right of access to any workplace of another candidate or their right to a fair trial in respect of the right to a statement of reasons for a decision.... Read more
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
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 Judicial Council, appointment of judges, decision, review / State Judicial Council, decision-making autonomy, restrictions / State Judicial Council, appointment of judges, process, length, COVID 19 pandemic / State Judicial Council, member, recusal / Judge, appointment, ranking difference.
CRO-2022-3-010 a) Croatia / b) Constitutional Court / c) / d) 20.12.2022 / e) U-I-3024/2022
Equal compensation for the establishment of the rights of easement, construction, or the right of way on public roads, for the purpose of placing communal water and energy installations, or electronic communications installations and related equipment, must be paid by all public and private law entities who are the holders of these rights. The amount of compensation is decided by the Government.... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
3.21
General Principles - Equality.
3.25
General Principles - Market economy.
4.8.7.1
Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Finance.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Competition, distortion / Competition, market, European Union model / Public Road land, right of use, compensation, equal / Public road land, right of use, compensation, exemption, criterion / State aid.
CRO-2022-3-011 a) Croatia / b) Constitutional Court / c) / d) 20.12.2022 / e) U-III-3686/2019 / f) /
Regardless of what expert finding and opinion it bases its decision, the court is obliged to give sufficient and relevant reasons for it.
Pursuant to Article 23 of the Constitutional Act on the Constitutional Court, the award of the costs of Constitutional Court proceedings is not a rule but is reserved for exceptional situations.
When deciding on the costs of the proceedings before it, the... Read more
1.4.14.3
Constitutional Justice - Procedure - Costs - Party costs.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Constitutional Court / Proceedings, costs, reimbursement, conditions / Complaint, constitutional, legal costs / Legal costs, reimbursement, refusal / Evidence, assessment in appeal proceedings / Evidence, evaluation / Expert medical opinion requested by a court.
EST-2022-3-001 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 31.10.2022 / e) 5-22-4 / f) Constitutional review of the provisions of the Infectious Diseases Prevention and Control Act serving as legal bases for government orders concerning corona /
General delegating norms of the law, which allow the Government of the Republic to issue legislation of specific application concerning the limitation of access to certain activities and quarantine requirements for unvaccinated persons during the COVID pandemic, are not contrary to the Constitution.
The state�s duty to protect its inhabitants in exceptional situations and to prevent hitherto... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.13
General Principles - Legality.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / COVID-19, special legal order, government powers / COVID-19, pandemic, legislative response / COVID-19, regulations, scope, limits / COVID-19, vaccination, infectious disease, obligation, policy / COVID-19, vaccine pass, places, access.
ECJ-2022-3-016 a) European Union / b) Court of Justice of the European Union / c) Fourth Chamber / d) 28.10.2022 / e) C-435/22 / f) Generalstaatsanwaltschaft M�nchen (Extradition and ne bis in idem) /
The authorities of a Member State are not to extradite a third-country national to another third country where that national has been convicted by final judgment in another Member State for the same acts as those referred to in the extradition request and has been subject to the sentence imposed in that State.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.14
Fundamental Rights - Civil and political rights -
Extradition, third state, request / Citizen of a third state / Member State, final conviction / Sentence served in this Member State / Schengen, Convention / Charter of Fundamental Rights of the European Union / Extradition, treaty / Extradition, foreigner, procedure, human rights / Ne bis in idem, interstate application / Double jeopardy, rule against.
ECJ-2022-3-017 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 08.11.2022 / e) C-704/20 / f) Staatssecretaris van Justitie en Veiligheid (Examination of office of the retention) /
A national court is required to ascertain of its own motion whether a detention measure taken in respect of an illegally staying foreign national or an asylum seeker is lawful.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.5.1.2
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
Third-country national / Asylum seeker protection international / Administrative detention / Judicial authority, ex officio control of the legality of the detention of a third-country national / Detention pending expulsion / Dublin Regulation / Charter of Fundamental Rights of the European Union.
ECJ-2022-3-018 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 15.11.2022 / e) C-646/20 / f) Senate Department for the Interior and Sport /
Automatic recognition of extrajudicial divorces: a divorce decree drawn up by the civil registrar of a Member State, containing a divorce agreement concluded by the spouses and confirmed by them before that registrar in accordance with the conditions laid down by the legislation of that Member State, constitutes a �judgment� within the meaning of the Brussels IIa Regulation
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Extrajudicial divorce, recognition / Notion of "divorce decision" / Divorce established by the civil registrar of a Member State, automatic recognition / Divorce, applicable law.
ECJ-2022-3-019 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 22.11.2022 / e) C-69/21 / f) Staatssecretaris van Justitie en Veiligheid (Removal � Therapeutic Cannabis) /
A third country national who is suffering from a serious illness may not be removed if, in the absence of appropriate medical treatment in the receiving country, that national risks being exposed to a real risk of a rapid, significant and permanent increase in the pain linked to that illness.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Third-country nationals, illegal stay, return / National suffering from a serious illness / Treatment unavailable in the country of origin / Expulsion, postponement, conditions / Refugee status / Subsidiary protection / Residence permit / Charter of Fundamental Rights of the European Union / Medical treatment, discontinuation / Private life, consequence, serious / Health, protection, effective / Health, risk.
ECJ-2022-3-020 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 08.12.2022 / e) C-460/20 / f) Google (Dereferencing of allegedly inaccurate content /
Right to erasure ("right to be forgotten"): the operator of a search engine must dereference information found in the referenced content where the person requesting dereferencing proves that such information is manifestly inaccurate.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.1
Fundamental Rights - General questions.
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.
Data, personal, mandatory publication / Data, personal, natural person / Search engine, de-referencing / Personal data, controller / Defamation, internet / Personal data protection / Burden of proof / Private life, protection.
ECJ-2022-3-021 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 22.12.2022 / e) C-237/21 / f) Generalstaatsanwaltschaft M�nchen (Request for extradition to Bosnia and Herzegovina) /
Extradition of a Union citizen to a third State in order for him to serve a sentence in that State may be justified to prevent the risk of impunity.
5.1.1.1.1
Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Extradition, Union citizen / Third State, extradition request / Extradition, Union citizen, defence / Right to extradition, conditions / Treaty of Lisbon / Non-discrimination principle / Free movement of persons / Residence, choice, free / Custodial sentence / Extradition, national, possibility / European Convention on Extradition / Charter of Fundamental Rights of the European Union.
FRA-2022-3-011 a) France / b) Constitutional Council / c) / d) 21.10.2022 / e) 2022-1016 QPC / f) ContextLogic Inc (Delisting of an online interface) /
The Constitutional Council holds that the legislative provisions allowing the authorities to order the delisting of an online interface whose content is manifestly unlawful are constitutional.
3.17
General Principles - Weighing of interests.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
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.
Online interface, delisting.
FRA-2022-3-012 a) France / b) Constitutional Council / c) / d) 25.10.2022 / e) 2022-3 RIP / f) Private member�s bill introducing an additional levy on windfall profits of major companies /
The Constitutional Council holds that the private member�s bill introducing an additional levy on windfall profits of major companies does not satisfy the constitutional and institutional requirements for commencing the phase of collecting votes in favour under the "joint initiative referendum" procedure.
The sole effect of the bill is to supplement the state budget by introducing a measure... Read more
4.9.2.1
Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Admissibility.
Company, windfall profit, additional levy / Joint initiative referendum.
FRA-2022-3-013 a) France / b) Constitutional Council / c) / d) 28.10.2022 / e) 2022-1021 QPC / f) Ms Marie P. (Applications for the annulment of investigative measures, filed by journalists who are neither parties to proceedings nor assisted witnesses) /
The Constitutional Council holds that legislative provisions that prevent third parties to proceedings from seeking the annulment of investigative measures which, in the context of criminal proceedings, were carried out in breach of the confidentiality of sources are constitutional.
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.
5.3.13.7
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.13.21
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Languages.
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.
5.3.36.3
Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications.
Journalist, source, confidentiality / Investigations, criminal, breach of confidentiality of sources.
FRA-2022-3-014 a) France / b) Constitutional Council / c) / d) 10.11.2022 / e) 2022-1022 QPC / f) Ms Zohra M. and others (Refusal by a medical practitioner to apply advance directives that are manifestly inappropriate or incompatible with the medical situation of the patient) /
The Constitutional Council holds that the legislative provisions on the conditions in which medical practitioners may override the advance directives of patients at the end of their lives are constitutional.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Life, end, advance directives / Margin of appreciation, medical practitioner.
FRA-2022-3-015 a) France / b) Constitutional Council / c) / d) 15.12.2022 / e) 2022-844 DC / f) Legislation introducing emergency measures relating to the functioning of the labour market with a view to achieving full employment /
The Constitutional Council held that the following provisions of the law introducing emergency measures relating to the functioning of the labour market with a view to achieving full employment were constitutional:
- Article 1 of this law, which provides that, as an exception to the normal rules, a Council of State decree shall determine the measures for implementing the legislation on... Read more
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.11
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
5.4.15
Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits.
Labour, presumption of resignation, abandonment of post / Worker deprived of employment, compensation.
FRA-2022-3-016 a) France / b) Constitutional Council / c) / d) 20.12.2022 / e) 2022-845 CC / f) 2023 Social Security Finance Law /
Asked to rule on the 2023 Social Security Finance Law, the Constitutional Council struck down provisions limiting health insurance compensation for sick leave prescribed via teleconsultation, together with 11 "social riders".
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Teleconsultation, sick leave, compensation / Insurance, health, compensation, limitation.
FRA-2022-3-017 a) France / b) Constitutional Council / c) / d) 29.12.2022 / e) 2022-847 DC / f) 2023 Finance Law /
Asked to rule on the 2023 Finance Law, the Constitutional Council dismissed criticism concerning the procedure for its adoption and struck down seven "fiscal riders".
4.5.7.3
Institutions - Legislative bodies - Relations with the executive bodies - Motion of censure.
4.10
Institutions - Public finances.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
Finances, law, adoption, procedure / National Assembly, vote of confidence, government / Law, finance, sincerity / lotteries, revenues, earmarking.
GER-2022-3-019 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 03.06.2022 / e) 1 BvR 2354/13 / f) Data sharing powers of domestic intelligence agencies /
The legislative competence of the Federation under Article 73.1 no. 10 of the Basic Law extends to cooperation between the Federation and the federal states and to cooperation between the federal states themselves; however, it does not encompass legislation concerning cooperation between authorities within the same federal state.
While the principle of legal clarity limits the use of chains of... Read more
3.12
General Principles - Clarity and precision of legal provisions.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Surveillance, secret, measure / Data collection, secret / Data, personal, treatment / Personal data, collection / Personal data, protection / Police, criminal authority, judicial supervision / Police, measure / Police, surveillance, limits / Privacy, invasion, proportionality / Security, public, danger / Data, use, purpose limitation, principle / Right to informational self-determination.
GER-2022-3-020 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 03.06.2022 / e) 2 BvE 8/21 / f) Parliamentary right of inquiry regarding the Federal Office for the Protection of the Constitution /
The right of a member of the Bundestag under the second sentence of Article 38.2 of the Basic Law to ask questions and to receive information from the Federal Government concerning the organisation and performance of tasks by intelligence services is not subject to limitation in the sense of a "sectoral exception".
The Parliamentary Oversight Panel is merely an additional instrument of... Read more
3.4
General Principles - Separation of powers.
4.5.7.1
Institutions - Legislative bodies - Relations with the executive bodies - Questions to the government.
Decision making, executive, core sphere / Information, access, limits / Information, confidential, access / Parliament, controlling function / Parliament, enquiry, guarantee / Parliament, member, supervision of government authorities / Parliament, right to be informed / Secret, information, disclosure.
GER-2022-3-021 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 29.09.2022 / e) 1 BvR 2380/21, 1 BvR 2449/21 / f) Veterinary prescription requirement /
When reviewing the constitutionality of a provision, it is not decisive if the relevant reasons for enacting the provision have been expressly set out in the legislative process or have been specified in the legislative materials. Rather, in such a review, the purposes that must be taken into consideration also include purposes that can be clearly derived from the legislator�s intent or are put... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Animal, welfare / Drug, prescription / Legislative process / Legislator, intent, determination / Legitimate aim, law.
GER-2022-3-022 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 13.10.2022 / e) 2 BvR 1111/21 / f) Act of approval of ESM amendments /
A transfer of sovereign powers to the EU or to an intergovernmental institution that supplements or is otherwise closely aligned with the EU in the sense of Article 23.1 of the Basic Law occurs only when the EU or an intergovernmental institution is authorised to implement measures with direct consequences for legal subjects in Germany.
De facto changes of the integration agenda of the EU... Read more
3.1
General Principles - Sovereignty.
3.3.1
General Principles - Democracy - Representative democracy.
3.26
General Principles - Fundamental principles of the Internal Market.
4.10.2
Institutions - Public finances - Budget.
4.17.1.6
Institutions - European Union - Institutional structure - European Central Bank.
4.17.2
Institutions - European Union - Distribution of powers between the EU and member states.
Responsibility, budgetary, German Bundestag / Relationship, legitimising, between the European Stability Mechanism and parliament / Constitution, identity / Budget, right to decide / German Bundestag, rights / Economic policy / Monetary policy / Eurosystem.
GER-2022-3-023 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 19.10.2022 / e) 1 BvL 3/21 / f) [Special Rate in the Asylum Seekers� Benefits Act] /
The state has a duty to provide the means to ensure that the existential minimum in accordance with human dignity is upheld. This objective constitutional duty gives rise to a corresponding individual right to benefits for those in need. Such right extends to those means that are absolutely necessary for maintaining a life in accordance with human dignity.
The Basic Law does not preclude the... Read more
3.5
General Principles - Social State.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
Asylum, seeker, social benefits, amount / Dignified minimum existence, fundamental right to guarantee / Under-funding / Benefits, calculation.
