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e-Bulletin on Constitutional Case-Law
2021/3
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. Gerwien
Legal Officer, Division on Constitutional Justice
European Commission for Democracy through Law (“Venice Commission”)
June 2022
ARG-2021-3-003 a) Argentina / b) Supreme Court / c) / d) 21.10.2021 / e) / f) B., C. B. and another v. IOSPER and others s/ acción de amparo /
The extraordinary appeal is admissible since what is under consideration is the interpretation of federal rules such as those that protect the right of persons with disabilities to enjoy the highest possible health care (Article 75.22 of the Constitution) and considering the fact that the decision of the superior court is contrary to the appellants’ claims, which are grounded on these rules.
The... Read more
2.1.1.1
Sources - Categories - Written rules - National rules.
3.12
General Principles - Clarity and precision of legal provisions.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Amparo action / Extraordinary appeal / Disabled person / Health care, providers / Cannabis plant, derivatives / United Nations Convention on the Rights of Persons with Disabilities.
AUT-2021-3-002 a) Austria / b) Constitutional Court / c) / d) 06.12.2021 / e) G 247/2021 / f) /
According to § 191.2 of the Civil Code, a child may, in general, only be adopted by two persons married to each other. In the light of Article 8 ECHR taken in conjunction with Article 14 ECHR, as well as the principle of equality, this provision must be interpreted to the effect that it does not prevent unmarried couples from adopting a child either simultaneously or successively.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.2.2.12
Fundamental Rights - Equality - Criteria of distinction - Civil status.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Unmarried couples, right to adopt / Child, adoption / Child, best interests.
AUT-2021-3-003 a) Austria / b) Constitutional Court / c) / d) 07.12.2021 / e) E 3149/2021 / f) /
The Name Change Law excludes the approval of a name change if the chosen family name is not in use for the identification of persons in Austria. However, especially for citizens with a migration background, the historical family reference is an important part of their identity. In particular, in cases where the previous name change was made under pressure from the original country of origin, it... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Name, change, foreign national / Family name, change.
BLR-2021-3-002 a) Belarus / b) Constitutional Court / c) BLR-2021-3-003 a) Belarus / b) Constitutional Court / c)
BEL-2021-3-007 a) Belgium / b) Constitutional Court / c) / d) 30.09.2021 / e) 117/2021, 118/2021 / f) / BEL-2021-3-008 a) Belgium / b) Constitutional Court / c) / d) 28.10.2021 / e) 157/2021 / f) / BEL-2021-3-009 a) Belgium / b) Constitutional Court / c) / d) 16.12.2021 / e) 183/2021 / f) /
BIH-2021-3-006 a) Bosnia and Herzegovina / b) Constitutional Court / c) Grand Chamber / d) 26.03.2021 / e) U 5/16, Second partial decision / f) / BIH-2021-3-007 a) Bosnia and Herzegovina / b) Constitutional Court / c) Grand Chamber / d) 23.09.2021 / e) U 7/21 / f) /
BRA-2021-3-020 a) Brazil / b) Supreme Court / c) Full Court / d) 08.09.2021 / e) Direct Action of Unconstitutionality 6476 (ADI 6476) / f) Applicants with disabilities have the right to reasonable adaptation in physical ability tests when applying for a civil servant job / BRA-2021-3-021 a) Brazil / b) Supreme Court / c) Full Court / d) 07.10.2021 / e) Direct Action of Unconstitutionality 5970 (ADI 5970) / f) Musical concerts in political rallies are prohibited, but artistic performances at fundraising events for electoral campaigns are permitted / BRA-2021-3-022 a) Brazil / b) Supreme Court / c) Full Court / d) 14.10.2021 / e) Direct Action of Unconstitutionality 5779 (ADI 5779) / f) The production, sale and consumption of appetite suppressants is prohibited / BRA-2021-3-023 a) Brazil / b) Supreme Court / c) Full Court / d) 28.10.2021 / e)
BUL-2021-3-001 a) Bulgaria / b) Constitutional Court / c) / d) 28.09.2021 / e) 10/21 / f) / BUL-2021-3-002 a) Bulgaria / b) Constitutional Court / c) / d) 05.10.2021 / e) 13/21 / f) /
CAN-2021-3-006 a) Canada / b) Supreme Court / c) / d) 01.10.2021 / e) 38921 / f) Toronto (City) v. Ontario (Attorney General) / CAN-2021-3-007 a) Canada / b) Supreme Court / c) / d) 29.10.2021 / e) 39041 / f) Ward v. Quebec (Commission des droits de la personne et des droits de la jeunesse) / CAN-2021-3-008 a) Canada / b) Supreme Court / c) / d) 19.11.2021 / e) 39277, 39278 / f) R. v. Albashir /
CRC-2021-3-001 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 04.10.2021 / e) 22207/2020 / f) /
ECH-2021-3-023 a) Council of Europe / b) European Court of Human Rights / c) Section V / d) 15.10.2021 / e) 41994/21 / f) Guillaume Zambrano v. France / ECH-2021-3-024 a) Council of Europe / b) European Court of Human Rights / c) Section IV / d) 26.10.2021 / e) 20962/15 / f) Kindlhofer v. Austria / ECH-2021-3-025 a) Council of Europe / b) European Court of Human Rights / c) Section I / d) 25.11.2021 / e) 77419/16 / f) Biancardi v. Italy / ECH-2021-3-026 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 07.12.2021 / e) 57467/15 / f) Savran v. Denmark [GC] / ECH-2021-3-027 a) Council of Europe / b) European Court of Human Rights / c) Section III / d) 07.12.2021 / e) 39378/15 / f) Yakut Republican Trade-Union Federation v. Russia /
CRO-2021-3-011 a) Croatia / b) Constitutional Court / c) / d) 14.10.2021 / e) U-III-4637/2017 / f) / CRO-2021-3-012 a) Croatia / b) Constitutional Court / c) / d) 26.10.2021 / e) U-III-2352/2019 / f) / CRO-2021-3-013 a) Croatia / b) Constitutional Court / c) / d) 16.11.2021 / e) U-I-2352/2014 CRO-2021-3-014 a) Croatia / b) Constitutional Court / c) / d) 16.11.2021 / e) U-III-3448/2018 / f) / CRO-2021-3-015 a) Croatia / b) Constitutional Court / c) / d) 16.11.2021 / e) U-III-3730/2019 / f) / CRO-2021-3-016 a) Croatia / b) Constitutional Court / c) / d) 21.12.2021 / e) U-III-2210/2016 / f) /
CZE-2021-3-006 a) Czech Republic / b) Constitutional Court / c) Senate / d) 18.10.2021 / e) II. ÚS 1854/20 / f) Fair remuneration in the context of the employee’s duty to be available at break times / CZE-2021-3-007 a) Czech Republic / b) Constitutional Court / c) Senate / d) 26.10.2021 / e) IV. ÚS 1804/21 / f) Conditions for rejecting an application for conditional release from imprisonment / CZE-2021-3-008 a) Czech Republic / b) Constitutional Court / c) Senate / d) 02.11.2021 / e) III. ÚS 1765/21 / f) Right to accessible social care /
EST-2021-3-004 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 20.04.2021 / e) 5-20-10 / f) Constitutional review of inability to contest premature termination of a period of visa-free stay for a foreigner / EST-2021-3-005 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 15.06.2021 / e) 5-21-3 / f) Constitutional review of restrictions on land use for the purpose of nature protection and compensation for those restrictions /
ECJ-2021-3-014 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 02.09.2021 / e) C-930/19 / f) X v. Belgium State / ECJ-2021-3-015 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 06.10.2021 / e) C-487/19 / f) W. z. (Extraordinary Control and Public Affairs Chamber of the Supreme Court - appointment) / ECJ-2021-3-016 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 09.11.2021 / e) C-91/20 / f) Federal Republic of Germany (maintaining family unity) / ECJ-2021-3-017 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 16.11.2021 / e) C-748/19 to C-754/19 / f) Prokuratura Rejonowa w Minsku Mazowieckim e.a / ECJ-2021-3-018 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 12.12.2021 / e) C-251/20 / f) Gtflix Tv / ECJ-2021-3-019 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 14.12.2021 / e) 490/20 / f) Stolichna obshtina, district "Pancharevo" / ECJ-2021-3-020 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 14.12.2021 / e) 497/20 / f) Randstad Italia /
FRA-2021-3-015 a) France / b) Constitutional Council / c) / d) 14.09.2021 / e) 2021-927 QPC / f) Human Rights League (Transmission of specific reports by prosecutors to their hierarchical authority) / FRA-2021-3-016 a) France / b) Constitutional Council / c) / d) 15.10.2021 / e) 2021-940 QPC / f) Air France (Obligation for air carriers to provide return transportation for foreign nationals refused entry to France) / FRA-2021-3-017 a) France / b) Constitutional Council / c) / d) 14.11.2021 / e) 2021-944 QPC / f) Landowners’ association (Denial to landowners’ associations of the right to withdraw their land from the territory of an approved municipal hunting association) / FRA-2021-3-018 a) France / b) Constitutional Council / c) / d) 09.11.2021 / e) 2021-828 DC / f) Law introducing various health surveillance measures / FRA-2021-3-019 a) France / b) Constitutional Council / c) / d) 19.11.2021 / e) 2021-946 QPC / f) Société Pétroles de la côte basque (share of biofuels taken into account in the diesel sector for the purpose of calculating the General Tax on Polluting Activities) / FRA-2021-3-020 a) France / b) Constitutional Council / c) / d) 24.11.2021 / e) 2021-948 QPC / f) Coyote system (Sharing of information about road checks by electronic means) / FRA-2021-3-021 a) France / b) Constitutional Council / c) / d) 03.12.2021 / e) 2021-952 QPC / f) Mr Omar Y. (Requisition of electronic data by public prosecutors as part of a preliminary investigation) / FRA-2021-3-022 a) France / b) Constitutional Council / c) / d) 17.12.2021 / e) 2021-829 DC / f) Organic law on confidence in the judiciary /