GER-2022-3-024 a) Germany / b) Federal Constitutional Court / c) First Chamber of the First Panel / d) 24.10.2022 / e) 1 BvR 19/22 / f) Post-mortem Personality Right /
Only living persons are holders of the general right of personality, as enshrined in Article 2.1 in conjunction with Article 1.1 of the Basic Law. After their death, a person is no longer protected by this right. However, it would be incompatible with the constitutional guarantee of the inviolability of human dignity, as enshrined in Article 1.1 of the Basic Law, if a person could be degraded or... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
Compensation, claim / Deceased, personality, protection / Deceased, reputation, respect, right / Defamation, memory of deceased / Human dignity, reputation / Human dignity, violation, monetary compensation / Personality right, public figure.
GER-2022-3-025 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 26.10.2022 / e) 2 BvE 3/15, 2 BvE 7/15 / f) EUNAVFOR MED (Federal Government�s duty to inform Parliament) /
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 extends to measures in the domains of the Common Foreign and Security Policy and the Common Security and Defence Policy.
Providing the Parliament with classified information, which is then subject to the Parliament Rules on Document Security, does... Read more
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.
Confidential information, protection / Constitutional Justice, types of claim, parliamentary group / Defence policy / European Union, negotiations, member state, representative / Government, executive decision-making, autonomous / Military operation, defence, international / Organstreit (dispute between constitutional organs) / Parliament, government, relation, European integration / Parliament, information rights / Parliament, powers, European integration / Parliament, responsibility, European integration.
GER-2022-3-026 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 08.11.2022 / e) 2 BvR 2480/10, 2 BvR 421/13, 2 BvR 786/15, 2 BvR 756/16, 2 BvR 561/18 / f) European Patent Office /
Acts of supranational organisations within the meaning of Article 24.1 of the Basic Law cannot be directly challenged by a constitutional complaint.
To the extent that such supranational organisations adopt legal acts, the Constitutional Court�s review may consider the domestic act approving the transfer of sovereign powers and whether the organs of the supranational organisation subsequently... Read more
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.4.9.1
Constitutional Justice - Procedure - Parties -
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.
4.16.1
Institutions - International relations - Transfer of powers to international institutions.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
European Patent Office, immunity from jurisdiction / Fair trial, appeal, right / Judicial independence / Patent, dispute / Supranational organisation, act, protection of individual.
GER-2022-3-027 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 06.12.2022 / e) 2 BvR 547/21, 2 BvR 798/21 / f) Act Ratifying the EU Own Resources Decision � Next Generation EU /
Constitutional complaints directed against the Act Ratifying the EU Own Resources Decision, can be admissible if they claim a violation of the right to democratic self-determination derived from the first sentence of Article 38.1 in conjunction with Article�20.1, 20.2 and Article 79.3 of the Basic Law.
The Constitutional Court can use the ultra vires doctrine to determine whether the... Read more
1.3.4.14
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states.
1.3.5.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law.
3.3.1
General Principles - Democracy - Representative democracy.
3.19
General Principles - Margin of appreciation.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
4.10.2
Institutions - Public finances - Budget.
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.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
COVID-19, pandemic / Capital markets, borrowing / Constitution, identity, review / Debt, public / Democracy, core, right, individual / European Union, borrowing / European Union, budget / European Union, Council, decision, ratification, Member States / European Union, Member States, finances / European Union, own resources / European Union act, ultra vires, review / Pandemic, COVID-19, social and economic effects, recovery / Parliament, powers, budgetary / Public finances, liabilities, risk assessment / Recovery instrument / Right to vote, self-determination, democratic.
HUN-2022-3-011 a) Hungary / b) Constitutional Court / c) Plenary / d) 04.10.2022 / e) 23/2022 (X. 19.) AB / f) Establishment of conflict with the Constitution, annulment and ban on application of Government Decree 22/2019 (II. 25.) on the repeal of Government Decree 449/2013 (XI. 28.) on the procedure for the return of disputed cultural property held in public collections and on the transitional provisions related thereto /
Legislation which changes the burden of proof that falls to the claimant in proceedings that are ongoing runs counter to the prohibition of retrospective legislation and is thus unconstitutional.
3.10
General Principles - Certainty of the law.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.38
Fundamental Rights - Civil and political rights - Non-retrospective effect of law.
Burden of proof, changes, ongoing proceedings.
HUN-2022-3-012 a) Hungary / b) Constitutional Court / c) Plenary / d) 25.10.2022 / e) 28/2022 (XI. 8.) AB / f) On the examination of Article 1 of the Act amending Act XC of 2017 on Criminal Procedure, amended in connection with the conditionality mechanism procedure, submitted to Parliament as Bill T/706., which has been adopted but not yet promulgated on 3 October 2020 /
The principle of the monopoly of prosecution does not exclude the introduction of an additional element in the framework of criminal proceedings concerning the protection of public assets.
3.10
General Principles - Certainty of the law.
4.7.4.3
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel.
4.10.8
Institutions - Public finances - Public assets.
4.15
Institutions - Exercise of public functions by private bodies.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Criminal prosecution, monopoly principle / Prosecution, third parties, right.
HUN-2022-3-013 a) Hungary / b) Constitutional Court / c) Plenary / d) 15.11.2022 / e) 30/2022 (XII.6) AB / f) on establishing an omission and a constitutional requirement in relation to certain provisions of Act XL of 1994 on the Hungarian Academy of Sciences and on the Act LXXVI of 2014 on Research, Development and Innovation. as amended by Act LXVIII. of 2019 on restructuring of the institutional framework and financing of the research, development and innovation system /
The reorganisation of certain tasks of institutions with a public-service mission may affect the exercise of rights relating to the property associated with the exercise of that mission. The designation of a new holder of property is not automatic. The absence of a guaranteeing regulation that meets the requirements of the rule of law and the right to property may give rise to an unconstitutional... Read more
3.10
General Principles - Certainty of the law.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.21
Fundamental Rights - Economic, social and cultural rights - Scientific freedom.
Academy, property.
IRL-2022-3-004 a) Ireland / b) Supreme Court / c) O�Donnell C.J., MacMenamin J., Dunne J., Charleton J., Baker J., Hogan J., Power J. / d) 11.11.2022 / e) 1124/21 / f) Costello v. The Government of Ireland, Ireland and the Attorney General /
The Supreme Court held that the Constitution of Ireland precludes the Government and D�il �ireann from ratifying the EU-Canada Comprehensive Economic and Trade Agreement (hereinaftere, "CETA") as Irish law now stands.
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
3.1
General Principles - Sovereignty.
International agreement, constitutionality / International law, domestic law, relationship / Trade agreement, international, constitutionality, assessment / Sovereign power, limitation / Ratification Act, constitutionality, amendment.
ITA-2022-3-008 a) Italy / b) Constitutional Court / c) / d) 31.05.2022 / e) 131/2022 / f) /
The way in which a surname professes a child�s family identity must reflect and show respect for the parity and equal dignity of the parents. The rule attributing paternal surnames to children is a holdover of a patriarchal idea of the family. It is the echo of a disparity of treatment.
A child�s surname must consist of the surnames of the parents, except where they agree otherwise. The paradigm... Read more
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
3.21
General Principles - Equality.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
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.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Children / Surname, paternal, disparity of treatment.
ITA-2022-3-009 a) Italy / b) Constitutional Court / c) / d) 16.06.2022 / e) 149/2022 / f) /
The fact of having two distinct classes of sanctions (one criminal, the other administrative) for the same conduct entails, just as necessarily, the prospect of the perpetrator facing several proceedings at the same time or consecutively. Thus, as soon as one of these proceedings concludes with a final decision on the (criminal or administrative) liability of the individual concerned, it is... Read more
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
5.2
Fundamental Rights - Equality.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
5.3.14
Fundamental Rights - Civil and political rights -
Punitive sanctions / Criminal charges / Administrative sanctions / Double jeopardy, administrative, nature of the offence.
ITA-2022-3-010 a) Italy / b) Constitutional Court / c) / d) 22.07.2022 / e) 183/2022 / f) /
The requirements that protection against unlawful dismissal be effective, adequate and dissuasive also apply to dismissals by smaller employers.
In a system hinging on the tendentially general scope of protection in the form of monetary compensation, the specificity of small organisational realities, which nevertheless remains in the current economic system, cannot justify a disproportionate... Read more
3.14
General Principles -
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
3.21
General Principles - Equality.
5.2
Fundamental Rights - Equality.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Dismissal, unlawful, compensation.
KGZ-2022-3-001 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 16.09.2020 / e) 5-P / f) Review of the constitutionality of Article 106.4 of the Civil Procedure Code /
Insolvency of the interested parties should not prevent them from exercising 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 / Payment / Equality and non-discrimination / Insolvency.
KGZ-2022-3-002 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 14.10.2020 / e) 7-P / f) Review of the constitutionality of paragraph 3 of the Regulations on the ID card /
Information regarding ethnic affiliation is included only in an electronic data and is not indicated openly in the text form.
5.2.2.3
Fundamental Rights - Equality - Criteria of distinction - Ethnic origin.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
ID card / Ethnicity / Cultural identity / Equality and non-discrimination.
KGZ-2022-3-003 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 21.10.2020 / e) 8-P / f) Review of the constitutionality of Article 12.2, Article 28.2.1 of the constitutional Law on the Status of Judges /
No one shall be entitled to solicit a report from a judge on a specific judicial case, except where a matter concerning the liability of the judge is under examination.
4.7.4.1.6
Institutions - Judicial bodies - Organisation - Members - Status.
4.7.4.1.6.2
Institutions - Judicial bodies - Organisation - Members - Status - Discipline.
4.7.16.2
Institutions - Judicial bodies - Liability - Liability of judges.
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 function, responsible performance / Disciplinary liability / Disciplinary commission / Interference in the administration of justice / Independence, judiciary.
KGZ-2022-3-004 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 16.12.2020 / e) 10-P / f) Review of the constitutionality of Article 293.5 of the Criminal Procedure Code /
Detention is a preventive measure and can only be applied to the accused. The essence of detention as a preventive measure is that a person is deprived of liberty until the final decision of the court on his guilt. The main goal is to prevent that the accused escapes the investigation of the court, to allow the court to establish the truth in the specific case, and to ensure the execution of the... Read more
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
Right to liberty, minimum impairment / Detention, as a preventive measure / Detention, duration, prolongation / Delay, undue / Equality.
LIE-2022-3-003 a) Liechtenstein / b) Constitutional Court / c) / d) 29.08.2022 / e) StGH 2022-039 / f) /
In a situation where collecting enough signatures for a referendum on a decision of a municipal council has failed, it is constitutional to prevent citizens from launching municipal initiatives on issues which have already been subject to a decision of the municipal council.
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
Conditions / Referendum, local / Initiative, local, admissibility.
LTU-2022-3-001 a) Lithuania / b) Constitutional Court / c) / d) 27.04.2022 / e) KT50-A-N4/2022 / f) Information indicated in electoral posters that candidates for political representative institutions have been found guilty of a criminal act /
When regulating the way information about a candidate who has been found guilty of a criminal act is presented in electoral campaign materials such as posters, the legislature must take into account the fact that a criminal act can be very diverse in nature. It can be committed through negligence as well as intentionally and can cause greater or lesser degrees of harm. Consideration must be given... Read more
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
4.9.8
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material.
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.
Election, national parliament / Election, European Parliament / Election, municipal councils / Information, candidate / Candidate, criminal offence.
LTU-2022-3-002 a) Lithuania / b) Constitutional Court / c) / d) 21.06.2022 / e) KT79-N8/2022 / f) The right of the National Public Health Centre to assign binding measures to employees for the control of communicable diseases in humans /
When seeking to ensure the universal constitutional right to have proper, safe, and healthy conditions at work and when regulating the measures for controlling and managing communicable diseases, the Constitution allows the legislature discretion to establish which competent public health institution has the power to decide what measures laid down in laws and sub-statutory legal acts... Read more
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Control, communicable disease / State-level emergency / Quarantine.
LTU-2022-3-003 a) Lithuania / b) Constitutional Court / c) / d) 29.12.2022 / e) KT155-N16/2022 / f) The power of the Seimas Ombudspersons transferred to the Intelligence Ombudspersons to investigate complaints about the abuse of authority or bureaucratic intransigence by officials of intelligence institutions /
The legislature has the discretion under the Constitution, to decide on the areas in which other specialised institutions of control may be established to control the activities of state officials, and to establish their relationship with the Parliamentary Ombudspersons. However, when establishing such specialised institutions, the legislature must not assign to them such powers that would deny... Read more
4.5.2
Institutions - Legislative bodies - Powers.
4.11.3
Institutions - Armed forces, police forces and secret services - Secret services.
4.12.3
Institutions - Ombudsman - Powers.
Parliamentary Ombudspersons / Intelligence Ombudspersons / Bureaucratic intransigence.
LUX-2022-3-001 a) Luxembourg / b) Constitutional Court / c) / d) 25.11.2022 / e) 00172 / f) /
By requiring masks to be worn during activities in enclosed public spaces, the legislature introduced a measure which, according to the characteristics of COVID-19 as established by scientific research at that stage, was capable of effectively limiting the spread of the virus, without, however, disproportionately infringing the right to privacy, including the right to choose one�s clothing, since... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Fundamental right, nature / Right and freedom, legal limitation, obligation / Public health, protection / Privacy, infringement.
MEX-2022-3-007 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 12.01.2021 / e) JDC-1458/2021 / f) /
The principle of effective judicial protection guarantees individuals the right to access justice in a substantive and effective manner. Access to justice must provide effective remedies, and the failure to provide rulings in an understandable format can violate this principle. Jurisdictional bodies are required to implement easy-read formats to facilitate access to justice, especially for people... Read more
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
Impairment, visual, protection, inclusion, diversity, easy-read format / Judicial protection, access, remedies.
MEX-2022-3-008 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 07.04.2021 / e) SUP-JE-65/2021 / f) /
Judges, particularly local electoral judges, must conduct themselves ethically and uphold principles such as impartiality, equity, certainty, independence, and professionalism in order to ensure the proper functioning of the electoral system, in accordance with various international standards, including the Basic Principles on the Independence of the Judiciary and the recommendations of the... Read more
1.1.4.2
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies.
Judge, electoral, local / Conflict of interest, lack of impartiality, sanction.
MEX-2022-3-009 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 23.03.2022 / e) SUP- JDC-56/2022 / f) /
Article 41 of the Political Constitution of the United Mexican States establishes that political parties must promote the participation of women in electoral processes and guarantee gender parity in the composition of legislative bodies.
1.1.2.4
Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
Electoral body, composition, parity.
MEX-2022-3-010 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 10.04.2022 / e) SUP-REP-81/2022 / f) /
The obligation of the jurisdictional body to provide immediate, adequate, and effective protection to prevent possible damage to the personal integrity of the complainant in a timely manner arises when there is a complaint of gender-based violence, and the administrative authority has failed to rule on the issuance of precautionary measures.
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
Violence, gender, transsexual, political / Precautionary measures, adoption.
MEX-2022-3-011 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 24.08.2022 / e) SUP-REP-602-2022 and joint cases / f) /
An idiomatic expression directed towards both male and female legislators who voted against an initiative, where there is no intention to discriminate or undermine the dignity of women legislators just because they were women does not constitute discrimination towards women.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
Violence, gender, political / Stereotypes, discrimination, equality.
MEX-2022-3-012 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 14.09.2022 / e) SUP-REP-102/2021 and joint case SUP-REP-105/2021 / f) /
The constitutional provisions including the right to equality and non-discrimination oblige the administrative and jurisdictional authorities to intervene in cases of political violence against women under the due diligence scheme, to achieve effective prevention and act effectively in response to complaints, especially when the adoption of precautionary measures is requested. In accordance with... Read more
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
Violence, gender, political.
MEX-2022-3-013 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 28.09.2022 / e) SUP-JRC-101/2022 / f) /
The annulment of elections should only be done as a last resort, and should be determined only when serious, widespread, and systematic violations provided for by law are fully and objectively accredited.
1.2.4
Constitutional Justice - Types of claim - Initiation ex officio by the body of constitutional jurisdiction.
1.3.4.5
Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes.
1.5.4.4
Constitutional Justice - Decisions - Types - Annulment.
2.3.1
Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion.
2.3.10
Sources - Techniques of review - Contextual interpretation.
3.3.1
General Principles - Democracy - Representative democracy.
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
4.9.8.1
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing.
4.9.11.2
Institutions - Elections and instruments of direct democracy - Determination of votes - Electoral reports.
4.9.13
Institutions - Elections and instruments of direct democracy - Judicial control.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
Election, annulment, evidence, standard, campaign / Judicial review, elections, campaign finance, free and fair elections.
MDA-2022-3-011 a) Moldova / b) Constitutional Court / c) Plenary / d) 20.09.2022 / e) 17 / f) Exception of unconstitutionality of several provisions from Article 59.1 from the Insolvency Law no. 149 of 29 June 2012 /
It is essential that an insolvency administrator or liquidator has access to sufficient procedural guarantees providing a real opportunity to present his or her case before the competent authorities, so as to allow an effective defence against the measures affecting his or her rights.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
4.7.4.2
Institutions - Judicial bodies - Organisation - Officers of the court.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Insolvency, liquidator, administrator, court, access.
MDA-2022-3-012 a) Moldova / b) Constitutional Court / c) Plenary / d) 27.09.2022 / e) 18 / f) Constitutionality control of Article 25.1.g
Judges may be subject to verification of their compliance with the legal regime of conflicts of interest by the National Integrity Authority in so far as it does not refer to the control of conflicts of interest admitted in the administration of justice.
The National Integrity Authority does not have the competence to decide the dismissal of a judge. The Superior Council of Magistracy is the... Read more
3.9
General Principles - Rule of law.
4.7.4.1.5
Institutions - Judicial bodies - Organisation - Members - End of office.
4.7.4.1.6.1
Institutions - Judicial bodies - Organisation - Members - Status - Incompatibilities.
4.7.4.1.6.2
Institutions - Judicial bodies - Organisation - Members - Status - Discipline.
4.7.5
Institutions - Judicial bodies - Supreme Judicial Council or equivalent body.
Conflict of interest, judge / Official, high, recusal, judge, dismissal / Assets, declaration, failure, consequences, dismissal / Assets, declaration, judge, control.
MDA-2022-3-013 a) Moldova / b) Constitutional Court / c) Plenary / d) 03.11.2022 / e) 19 / f) Exception of unconstitutionality of Article 476.1 of the Contravention Code (reopening a final decision to apply the contravention sanction) /
A simple reassessment of the facts in the light of the applicable law cannot constitute a reason to reopen a final and binding judgment.
Lack of a time-limit in which the prosecutor can apply for reopening keeps the person who has been sanctioned for a contravention, even if it has been found facts to justify a reopening, in a state of continuous uncertainty.
3.10
General Principles - Certainty of the law.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.14
Fundamental Rights - Civil and political rights -
Reopening, criminal, proceedings, reassessment, final decision / Statute of limitations, period, uncertainty.
MDA-2022-3-014 a) Moldova / b) Constitutional Court / c) Plenary / d) 03.11.2022 / e) 20 / f) Exception of unconstitutionality of some provisions from Article 437.1 of the Civil Procedure Code /
The general requirement to type the appeal application also in cases where the plaintiff may not have an effective possibility to type the documents violates the right to access to a court.
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.
Access to court, condition / Appeal, requirement, formal / Formalism, excessive.
MDA-2022-3-015 a) Moldova / b) Constitutional Court / c) Plenary / d) 03.12.2022 / e) 21 / f) Control of the constitutionality of several provisions of Law no. 270 of 23 November 2018 regarding the unitary salary system in the budget sector, of Articles III and V of Law no. 271 of 23 November 2018 for the amendment of some legislative acts and Article VI of Law no. 257 of 16 December 2020 regarding the amendment of some legislative acts (salary of judges and members of the Superior Council of the Magistracy) /
The remuneration of judges and of the members of Superior Council of the Magistracy must be protected from monetary fluctuations. This objective can be achieved by adjusting salaries based on the inflation rate or based on other mechanisms that take into account the evolution of prices for basic products and services, as in the case of pension indexation.
4.7.4.1.6
Institutions - Judicial bodies - Organisation - Members - Status.
4.7.4.6
Institutions - Judicial bodies - Organisation - Budget.
4.7.5
Institutions - Judicial bodies - Supreme Judicial Council or equivalent body.
Judge, salary, judicial independence / Judge, remuneration, adequate.
POR-2022-3-012 a) Portugal / b) Constitutional Court / c) Third Chamber / d) 20.09.2022 / e) 557/22 / f) /
A Government Decree which classified the breaching of the obligation to confine as a crime of disobedience was unconstitutional; there was no normative continuity between it, the presidential decree and the parliamentary resolution. It represented intervention by the Government in matters that were within the partial legislative competence of parliament.
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
3.4
General Principles - Separation of powers.
4.18
Institutions - State of emergency and emergency powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic / Mandatory confinement.
POR-2022-3-013 a) Portugal / b) Constitutional Court / c) Third Chamber / d) 18.10.2022 / e) 653/22 / f) /
A provision whereby the Public Prosecutor can make certain criminal investigation proceedings secret without the defendant having a say in the matter is constitutional. Any such decision must be validated by the Judge of Criminal Investigation and the defendant will have the chance at various points in the proceedings to request information.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.13.8
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file.
Investigation, secrecy.
POR-2022-3-014 a) Portugal / b) Constitutional Court / c) First Chamber / d) 15.11.2022 / e) 557/22 / f) /
Questions had arisen over the admissibility of appeals to the Appeal Court when the procedural deadline had expired but certain exceptions had been introduced during the pandemic and the defendant in person believed they had more time.
3.12
General Principles - Clarity and precision of legal provisions.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
COVID-19, pandemic / Appeal, deadline, regulation.
POR-2022-3-015 a) Portugal / b) Constitutional Court / c) Second Chamber / d) 20.12.2022 / e) 943/22 / f) /
A norm that classified as a crime the mistreatment of companion animals was unconstitutional; it lacked clarity and was ambiguous.
3.13
General Principles - Legality.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Companion animals, maltreatment, legal protection.
MKD-2022-3-003 a) Republic of North Macedonia / b) Constitutional Court / c) / d) 01.12.2022 / e) Joined cases U.27/2020, U.289/2020 / f) /
Restriction on access to disability benefit based on age represents a violation of the principle of equal treatment of Article 9 of the Constitution.
3.9
General Principles - Rule of law.
5.1.1.4.2
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Discrimination, age / Social protection / Disability, benefit / Disabled person, social assistance, entitlement.
SRB-2022-3-003 a) Serbia / b) Constitutional Court / c) / d) 16.06.2022 / e) U�-9940/2018 / f) /
The courts are not immune from criticism and scrutiny. A clear distinction must, however, be made between criticism and insult. If the sole intent of any form of expression is to insult a court or members of that court, an appropriate punishment would not, in principle, constitute a violation of freedom of expression.
3.16
General Principles - Proportionality.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Freedom of expression, scope / Lawyer, freedom of expression / Judge, acceptable criticism, limit / Court, wrongful criticism, protection / Court, criticism, insult.
SLO-2022-3-004 a) Slovenia / b) Constitutional Court / c) / d) 07.01.2021 / e) U-I-246/19 / f) /
It follows from the constitutional provisions that regulate the position of judges and the right to judicial protection that the judicial function is reserved for the courts. The legislative and executive branches of power must not interfere in any way with the decision-making of courts in individual cases, including by discussing the legality or adequacy of individual judicial decisions or how... Read more
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
3.4
General Principles - Separation of powers.
4.5.2.2
Institutions - Legislative bodies - Powers - Powers of enquiry.
4.7.16.2
Institutions - Judicial bodies - Liability - Liability of judges.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
Parliamentary, inquiry / Accountability, judges / Judicial impartiality, constitutional principle / Judicial independence / Separation of powers.
SLO-2022-3-005 a) Slovenia / b) Constitutional Court / c) / d) 16.09.2021 / e) U-I-45/16, Up-321/18, Up-1140/18, Up-1244/18 / f) /
Article 39 of the Constitution protects access to information held by a public entity that originates from its work area, that is readily available at the moment when the request is lodged, and that, by its nature or substance, is such that it can affect the effective exercise of the right to freedom of expression. Limitations of access to public information are admissible only if the attainment... Read more
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
1.5.5.2
Constitutional Justice - Decisions - Individual opinions of members - Dissenting opinions.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Schools, ranking / Education, school, choice / Education, primary, examination / Education, secondary, final examination / Right to education.
SLO-2022-3-006 a) Slovenia / b) Constitutional Court / c) / d) 18.11.2021 / e) U-I-16/21, U-I-27/21 / f) /
An employment contract cannot be terminated at the initiative of an employer without valid reasons for such termination connected to the employee�s capacity or conduct or to the operational requirements of the employer that justify such termination.
The termination of an employment contract at the initiative of the employer for a business reason related to the fact that the employee meets the... Read more
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Principle of equality / Discrimination, age / Employment, contract, termination, retirement / Reason, statement / Reason, justified / Pension, old age.
SLO-2022-3-007 a) Slovenia / b) Constitutional Court / c) / d) 21.01.2022 / e) Up-14/21 / f) /
At the constitutional level, the general freedom of action entails the requirement that the court deciding in a dispute arising from a consumer contract adopts a position regarding the relative importance of the positive and the negative aspects of contractual freedom in the light of the circumstances of the case. This requirement is particularly accentuated in the context of legal relationships... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
3.5
General Principles - Social State.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Consumer credit agreement / Consumer credit, foreign currency / Consumer credit, information, duty to provide / Consumer credit, unfair term / Loan, foreign currency / Loan, information, duty to provide / Loan, unfair term.
SLO-2022-3-008 a) Slovenia / b) Constitutional Court / c) / d) 10.03.2022 / e) Ps-1/22 / f) /
The activities of political parties are necessarily connected to the exercise of the principle of popular sovereignty and the freedom of expression. Political parties must be ensured freedom during their establishment, with regard to their programmes, in their activities, and in their influence on the formation of the political will of the people. The prohibition of their activities can thus only... Read more
1.3.4.7.1
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Banning of political parties.
3.3.1
General Principles - Democracy - Representative democracy.
4.5.10.4
Institutions - Legislative bodies - Political parties - Prohibition.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Political party, ban / Political party, freedom of association / Political pluralism, principle / Human dignity / Association, freedom / Assembly, freedom / Expression, freedom.
RSA-2022-3-009 a) South Africa / b) Constitutional Court / c) / d) 20.09.2022 / e) CCT 385/21 / f) AmaBhungane Centre for Investigative Journalism NPC v. President of the Republic of South Africa /
The law requires that donations for internal political party elections be disclosed in order to promote transparency and guard against corruption.
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
4.5.10
Institutions - Legislative bodies - Political parties.
4.9.8.1
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
Transparency, principle / Electoral process, transparency / Election, party, equal opportunity / Conflict of interest / Unconstitutional law, temporary correction.
RSA-2022-3-010 a) South Africa / b) Constitutional Court / c) / d) 21.09.2022 / e) CCT 320/21 / f) Blind SA v. Minister of Trade, Industry and Competition and Others /
Legislation that protects the rights of copyright owners must take account of the differential impacts of such protection upon different classes of persons.
Where those with print and visual disabilities suffer great and particular hardship by reason of the requirement of authorisation, whereby persons with disabilities must secure authorisation from the owners of copyright in literary works.... Read more
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.2.2.10
Fundamental Rights - Equality - Criteria of distinction - Language.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
5.4.12
Fundamental Rights - Economic, social and cultural rights - Right to intellectual property.