GER-2021-3-020 a) Germany / b) Federal Constitutional Court / c) First Chamber of the First Panel / d) 14.09.2021 / e) 1 BvR 1525/20 / f) Partial Withdrawal of Parental Custody (risks to the child’s welfare due to academic pressure) / GER-2021-3-021 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the Second Panel / d) 11.11.2021 / e) 2 BvR 1473/20 / f) Workload and Supervision of Judge (performance appraisal and judicial independence) / GER-2021-3-022 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 19.11.2021 / e) 1 BvR 781, 798, 805, 820, 854, 860, 889/21 / f) Federal Pandemic Emergency Brake I - Curfews and Contact Restrictions / GER-2021-3-023 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 19.11.2021 / e) 1 BvR 971/21, 1 BvR 1069/21 / f) Federal Pandemic Emergency Brake II (school closures) / GER-2021-3-024 a) Germany / b) Federal Constitutional Court / c) First Chamber of the Second Panel / d) 06.12.2021 / e) 2 BvR 2164/21 / f) COVID-19 Restrictions in Connection with the Election of the Federal Chancellor / GER-2021-3-025 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 09.12.2021 / e) 2 BvR 1985/16 / f) Involuntary Commitment to GDR Children’s Home (rehabilitation under criminal law following German reunification) / GER-2021-3-026 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 16.12.2021 / e) 1 BvR 1541/20 / f) Triage (disadvantaging on the basis of disability) /
JPN-2021-3-001 a) Japan / b) Supreme Court / c) Grand Bench / d) 18.11.2020 / e) (Gyo-Tsu) 78/2020 / f) Constitutionality of the provisions of the Public Offices Election Act specifying the appointment of seats for members of the House of Councillors to be elected from constituencies / JPN-2021-3-002 a) Japan / b) Supreme Court / c) Grand Bench / d) 25.11.2020 / e) (Gyo-Hi) 417/2018 / f) Judicial reviewability of a penalty of suspension against a city council member of an ordinary local public entity / JPN-2021-3-003 a) Japan / b) Supreme Court / c) Grand Bench / d) 24.02.2021 / e) (Gyo-Tsu) 222/2019, (Gyo-Hi) 262/2019 / f) A city mayor’s exemption on an association owning Confucius facilities in a city park from the park use fee violates the separation between religion and state / JPN-2021-3-004 a) Japan / b) Supreme Court / c) Grand Bench / d) 23.06.2021 / e) (Ku) 102/2020 / f) Constitutionality of provisions of the Civil Code and the Family Register Act regarding surnames of married couples /
KAZ-2021-3-002 a) Kazakhstan / b) Constitutional Council / c) / d) 24.11.2021 / e) 2 / f) /
KOS-2021-3-002 a) Kosovo / b) Constitutional Court / c) / d) 07.08.2021 / e) KI 01/21 / f) Ajshe Aliu– Constitutional review of the Judgment ARJ-UZVP no. 37/2020, 11.06.2020, of the Supreme Court / KOS-2021-3-003 a) Kosovo / b) Constitutional Court / c) / d) 22.12.2021 / e) KO 127/21 / f) Assembly – Constitutional review of Decision no. 08-V-029 of the Assembly, 30.06.2021, for the dismissal of five members of the Independent Oversight Board for the Civil Service /
LIE-2021-3-003 a) Liechtenstein / b) Constitutional Court / c) / d) 30.08.2021 / e) StGH 2021/042 / f) /
LTU-2021-3-006 a) Lithuania / b) Constitutional Court / c) / d) 07.09.2021 / e) KT140-N11/2021 / f) The provision of the law under which religious associations may apply for state recognition following a period of 25 years from the date of their initial registration is not in conflict with the Constitution / LTU-2021-3-007 a) Lithuania / b) Constitutional Court / c) / d) 22.12.2021 / e) KT201-A-N15/2021 / f) The provisions of the Law on State Service relating to the removal of state servants from their duties are in conflict with the Constitution /
PER-2021-3-005 a) Peru / b) Constitutional Court / c) Plenary / d) 10.09.2021 / e) 03693-2019-PA/TC / f) Maria Catalina Miranda v. Drinking Water and Sanitary Sewerage Service Company of Lima (Sedapal) and other / PER-2021-3-006 a) Peru / b) Constitutional Court / c) Plenary / d) 25.10.2021 / e) 01004-2021-PHC/TC / f) Alvaro Martin Linares Caro v. Pinel Clinic SRL and others / PER-2021-3-007 a) Peru / b) Constitutional Court / c) Plenary / d) 20.11.2021 / e) 00004-2021-PI/TC / f) The formalisation of land passenger transport in collective cars / PER-2021-3-008 a) Peru / b) Constitutional Court / c) Plenary / d) 25.11.2021 / e) 02418-2021-PA/TC / f) Case AALGOZ SJ SAC and others v. Provincial Municipality of San Martin /
POR-2021-3-012 a) Portugal / b) Constitutional Court / c) Plenary / d) 30.08.2021 / e) 687/21 / f) / POR-2021-3-013 a) Portugal / b) Constitutional Court / c) First Chamber / d) 22.09.2020 / e) 738/21 / f) / POR-2021-3-014 a) Portugal / b) Constitutional Court / c) Third Chamber / d) 10.11.2021 / e) 867/21 / f) / POR-2021-3-015 a) Portugal / b) Constitutional Court / c) First Chamber / d) 09.12.2021 / e) 921/21 / f) /
RUS-2021-3-007 a) Russia / b) Constitutional Court / c) / d) 06.10.2021 / e) 43 / f) / RUS-2021-3-008 a) Russia / b) Constitutional Court / c) / d) 11.11.2021 / e) 48 / f) / RUS-2021-3-009 a) Russie / b) Cour constitutionnelle / c) / d) 16.12.2021 / e) 53 / f) /
SRB-2021-3-003 a) Serbia / b) Constitutional Court / c) / d) 28.10.2021 / e) Už-8266/2020 / f) /
SLO-2021-3-007 a) Slovenia / b) Constitutional Court / c) / d) 08.11.2018 / e) U-I-32/15 / f) / SLO-2021-3-008 a) Slovenia / b) Constitutional Court / c) / d) 08.09.2019 / e) U-I-59/17 / f) / SLO-2021-3-009 a) Slovenia / b) Constitutional Court / c) / d) 10.12.2020 / e) U-I-474/18 / f) /
RSA-2021-3-009 a) South Africa / b) Constitutional Court / c) / d) 03.09.2021 / e) CCT 245/21 / f) Electoral Commission v. Minister of Cooperative Governance and Traditional Affairs and Others / RSA-2021-3-010 a) South Africa / b) Constitutional Court / c) / d) 22.09.2021 / e) CCT 101/2020 / f) Centre for Child Law v Director-General: Department of Home Affairs and Others / RSA-2021-3-011 a) South Africa / b) Constitutional Court / c) / d) 22.09.2021 / e) CCT 135/20 / f) Chairperson of the Council of UNISA v. AfriForum NPC / RSA-2021-3-012 a) South Africa / b) Constitutional Court / c) / d) 15.10.2021 / e) CCT 31/20 / f) Competition Commission of South Africa v Mediclinic Southern Africa (Pty) Ltd and Another /
SWE-2021-3-009 a) Sweden / b) Supreme Court / c) / d) 18.11.2021 / e) Ö 3828-20 / f) Ascom / SWE-2021-3-010 a) Sweden / b) Supreme Administrative Court / c) / d) 26.11.2021 / e) 3218-21 / f) / SWE-2021-3-011 a) Sweden / b) Supreme Administrative Court / c) / d) 13.12.2021 / e) 659-21 / f) /
SUI-2021-3-005 a) Switzerland / b) Federal Court / c) First Social Law Chamber / d) 16.07.2020 / e) 2C_1026/2019 / f) A. v. Migration Office, Canton of Zurich and Zurich Canton Safety Directorate / SUI-2021-3-006 a) Switzerland / b) Federal Court / c) Second Court of Public Law / d) 01.12.2020 / e) 1C_377/2019 / f) Société Numérique and others v. Federal Intelligence Service / SUI-2021-3-007 a) Switzerland / b) Federal Court / c) Second Public Law Chamber / d) 24.03.2021 / e) 2D_34/2020 / f) A. v. Population and Migrants Service of the Canton of Fribourg /
UKR-2021-3-007 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 16.09.2021 / e) 6-r(II) / f) Constitutionality of Articles 81.1 and 82.1 of the Criminal Code (the case regarding review of the sentence of a person sentenced to life imprisonment) /
GBR-2021-3-003 a) United Kingdom / b) Supreme Court / c) / d) 15.12.2021 / e) / f) In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (nos. 1, 2 and 3); In the matter of an application by Francis McGuigan; for Judicial Review (Northern Ireland) (nos. 1, 2 and 3); In the matter of an application by Mary McKenna for Judicial Review (Northern Ireland) (nos. 1 and 2) / GBR-2021-3-004 a) United Kingdom / b) Supreme Court / c) / d) 15.12.2021 / e) / f) R (on the application of Elan-Cane) v. Secretary of State for the Home Department /
Ed. 13.06.2022 16:46:12
The Law on Investment is supplemented by the provision providing that compensation for the value of nationalised or requisitioned property, which is an investment or arises from investments, shall be timely and full; appropriate rules and conditions of compensation are set out. The established legal regulation creates legal mechanisms, complementary to the existing ones, for ensuring the rights... Read more
3.9
General Principles - Rule of law.
3.13
General Principles - Legality.
5.3.39.1
Fundamental Rights - Civil and political rights - Right to property - Expropriation.
5.3.39.2
Fundamental Rights - Civil and political rights - Right to property - Nationalisation.
Property, guarantee / Investment, foreign / Compensation for expropriation.
Criminal liability for denying the genocide of the Belarusian people as imposed by the Law is at the discretion of the legislator which is competent to choose the criminal law sanctions that apply to the perpetrators, as well as to determine their required and adequate scope. The legal prohibition of the public denial of the genocide of the Belarusian people enhances the state’s ability to... Read more
3.9
General Principles - Rule of law.
3.13
General Principles - Legality.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.4.20
Fundamental Rights - Economic, social and cultural rights - Right to culture.
Genocide, denial, criminal liability / Liability, criminal / Legislator, discretionary power.
The general ban on non-stun slaughter restricts the freedom of religion of Jews and Muslims who only eat meat from animals killed without being pre-stunned. This restriction nevertheless both meets a pressing social need and is proportionate to the aim of promoting animal welfare.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
5.2
Fundamental Rights - Equality.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Ritual slaughter / Non-stun slaughter / Animal, welfare, protection / Freedom of religion / Church, State, separation / Equality and non-discrimination.