5.4.20
Fundamental Rights - Economic, social and cultural rights - Right to culture.
Culture, right / Disability, persons rights / Education, Equal opportunity / Equality, rights, protection / Expression, freedom / Human dignity.
RSA-2022-3-011 a) South Africa / b) Constitutional Court / c) / d) 29.09.2022 / e) CCT 210/21 / f) Centre for Child Law v. Director for Public Prosecutions, Johannesburg and Others /
National legislation that criminalised the use and/or possession of cannabis by a child was declared constitutionally invalid. Criminalisation leads to exacerbated harm and risk to children, which offends the best interests of the child principle and children�s right to dignity. The use and/or possession of cannabis by a child should instead be addressed through social systems that provide... Read more
2.1.1.4.15
Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
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.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Cannabis, decriminalisation / Children, best interests / Detention, alternatives / Detention, children.
RSA-2022-3-012 a) South Africa / b) Constitutional Court / c) / d) 14.11.2022 / e) CCT 66/21 / f) Mineral Sands Resources Propriety Limited and Another v. Christine Reddell and Others /
There are different categories of abuse of process: gross abuse of the procedure employed by a litigant; frivolous and vexatious litigation; cases which involve criminal proceedings, public and private; and "abusive litigation" such as a Strategic Litigation Against Public Participation (hereinafter, "SLAPP") suit. The common law doctrine of abuse of process currently provides for a SLAPP suit... Read more
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.22
Fundamental Rights - Civil and political rights - Freedom of the written press.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
Abuse of process, Strategic Litigation Against Public Participation (SLAPP) suit, abusive litigation / SLAPP / Abuse of process, ulterior motive, merits / Defamation, reputation / Activism, campaign / Litigation, procedure, correctness.
SWE-2022-3-004 a) Sweden / b) Supreme Administrative Court / c) / d) 07.12.2022 / e) 7208-21, 656-22 / f) /
The Government�s decision regarding an exemption from the requirement of an environmental assessment and to give a company a temporary limestone quarrying permit is not in violation of any legal rule.
1.3.5.3
Constitutional Justice - Jurisdiction - The subject of review - Constitution.
3.13
General Principles - Legality.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Judicial review, environment, permit / Environment, government decision, judicial review.
SWE-2022-3-005 a) Sweden / b) Supreme Administrative Court / c) / d) 08.12.2022 / e) 4120-21 / f) /
A decision to ban the wearing of hijabs in schools and pre-schools constitutes an infringement of the right to freedom of speech.
3.13
General Principles - Legality.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Freedom of speech / Freedom of religion / Religion, clothing, restriction / Schools, wearing a headscarf.
SUI-2022-3-006 a) Switzerland / b) Federal Court / c) Second Chamber of Public Law / d) 23.12.2021 / e) 2C_1079/2019 / f) A. B. v. Grand Council of the Republic and Canton of Geneva /
Article 8 ECHR; Articles 10.2, 13.2, 16, 22 and 36 of the Federal Constitution; Articles 197.1, 32.1 of the Federal Constitution, Article 6.2 ECHR, Articles 10.2.a and 14.2 of the International Covenant on Civil and Political Rights of 16 December 1996 (hereinafter, "UN Covenant II"), Articles 10.1 and 234 of the Swiss Code of Criminal Procedure (hereinafter, "CCP"); execution of pre-trial... Read more
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Public service / Conviction, religious, equality / Equality, prohibition of discrimination / Freedom of religion / Freedom, restriction / Religion, religious activity, freedom / Religion, event, authorisation / Religion, faith, public practice, interference / Religion, State, neutrality / Religion, separation of church and State / Religion, dress, restrictions.
SUI-2022-3-007 a) Switzerland / b) Federal Court / c) Court of Criminal Law / d) 28.03.2022 / e) 6B_894/2021 / f) A. v. Public Prosecutor's Office of the Republic and Canton of Geneva and B /
Article 426 of the Swiss Civil Code (hereinafter, "CC"); Article 5.1.e ECHR; disciplinary action against a doctor for issuing an unjustified order to hospitalise a patient to receive treatment or care (hereinafter, "PAFA").
In medicine, the right to self-determination, which is linked to the right to personal freedom enshrined in Article 10 of the Federal Constitution, takes the form of the... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.13
General Principles - Legality.
3.14
General Principles -
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
Interpretation, compatibility with the European Convention on Human Rights / Sexual offence / Coercion / Rape / Victim, consent / Principle, legality, criminal law.
UKR-2022-3-007 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 12.10.2022 / e) 7-r (II)/2022 / f) Compliance of the provisions of Article 2 of the Law on Measures for Legislative Support of Pension System Reform dated 8 July 2011 no. 3668-VI with the Constitution (the case on social guarantees for defenders of Ukraine) /
Questions had arisen over certain provisions of the legislation governing the reform of the pension system, the effect of which was extended to the legislation on pension provision for persons discharged from military service. These provisions failed to provide high-level social guarantees arising from the special legal status of citizens of Ukraine serving in the Armed Forces of Ukraine and... Read more
4.11.1
Institutions - Armed forces, police forces and secret services - Armed forces.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Protection, social, military personnel.
UKR-2022-3-008 a) Ukraine / b) Constitutional Court / c) First Senate / d) 12.10.2022 / e) 8-r (I)/2022 / f) Compliance of a separate provision of Article 204-3.1.2 of the Code on Administrative Offences with the Constitution /
Measures introduced with a view to control the movement of goods to or from the area of an anti-terrorist operation, involving the mandatory confiscation of such goods, were at variance with the principle of the individualisation of legal liability, disproportionate and unconstitutional. The legal provision concerned would lose its effect six months after delivery of the Constitutional Court�s... Read more
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Confiscation, goods, mandatory / Liability, administrative, sanction.
UKR-2022-3-009 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 16.11.2022 / e) 9-r (II)/2022 / f) Compliance of a separate provision of Article 37 of the Law on State Registration of Property Rights to Immovable Property and Encumbrances with the Constitution /
Problems had arisen over the application of the legislation, as amended, on the state registration of property rights to immovable property, particularly the cancellation of the decision of the state registrar. As these provisions pave the way to interference with property rights, they must conform to the Constitution and laws, have a legitimate aim and be proportionate. They did not meet these... Read more
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Rights, registration, state, cancellation.
UKR-2022-3-010 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 23.12.2022 / e) 3-r/2022 / f) Compliance of Section XI.2.1 Final and Transitional Provisions of the Law on Public Service dated 10 December 2015 no. 889�VII? with the Constitution (guarantees of social protection of public servants) /
Questions had arisen over provisions of the law regulating the pension provision of public servants; these provisions had rendered it impossible to recalculate the amounts of pensions accrued under them. This represented a legislative omission and was at variance with the Constitution.
3.9
General Principles - Rule of law.
5.3.26
Fundamental Rights - Civil and political rights - National service.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Pension provision, employees, state.
UKR-2022-3-011 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 27.12.2022 / e) 4-r/2022 / f) Conformity of the Law on Amending Article 12 of the Law on Freedom of Conscience and Religious Organisations regarding the statutory name of religious organisations (associations) that are part of the structure (affiliate with) a religious organisation (association), the governing centre (administration) of which is located outside Ukraine in a state that is recognised by law as having implemented military aggression against Ukraine and/or temporarily occupied part of the territory of Ukraine" (case regarding the full statutory name of religious organisations) /
Restrictions have been imposed by legislative provisions on the statutory names of religious associations forming part of religious administrative centres located outside Ukraine, in a state legally recognised to have implemented military aggression against Ukraine. Such restrictions impinge on the external aspect, but not the inner core, of freedom of conscience and thought, and the freedom of... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
3.12
General Principles - Clarity and precision of legal provisions.
3.17
General Principles - Weighing of interests.
4.18
Institutions - State of emergency and emergency powers.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Organisation, religious, statutory name / Organisation, religious, activity, registration and record, requirements.
GBR-2022-3-003 a) United Kingdom / b) Supreme Court / c) / d) 27.04.2022 / e) / f) R (on the application of Coughlan) v. Minister for the Cabinet Office /
Pilot schemes which introduced voter identification requirements at local elections were schemes about "how voting at the elections is to take place" as per Section 10.2.a of the Representation of the People Act 2000. Accordingly, the orders introducing the pilot schemes had not been made ultra vires.
1.3.5.15
Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
4.9.9.4
Institutions - Elections and instruments of direct democracy - Voting procedures - Identity checks on voters.
5.3.41.3
Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting.
Election, local / Voting / Vote, procedure, protocol / Ultra vires.
GBR-2022-3-004 a) United Kingdom / b) Supreme Court / c) / d) 15.06.2022 / e) / f) In the matter H-W (Children) and In the Matter of H-W (Children) (no. 2) /
A judge had erred in making orders which approved a plan to remove three siblings from parental care and place them in separate, long-term, foster care. The law required the judge to take a critical side-by-side analysis of the available options or the evaluative, holistic assessment. The judge had not done this. Accordingly, in the absence of this analysis, the appellate court could not... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
3.16
General Principles - Proportionality.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Family / Sexual abuse of minors / Child, taking into care.
GBR-2022-3-005 a) United Kingdom / b) Supreme Court / c) / d) 06.07.2022 / e) / f) Basfar v. Wong /
A diplomat in the UK did not have diplomatic immunity in relation to proceedings brought against him by a worker who alleged that the diplomat had trafficked her and forced her to work in conditions which amounted to modern slavery. On the assumption that the allegations were true, the diplomat�s treatment of the worker constituted a commercial activity exercised outside his official functions... Read more
1.3.5.15
Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.10
Sources - Categories - Written rules - International instruments - Vienna Convention on the Law of Treaties of 1969.
2.1.1.4.19
Sources - Categories - Written rules - International instruments - International conventions regulating diplomatic and consular relations.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
4.9.9.4
Institutions - Elections and instruments of direct democracy - Voting procedures - Identity checks on voters.
5.3.5.2
Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour.
Immunity, diplomatic / Employment / Forced labour / Modern slavery.
GBR-2022-3-006 a) United Kingdom / b) Supreme Court / c) / d) 23.11.2022 / e) / f) REFERENCE by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 /
A proposed Bill, which made provision for a referendum on the question, "Should Scotland be an independent country?", was outside the legislative competence of the Scottish Parliament. This was because the Bill related to matters which have been reserved to the Parliament of the United Kingdom under the Scotland Act 1998. The Supreme Court had jurisdiction to determine this issue even though the... Read more
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
2.1.1.1.2
Sources - Categories - Written rules - National rules - Quasi-constitutional enactments.
2.1.1.4.1
Sources - Categories - Written rules - International instruments - United Nations Charter of 1945.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.3
Sources - Categories - Case-law - Foreign case-law.
3.1
General Principles - Sovereignty.
3.6.2
General Principles - Structure of the State - Regional State.
4.5.2.3
Institutions - Legislative bodies - Powers - Delegation to another legislative body.
4.5.6.1
Institutions - Legislative bodies - Law-making procedure - Right to initiate legislation.
5.5.4
Fundamental Rights - Collective rights - Right to self-determination.
Law-making, constitutional rules / Devolution / Independence / Referendum, legislative / Competence, legislative.
GBR-2022-3-007 a) United Kingdom / b) Supreme Court / c) / d) 07.12.2022 / e) / f) Reference by the Attorney General for Northern Ireland - Abortion Services (Safe Access Zones) (Northern Ireland) Bill /
Clause 5.2.a of the Abortion (Safe Access Zones) (Northern Ireland) Bill was compatible with the rights of those who seek to express their opposition to the provision of abortion treatment services in Northern Ireland under Articles 9, 10 and 11 of the European Convention on Human Rights. Therefore, the Bill was not outside the legislative competence of the Northern Ireland Assembly.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.12
Sources - Categories - Written rules - International instruments - Convention on the Elimination of all Forms of Discrimination against Women of 1979.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
3.16
General Principles - Proportionality.
3.19
General Principles - Margin of appreciation.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Abortion, clinic, blocking of access / Abortion, anti-abortion, campaigner, rights / Freedom of speech / Freedom of conscience / Freedom of assembly / Competence, legislative.
| 1.1.1.1.4 | Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Rule issued by the executive. | BRA-2022-3-007 | |
| 1.1.2.4 | Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members. | MEX-2022-3-009 | |
| 1.1.4.2 | Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies. | ARM-2022-3-001, MEX-2022-3-008 | |
| 1.2.1.4 | Constitutional Justice - Types of claim - Claim by a public body - Organs of federated or regional authorities. | ARG-2022-3-003 | |
| 1.2.4 | Constitutional Justice - Types of claim - Initiation ex officio by the body of constitutional jurisdiction. | MEX-2022-3-013 | |
| 1.3.2.1 | Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review. | GBR-2022-3-006, LIE-2022-3-003 | |
| 1.3.2.2 | Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review. | SUI-2022-3-006 | |
| 1.3.3 | Constitutional Justice - Jurisdiction - Advisory powers. | CRC-2022-3-001 | |
| 1.3.4.1 | Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms. | GER-2022-3-026 | |
| 1.3.4.5 | Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes. | MEX-2022-3-013 | |
| 1.3.4.7.1 | Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Banning of political parties. | SLO-2022-3-008 | |
| 1.3.4.7.2 | Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights. | POR-2022-3-012 | |
| 1.3.4.12 | Constitutional Justice - Jurisdiction - Types of litigation - Conflict of laws. | ARG-2022-3-003 | |
| 1.3.4.14 | Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states. | GER-2022-3-027 | |
| 1.3.5.1 | Constitutional Justice - Jurisdiction - The subject of review - International treaties. | IRL-2022-3-004 | |
| 1.3.5.2 | Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law. | GER-2022-3-027 | |
| 1.3.5.3 | Constitutional Justice - Jurisdiction - The subject of review - Constitution. | SWE-2022-3-004 | |
| 1.3.5.5 | Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law. | IRL-2022-3-004, SUI-2022-3-006 | |
| 1.3.5.9 | Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules. | ARM-2022-3-001, CRC-2022-3-001 | |
| 1.3.5.12 | Constitutional Justice - Jurisdiction - The subject of review - Court decisions. | ARG-2022-3-003 | |
| 1.3.5.15 | Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation. | GBR-2022-3-003, GBR-2022-3-005 | |
| 1.4.9.1 | Constitutional Justice - Procedure - Parties - Locus standi. | GER-2022-3-026 | |
| 1.4.14.1 | Constitutional Justice - Procedure - Costs - Waiver of court fees. | KGZ-2022-3-001 | |
| 1.4.14.3 | Constitutional Justice - Procedure - Costs - Party costs. | CRO-2022-3-011, KGZ-2022-3-001 | |
| 1.5.4.3 | Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality. | IRL-2022-3-004, RSA-2022-3-009, SLO-2022-3-004, SLO-2022-3-005 | |
| 1.5.4.4 | Constitutional Justice - Decisions - Types - Annulment. | MEX-2022-3-013 | |
| 1.5.4.7 | Constitutional Justice - Decisions - Types - Interim measures. | MEX-2022-3-010, MEX-2022-3-012 | |
| 1.5.5.2 | Constitutional Justice - Decisions - Individual opinions of members - Dissenting opinions. | SLO-2022-3-005 | |
| 2.1.1 | Sources - Categories - Written rules. | ARM-2022-3-001 | |
| 2.1.1.1.1 | Sources - Categories - Written rules - National rules - Constitution. | ARG-2022-3-003 | |
| 2.1.1.1.2 | Sources - Categories - Written rules - National rules - Quasi-constitutional enactments. | GBR-2022-3-006 | |
| 2.1.1.3 | Sources - Categories - Written rules - Law of the European Union/EU Law. | CRO-2022-3-010, ECJ-2022-3-017, SLO-2022-3-007 | |
| 2.1.1.4.1 | Sources - Categories - Written rules - International instruments - United Nations Charter of 1945. | GBR-2022-3-006 | |
| 2.1.1.4.4 | Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. | AUT-2022-3-004, ECH-2022-3-010, ECH-2022-3-011, ECH-2022-3-012, ECH-2022-3-013, ECH-2022-3-014, ECH-2022-3-015, ECH-2022-3-016, GBR-2022-3-004, GBR-2022-3-005, GBR-2022-3-007, GER-2022-3-026, SUI-2022-3-007 | |
| 2.1.1.4.10 | Sources - Categories - Written rules - International instruments - Vienna Convention on the Law of Treaties of 1969. | ECH-2022-3-013, GBR-2022-3-005 | |
| 2.1.1.4.11 | Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969. | CRC-2022-3-002 | |
| 2.1.1.4.12 | Sources - Categories - Written rules - International instruments - Convention on the Elimination of all Forms of Discrimination against Women of 1979. | GBR-2022-3-007 | |
| 2.1.1.4.15 | Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989. | BIH-2022-3-005, CRC-2022-3-001, RSA-2022-3-011 | |
| 2.1.1.4.18 | Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000. | ECJ-2022-3-017, GER-2022-3-026 | |
| 2.1.1.4.19 | Sources - Categories - Written rules - International instruments - International conventions regulating diplomatic and consular relations. | GBR-2022-3-005 | |
| 2.1.3.1 | Sources - Categories - Case-law - Domestic case-law. | GBR-2022-3-003, GBR-2022-3-004, GBR-2022-3-005, GBR-2022-3-006, GBR-2022-3-007 | |
| 2.1.3.2.1 | Sources - Categories - Case-law - International case-law - European Court of Human Rights. | GBR-2022-3-004, GBR-2022-3-005 | |
| 2.1.3.2.2 | Sources - Categories - Case-law - International case-law - Court of Justice of the European Union. | SLO-2022-3-007 | |
| 2.1.3.3 | Sources - Categories - Case-law - Foreign case-law. | GBR-2022-3-006 | |
| 2.2.1.1 | Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions. | IRL-2022-3-004 | |
| 2.2.1.2 | Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts. | CRC-2022-3-001 | |
| 2.3.1 | Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion. | MEX-2022-3-013 | |
| 2.3.10 | Sources - Techniques of review - Contextual interpretation. | MEX-2022-3-013 | |
| 2.3.11 | Sources - Techniques of review - Pro homine/most favourable interpretation to the individual. | CRC-2022-3-001 | |
| 3.1 | General Principles - Sovereignty. | GBR-2022-3-006, GER-2022-3-022, IRL-2022-3-004 | |
| 3.3.1 | General Principles - Democracy - Representative democracy. | GER-2022-3-022, GER-2022-3-025, GER-2022-3-027, MEX-2022-3-013, SLO-2022-3-008 | |
| 3.4 | General Principles - Separation of powers. | BRA-2022-3-007, CRO-2022-3-008, GER-2022-3-020, GER-2022-3-025, POR-2022-3-012, SLO-2022-3-004 | |
| 3.5 | General Principles - Social State. | GER-2022-3-023, SLO-2022-3-007 | |
| 3.6.2 | General Principles - Structure of the State - Regional State. | GBR-2022-3-006 | |
| 3.7 | General Principles - Relations between the State and bodies of a religious or ideological nature. | SUI-2022-3-006, UKR-2022-3-011 | |
| 3.9 | General Principles - Rule of law. | ARM-2022-3-001, MDA-2022-3-012, MKD-2022-3-003, UKR-2022-3-010 | |
| 3.10 | General Principles - Certainty of the law. | AZE-2022-3-005, MDA-2022-3-011, MDA-2022-3-013, HUN-2022-3-011, HUN-2022-3-012, HUN-2022-3-013 | |
| 3.12 | General Principles - Clarity and precision of legal provisions. | EST-2022-3-001, GER-2022-3-019, MDA-2022-3-011, POR-2022-3-014, UKR-2022-3-011 | |
| 3.13 | General Principles - Legality. | EST-2022-3-001, POR-2022-3-015, SUI-2022-3-007, SWE-2022-3-004, SWE-2022-3-005 | |
| 3.14 | General Principles - Nullum crimen, nulla poena sine lege. | ITA-2022-3-010, SUI-2022-3-007 | |
| 3.16 | General Principles - Proportionality. | CAN-2022-3-005, CRO-2022-3-010, ECH-2022-3-012, ECJ-2022-3-020, GBR-2022-3-004, GBR-2022-3-007, GER-2022-3-021, ITA-2022-3-008, ITA-2022-3-009, ITA-2022-3-010, LUX-2022-3-001, SRB-2022-3-003, SUI-2022-3-006 | |
| 3.17 | General Principles - Weighing of interests. | BEL-2022-3-006, CRO-2022-3-010, ECJ-2022-3-020, FRA-2022-3-011, GER-2022-3-021, LUX-2022-3-001, SUI-2022-3-006, UKR-2022-3-011 | |
| 3.18 | General Principles - General interest. | CRO-2022-3-010 | |
| 3.19 | General Principles - Margin of appreciation. | AUT-2022-3-004, GBR-2022-3-007, GER-2022-3-027 | |
| 3.20 | General Principles - Reasonableness. | ARG-2022-3-003, BEL-2022-3-005, BRA-2022-3-009, ITA-2022-3-008, ITA-2022-3-009, ITA-2022-3-010 | |
| 3.21 | General Principles - Equality. | CRO-2022-3-010, ITA-2022-3-008, ITA-2022-3-010 | |
| 3.22 | General Principles - Prohibition of arbitrariness. | ARG-2022-3-003, CRC-2022-3-002 | |
| 3.25 | General Principles - Market economy. | CRO-2022-3-010 | |
| 3.26 | General Principles - Fundamental principles of the Internal Market. | GER-2022-3-022 | |
| 4.5.2 | Institutions - Legislative bodies - Powers. | ARM-2022-3-001, LTU-2022-3-003 | |
| 4.5.2.1 | Institutions - Legislative bodies - Powers - Competences with respect to international agreements. | GBR-2022-3-007, GER-2022-3-027 | |
| 4.5.2.2 | Institutions - Legislative bodies - Powers - Powers of enquiry. | SLO-2022-3-004 | |
| 4.5.2.3 | Institutions - Legislative bodies - Powers - Delegation to another legislative body. | GBR-2022-3-006 | |
| 4.5.6.1 | Institutions - Legislative bodies - Law-making procedure - Right to initiate legislation. | GBR-2022-3-006 | |
| 4.5.6.4 | Institutions - Legislative bodies - Law-making procedure - Right of amendment. | ARM-2022-3-001 | |
| 4.5.7 | Institutions - Legislative bodies - Relations with the executive bodies. | GER-2022-3-025 | |
| 4.5.7.1 | Institutions - Legislative bodies - Relations with the executive bodies - Questions to the government. | GER-2022-3-020 | |
| 4.5.7.3 | Institutions - Legislative bodies - Relations with the executive bodies - Motion of censure. | FRA-2022-3-017 | |
| 4.5.10 | Institutions - Legislative bodies - Political parties. | RSA-2022-3-009 | |
| 4.5.10.4 | Institutions - Legislative bodies - Political parties - Prohibition. | SLO-2022-3-008 | |
| 4.6.2 | Institutions - Executive bodies - Powers. | ARG-2022-3-003, GER-2022-3-025 | |
| 4.6.3.2 | Institutions - Executive bodies - Application of laws - Delegated rule-making powers. | EST-2022-3-001, GBR-2022-3-003, GBR-2022-3-005 | |
| 4.6.10.2 | Institutions - Executive bodies - Liability - Political responsibility. | BRA-2022-3-010 | |
| 4.7.4.1.2 | Institutions - Judicial bodies - Organisation - Members - Appointment. | CRO-2022-3-009 | |
| 4.7.4.1.5 | Institutions - Judicial bodies - Organisation - Members - End of office. | MDA-2022-3-012 | |
| 4.7.4.1.6 | Institutions - Judicial bodies - Organisation - Members - Status. | KGZ-2022-3-003, MDA-2022-3-015 | |
| 4.7.4.1.6.1 | Institutions - Judicial bodies - Organisation - Members - Status - Incompatibilities. | MDA-2022-3-012 | |
| 4.7.4.1.6.2 | Institutions - Judicial bodies - Organisation - Members - Status - Discipline. | KGZ-2022-3-003, MDA-2022-3-012 | |
| 4.7.4.2 | Institutions - Judicial bodies - Organisation - Officers of the court. | MDA-2022-3-011 | |
| 4.7.4.3 | Institutions - Judicial bodies - Organisation - Prosecutors / State counsel. | HUN-2022-3-012 | |
| 4.7.4.3.2 | Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Appointment. | CRO-2022-3-007 | |
| 4.7.4.6 | Institutions - Judicial bodies - Organisation - Budget. | MDA-2022-3-015 | |
| 4.7.5 | Institutions - Judicial bodies - Supreme Judicial Council or equivalent body. | MDA-2022-3-012, MDA-2022-3-015 | |
| 4.7.16.2 | Institutions - Judicial bodies - Liability - Liability of judges. | KGZ-2022-3-003, SLO-2022-3-004 | |
| 4.8.1 | Institutions - Federalism, regionalism and local self-government - Federal entities. | ARG-2022-3-003 | |
| 4.8.3 | Institutions - Federalism, regionalism and local self-government - Municipalities. | SWE-2022-3-005 | |
| 4.8.7.1 | Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Finance. | CRO-2022-3-010 | |
| 4.9.2.1 | Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Admissibility. | FRA-2022-3-012 | |
| 4.9.5 | Institutions - Elections and instruments of direct democracy - Eligibility. | GBR-2022-3-003, GBR-2022-3-005, LTU-2022-3-001, MEX-2022-3-013 | |
| 4.9.8 | Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material. | LTU-2022-3-001 | |
| 4.9.8.1 | Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing. | MEX-2022-3-013, RSA-2022-3-009 | |
| 4.9.9.4 | Institutions - Elections and instruments of direct democracy - Voting procedures - Identity checks on voters. | GBR-2022-3-003, GBR-2022-3-005 | |
| 4.9.11.2 | Institutions - Elections and instruments of direct democracy - Determination of votes - Electoral reports. | MEX-2022-3-013 | |