A provision of criminal law which, in terms of both the scope of the offence and the severity of the penalty, gives greater protection to the reputation of the King than that given to the reputation of other persons does not meet a pressing social need and is disproportionate to the aim of protecting the King’s reputation.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.2
General Principles - Republic/Monarchy.
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.
Honour and dignity, protection / Head of State, defamation / Reputation, protection, law.
A law making it an offence to put the trademark of a tobacco-based product or a similar product on posters put up inside tobacconists’ shops or newsagents’ shops that sell the aforementioned products, or on the shop fronts of these shops, is not incompatible with the right to freedom of expression under Article 10 ECHR, the right to protection of property under Article 1 Protocol 1 ECHR or... Read more
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Advertising, tobacco, ban / Public health, protection.
A provision of the Criminal Procedure Code that prescribes physical examination and medical intervention in relation to persons who are not suspected of any wrongdoing is in contravention of Article II.3.f of the Constitution and Article 8 ECHR.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.12
General Principles - Clarity and precision of legal provisions.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
Criminal proceedings, medical examination, non-suspected persons, non-accused persons.
Legislative provisions which do not prescribe certain types of compensations for judges and prosecutors, when the same compensation is provided for other budget users, is discriminatory and violates the principle of judicial independence.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
4.7.4.1
Institutions - Judicial bodies - Organisation - Members.
4.7.4.3
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
Judiciary, independence / Right, material, work- related / Working hours.
Using the same test criteria for all applicants and thus excluding the right of applicants with disabilities to reasonable adaptation in physical ability tests when applying for a civil servant job is unconstitutional.
5.2.3
Fundamental Rights - Equality - Affirmative action.
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.
Disability / Disability, employment / Disability, persons, rights / Adaptation, measures, necessity / Civil servant, recruitment / Civil service, examination, competitive / Civil service, requirement, skill, specific.
It is prohibited to carry out concerts in political rallies, either paid or not, according to Article 39.7 of Law 9504 of 1997. Artistic performances at fundraising events for electoral campaigns are not included in the prohibition to carry out concerts in political rallies.
4.9.8
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
Election campaign / Election campaign, financing / Election campaign, freedom / Election, campaign, restriction / Election, propaganda / Election, vote, influence.
The law that authorised the production, commercialisation and consumption of appetite suppressants, in contradiction with the recommendation of the Brazilian Health Regulatory Agency, affronts the right to health.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Drug, compounded, regulation / Drug, pharmaceutical / Pharmaceutical products, prohibition / Supplement, food containing certain vitamins or certain mineral, prohibition on marketing.
Racial slur is similar to the crime of racism and, therefore, there is no prescription for this criminal behaviour.
5.2.2.2
Fundamental Rights - Equality - Criteria of distinction - Race.
Race, discrimination / Racial discrimination, protection, principle / Prescriptive interpretation.
It is unacceptable for the parliament to suspend temporarily, by resolution, the powers of the president, the executive and the judiciary.
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
4.5.2
Institutions - Legislative bodies - Powers.
Suspension of powers, parliamentary resolution / Government, resigned.
A preliminary definition of the rights and freedoms which can be restricted in time of war or other extraordinary situation which lacks clarity on the nature of the threat posed to society, results in it being impossible to achieve the constitutionally admissible aim of the restriction. This makes the restriction inapplicable.
The provision of video-conference hearings without the consent of the... Read more
4.18
Institutions - State of emergency and emergency powers.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Video-conference, criminal hearings / Extraordinary situation, society, threat.
Section 2.b of the Canadian Charter of Rights and Freedoms (hereinafter, the "Charter"), which provides that everyone has the fundamental freedoms of thought, belief, opinion and expression, including freedom of the press and other media of communication, may, in certain circumstances, impose positive obligations on the government to facilitate expression. Substantial interference with freedom of... Read more
2.1.2
Sources - Categories - Unwritten rules.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.9.4
Institutions - Elections and instruments of direct democracy - Constituencies.
4.9.8
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Positive obligation, state, expression / Political expression, freedom / Election, municipal, expression / Municipality, election, wards / Municipality, democratic rights.
A discrimination claim falling within the jurisdiction of Quebec’s Human Rights Tribunal (hereinafter, the "Tribunal") must be limited to expression whose effects are truly discriminatory. Section 10 of the Quebec Charter of human rights and freedoms (hereinafter, the "Quebec Charter") provides for a right to equality in the recognition and exercise of the other rights and freedoms guaranteed by... 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.
Discrimination, expression / Comedian, discriminatory expression / Fundamental rights, conflict between rights.
Section 52.1 of the Constitution Act, 1982, reads:
"The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect."
When a court makes a declaration of invalidity under Section 52.1, a presumption of retroactivity arises and the law is deemed to have been invalid... Read more
1.6.5.3
Constitutional Justice - Effects - Temporal effect - Limitation on retrospective effect.
Declaration of invalidity, temporal nature.
The right not be detained over 72 hours in judicial jails is recognised once a Criminal Court judge imposes measures over any person in a preliminary hearing. Suspects awaiting trial are to be held in a penitentiary centre.
According to Article 13 of the Law of the Constitutional Jurisdiction, the Constitutional Chamber’s decisions are binding on all persons (erga omnes). Although it is... Read more
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.3.13.1.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.3.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts -
COVID-19, pandemic / Jail, judicial, right to not be held.
The aim is to ensure the long-term effectiveness of the human-rights protection system set up by the European Convention on Human Rights, while maintaining the right of individual petition, the cornerstone of this system, and access to justice. Deliberately creating a major surge in applications is liable to affect the Court’s ability to fulfil its mission in relation to other applications,... Read more
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 / Mass litigation, abuse / Mass litigation, COVID-19, measures / Mass litigation, aim, paralyse court.
Offence punishable by a fine, or imprisonment in default of its payment, is regarded as "minor" in view of procedural safeguards governing enforcement of the latter sanction.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
Offence, minor, sanction.
Civil sanctioning of an editor for lengthy refusal to de-index article on a criminal case against private persons, easily accessible by typing the latter’s names into Internet search engine.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Internet, article, de-index, obligation.
A permanent exclusion order cannot be made against a long-term settled migrant with schizophrenia, who has made progress after years of compulsory care, even if he has committed a violent offence.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Expulsion, foreigner, schizophrenia / Expulsion, private life, permanent exclusion order.
A trade-union federation may be ordered to expel a grassroots union of working prisoners because of a statutory ban on their unionisation.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
Trade union, worker, free to join / Trade Union, free to choose its members / Trade union, free to join a federation / Federation, free to admit a union.
Provided the conditions for performing the duties of a judge of the Constitutional Court prescribed by the Constitutional Act on the Constitutional Court are satisfied, the political will expressed during the vote on the candidates included in the Proposed List of Candidates (which the parliamentary Committee for Constitution referred to the Croatian Parliament to elect three Constitutional Court... Read more
1.1.2.4
Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Constitutional Court, judge, appointment, parliamentary committee, proposal, power / Constitutional Court, judge, appointment, decision, Parliament.
The legal remedy that the applicant in this matter had available, in an objective administrative dispute, about which the High Administrative Court failed to deliberate due to its incorrect position concerning its lack of jurisdiction, could not be lodged. This resulted in a violation of the applicant’s right of access to a court.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
Information, access, costs, reimbursement.
A provision of the Misdemeanours Act which authorises the police and state administration inspection bodies (prior to the institution of misdemeanour proceedings) to issue an order imposing any of the precautionary measures prescribed by that Act is in conformity with the Constitution. The provision pursues a legitimate aim (ensuring the presence of defendants in misdemeanour proceedings, the... Read more
3.16
General Principles - Proportionality.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
Misdemeanours proceedings, precautionary measures, police powers / Misdemeanours proceedings, precautionary measures, legitimate aim.
When courts apply established case law, to the effect that employers are authorised to determine which criterion to apply or which criterion has priority when determining redundancies, including criteria other than those specified in the Labour Act, they must take into account that these powers are limited by the prohibition of discrimination and that in a situation where the criteria thus... Read more
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Dismissal on grounds of age / Employment, dismissal, redundancy.
The publication of a newspaper article in which the author transmitted and commented on articles from other national and foreign media that an investigation was carried out against the applicant for corruption was not the sole cause of the applicant’s discomfiture.
The disputed information was published by other media both before and after the disputed article, and the competent courts had held... Read more
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.22
Fundamental Rights - Civil and political rights - Freedom of the written press.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
Politician, reputation / Public person, media information / Media, newspaper articles, prejudicial / Media, journalist, information, source.
Courts dealing with the dismissal of an independent procurement officer who had delivered business documents from the Institution where he worked to journalists who then published articles showing the alleged unlawful business practices of the Institution failed to examine the proportionality of the measure of termination of employment, thus breaching the officer’s right to freedom of expression.... Read more
3.16
General Principles - Proportionality.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Dismissal, decision / Whistle-blowing.
The right to fair remuneration for work under the Czech Charter of Fundamental Rights and Freedoms implies that every employee is entitled to adequate remuneration for the time during which they perform work for the employer or are at the employer's disposal at the place designated by the employer, ready to intervene immediately. Unpaid rest time, on the other hand, must be a time which the... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
3.22
General Principles - Prohibition of arbitrariness.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.4.5
Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Remuneration, rest breaks / Fire brigade.
Ordinary courts deciding on conditional release from imprisonment and assessing whether the convicted person could lead an orderly life in future must evaluate all the specific circumstances of the case and give due consideration to the possibility that the convicted person may have reformed, especially if he has a solid family background, secure housing and employment. If lower courts based... Read more
3.22
General Principles - Prohibition of arbitrariness.
5.3.5.1.4
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.3.14
Fundamental Rights - Civil and political rights -
Release, conditional, application / Sanction, criminal / Prisoner, rehabilitation / Prison term, length.
Persons in an unfavourable social situation are not entitled to the provision of social care services that exactly match their wishes and demands, in terms of location, timeframe, quality, or desired characteristics of those services.
Nonetheless, the government is obliged to ensure that appropriate social care services are available to those who need them, that these services meet certain... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
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.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Social welfare, arrangements / Social assistance, individual character / Social right, direct enforceability / Social right, minimum standard / Disabled person, social assistance, right / Policy, social / Evidence, evaluation, appeal proceedings.
Inability to contest before a court a premature termination of a visa-free stay represents an unconstitutional breach of the right to access to court. Such interference is not necessary for guaranteeing public order and national security. Other less restrictive measures could be deployed to safeguard these values.
Review of the constitutionality of the norms in question is admissible, despite... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
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.
COVID-19, pandemic / Access to court, limitations / Foreigner, stay, termination, premature.
Whether a restriction on land use amounts to expropriation of property governed by Article 32.1 of the Constitution or a simple limitation on the use of property governed by Article 32.2 depends on the intensity of that restriction. If nature conservation related restrictions imposed on a plot of forestry land result in the owner being almost completely deprived of the possibility of exercising... Read more
5.3.39.1
Fundamental Rights - Civil and political rights - Right to property - Expropriation.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Nature, preservation / Environment, protection, property, right, restriction.
In order to ensure legal certainty, a third-country national – who has been the victim of acts of domestic violence committed by his or her spouse who is an EU citizen and in relation to whom divorce proceedings have not been initiated before the departure of that spouse from the host Member State – can rely on the retention of his or her right of residence only in so far as those proceedings are... Read more
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
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.
EU citizen, family member, residence card / Domestic violence, third country national, victim, divorce, residence rights.
Judicial independence requires the system applicable to transfers not consented to by judges to provide the necessary guarantees to prevent that independence from being jeopardised by direct or indirect external intervention. Such transfer measures, which can be decided only on legitimate grounds relating in particular to the distribution of available resources, should therefore be open to... Read more
3.4
General Principles - Separation of powers.
4.7.1
Institutions - Judicial bodies - Jurisdiction.
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Judicial power, independence, guarantees / Effective judicial protection, law / Magistrates, disciplinary regime, personal liability.
An EU Member State is not precluded from granting, under more favourable national provisions, as a derived right and for the purpose of maintaining family unity, refugee status to the minor unmarried child of a third-country national who has been recognised as having that status, including in the case where that child was born in the territory of that Member State and, through that child’s other... Read more
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
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.
National, third country / Refugee, status, determination / Family reunification, right / Child foreigner, stay.
Provisions of national legislation may not allow a Minister for Justice of a Member State, on the basis of criteria which have not been made public, to second a judge to a higher criminal court for a fixed or indefinite period and may, at any time, by way of a decision which does not contain a statement of reasons, terminate that secondment, irrespective of whether that secondment is for a fixed... Read more
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
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.
5.3.13.14
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.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
Judicial power, independence, guarantees / Effective judicial protection, law / Magistrates, delegation decision.
A person who considers that his or her rights have been infringed by the dissemination of disparaging comments concerning him or her on the internet and seeks not only the rectification of information and the removal of the content placed online concerning him or her, but also compensation for the damage resulting from that placement may claim, before the courts of each Member State in which... Read more
4.7.1
Institutions - Judicial bodies - Jurisdiction.
5.1.1.5.1
Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law.
Information, false, website / Compensation, damages.
A child (minor), who is an EU citizen and whose birth certificate, issued by the competent authorities of the host Member State, designates as that child’s parents two persons of the same sex, the Member State of which that child is a national is obliged to issue to that child an identity card or a passport without requiring a birth certificate to be drawn up beforehand by its national... Read more
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Citizenship, EU, minor child, free movement, residence, right.
Member States are under the obligation of establishing the remedies necessary to ensure effective judicial protection in the areas covered by EU Law.
4.17.2
Institutions - European Union - Distribution of powers between the EU and member states.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Public procurement / National procedural autonomy / Direct effect / National courts, powers / Primacy, limits to national procedural autonomy / EU law, effectiveness, / EU law, equivalence,.
Under Article 16 of the Declaration of the Rights of Man and of the Citizen of 1789, Articles 20, 64.1, 64.4, 65.4 and 65.7 of the Constitution, the Constitution provides for the independence of public prosecutors, from which their freedom to conduct criminal proceedings before the courts stems. That independence, however, has to be reconciled with the government’s prerogatives and is not subject... Read more
3.4
General Principles - Separation of powers.
4.7.4.1
Institutions - Judicial bodies - Organisation - Members.
4.7.4.3.6
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Status.
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.
Judge, independence / Prosecutor, independence.
According to Article 88-1 of the Constitution:
"The Republic shall participate in the European Union constituted by States which have freely chosen to exercise some of their powers in common by virtue of the Treaty on European Union and of the Treaty on the Functioning of the European Union, as they result from the treaty signed in Lisbon on 13 December 2007."
The transposition of a directive... Read more
1.3.5.2.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation.
4.15
Institutions - Exercise of public functions by private bodies.
Public authority / Purpose of the review / Customs, official, responsibilities / Border, control / Refoulement, foreign nationals / Constitutional identity.
According to Article 6 of the Declaration of the Rights of Man and of the Citizen of 1789, the law "must be the same for all, whether it protects or punishes". The principle of equality does not preclude parliament from treating different situations in different ways, nor from departing from the principle of equality in the general interest provided that in each case the resulting difference of... Read more
3.18
General Principles - General interest.
3.21
General Principles - Equality.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Hunting, access to private property, prohibition / Hunting, disapproval.
The Constitution does not preclude the possibility for the legislature to put in place rules to govern a public health emergency. In this context, it is for the legislature to ensure that the constitutional objective of protecting health is reconciled with the requirement to respect the rights and freedoms granted to all those who reside on French soil.
The measures provided for in relation to... Read more
3.16
General Principles - Proportionality.
4.6.2
Institutions - Executive bodies - Powers.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, epidemic, chains of infection, identification, health-related data / State of public health emergency.
Under Article 6 of the Declaration of the Rights of Man and of the Citizen of 1789, the law "must be the same for all, whether it protects or punishes". The principle of equality does not preclude parliament from treating different situations in different ways, nor from departing from the principle of equality in the general interest provided that in each case the resulting difference of... Read more
3.16
General Principles - Proportionality.
3.21
General Principles - Equality.
4.10.7.1
Institutions - Public finances - Taxation - Principles.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
Tax, taxation, tax treatment, fuel, biofuel.
The Constitutional Council notes that under Article 11 of the Declaration of the Rights of Man and of the Citizen of 1789, "the free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law". With the current state... Read more
1.6.5.4
Constitutional Justice - Effects - Temporal effect -
3.16
General Principles - Proportionality.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Public order, safeguarding, freedom of communication, identification of suspect / Crime prevention, public interest, proportionality / Road traffic, contravention.
According to Article 2 of the Declaration of the Rights of Man and of the Citizen of 1789, "the aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression". The freedom enshrined in this article implies the right to respect for private life.
Under Article 34 of the Constitution,... Read more
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Electronic communication, personal data, privacy / Preliminary investigation / IT systems / Personal data / Police forces.
According to Article 34 of the Constitution, laws shall establish the rules concerning the fundamental guarantees granted to citizens for the exercise of their public liberties as well as the rules concerning criminal procedure. It is for the legislature to exercise fully the competence conferred on it by the Constitution, in particular Article 34, without transferring to the administrative or... Read more
3.4
General Principles - Separation of powers.
4.7.4.1.1
Institutions - Judicial bodies - Organisation - Members - Qualifications.
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
5.3.13.14
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.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Judge, independence / Video-recorded trials.
1. The Court affirms its case-law on the fundamental rights of parents to care for and raise their children (first sentence of Article 6.2 of the Basic Law), the mandate of the state to act as guardian watching over the exercise of parental care, and the right of children to be protected against irresponsible exercises of parental care (second sentence of Article 6.2 of the Basic Law).
2. Where... Read more
2.1.1.4
Sources - Categories - Written rules - International instruments.
3.18
General Principles - General interest.
3.19
General Principles - Margin of appreciation.
4.14
Institutions - Activities and duties assigned to the State by the Constitution.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Child, welfare, schooling / Child, best interest, schooling / Child, custody, biological parent / Child, custody, withdrawal, pressure on child / Child, welfare, anxiety / Child, welfare, school performance / Constitutional Court, standard of review, limited review, ordinary court decision / Courts, ordinary, margin of appreciation / Convention on the Rights of Persons with Disabilities / Disability, intellectual, mild / Disability, inclusive education / Education, school / Parental care, school education / State, duty, active, child, best interest.
1. The guarantee of judicial independence under Article 97.1 of the Basic Law does not by itself confer an individual right whose violation can be challenged in constitutional complaint proceedings within the meaning of § 90 of the Federal Constitutional Court Act. However, Article 33.5 of the Basic Law, which upholds the ‘traditional principles of the professional civil service’ and whose scope... Read more
3.9
General Principles - Rule of law.
4.7.4.1.6.2
Institutions - Judicial bodies - Organisation - Members - Status - Discipline.
Constitutional complaint, standing / Constitutional complaint, substantiation / Fundamental rights, equivalent right / Civil service, traditional principles / Independence, judge / Judge, supervision, administrative / Judge, workload / Judiciary, independence, guarantees.
1. Curfews and contact restrictions imposed as measures to combat a pandemic must satisfy the general constitutional standards applicable to restrictions of fundamental rights in every respect.
2. The fundamental right to the free development of one’s personality (Article 2.1 of the Basic Law) also protects close family-like ties outside the scope of protection afforded to marriage and the... Read more
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
3.19
General Principles - Margin of appreciation.
5.1.4.3
Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.43
Fundamental Rights - Civil and political rights - Right to self fulfilment.
COVID-19, pandemic, contact restrictions / COVID-19, pandemic, night curfew / COVID-19 regulations, scope, limits / Coercion, freedom of action, general / Freedom of physical movement / Personality, free development / Protection of human health and life / Protection of the existent health system.
1. Article 2.1 in conjunction with Article 7.1 of the Basic Law affords children and adolescents a right requiring the state to support and promote their development to become self-reliant persons within society through school education (right to school education).
2, The right to school education has several dimensions:
a. It affords children and adolescents a right to have the state uphold... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
3.19
General Principles - Margin of appreciation.
3.20
General Principles - Reasonableness.
4.14
Institutions - Activities and duties assigned to the State by the Constitution.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
5.4
Fundamental Rights - Economic, social and cultural rights.