| 4.9.13 | Institutions - Elections and instruments of direct democracy - Judicial control. | MEX-2022-3-013 | |
| 4.10 | Institutions - Public finances. | FRA-2022-3-017 | |
| 4.10.2 | Institutions - Public finances - Budget. | GER-2022-3-022, GER-2022-3-027 | |
| 4.10.8 | Institutions - Public finances - Public assets. | HUN-2022-3-012 | |
| 4.11.1 | Institutions - Armed forces, police forces and secret services - Armed forces. | UKR-2022-3-007 | |
| 4.11.3 | Institutions - Armed forces, police forces and secret services - Secret services. | LTU-2022-3-003 | |
| 4.12.3 | Institutions - Ombudsman - Powers. | LTU-2022-3-003 | |
| 4.15 | Institutions - Exercise of public functions by private bodies. | HUN-2022-3-012 | |
| 4.16.1 | Institutions - International relations - Transfer of powers to international institutions. | GER-2022-3-026 | |
| 4.17 | Institutions - European Union. | GER-2022-3-025 | |
| 4.17.1.6 | Institutions - European Union - Institutional structure - European Central Bank. | GER-2022-3-022 | |
| 4.17.2 | Institutions - European Union - Distribution of powers between the EU and member states. | GER-2022-3-022 | |
| 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. | GER-2022-3-027 | |
| 4.18 | Institutions - State of emergency and emergency powers. | POR-2022-3-012, UKR-2022-3-011 | |
| 5.1 | Fundamental Rights - General questions. | ECJ-2022-3-020 | |
| 5.1.1.1.1 | Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad. | ECH-2022-3-013, ECJ-2022-3-021 | |
| 5.1.1.3 | Fundamental Rights - General questions - Entitlement to rights - Foreigners. | ARG-2022-3-003, ECJ-2022-3-016, ECJ-2022-3-019, GER-2022-3-026 | |
| 5.1.1.3.1 | Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status. | ECH-2022-3-010, ECJ-2022-3-017 | |
| 5.1.1.4.1 | Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors. | ECH-2022-3-014 | |
| 5.1.1.4.2 | Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated. | MKD-2022-3-003 | |
| 5.1.3 | Fundamental Rights - General questions - Positive obligation of the state. | BRA-2022-3-006, BRA-2022-3-008, BRA-2022-3-009, GER-2022-3-023 | |
| 5.1.4 | Fundamental Rights - General questions - Limits and restrictions. | ECJ-2022-3-021, GER-2022-3-019, SUI-2022-3-006 | |
| 5.1.4.2 | Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation. | BRA-2022-3-007, LUX-2022-3-001 | |
| 5.1.5 | Fundamental Rights - General questions - Emergency situations. | BRA-2022-3-006, UKR-2022-3-011 | |
| 5.2 | Fundamental Rights - Equality. | BEL-2022-3-005, ITA-2022-3-009, ITA-2022-3-010 | |
| 5.2.1.1 | Fundamental Rights - Equality - Scope of application - Public burdens. | KGZ-2022-3-001 | |
| 5.2.1.2 | Fundamental Rights - Equality - Scope of application - Employment. | CRO-2022-3-007 | |
| 5.2.1.3 | Fundamental Rights - Equality - Scope of application - Social security. | MKD-2022-3-003 | |
| 5.2.1.4 | Fundamental Rights - Equality - Scope of application - Elections. | MEX-2022-3-013 | |
| 5.2.2 | Fundamental Rights - Equality - Criteria of distinction. | ITA-2022-3-008 | |
| 5.2.2.1 | Fundamental Rights - Equality - Criteria of distinction - Gender. | AZE-2022-3-006, MEX-2022-3-009, MEX-2022-3-011 | |
| 5.2.2.2 | Fundamental Rights - Equality - Criteria of distinction - Race. | CAN-2022-3-006 | |
| 5.2.2.3 | Fundamental Rights - Equality - Criteria of distinction - Ethnic origin. | KGZ-2022-3-002 | |
| 5.2.2.6 | Fundamental Rights - Equality - Criteria of distinction - Religion. | SUI-2022-3-006 | |
| 5.2.2.7 | Fundamental Rights - Equality - Criteria of distinction - Age. | MKD-2022-3-003, RSA-2022-3-011, SLO-2022-3-006 | |
| 5.2.2.8 | Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability. | MEX-2022-3-007, RSA-2022-3-010 | |
| 5.2.2.10 | Fundamental Rights - Equality - Criteria of distinction - Language. | RSA-2022-3-010 | |
| 5.2.2.11 | Fundamental Rights - Equality - Criteria of distinction - Sexual orientation. | ECH-2022-3-016 | |
| 5.3.1 | Fundamental Rights - Civil and political rights - Right to dignity. | BRA-2022-3-009, ECH-2022-3-010, ECJ-2022-3-019, EST-2022-3-001, FRA-2022-3-014, FRA-2022-3-017, GER-2022-3-023, GER-2022-3-024, RSA-2022-3-010, RSA-2022-3-011, SLO-2022-3-008 | |
| 5.3.2 | Fundamental Rights - Civil and political rights - Right to life. | AZE-2022-3-005, BEL-2022-3-005, ECH-2022-3-010, FRA-2022-3-014 | |
| 5.3.3 | Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. | ECH-2022-3-010, ECH-2022-3-014, POR-2022-3-015 | |
| 5.3.4 | Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. | EST-2022-3-001 | |
| 5.3.5 | Fundamental Rights - Civil and political rights - Individual liberty. | FRA-2022-3-014 | |
| 5.3.5.1 | Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. | CAN-2022-3-005, CAN-2022-3-006, ECH-2022-3-011, POR-2022-3-012, RSA-2022-3-011 | |
| 5.3.5.1.2 | Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures. | ECJ-2022-3-017 | |
| 5.3.5.1.3 | Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial. | ECH-2022-3-011 | |
| 5.3.5.2 | Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour. | GBR-2022-3-005 | |
| 5.3.6 | Fundamental Rights - Civil and political rights - Freedom of movement. | ECJ-2022-3-021 | |
| 5.3.9 | Fundamental Rights - Civil and political rights - Right of residence. | ARG-2022-3-003, BRA-2022-3-009, ECJ-2022-3-016, ECJ-2022-3-019 | |
| 5.3.11 | Fundamental Rights - Civil and political rights - Right of asylum. | ECH-2022-3-014, ECJ-2022-3-017 | |
| 5.3.12 | Fundamental Rights - Civil and political rights - Security of the person. | BRA-2022-3-007 | |
| 5.3.13 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. | ECH-2022-3-010, ECH-2022-3-015, ITA-2022-3-009, KGZ-2022-3-004, UKR-2022-3-008 | |
| 5.3.13.1.2 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings. | ECJ-2022-3-018, KGZ-2022-3-001, MDA-2022-3-014 | |
| 5.3.13.1.3 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. | FRA-2022-3-013, ITA-2022-3-009, KGZ-2022-3-004, MDA-2022-3-013, HUN-2022-3-012 | |
| 5.3.13.1.4 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings. | ITA-2022-3-009 | |
| 5.3.13.2 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. | ECH-2022-3-014, FRA-2022-3-013 | |
| 5.3.13.3 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. | AUT-2022-3-004, ECJ-2022-3-021, GER-2022-3-026, KGZ-2022-3-001, MDA-2022-3-011, MDA-2022-3-014, POR-2022-3-014 | |
| 5.3.13.6 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing. | POR-2022-3-013 | |
| 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. | FRA-2022-3-013 | |
| 5.3.13.8 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file. | POR-2022-3-013 | |
| 5.3.13.13 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. | CRO-2022-3-008, KGZ-2022-3-004 | |
| 5.3.13.14 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence. | GER-2022-3-026, KGZ-2022-3-003, SLO-2022-3-004 | |
| 5.3.13.15 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality. | CRO-2022-3-009, KGZ-2022-3-003 | |
| 5.3.13.17 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence. | CRO-2022-3-011, FRA-2022-3-013, HUN-2022-3-011 | |
| 5.3.13.18 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. | BIH-2022-3-005, CRO-2022-3-009, CRO-2022-3-011, SLO-2022-3-007 | |
| 5.3.13.21 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Languages. | FRA-2022-3-013 | |
| 5.3.13.22 | Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. | KGZ-2022-3-004 | |
| 5.3.14 | Fundamental Rights - Civil and political rights - Ne bis in idem. | ECJ-2022-3-016, ITA-2022-3-009, MDA-2022-3-013 | |
| 5.3.15 | Fundamental Rights - Civil and political rights - Rights of victims of crime. | SUI-2022-3-007 | |
| 5.3.18 | Fundamental Rights - Civil and political rights - Freedom of conscience. | FRA-2022-3-014, GBR-2022-3-007 | |
| 5.3.19 | Fundamental Rights - Civil and political rights - Freedom of opinion. | RSA-2022-3-012, SLO-2022-3-008 | |
| 5.3.20 | Fundamental Rights - Civil and political rights - Freedom of worship. | SUI-2022-3-006, SWE-2022-3-005 | |
| 5.3.21 | Fundamental Rights - Civil and political rights - Freedom of expression. | BIH-2022-3-006, CRC-2022-3-002, FRA-2022-3-011, FRA-2022-3-013, GBR-2022-3-007, GER-2022-3-024, RSA-2022-3-010, RSA-2022-3-012, SRB-2022-3-003, SWE-2022-3-005 | |
| 5.3.22 | Fundamental Rights - Civil and political rights - Freedom of the written press. | CRC-2022-3-002, RSA-2022-3-012 | |
| 5.3.24 | Fundamental Rights - Civil and political rights - Right to information. | MEX-2022-3-007, RSA-2022-3-009, RSA-2022-3-010 | |
| 5.3.26 | Fundamental Rights - Civil and political rights - National service. | UKR-2022-3-010 | |
| 5.3.27 | Fundamental Rights - Civil and political rights - Freedom of association. | GBR-2022-3-007, SLO-2022-3-008 | |
| 5.3.28 | Fundamental Rights - Civil and political rights - Freedom of assembly. | SLO-2022-3-008, UKR-2022-3-011 | |
| 5.3.29.1 | Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity. | CRC-2022-3-001, LIE-2022-3-003, RSA-2022-3-012 | |
| 5.3.31 | Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation. | GER-2022-3-024, RSA-2022-3-012 | |
| 5.3.32 | Fundamental Rights - Civil and political rights - Right to private life. | CAN-2022-3-005, ECH-2022-3-015, ECJ-2022-3-020, FRA-2022-3-013, GBR-2022-3-007, ITA-2022-3-008, LUX-2022-3-001, SLO-2022-3-007 | |
| 5.3.32.1 | Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. | ECH-2022-3-016, ECJ-2022-3-020, GER-2022-3-019, KGZ-2022-3-002 | |
| 5.3.33 | Fundamental Rights - Civil and political rights - Right to family life. | ARG-2022-3-003, BRA-2022-3-009, ECJ-2022-3-018, ITA-2022-3-008 | |
| 5.3.33.1 | Fundamental Rights - Civil and political rights - Right to family life - Descent. | CRC-2022-3-001 | |
| 5.3.36.3 | Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications. | FRA-2022-3-013 | |
| 5.3.38 | Fundamental Rights - Civil and political rights - Non-retrospective effect of law. | HUN-2022-3-011 | |
| 5.3.39 | Fundamental Rights - Civil and political rights - Right to property. | UKR-2022-3-009, HUN-2022-3-013 | |
| 5.3.39.3 | Fundamental Rights - Civil and political rights - Right to property - Other limitations. | BEL-2022-3-006, BRA-2022-3-009, ECH-2022-3-012, UKR-2022-3-008 | |
| 5.3.41 | Fundamental Rights - Civil and political rights - Electoral rights. | MEX-2022-3-013 | |
| 5.3.41.1 | Fundamental Rights - Civil and political rights - Electoral rights - Right to vote. | GER-2022-3-027, LTU-2022-3-001, RSA-2022-3-009 | |
| 5.3.41.2 | Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election. | LTU-2022-3-001 | |
| 5.3.41.3 | Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting. | GBR-2022-3-003 | |
| 5.3.44 | Fundamental Rights - Civil and political rights - Rights of the child. | CRC-2022-3-001, GBR-2022-3-004, ITA-2022-3-008, RSA-2022-3-011 | |
| 5.4.2 | Fundamental Rights - Economic, social and cultural rights - Right to education. | BRA-2022-3-008, RSA-2022-3-010, SLO-2022-3-005 | |
| 5.4.3 | Fundamental Rights - Economic, social and cultural rights - Right to work. | ARG-2022-3-003, CRO-2022-3-007, CRO-2022-3-009, FRA-2022-3-015, GER-2022-3-021, ITA-2022-3-010, LTU-2022-3-002 | |
| 5.4.4 | Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. | GER-2022-3-021 | |
| 5.4.6 | Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. | CRO-2022-3-010, FRA-2022-3-011 | |
| 5.4.7 | Fundamental Rights - Economic, social and cultural rights - Consumer protection. | FRA-2022-3-011 | |
| 5.4.11 | Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions. | FRA-2022-3-015 | |
| 5.4.12 | Fundamental Rights - Economic, social and cultural rights - Right to intellectual property. | RSA-2022-3-010 | |
| 5.4.13 | Fundamental Rights - Economic, social and cultural rights - Right to housing. | BRA-2022-3-009 | |
| 5.4.14 | Fundamental Rights - Economic, social and cultural rights - Right to social security. | AZE-2022-3-006, FRA-2022-3-016, MKD-2022-3-003, UKR-2022-3-010 | |
| 5.4.15 | Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits. | FRA-2022-3-015 | |
| 5.4.16 | Fundamental Rights - Economic, social and cultural rights - Right to a pension. | SLO-2022-3-006, UKR-2022-3-007 | |
| 5.4.17 | Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions. | LTU-2022-3-002 | |
| 5.4.19 | Fundamental Rights - Economic, social and cultural rights - Right to health. | BEL-2022-3-006, ECJ-2022-3-019, EST-2022-3-001, FRA-2022-3-014, GBR-2022-3-007, LTU-2022-3-002, LUX-2022-3-001 | |