COVID-19, pandemic / Child, personality, development / Education, state, duty / Education, equal opportunity / Infectious disease, protection / General interest, healthcare system, proper functioning / General interest, life and limb, protection / General interest, fight against pandemic / Parental right / School, access, equal protection / School, compulsory schooling / School, distance learning / State, mandate, education / Subject of review, law, direct challenge.
1. The pandemic-related restriction of hotel accommodation in Berlin to guests who are either vaccinated against COVID-19 or have recently recovered from it, does not aim specifically to restrict the mandate of members of Parliament and therefore does not affect the scope of protection of the right to the free exercise of the office of Member of Parliament (second sentence of Article 38.1 of the... Read more
4.5.11
Institutions - Legislative bodies - Status of members of legislative bodies.
4.9.9.3
Institutions - Elections and instruments of direct democracy - Voting procedures - Voting.
5.3.41.3
Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting.
COVID-19, pandemic, measures / COVID-19 regulations, scope, limits / Election, ballot, access, limitation / Election, restriction / Parliament, member, freedom to exercise office.
1. The right to effective legal protection (Article 2.1 in conjunction with Article 20.3 of the Basic Law) is violated if ordinary courts interpret the procedural means of investigation available to them in such a restrictive manner that it becomes essentially impossible to properly and objectively decide on the merits of the case before them and to thereby fulfil the underlying statutory purpose... Read more
3.9
General Principles - Rule of law.
3.22
General Principles - Prohibition of arbitrariness.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
Arbitrariness, court, investigation, evidence / Child, parent, separation / Children’s home, commitment by state, involuntary / Court, ordinary, decision, arbitrary / Court, investigation, ex officio / Family, reunion / German Democratic Republic (GDR), former, children’s home / Germany, reunification / Justice, transformative / Rehabilitation, criminal law, minor.
1. The second sentence of Article 3.3 of the Basic Law prohibits direct and indirect discrimination on the basis of disability by the state and imposes on the state a mandate to effectively protect persons with disabilities against disadvantaging on the basis of their disability, including by third parties (mandate of protection).
2. In certain situations, where persons with disabilities are... Read more
1.3.5.15
Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.
2.1.1.4
Sources - Categories - Written rules - International instruments.
3.18
General Principles - General interest.
3.19
General Principles - Margin of appreciation.
4.14
Institutions - Activities and duties assigned to the State by the Constitution.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.2.1
Fundamental Rights - Equality - Scope of application.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.4.1
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Constitutional complaint, legislative inaction / Convention on the Rights of Persons with Disabilities / Disability, accommodation / Disability, disadvantaging, protection, legislation / Disability, healthcare, access / Disability, persons, rights / Disability, stereotyping / Discrimination, disability / Discrimination, healthcare / Discrimination, private actors / General interest, state, duty of protection, disability / Healthcare, hospital, intensive care / Medical resources, allocation, shortage / Protection, duty, state / Right to health, access, equal / Intensive care, triage / Vulnerable persons, persons with disabilities.
The disparity between constituencies in terms of the value of votes under the provisions on the apportionment of seats for members of the House of Councillors (to be elected from constituencies) in Article 14 and Appended Table 3 of the Public Offices Election Act amended by Act no. 75 of 2018 cannot be said to indicate the existence of extreme inequality to such an extent that it could raise a... Read more
4.9.3
Institutions - Elections and instruments of direct democracy - Electoral system.
4.9.4
Institutions - Elections and instruments of direct democracy - Constituencies.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
Seats, allocation / Vote, weight, relative / Constituency, disparities.
The determination concerning the reasonableness of a penalty of suspension on a city council member of an ordinary local public entity is subject to judicial review.
3.4
General Principles - Separation of powers.
4.8.6.1
Institutions - Federalism, regionalism and local self-government - Institutional aspects - Deliberative assembly.
Municipal council, discipline, judicial review / Self-government, local, judicial review.
Under the circumstances described in the judgment including the following (1) to (5), the act of the mayor of a city to exempt a general incorporated association, which owns facilities where Confucius, etc. are enshrined on national and public lands in a city park that is under the management of the city, from the full amount of the fees for the use of part of the park as the premises of these... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
4.10.8
Institutions - Public finances - Public assets.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Religion, state, separation / Public property, appropriation, religious use.
The provisions of Article 750 of the Civil Code and Article 74.i of the Family Register Act are not in violation of Article 24 of the Constitution. !!!!!!!!
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.34
Fundamental Rights - Civil and political rights - Right to marriage.
Surname, choice / Marriage, restriction.
Article 2.2 of the Law of 27 December 2019 on "Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Improving Criminal and Criminal procedural legislation and strengthening the protection of individual rights" is in conformity with the Constitution. The Law extended the jurisdiction of courts considering criminal cases with the participation of juries, that is to... Read more
3.12
General Principles - Clarity and precision of legal provisions.
5.3.13.10
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial by jury.
Law, entry into force / Jury, trial / Criminal proceeding, right to trial by jury.
The decisions of the regular courts to reject the Applicant’s request to notify her child given up for adoption and who has already reached the age of majority with regard to the existence of his biological mother were not rendered in violation of her alleged right to private life, guaranteed by Article 36 of the Constitution (Right to Privacy) in conjunction with Article 8 ECHR (Right to respect... Read more
1.2.2.1
Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person.
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
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.
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.
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.
Private life, right / Mother, biological / Adoption, data, access.
By dismissing five members of the Independent Oversight Board collectively, without elaborating on any fact or law, but only due to their decision-making in certain cases, for which they enjoy independence and immunity from dismissal, the Assembly has exceeded the limits of the competence to oversee the work of public institutions. The dismissal violates the guarantees regarding the independence... Read more
1.2.1.2
Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
1.3.4.10
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2
Sources - Categories - Case-law - International case-law.
2.3.1
Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion.
Independent Oversight Board for Civil Service / Institutional independence / Immunity from dismissal / Parliament, oversight competence.
The requirement of defence counsel in criminal proceedings is only in conformity with the right to fair trial, if the ordinary courts have given objective and sufficiently serious reasons that do not go beyond what is necessary to safeguard the interests of justice.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.27
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
Right to self-representation / Defence counsel, compulsory.
The constitutional right for churches and religious organisations, which are not traditional in Lithuania but which satisfied criteria set out in the Constitution, to obtain the status of a state-recognised religious association is a necessary element of pluralistic democracy. It is because religious pluralism, which guarantees diversity of religions and beliefs and the coexistence and... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Churches, state-recognised religious association / Organisations, religious / Communities, religious / Association, religious, state-recognised / Pluralism religious / Belief, religion, right, free choice.
The legislature, when regulating state service, may impose requirements relating to the reputation of individuals holding office in state service. The constitutional principle of proportionality, amongst others, must be respected, in regard to any such requirements. Any criteria concerning the application of such requirements must be assessed, as far as possible, by reference to the individual... Read more
3.16
General Principles - Proportionality.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.5
Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
Service, state / Requirement, reputation / Removal, duties, temporary / Pay, fair, right to receive / Crime, grave / Crime, serious, intentional.
Water companies may not unreasonably impose different requirements on neighbours living in the same block of flats for the installation of an independent drinking water supply. To do otherwise would constitute discriminatory treatment, which is aggravated in cases concerning elderly persons.
5.1
Fundamental Rights - General questions.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.4
Fundamental Rights - Economic, social and cultural rights.
Right to safe drinking water / Right to equality / Elderly person.
Mental health clinics must, as a general rule, take into account the free and informed consent of a person with a disability before applying a measure of institutionalisation. This is consistent with the community mental healthcare model and the social model of disability. To do otherwise would violate the right to individual liberty of persons with disabilities.
5.1
Fundamental Rights - General questions.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Person with mental disability / Mental health / Social model of disability.
A law that aims to formalise public transport must be based on respect for free private initiative (Article 58 of the Political Constitution of Peru). In addition, alternative measures to the restriction of free private initiative must be sought in order to make this freedom compatible with the rights to health, the environment, and similar rights of drivers and passengers.
5.1
Fundamental Rights - General questions.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.7
Fundamental Rights - Economic, social and cultural rights - Consumer protection.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Transport, formalisation / Principle of non-retrogression / Right to a healthy and balanced environment / Consumer and user rights.
Establishing a restriction on the hours of operation of night-time establishments is constitutional and does not imply a serious interference with the right to freedom of work. Likewise, such a restriction is constitutional to guarantee the rights to the environment, tranquillity and health of neighbours living in areas where such establishments operate.
Summary
In this case, the... Read more
3.20
General Principles - Reasonableness.
5.1
Fundamental Rights - General questions.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Freedom of work / Pollution, noise.
A legal solution that waives the necessity during a criminal investigation for prior authorisation from a judge, allowing invasion of a citizen’s private sphere, is only constitutionally legitimate where there is well-defined and robust justification and in exceptional circumstances.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.36.1
Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence.
5.3.36.3
Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications.
Cybercrime / Cybersecurity.
In court hearings, examination by distance communication is not equivalent to in-person examination. In the absence of special circumstances, it cannot be said that the difference between the methods is so marked that it would place the parties concerned in an unequal position or impinge on their right to a fair trial.
Summary
I. Insolvency proceedings were held in a Commercial Court, in... Read more
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.13.19
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
5.3.13.20
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle.
5.3.13.28
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to examine witnesses.
Witness, hearing, in person, remote.
The Constitution as it stands does not provide a basis for criminalising the maltreatment of animals. Provisions of the Penal Code introducing the criminalisation of such conduct were unconstitutional.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Animal rights / Animal, cruelty / Animal protection.
A Government decree established that the violation of the duty of confinement determined by the health authorities entailed the commission of a crime of disobedience. This was in line with the principle of certainty of the law and with the separation of powers.
3.10
General Principles - Certainty of the law.
4.6.2
Institutions - Executive bodies - Powers.
4.6.3.1
Institutions - Executive bodies - Application of laws - Autonomous rule-making powers.
COVID-19, pandemic, measures.
Pay discrimination against workers in cultural sectors is prohibited.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.4.18
Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.
Theatre, solo artist / Workers, culture / Wages, reduction, minimum.
Courts must ascertain whether the owners of land close to gas pipelines acted in good faith in order to decide whether a building erected without permission should be allowed to stand or be demolished and whether the owner should be compensated for losses resulting from its destruction.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Good faith, owner / Permission, building, without permission / Restriction, knowledge.
Final criminal convictions can be reviewed where new facts have come to light.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
New fact, review / Criminal, offence.
The institution for social work has a specific role to play in proceedings to enforce parental rights. It must demonstrate an extremely high degree of proactivity, so that contact (at least in controlled conditions) can be made between parents and their children.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Institution, social work, parental rights, role.
The electoral system for election to the National Assembly ensures a decisive influence of voters as required by the Constitution; voters, not political parties, have the final word on the allocation of seats to the individual candidates.
The territories of the electoral districts, however, no longer correspond to the statutory criteria that require that electoral districts have an equal number... Read more
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
4.9.3
Institutions - Elections and instruments of direct democracy - Electoral system.
4.9.4
Institutions - Elections and instruments of direct democracy - Constituencies.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
Election, constituency, size / Election, constituency, size, unequal / Election, equal voting power / Election, equality of votes / Election, equal suffrage / Election, Parliament, allocation of seats / Election, vote, influence.
An individual applicant must have the possibility to rebut the presumption that a third country, including neighbouring EU Member States, is safe. In an individual procedure, the applicant must have the possibility to adduce all the circumstances that can prove that there exists a serious threat that the applicant would be subjected to inhuman treatment in the event of extradition. The number and... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
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.
Asylum, refoulement, risk, presumed safe third country / Non-refoulement, principle.
Certain provisions of the Public Finance Act interfered with the financial independence of the National Council, the Constitutional Court, the Court of Audit, and the Human Rights Ombudsman and were unconstitutional.
3.13
General Principles - Legality.
4.5
Institutions - Legislative bodies.
4.7
Institutions - Judicial bodies.
4.10.2
Institutions - Public finances - Budget.
4.10.6
Institutions - Public finances - Auditing bodies.
4.12
Institutions - Ombudsman.
Budget, adoption, procedure / Budget, allocation / Budget, balancing / Budget, control / Constitutional Court, independence, budgetary / Constitutional Court, independence, financial / National Council, independence, budgetary / National Council, independence, financial / Ombudsman, independence, budgetary / Ombudsman, independence, financial / Court of Audit, independence, budgetary / Court of Audit, independence, financial.
The maxim that the law does not require the impossible does not empower a court to allow that an election be held outside the constitutionally prescribed time period on the basis that it is unlikely that the elections will be free and fair, in circumstances where it is not practically impossible to hold such elections. If a court is empowered to allow that an election be held outside of the... Read more
4.9.7.1
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Electoral rolls.
4.9.7.2
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates.
4.9.9.3
Institutions - Elections and instruments of direct democracy - Voting procedures - Voting.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.6
Fundamental Rights - Civil and political rights - Electoral rights - Frequency and regularity of elections.
Election law / Election, citizen not on voters list, vote, exercise / Election, deferral / Election, constitutional requirement / Election, Constitutional Court, competence.
A statutory provision prohibiting an unmarried father from giving notice of the birth of his child under his surname, in the absence of the child’s mother or without her consent is declared invalid and unconstitutional.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
3.17
General Principles - Weighing of interests.
3.22
General Principles - Prohibition of arbitrariness.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.5
Fundamental Rights - Equality - Criteria of distinction - Social origin.
5.2.2.12
Fundamental Rights - Equality - Criteria of distinction - Civil status.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.33.1
Fundamental Rights - Civil and political rights - Right to family life - Descent.
Child, born out of wedlock, surname / Marital status, discrimination.
Any limitation on the right to receive an education in the language of one’s choice, guaranteed under Section 29.2 of the Constitution, must be justified by clear and convincing evidence that such education is not reasonably practicable.
4.3.1
Institutions - Languages - Official language(s).
4.3.4
Institutions - Languages - Minority language(s).
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.40
Fundamental Rights - Civil and political rights - Linguistic freedom.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Education, higher, in national minority language.
The Competition Act 89 of 1998 details the process through which the Competition Commission or Competition Tribunal must consider mergers. In terms of Section 12A of the Act, the Competition Commission or Competition Tribunal must determine whether or not a merger is likely to substantially prevent or lessen competition. Section 27.1.a of the Constitution guarantees the right to healthcare... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Private hospitals, merger / Competition, impact of merger / Competition, substantial lessening / Right to health, impact of merger / Interference by appellate courts with findings of trial courts.
International law does not entail an obligation for Sweden to always grant foreign states immunity from enforcement. A foreign state is not immune from enforcement in listed shares.
4.6.10.1.1
Institutions - Executive bodies - Liability - Legal liability - Immunity.
Immunity from seizure of state property / International law.
Swedish law provides the State with a discretionary right to determine whether a person should be exempted from paying taxes. Consequently, the Government’s decision regarding an application to be exempted from paying taxes does not concern the applicant’s civil rights or obligations within the meaning of Article 6.1 ECHR.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.42
Fundamental Rights - Civil and political rights - Rights in respect of taxation.
Tax exemption / Judicial review.
Legislation which provides that a company is not permitted to deduct interest payments made to a company belonging to the same group, established in another Member State of the European Union, on the ground that the underlying debt is incurred almost exclusively so as to gain a substantial tax benefit, is incompatible with EU law when applied to situations that would have been covered by the... Read more
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and domestic non-constitutional legal instruments.
3.26
General Principles - Fundamental principles of the Internal Market.
5.3.42
Fundamental Rights - Civil and political rights - Rights in respect of taxation.
Freedom of establishment, taxation / Tax deduction.
Article 12 of the Convention on the Rights of the Child (hereinafter, "CRC"); Article 8 ECHR; personal hearing of the child; reverse family reunification.
In principle, there is no right to a personal hearing, especially when the interests of the child accord with those of the parent concerned. In this case, however, it was not known whether the interests were concordant or not. A hearing with... Read more
2.1.1.4.15
Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Child, rights / Child, personal hearing / Child, right to have a relationship / Child, contact, parents, duty / Child, interest / Child, best interest, maintaining family ties / Child, parents, access rights / Child, personal relationships / Foreign national, family reunification.
Articles 38 et seq. of the Federal Intelligence Act (hereinafter, "LRens"); Article 25.1 of the Federal Data Protection Act (hereinafter, "LPD"); Article 13 ECHR; action for an injunction and a court declaration concerning radio and cable communications intelligence; right to a substantive examination of applications.
Personal data are processed in the course of radio and cable... Read more
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
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.
Access to justice, right / Constitution, conformity / Treaty, compatibility / Communication, bulk interception, surveillance / Secret surveillance, measure / Personal data, collection, processing / Internet, surveillance / Personal data protection.
Article 8.2 of the Federal Constitution; Article 27 of the Foreign Nationals and Integration Act (hereinafter, "LEI"); refusal of leave to remain for study purposes; discrimination on the grounds of age.
Reminder of the case law on the protection afforded by Article 8.2 of the Federal Constitution in cases of discrimination on the grounds of age (recitals 2.1 and 2.2). Outline of the... Read more
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
Prohibition of discrimination / Discrimination, age / Age, limit / Foreign national, residence permit, temporary, rejection / Student, foreign national / University, access, equality.
Provisions of the Criminal Code which make it impossible for them to be applied to persons sentenced to life imprisonment are unconstitutional. Immediate steps should be taken by Parliament to remedy this situation.
Summary
I. The provisions of Article 81.1 of the Criminal Code (hereinafter, the "Code") read thus: "persons serving a sentence in the form of correctional labour, service... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.5.1.4
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release.
Life imprisonment / Parole, release, conditions.
The coming to light of new evidence may revive the investigative obligation under Article 2 ECHR if it adds significantly to the state of knowledge at the relevant date or alters its substance.
If new evidence comes to light regarding a death which occurred before the United Kingdom entered into the European Convention on Human Rights or in relation to a claim by an individual, when the United... 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.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
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.
Investigation, effective / Investigation, independence / Investigation, obligation / Investigation, time-limit.
The policy that all passports must record the passport-holder’s gender as either male or female does not contravene the right to respect for private life which is guaranteed by Article 8 ECHR, whether taken on its own or in conjunction with the prohibition on discrimination in Article 14 ECHR.
2.1.1.1.2
Sources - Categories - Written rules - National rules - Quasi-constitutional enactments.
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.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
3.19
General Principles - Margin of appreciation.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Gender, identity / Sexual identity, self-determined, recognition / Passport, issuing, discrimination.