| 5.4.20 | Fundamental Rights - Economic, social and cultural rights - Right to culture. | RSA-2022-3-010 | |
| 5.4.21 | Fundamental Rights - Economic, social and cultural rights - Scientific freedom. | HUN-2022-3-013 | |
| 5.5.1 | Fundamental Rights - Collective rights - Right to the environment. | BEL-2022-3-006, BRA-2022-3-010, ECH-2022-3-012, SWE-2022-3-004 | |
| 5.5.4 | Fundamental Rights - Collective rights - Right to self-determination. | GBR-2022-3-006 |
| Abortion, anti-abortion, campaigner, rights | GBR-2022-3-007 |
| Abortion, clinic, blocking of access | GBR-2022-3-007 |
| Abuse of power | ECH-2022-3-011 |
| Abuse of process, Strategic Litigation Against Public Participation (SLAPP) suit, abusive litigation | RSA-2022-3-012 |
| Abuse of process, ulterior motive, merits | RSA-2022-3-012 |
| Academy, property | HUN-2022-3-013 |
| Access to court, condition | MDA-2022-3-014 |
| Accountability, judges | SLO-2022-3-004 |
| Activism, campaign | RSA-2022-3-012 |
| Administrative detention | ECJ-2022-3-017 |
| Administrative sanctions | ITA-2022-3-009 |
| Amendments | ARM-2022-3-001 |
| Animal, welfare | GER-2022-3-021 |
| Appeal, deadline, regulation | POR-2022-3-014 |
| Appeal, requirement, formal | MDA-2022-3-014 |
| Arbitrariness | ARG-2022-3-003 |
| Arbitrariness, prohibition | ECH-2022-3-013 |
| Assembly, freedom | SLO-2022-3-008 |
| Assets, declaration, failure, consequences, dismissal | MDA-2022-3-012 |
| Assets, declaration, judge, control | MDA-2022-3-012 |
| Association, freedom | SLO-2022-3-008 |
| Asylum seeker protection international | ECJ-2022-3-017 |
| Asylum, seeker, social benefits, amount | GER-2022-3-023 |
| Benefits, calculation | GER-2022-3-023 |
| Best interests of the child | BIH-2022-3-005 |
| Blood transfusion, refusal | ECH-2022-3-016 |
| Blood, donation, exclusion, homosexuality | ECH-2022-3-016 |
| Budget, right to decide | GER-2022-3-022 |
| Burden of proof | ECJ-2022-3-020 |
| Burden of proof, changes, ongoing proceedings | HUN-2022-3-011 |
| Bureaucratic intransigence | LTU-2022-3-003 |
| Candidate, criminal offence | LTU-2022-3-001 |
| Cannabis, decriminalisation | RSA-2022-3-011 |
| Capital markets, borrowing | GER-2022-3-027 |
| Censorship, prohibition | CRC-2022-3-002 |
| Charter of Fundamental Rights of the European Union | ECJ-2022-3-016, ECJ-2022-3-021, ECJ-2022-3-019, ECJ-2022-3-017 |
| Child support, amount | BIH-2022-3-005 |
| Child, best interests | BIH-2022-3-005 |
| Child, taking into care | GBR-2022-3-004 |
| Children | ITA-2022-3-008 |
| Children, best interests | RSA-2022-3-011 |
| Citizen of a third state | ECJ-2022-3-016 |
| Coercion | SUI-2022-3-007 |
| Committee of Ministers, decision, binding force | ECH-2022-3-011 |
| Companion animals, maltreatment, legal protection | POR-2022-3-015 |
| Company, windfall profit, additional levy | FRA-2022-3-012 |
| Compensation, claim | GER-2022-3-024 |
| Competence, legislative | GBR-2022-3-007, GBR-2022-3-006 |
| Competition, distortion | CRO-2022-3-010 |
| Competition, market, European Union model | CRO-2022-3-010 |
| Complaint, constitutional, admissibility | CRO-2022-3-008 |
| Complaint, constitutional, legal costs | CRO-2022-3-011 |
| Conditions | LIE-2022-3-003 |
| Confidential information, protection | GER-2022-3-025 |
| Confiscation, goods, mandatory | UKR-2022-3-008 |
| Conflict of interest | RSA-2022-3-009 |
| Conflict of interest, judge | MDA-2022-3-012 |
| Conflict of interest, lack of impartiality, sanction | MEX-2022-3-008 |
| Constitution | ARM-2022-3-001 |
| Constitution, identity | GER-2022-3-022 |
| Constitution, identity, review | GER-2022-3-027 |
| Constitutional Court | CRO-2022-3-011 |
| Constitutional Court proceedings, length | CRO-2022-3-008 |
| Constitutional Justice, types of claim, parliamentary group | GER-2022-3-025 |
| Consumer credit agreement | SLO-2022-3-007 |
| Consumer credit, foreign currency | SLO-2022-3-007 |
| Consumer credit, information, duty to provide | SLO-2022-3-007 |
| Consumer credit, unfair term | SLO-2022-3-007 |
| Control, communicable disease | LTU-2022-3-002 |
| Conviction, religious, equality | SUI-2022-3-006 |
| Court, criticism, insult | SRB-2022-3-003 |
| Court, wrongful criticism, protection | SRB-2022-3-003 |
| COVID-19, epidemic, pandemic | BRA-2022-3-009 |
| COVID-19, pandemic | POR-2022-3-014, POR-2022-3-012, EST-2022-3-001, LUX-2022-3-001, GER-2022-3-027, LTU-2022-3-002 |
| COVID-19, pandemic, legislative response | EST-2022-3-001 |
| COVID-19, pandemic, state, finance | BRA-2022-3-006 |
| COVID-19, regulations, scope, limits | BRA-2022-3-009, EST-2022-3-001 |
| COVID-19, special legal order | BRA-2022-3-006 |
| COVID-19, special legal order, government powers | EST-2022-3-001 |
| COVID-19, vaccination, infectious disease, obligation, policy | EST-2022-3-001 |
| COVID-19, vaccine pass, places, access | EST-2022-3-001 |
| Criminal charges | ITA-2022-3-009 |
| Criminal proceedings, measures | BIH-2022-3-006 |
| Criminal prosecution, monopoly principle | HUN-2022-3-012 |
| Cultural identity | KGZ-2022-3-002 |
| Culture, right | RSA-2022-3-010 |
| Custodial sentence | ECJ-2022-3-021 |
| Damage, compensation, scope | BRA-2022-3-006 |
| Damage, compensation, State, conditions | BRA-2022-3-006 |
| Data collection, secret | GER-2022-3-019 |
| Data protection, unnecessary personal data, information concerning health | ECH-2022-3-016 |
| Data, personal, mandatory publication | ECJ-2022-3-020 |
| Data, personal, natural person | ECJ-2022-3-020 |
| Data, personal, treatment | GER-2022-3-019 |
| Data, use, purpose limitation, principle | GER-2022-3-019 |
| Debt, public | GER-2022-3-027 |
| Deceased, personality, protection | GER-2022-3-024 |
| Deceased, reputation, respect, right | GER-2022-3-024 |
| Decision making, executive, core sphere | GER-2022-3-020 |
| Defamation, internet | ECJ-2022-3-020 |
| Defamation, memory of deceased | GER-2022-3-024 |
| Defamation, reputation | RSA-2022-3-012 |
| Defence policy | GER-2022-3-025 |
| Degrading, treatment, severity, minimum | ECH-2022-3-010 |
| Delay, undue | KGZ-2022-3-004 |
| Democracy, core, right, individual | GER-2022-3-027 |
| Detention pending expulsion | ECJ-2022-3-017 |
| Detention, alternatives | RSA-2022-3-011 |
| Detention, as a preventive measure | KGZ-2022-3-004 |
| Detention, children | RSA-2022-3-011 |
| Detention, duration, prolongation | KGZ-2022-3-004 |
| Devolution | GBR-2022-3-006 |
| Dignified minimum existence, fundamental right to guarantee | GER-2022-3-023 |
| Disability, benefit | MKD-2022-3-003 |
| Disability, persons rights | RSA-2022-3-010 |
| Disabled person, social assistance, entitlement | MKD-2022-3-003 |
| Disciplinary commission | KGZ-2022-3-003 |
| Disciplinary liability | KGZ-2022-3-003 |
| Discrimination | ECH-2022-3-012 |
| Discrimination, age | SLO-2022-3-006, MKD-2022-3-003 |
| Disease, infectious | ECH-2022-3-016 |
| Dismissal, unlawful, compensation | ITA-2022-3-010 |
| Disregard of the records of the case | ARG-2022-3-003 |
| Divorce established by the civil registrar of a Member State, automatic recognition | ECJ-2022-3-018 |
| Divorce, applicable law | ECJ-2022-3-018 |
| Double jeopardy, administrative, nature of the offence | ITA-2022-3-009 |
| Double jeopardy, rule against | ECJ-2022-3-016 |
| Drug, prescription | GER-2022-3-021 |
| Dublin Regulation | ECJ-2022-3-017 |
| Economic policy | GER-2022-3-022 |
| Education, access, basic education | BRA-2022-3-008 |
| Education, Equal opportunity | RSA-2022-3-010 |
| Education, pre-school | BRA-2022-3-008 |
| Education, primary, examination | SLO-2022-3-005 |
| Education, school, choice | SLO-2022-3-005 |
| Education, secondary, final examination | SLO-2022-3-005 |
| Education, state, duty | BRA-2022-3-008 |
| Effective control | ECH-2022-3-013 |
| Effective remedy | ECH-2022-3-014 |
| Election, annulment, evidence, standard, campaign | MEX-2022-3-013 |
| Election, European Parliament | LTU-2022-3-001 |
| Election, local | GBR-2022-3-003 |
| Election, municipal councils | LTU-2022-3-001 |
| Election, national parliament | LTU-2022-3-001 |
| Election, party, equal opportunity | RSA-2022-3-009 |
| Electoral body, composition, parity | MEX-2022-3-009 |
| Electoral process, transparency | RSA-2022-3-009 |
| Employment | GBR-2022-3-005 |
| Employment, contract, termination, retirement | SLO-2022-3-006 |
| Energy, source, regulation | BEL-2022-3-006 |
| Environment, conservation | BRA-2022-3-010 |
| Environment, government decision, judicial review | SWE-2022-3-004 |
| Environment, protection, Amazon Fund | BRA-2022-3-010 |
| Equality | KGZ-2022-3-004 |
| Equality and non-discrimination | KGZ-2022-3-001, KGZ-2022-3-002 |
| Equality, prohibition of discrimination | SUI-2022-3-006 |
| Equality, rights, protection | RSA-2022-3-010 |
| Ethnicity | KGZ-2022-3-002 |
| European Convention of Human Rights, Protocol 16 ECHR, opinion, advisory, scope | ECH-2022-3-012 |
| European Convention on Extradition | ECJ-2022-3-021 |
| European Convention on Human Rights, applicability | ECH-2022-3-013 |
| European Court of Human Rights, judgement, execution | ECH-2022-3-011 |
| European Patent Office, immunity from jurisdiction | GER-2022-3-026 |
| European Union act, ultra vires, review | GER-2022-3-027 |
| European Union, borrowing | GER-2022-3-027 |
| European Union, budget | GER-2022-3-027 |
| European Union, Council, decision, ratification, Member States | GER-2022-3-027 |
| European Union, Member States, finances | GER-2022-3-027 |
| European Union, negotiations, member state, representative | GER-2022-3-025 |
| European Union, own resources | GER-2022-3-027 |
| Eurosystem | GER-2022-3-022 |
| Euthanasia, medical practitioner, offence | BEL-2022-3-005 |
| Evidence, assessment in appeal proceedings | CRO-2022-3-011 |
| Evidence, evaluation | CRO-2022-3-011 |
| Execution of judgment | ECH-2022-3-011 |
| Expert medical opinion requested by a court | CRO-2022-3-011 |
| Expression, freedom | SLO-2022-3-008, RSA-2022-3-010 |
| Expulsion or return | ECH-2022-3-013 |
| Expulsion, foreigner | ARG-2022-3-003 |
| Expulsion, postponement, conditions | ECJ-2022-3-019 |
| Extradition, foreigner, procedure, human rights | ECJ-2022-3-016 |
| Extradition, national, possibility | ECJ-2022-3-021 |
| Extradition, third state, request | ECJ-2022-3-016 |
| Extradition, treaty | ECJ-2022-3-016 |
| Extradition, Union citizen | ECJ-2022-3-021 |
| Extradition, Union citizen, defence | ECJ-2022-3-021 |
| Extrajudicial divorce, recognition | ECJ-2022-3-018 |
| Extraordinary appeal | ARG-2022-3-003 |
| Extraterritorial jurisdiction | ECH-2022-3-013 |
| Fair trial, appeal, right | GER-2022-3-026 |
| Family | GBR-2022-3-004 |
| Family reunification | ARG-2022-3-003 |
| Federal rules | ARG-2022-3-003 |
| Finances, law, adoption, procedure | FRA-2022-3-017 |
| Firearm, fitness to possess | BRA-2022-3-007 |
| Firearm, permit | BRA-2022-3-007 |
| Firearm, right to keep and bear | BRA-2022-3-007 |
| Firearm, use, conditions | BRA-2022-3-007 |
| Forced labour | GBR-2022-3-005 |
| Formalism, excessive | MDA-2022-3-014 |
| Free movement of persons | ECJ-2022-3-021 |
| Freedom of assembly | GBR-2022-3-007 |
| Freedom of conscience | GBR-2022-3-007 |
| Freedom of expression, restriction, indirect forms or methods | CRC-2022-3-002 |
| Freedom of expression, scope | SRB-2022-3-003 |
| Freedom of religion | SUI-2022-3-006, SWE-2022-3-005 |
| Freedom of speech | SWE-2022-3-005, GBR-2022-3-007 |
| Freedom, restriction | SUI-2022-3-006 |
| Fundamental right, nature | LUX-2022-3-001 |
| German Bundestag, rights | GER-2022-3-022 |
| Government, executive decision-making, autonomous | GER-2022-3-025 |
| Government, power, abuse | CRC-2022-3-002 |
| Greenhouse gas | BEL-2022-3-006 |
| Health, protection, effective | ECJ-2022-3-019 |
| Health, risk | ECJ-2022-3-019 |
| Heating, installation, oil-fired boiler | BEL-2022-3-006 |
| Housing, eviction, arbitrariness, protection | BRA-2022-3-009 |
| Human dignity | RSA-2022-3-010, SLO-2022-3-008 |
| Human dignity, reputation | GER-2022-3-024 |
| Human dignity, violation, monetary compensation | GER-2022-3-024 |
| ID card | KGZ-2022-3-002 |
| Immigrant, illegal | ECH-2022-3-010 |
| Immigration | ARG-2022-3-003 |
| Immigration, procedure | ECH-2022-3-010 |
| Immunity, diplomatic | GBR-2022-3-005 |
| Impairment, visual, protection, inclusion, diversity, easy-read format | MEX-2022-3-007 |