1.1.2.4 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members. CRO-2021-3-011 1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies. KOS-2021-3-003 1.2.2.1 Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person. KOS-2021-3-002 1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review. KOS-2021-3-002, KOS-2021-3-003 1.3.4.10 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments. KOS-2021-3-003 1.3.5.2.2 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation. FRA-2021-3-016 1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law. KOS-2021-3-003 1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions. KOS-2021-3-002 1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation. GER-2021-3-026 1.6.5.3 Constitutional Justice - Effects - Temporal effect - Limitation on retrospective effect. CAN-2021-3-008 1.6.5.4 Constitutional Justice - Effects - Temporal effect - Ex nunc effect. FRA-2021-3-020 2.1.1.1 Sources - Categories - Written rules - National rules. ARG-2021-3-003, KOS-2021-3-003 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. CZE-2021-3-006, KOS-2021-3-002 2.1.1.1.2 Sources - Categories - Written rules - National rules - Quasi-constitutional enactments. GBR-2021-3-004 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. BEL-2021-3-007, CZE-2021-3-006, EST-2021-3-004 2.1.1.4 Sources - Categories - Written rules - International instruments. GER-2021-3-020, GER-2021-3-026 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. AUT-2021-3-002, AUT-2021-3-003, BEL-2021-3-007, BEL-2021-3-008, BIH-2021-3-006, BIH-2021-3-007, GBR-2021-3-003, GBR-2021-3-004, KOS-2021-3-002, SLO-2021-3-008 2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966. BIH-2021-3-007 2.1.1.4.15 Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989. SUI-2021-3-005 2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000. SLO-2021-3-008 2.1.2 Sources - Categories - Unwritten rules. CAN-2021-3-006 2.1.3.1 Sources - Categories - Case-law - Domestic case-law. GBR-2021-3-003, GBR-2021-3-004, KOS-2021-3-002, KOS-2021-3-003 2.1.3.2 Sources - Categories - Case-law - International case-law. KOS-2021-3-003 2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights. GBR-2021-3-003, GBR-2021-3-004, KOS-2021-3-002, SLO-2021-3-008 2.1.3.2.2 Sources - Categories - Case-law - International case-law - Court of Justice of the European Union. SLO-2021-3-008, SWE-2021-3-011 2.2.1.5 Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments. GBR-2021-3-003, GBR-2021-3-004 2.2.1.6.2 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and domestic non-constitutional legal instruments. SWE-2021-3-011 2.3.1 Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion. KOS-2021-3-003 2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation. RSA-2021-3-010 3.2 General Principles - Republic/Monarchy. BEL-2021-3-008 3.4 General Principles - Separation of powers. BUL-2021-3-001, ECJ-2021-3-015, FRA-2021-3-015, FRA-2021-3-022, JPN-2021-3-002 3.7 General Principles - Relations between the State and bodies of a religious or ideological nature. BEL-2021-3-007, JPN-2021-3-003, LTU-2021-3-006 3.9 General Principles - Rule of law. BLR-2021-3-002, BLR-2021-3-003, BUL-2021-3-001, GER-2021-3-021, GER-2021-3-025, RSA-2021-3-010, SLO-2021-3-007 3.10 General Principles - Certainty of the law. POR-2021-3-015, RSA-2021-3-010 3.12 General Principles - Clarity and precision of legal provisions. ARG-2021-3-003, BIH-2021-3-006, KAZ-2021-3-002, RSA-2021-3-010, RSA-2021-3-012 3.13 General Principles - Legality. BLR-2021-3-002, BLR-2021-3-003, SLO-2021-3-009 3.16 General Principles - Proportionality. CRO-2021-3-013, CRO-2021-3-016, FRA-2021-3-018, FRA-2021-3-019, FRA-2021-3-020, GER-2021-3-022, GER-2021-3-023, LTU-2021-3-007, SLO-2021-3-007 3.17 General Principles - Weighing of interests. GER-2021-3-023, RSA-2021-3-010, RSA-2021-3-012 3.18 General Principles - General interest. FRA-2021-3-017, GER-2021-3-020, GER-2021-3-022, GER-2021-3-023, GER-2021-3-026, RSA-2021-3-012 3.19 General Principles - Margin of appreciation. GBR-2021-3-004, GER-2021-3-020, GER-2021-3-022, GER-2021-3-023, GER-2021-3-026 3.20 General Principles - Reasonableness. GER-2021-3-023, PER-2021-3-008 3.21 General Principles - Equality. FRA-2021-3-017, FRA-2021-3-019 3.22 General Principles - Prohibition of arbitrariness. CZE-2021-3-006, CZE-2021-3-007, GER-2021-3-025, RSA-2021-3-010 3.26 General Principles - Fundamental principles of the Internal Market. SWE-2021-3-011 4.3.1 Institutions - Languages - Official language(s). RSA-2021-3-011 4.3.4 Institutions - Languages - Minority language(s). RSA-2021-3-011 4.5 Institutions - Legislative bodies. SLO-2021-3-009 4.5.2 Institutions - Legislative bodies - Powers. BUL-2021-3-001 4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies. GER-2021-3-024 4.6.2 Institutions - Executive bodies - Powers. FRA-2021-3-018, POR-2021-3-015 4.6.3.1 Institutions - Executive bodies - Application of laws - Autonomous rule-making powers. POR-2021-3-015 4.6.6 Institutions - Executive bodies - Relations with judicial bodies. FRA-2021-3-018 4.6.10.1.1 Institutions - Executive bodies - Liability - Legal liability - Immunity. SWE-2021-3-009 4.7 Institutions - Judicial bodies. SLO-2021-3-009 4.7.1 Institutions - Judicial bodies - Jurisdiction. ECJ-2021-3-015, ECJ-2021-3-018 4.7.4.1 Institutions - Judicial bodies - Organisation - Members. BIH-2021-3-007, FRA-2021-3-015 4.7.4.1.1 Institutions - Judicial bodies - Organisation - Members - Qualifications. FRA-2021-3-022 4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment. ECJ-2021-3-015, ECJ-2021-3-017, FRA-2021-3-022 4.7.4.1.6.2 Institutions - Judicial bodies - Organisation - Members - Status - Discipline. GER-2021-3-021 4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel. BIH-2021-3-007 4.7.4.3.6 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Status. FRA-2021-3-015 4.8.3 Institutions - Federalism, regionalism and local self-government - Municipalities. CAN-2021-3-006 4.8.6.1 Institutions - Federalism, regionalism and local self-government - Institutional aspects - Deliberative assembly. JPN-2021-3-002 4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system. JPN-2021-3-001, SLO-2021-3-007 4.9.4 Institutions - Elections and instruments of direct democracy - Constituencies. CAN-2021-3-006, JPN-2021-3-001, SLO-2021-3-007 4.9.7.1 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Electoral rolls. RSA-2021-3-009 4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates. RSA-2021-3-009 4.9.8 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material. BRA-2021-3-021, CAN-2021-3-006 4.9.9.3 Institutions - Elections and instruments of direct democracy - Voting procedures - Voting. GER-2021-3-024, RSA-2021-3-009 4.10.2 Institutions - Public finances - Budget. SLO-2021-3-009 4.10.6 Institutions - Public finances - Auditing bodies. SLO-2021-3-009 4.10.7.1 Institutions - Public finances - Taxation - Principles. FRA-2021-3-019 4.10.8 Institutions - Public finances - Public assets. JPN-2021-3-003 4.11.2 Institutions - Armed forces, police forces and secret services - Police forces. CRO-2021-3-013, GBR-2021-3-003 4.12 Institutions - Ombudsman. SLO-2021-3-009 4.14 Institutions - Activities and duties assigned to the State by the Constitution. GER-2021-3-020, GER-2021-3-023, GER-2021-3-026 4.15 Institutions - Exercise of public functions by private bodies. FRA-2021-3-016 4.17.2 Institutions - European Union - Distribution of powers between the EU and member states. ECJ-2021-3-020 4.18 Institutions - State of emergency and emergency powers. BUL-2021-3-002, FRA-2021-3-018 5.1 Fundamental Rights - General questions. PER-2021-3-005, PER-2021-3-006, PER-2021-3-007, PER-2021-3-008 5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status. ECJ-2021-3-014, ECJ-2021-3-019 5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners. EST-2021-3-004, SLO-2021-3-008, SUI-2021-3-007 5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status. ECJ-2021-3-016 5.1.1.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons. RUS-2021-3-007, RUS-2021-3-008, RUS-2021-3-009 5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees. BUL-2021-3-002 5.1.1.5.1 Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law. ECJ-2021-3-018 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. ARG-2021-3-003, GER-2021-3-023, GER-2021-3-026, RSA-2021-3-011 5.1.4 Fundamental Rights - General questions - Limits and restrictions. FRA-2021-3-018, SLO-2021-3-008 5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation. RSA-2021-3-011 5.1.4.3 Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation. GER-2021-3-022 5.1.5 Fundamental Rights - General questions - Emergency situations. FRA-2021-3-018, GER-2021-3-022, SLO-2021-3-008 5.2 Fundamental Rights - Equality. BEL-2021-3-007 5.2.1 Fundamental Rights - Equality - Scope of application. GER-2021-3-026 5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens. FRA-2021-3-019 5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment. BIH-2021-3-007, CRO-2021-3-011, CRO-2021-3-014 5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections. JPN-2021-3-001, SLO-2021-3-007 5.2.2 Fundamental Rights - Equality - Criteria of distinction. PER-2021-3-005 5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender. GBR-2021-3-004, JPN-2021-3-004, RSA-2021-3-010 5.2.2.2 Fundamental Rights - Equality - Criteria of distinction - Race. BRA-2021-3-023 5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality. SUI-2021-3-007 5.2.2.5 Fundamental Rights - Equality - Criteria of distinction - Social origin. RSA-2021-3-010 5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion. LTU-2021-3-006 5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age. CRO-2021-3-014, SUI-2021-3-007 5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability. ARG-2021-3-003, GER-2021-3-020, GER-2021-3-026 5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status. AUT-2021-3-002, RSA-2021-3-010 5.2.3 Fundamental Rights - Equality - Affirmative action. BRA-2021-3-020 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. CAN-2021-3-007, CZE-2021-3-008, GER-2021-3-026, JPN-2021-3-004, RSA-2021-3-010, UKR-2021-3-007 5.3.2 Fundamental Rights - Civil and political rights - Right to life. BLR-2021-3-003, GBR-2021-3-003, GER-2021-3-023, GER-2021-3-026, PER-2021-3-007 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. CRC-2021-3-001, ECH-2021-3-026, GBR-2021-3-003, POR-2021-3-014, SLO-2021-3-008 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. BIH-2021-3-006, GER-2021-3-026 5.3.4.1 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments. GER-2021-3-026 5.3.5 Fundamental Rights - Civil and political rights - Individual liberty. FRA-2021-3-021 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. PER-2021-3-006 5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest. CRC-2021-3-001 5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial. BUL-2021-3-002 5.3.5.1.4 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release. CZE-2021-3-007, UKR-2021-3-007 5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement. ECJ-2021-3-014 5.3.9 Fundamental Rights - Civil and political rights - Right of residence. ECJ-2021-3-014, ECJ-2021-3-016, ECJ-2021-3-019, SUI-2021-3-005, SUI-2021-3-007 5.3.11 Fundamental Rights - Civil and political rights - Right of asylum. ECJ-2021-3-016, SLO-2021-3-008 5.3.12 Fundamental Rights - Civil and political rights - Security of the person. CRC-2021-3-001 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. CZE-2021-3-006 5.3.13.1.