| Independence | GBR-2022-3-006 |
| Independence, judiciary | KGZ-2022-3-003 |
| Indigenous offender, conditional sentence | CAN-2022-3-006 |
| Information, access, limits | GER-2022-3-020 |
| Information, candidate | LTU-2022-3-001 |
| Information, confidential, access | GER-2022-3-020 |
| Initiative, local, admissibility | LIE-2022-3-003 |
| Insolvency | KGZ-2022-3-001 |
| Insolvency, liquidator, administrator, court, access | MDA-2022-3-011 |
| Insurance, health, compensation, limitation | FRA-2022-3-016 |
| Intelligence Ombudspersons | LTU-2022-3-003 |
| Interference in the administration of justice | KGZ-2022-3-003 |
| International agreement, constitutionality | IRL-2022-3-004 |
| International law, domestic law, relationship | IRL-2022-3-004 |
| International organisation, immunity from jurisdiction | AUT-2022-3-004 |
| International organisation, staff, protection of fundamental rights | AUT-2022-3-004 |
| Interpretation, compatibility with the European Convention on Human Rights | SUI-2022-3-007 |
| Investigation, criminal, effectiveness | ECH-2022-3-010 |
| Investigation, inadequate | ECH-2022-3-015 |
| Investigation, secrecy | POR-2022-3-013 |
| Investigations, criminal, breach of confidentiality of sources | FRA-2022-3-013 |
| Joint initiative referendum | FRA-2022-3-012 |
| Journalist, source, confidentiality | FRA-2022-3-013 |
| Judge, acceptable criticism, limit | SRB-2022-3-003 |
| Judge, appointment, ranking difference | CRO-2022-3-009 |
| Judge, electoral, local | MEX-2022-3-008 |
| Judge, remuneration, adequate | MDA-2022-3-015 |
| Judge, salary, judicial independence | MDA-2022-3-015 |
| Judicial authority, ex officio control of the legality of the detention of a third-country national | ECJ-2022-3-017 |
| Judicial function, responsible performance | KGZ-2022-3-003 |
| Judicial impartiality, constitutional principle | SLO-2022-3-004 |
| Judicial independence | SLO-2022-3-004, GER-2022-3-026 |
| Judicial protection, access, remedies | MEX-2022-3-007 |
| Judicial review, elections, campaign finance, free and fair elections | MEX-2022-3-013 |
| Judicial review, environment, permit | SWE-2022-3-004 |
| Jurisdiction, territorial, effective control | ECH-2022-3-013 |
| Labour, presumption of resignation, abandonment of post | FRA-2022-3-015 |
| Law, finance, sincerity | FRA-2022-3-017 |
| Law-making, constitutional rules | GBR-2022-3-006 |
| Lawyer, freedom of expression | SRB-2022-3-003 |
| Legal costs, reimbursement, refusal | CRO-2022-3-011 |
| Legislative process | GER-2022-3-021 |
| Legislator, intent, determination | GER-2022-3-021 |
| Legitimate aim, law | GER-2022-3-021 |
| Liability, administrative, sanction | UKR-2022-3-008 |
| Life, effective investigation | ECH-2022-3-010 |
| Life, end, advance directives | FRA-2022-3-014 |
| Litigation, procedure, correctness | RSA-2022-3-012 |
| Loan, foreign currency | SLO-2022-3-007 |
| Loan, information, duty to provide | SLO-2022-3-007 |
| Loan, unfair term | SLO-2022-3-007 |
| lotteries, revenues, earmarking | FRA-2022-3-017 |
| Mandatory confinement | POR-2022-3-012 |
| Margin of appreciation | BEL-2022-3-006 |
| Margin of appreciation, medical practitioner | FRA-2022-3-014 |
| Media, access, restriction | BIH-2022-3-006 |
| Medical treatment, discontinuation | ECJ-2022-3-019 |
| Member of parliament, remote voting, right | CRC-2022-3-001 |
| Member State, final conviction | ECJ-2022-3-016 |
| Military operation, defence, international | GER-2022-3-025 |
| Minor child, international protection, application, rejection | ECH-2022-3-014 |
| Minor, foreign, unaccompanied, degrading treatment | ECH-2022-3-014 |
| Modern slavery | GBR-2022-3-005 |
| Monetary policy | GER-2022-3-022 |
| National Assembly, vote of confidence, government | FRA-2022-3-017 |
| National suffering from a serious illness | ECJ-2022-3-019 |
| Ne bis in idem, interstate application | ECJ-2022-3-016 |
| Non-discrimination principle | ECJ-2022-3-021 |
| Notion of "divorce decision" | ECJ-2022-3-018 |
| Official, high, recusal, judge, dismissal | MDA-2022-3-012 |
| Online interface, delisting | FRA-2022-3-011 |
| Organisation, religious, activity, registration and record, requirements | UKR-2022-3-011 |
| Organisation, religious, statutory name | UKR-2022-3-011 |
| Organstreit (dispute between constitutional organs) | GER-2022-3-025 |
| Pandemic, COVID-19, social and economic effects, recovery | GER-2022-3-027 |
| Parliament, controlling function | GER-2022-3-020 |
| Parliament, enquiry, guarantee | GER-2022-3-020 |
| Parliament, government, relation, European integration | GER-2022-3-025 |
| Parliament, information rights | GER-2022-3-025 |
| Parliament, member, supervision of government authorities | GER-2022-3-020 |
| Parliament, powers, budgetary | GER-2022-3-027 |
| Parliament, powers, European integration | GER-2022-3-025 |
| Parliament, responsibility, European integration | GER-2022-3-025 |
| Parliament, right to be informed | GER-2022-3-020 |
| Parliamentary Ombudspersons | LTU-2022-3-003 |
| Parliamentary, inquiry | SLO-2022-3-004 |
| Patent, dispute | GER-2022-3-026 |
| Payment | KGZ-2022-3-001 |
| Pension provision, employees, state | UKR-2022-3-010 |
| Pension, old age | SLO-2022-3-006 |
| Personal data protection | ECJ-2022-3-020 |
| Personal data, collection | GER-2022-3-019 |
| Personal data, controller | ECJ-2022-3-020 |
| Personal data, protection | GER-2022-3-019 |
| Personality right, public figure | GER-2022-3-024 |
| Physical and psychological integrity, right, minor, protection, general interest, pressing reason | ECH-2022-3-014 |
| Physical and psychological integrity, right, vulnerable person, protection | ECH-2022-3-015 |
| Police, criminal authority, judicial supervision | GER-2022-3-019 |
| Police, measure | GER-2022-3-019 |
| Police, surveillance, limits | GER-2022-3-019 |
| Political party, ban | SLO-2022-3-008 |
| Political party, freedom of association | SLO-2022-3-008 |
| Political pluralism, principle | SLO-2022-3-008 |
| Pollution | BEL-2022-3-006 |
| Precautionary measures, adoption | MEX-2022-3-010 |
| Preliminary review | ARM-2022-3-001 |
| Principle of equality | SLO-2022-3-006 |
| Principle, legality, criminal law | SUI-2022-3-007 |
| Privacy, infringement | LUX-2022-3-001 |
| Privacy, invasion, proportionality | GER-2022-3-019 |
| Private life, consequence, serious | ECJ-2022-3-019 |
| Private life, database | ECH-2022-3-016 |
| Private life, interference, proportionality | ECH-2022-3-016 |
| Private life, protection | ECJ-2022-3-020 |
| Private life, right | ECH-2022-3-014 |
| Privileges and immunities | AUT-2022-3-004 |
| Proceedings, costs, reimbursement, conditions | CRO-2022-3-011 |
| Property right, limitation | ECH-2022-3-012 |
| Property, agricultural, consolidation | ECH-2022-3-012 |
| Property, collective, exploitation | ECH-2022-3-012 |
| Property, control and use | ECH-2022-3-012 |
| Property, deprivation, time period | BRA-2022-3-009 |
| Property, illegally occupied, eviction | BRA-2022-3-009 |
| Proportionality, horizontal, definition | ECH-2022-3-012 |
| Prosecution, third parties, right | HUN-2022-3-012 |
| Protection, social, military personnel | UKR-2022-3-007 |
| Public finances, liabilities, risk assessment | GER-2022-3-027 |
| Public health, protection | LUX-2022-3-001 |
| Public Road land, right of use, compensation, equal | CRO-2022-3-010 |
| Public road land, right of use, compensation, exemption, criterion | CRO-2022-3-010 |
| Public safety, firearm | BRA-2022-3-007 |
| Public service | SUI-2022-3-006 |
| Punitive sanctions | ITA-2022-3-009 |
| Quarantine | LTU-2022-3-002 |
| Rape | SUI-2022-3-007 |
| Ratification Act, constitutionality, amendment | IRL-2022-3-004 |
| Reason, justified | SLO-2022-3-006 |
| Reason, statement | SLO-2022-3-006 |
| Recovery instrument | GER-2022-3-027 |
| Referendum, legislative | GBR-2022-3-006 |
| Referendum, local | LIE-2022-3-003 |
| Refugee | ECH-2022-3-010 |
| Refugee status | ECJ-2022-3-019 |
| Registry, sex offender | CAN-2022-3-005 |
| Relationship, legitimising, between the European Stability Mechanism and parliament | GER-2022-3-022 |
| Religion, clothing, restriction | SWE-2022-3-005 |
| Religion, dress, restrictions | SUI-2022-3-006 |
| Religion, event, authorisation | SUI-2022-3-006 |
| Religion, faith, public practice, interference | SUI-2022-3-006 |
| Religion, religious activity, freedom | SUI-2022-3-006 |
| Religion, separation of church and State | SUI-2022-3-006 |
| Religion, State, neutrality | SUI-2022-3-006 |
| Reopening, criminal, proceedings, reassessment, final decision | MDA-2022-3-013 |
| Repatriation, request, refusal | ECH-2022-3-013 |
| Repossession, property, suspension, resumption | BRA-2022-3-009 |
| Residence permit | ECJ-2022-3-019 |
| Residence, choice, free | ECJ-2022-3-021 |
| Responsibility, budgetary, German Bundestag | GER-2022-3-022 |
| Right and freedom, legal limitation, obligation | LUX-2022-3-001 |
| Right to education | SLO-2022-3-005 |
| Right to extradition, conditions | ECJ-2022-3-021 |
| Right to informational self-determination | GER-2022-3-019 |
| Right to liberty, minimum impairment | KGZ-2022-3-004 |
| Right to life, investigation, effective | ECH-2022-3-010 |
| Right to life, substantive aspect, procedural aspect | ECH-2022-3-010 |
| Right to vote, self-determination, democratic | GER-2022-3-027 |
| Rights, registration, state, cancellation | UKR-2022-3-009 |
| Rules of procedure | ARM-2022-3-001 |
| Schengen, Convention | ECJ-2022-3-016 |
| Schools, ranking | SLO-2022-3-005 |
| Schools, wearing a headscarf | SWE-2022-3-005 |
| Search engine, de-referencing | ECJ-2022-3-020 |
| Search, body, conditions | ECH-2022-3-010 |
| Secret, information, disclosure | GER-2022-3-020 |
| Security, public, danger | GER-2022-3-019 |
| Sentence served in this Member State | ECJ-2022-3-016 |
| Sentence, conditional, unavailability | CAN-2022-3-006 |
| Separation of powers | SLO-2022-3-004 |
| Sex offender, mandatory registration | CAN-2022-3-005 |
| Sexual abuse of minors | GBR-2022-3-004 |
| Sexual harassment, work | ECH-2022-3-015 |
| Sexual offence | SUI-2022-3-007 |
| SLAPP | RSA-2022-3-012 |
| Social assistance, single fathers | AZE-2022-3-006 |
| Social protection | MKD-2022-3-003 |
| Sovereign power, limitation | IRL-2022-3-004 |
| State aid | CRO-2022-3-010 |
| State Attorney, deputy, appointment, criteria | CRO-2022-3-007 |
| State Attorney�s Council, autonomy, restrictions | CRO-2022-3-007 |
| State fee | KGZ-2022-3-001 |
| State Judicial Council, appointment of judges, decision, review | CRO-2022-3-009 |
| State Judicial Council, appointment of judges, process, length, COVID 19 pandemic | CRO-2022-3-009 |
| State Judicial Council, decision-making autonomy, restrictions | CRO-2022-3-009 |
| State Judicial Council, member, recusal | CRO-2022-3-009 |
| State-level emergency | LTU-2022-3-002 |
| Statute of limitations, period, uncertainty | MDA-2022-3-013 |
| Stereotypes, discrimination, equality | MEX-2022-3-011 |
| Subsidiary protection | ECJ-2022-3-019 |
| Suicide, attempted suicide, incitement | AZE-2022-3-005 |
| Superior interest of the child, principle | CRC-2022-3-001 |
| Supranational organisation, act, protection of individual | GER-2022-3-026 |
| Surname, paternal, disparity of treatment | ITA-2022-3-008 |
| Surveillance, secret, measure | GER-2022-3-019 |
| Suspect | BIH-2022-3-006 |
| Teleconsultation, sick leave, compensation | FRA-2022-3-016 |
| Third State, extradition request | ECJ-2022-3-021 |
| Third-country national | ECJ-2022-3-017 |
| Third-country nationals, illegal stay, return | ECJ-2022-3-019 |
| Trade agreement, international, constitutionality, assessment | IRL-2022-3-004 |
| Transparency, principle | RSA-2022-3-009 |
| Treatment unavailable in the country of origin | ECJ-2022-3-019 |
| Treaty of Lisbon | ECJ-2022-3-021 |
| Ultra vires | GBR-2022-3-003 |
| Unconstitutional law, temporary correction | RSA-2022-3-009 |
| Under-funding | GER-2022-3-023 |
| Victim, consent | SUI-2022-3-007 |
| Violence, gender, political | MEX-2022-3-011, MEX-2022-3-012 |
| Violence, gender, transsexual, political | MEX-2022-3-010 |
| Vote, procedure, protocol | GBR-2022-3-003 |
| Voting | GBR-2022-3-003 |
| Vulnerable persons, protection | ECH-2022-3-010 |
| Worker deprived of employment, compensation | FRA-2022-3-015 |