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings. CRC-2021-3-001 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. BUL-2021-3-002, CRC-2021-3-001, CZE-2021-3-007, ECJ-2021-3-017, FRA-2021-3-021, LIE-2021-3-003 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. CRO-2021-3-012, ECJ-2021-3-015, ECJ-2021-3-017, ECJ-2021-3-020, GER-2021-3-025, SUI-2021-3-006 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. CRO-2021-3-012, ECH-2021-3-023, EST-2021-3-004, RUS-2021-3-009, SUI-2021-3-006, SWE-2021-3-010 5.3.13.3.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - Habeas corpus. CRC-2021-3-001 5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing. ECH-2021-3-024, POR-2021-3-013, SUI-2021-3-005 5.3.13.10 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial by jury. KAZ-2021-3-002 5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence. ECJ-2021-3-015, ECJ-2021-3-017, FRA-2021-3-015, FRA-2021-3-022 5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality. ECJ-2021-3-015, ECJ-2021-3-017, FRA-2021-3-015, FRA-2021-3-022 5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence. CZE-2021-3-008, GER-2021-3-025 5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. CZE-2021-3-007, CZE-2021-3-008, KOS-2021-3-002 5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms. POR-2021-3-013 5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle. POR-2021-3-013 5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. ECJ-2021-3-017, FRA-2021-3-022 5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel. LIE-2021-3-003 5.3.13.28 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to examine witnesses. POR-2021-3-013 5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem. CZE-2021-3-007 5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship. BEL-2021-3-007, JPN-2021-3-003, LTU-2021-3-006 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. BEL-2021-3-008, BEL-2021-3-009, BLR-2021-3-003, CAN-2021-3-006, CAN-2021-3-007, CRO-2021-3-015, CRO-2021-3-016, ECH-2021-3-025, FRA-2021-3-020, GBR-2021-3-004 5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press. CRO-2021-3-015 5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication. FRA-2021-3-022, SUI-2021-3-006, UKR-2021-3-009 5.3.24 Fundamental Rights - Civil and political rights - Right to information. CRO-2021-3-012 5.3.27 Fundamental Rights - Civil and political rights - Freedom of association. ECH-2021-3-027 5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity. RSA-2021-3-009 5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation. BEL-2021-3-008, CRO-2021-3-015 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. AUT-2021-3-003, ECH-2021-3-026, FRA-2021-3-022, JPN-2021-3-004, KOS-2021-3-002, SUI-2021-3-006 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. FRA-2021-3-018, FRA-2021-3-021, POR-2021-3-012, SUI-2021-3-006 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. AUT-2021-3-002, ECJ-2021-3-014, ECJ-2021-3-016, GER-2021-3-020, GER-2021-3-022, GER-2021-3-023, JPN-2021-3-004, SRB-2021-3-003, SUI-2021-3-005 5.3.33.1 Fundamental Rights - Civil and political rights - Right to family life - Descent. RSA-2021-3-010 5.3.34 Fundamental Rights - Civil and political rights - Right to marriage. JPN-2021-3-004 5.3.36.1 Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence. POR-2021-3-012 5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications. POR-2021-3-012 5.3.39 Fundamental Rights - Civil and political rights - Right to property. FRA-2021-3-017, UKR-2021-3-008 5.3.39.1 Fundamental Rights - Civil and political rights - Right to property - Expropriation. BLR-2021-3-002, EST-2021-3-005 5.3.39.2 Fundamental Rights - Civil and political rights - Right to property - Nationalisation. BLR-2021-3-002 5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations. BEL-2021-3-009, EST-2021-3-005, RUS-2021-3-008 5.3.39.4 Fundamental Rights - Civil and political rights - Right to property - Privatisation. UKR-2021-3-008 5.3.40 Fundamental Rights - Civil and political rights - Linguistic freedom. RSA-2021-3-011 5.3.41 Fundamental Rights - Civil and political rights - Electoral rights. BRA-2021-3-021, SLO-2021-3-007 5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote. JPN-2021-3-001, RSA-2021-3-009 5.3.41.3 Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting. GER-2021-3-024 5.3.41.6 Fundamental Rights - Civil and political rights - Electoral rights - Frequency and regularity of elections. RSA-2021-3-009 5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation. SWE-2021-3-010, SWE-2021-3-011 5.3.43 Fundamental Rights - Civil and political rights - Right to self fulfilment. GER-2021-3-022 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. AUT-2021-3-002, ECJ-2021-3-016, ECJ-2021-3-019, GER-2021-3-020, GER-2021-3-023, SUI-2021-3-005 5.4 Fundamental Rights - Economic, social and cultural rights. GER-2021-3-023, PER-2021-3-005 5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education. RSA-2021-3-011 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. BRA-2021-3-020, CRO-2021-3-011, CRO-2021-3-014, LTU-2021-3-007, PER-2021-3-008 5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. BRA-2021-3-020 5.4.5 Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration. CZE-2021-3-006, LTU-2021-3-007 5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. BEL-2021-3-009, RSA-2021-3-012 5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection. PER-2021-3-007 5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service. LTU-2021-3-007 5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing. UKR-2021-3-008 5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security. ARG-2021-3-003, CZE-2021-3-008 5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions. CZE-2021-3-006 5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living. RUS-2021-3-007 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. ARG-2021-3-003, BRA-2021-3-022, FRA-2021-3-018, GER-2021-3-026, PER-2021-3-006, PER-2021-3-007, RSA-2021-3-012 5.4.20 Fundamental Rights - Economic, social and cultural rights - Right to culture. BLR-2021-3-003 5.5.1 Fundamental Rights - Collective rights - Right to the environment. PER-2021-3-007, PER-2021-3-008, POR-2021-3-014
Access to court, limitations
EST-2021-3-004 Access to justice, right
SUI-2021-3-006 Adaptation, measures, necessity
BRA-2021-3-020 Adoption, data, access
KOS-2021-3-002 Advertising, tobacco, ban
BEL-2021-3-009 Age, limit
SUI-2021-3-007 Amparo action
ARG-2021-3-003 Animal protection
POR-2021-3-014 Animal rights
POR-2021-3-014 Animal, cruelty
POR-2021-3-014 Animal, welfare, protection
BEL-2021-3-007 Arbitrariness, court, investigation, evidence
GER-2021-3-025 Association, religious, state-recognised
LTU-2021-3-006 Asylum, refoulement, risk, presumed safe third country
SLO-2021-3-008 Belief, religion, right, free choice
LTU-2021-3-006 Border, control
FRA-2021-3-016 Budget, adoption, procedure
SLO-2021-3-009 Budget, allocation
SLO-2021-3-009 Budget, balancing
SLO-2021-3-009 Budget, control
SLO-2021-3-009 Cannabis plant, derivatives
ARG-2021-3-003 Child foreigner, stay
ECJ-2021-3-016 Child, adoption
AUT-2021-3-002 Child, best interest, maintaining family ties
SUI-2021-3-005 Child, best interest, schooling
GER-2021-3-020 Child, best interests
AUT-2021-3-002 Child, born out of wedlock, surname
RSA-2021-3-010 Child, contact, parents, duty
SUI-2021-3-005 Child, custody, biological parent
GER-2021-3-020 Child, custody, withdrawal, pressure on child
GER-2021-3-020 Child, interest
SUI-2021-3-005 Child, parent, separation
GER-2021-3-025 Child, parents, access rights
SUI-2021-3-005 Child, personal hearing
SUI-2021-3-005 Child, personal relationships
SUI-2021-3-005 Child, personality, development
GER-2021-3-023 Child, right to have a relationship
SUI-2021-3-005 Child, rights
SUI-2021-3-005 Child, welfare, anxiety
GER-2021-3-020 Child, welfare, school performance
GER-2021-3-020 Child, welfare, schooling
GER-2021-3-020 Children’s home, commitment by state, involuntary
GER-2021-3-025 Church, State, separation
BEL-2021-3-007 Churches, state-recognised religious association
LTU-2021-3-006 Citizenship, EU, minor child, free movement, residence, right
ECJ-2021-3-019 Civil servant, recruitment
BRA-2021-3-020 Civil service, examination, competitive
BRA-2021-3-020 Civil service, requirement, skill, specific
BRA-2021-3-020 Civil service, traditional principles
GER-2021-3-021 Coercion, freedom of action, general
GER-2021-3-022 Comedian, discriminatory expression
CAN-2021-3-007 Communication, bulk interception, surveillance
SUI-2021-3-006 Communities, religious
LTU-2021-3-006 Compensation for expropriation
BLR-2021-3-002 Compensation, damages
ECJ-2021-3-018 Competition, impact of merger
RSA-2021-3-012 Competition, substantial lessening
RSA-2021-3-012 Constituency, disparities
JPN-2021-3-001 Constitution, conformity
SUI-2021-3-006 Constitutional complaint, legislative inaction
GER-2021-3-026 Constitutional complaint, standing
GER-2021-3-021 Constitutional complaint, substantiation
GER-2021-3-021 Constitutional Court, independence, budgetary
SLO-2021-3-009 Constitutional Court, independence, financial
SLO-2021-3-009 Constitutional Court, judge, appointment, decision, Parliament
CRO-2021-3-011 Constitutional Court, judge, appointment, parliamentary committee, proposal, power
CRO-2021-3-011 Constitutional Court, standard of review, limited review, ordinary court decision
GER-2021-3-020 Constitutional identity
FRA-2021-3-016 Consumer and user rights
PER-2021-3-007 Convention on the Rights of Persons with Disabilities
GER-2021-3-020, GER-2021-3-026 Court of Audit, independence, budgetary
SLO-2021-3-009 Court of Audit, independence, financial
SLO-2021-3-009 Court, investigation, ex officio
GER-2021-3-025 Court, ordinary, decision, arbitrary
GER-2021-3-025 Courts, ordinary, margin of appreciation
GER-2021-3-020 COVID-19 regulations, scope, limits
GER-2021-3-024, GER-2021-3-022 COVID-19, epidemic, chains of infection, identification, health-related data
FRA-2021-3-018 COVID-19, pandemic
ECH-2021-3-023, EST-2021-3-004, GER-2021-3-023, GER-2021-3-026, CRC-2021-3-001 COVID-19, pandemic, contact restrictions
GER-2021-3-022 COVID-19, pandemic, measures
POR-2021-3-015, GER-2021-3-024 COVID-19, pandemic, night curfew
GER-2021-3-022 Crime prevention, public interest, proportionality
FRA-2021-3-020 Crime, grave
LTU-2021-3-007 Crime, serious, intentional
LTU-2021-3-007 Criminal proceeding, right to trial by jury
KAZ-2021-3-002 Criminal proceedings, medical examination, non-suspected persons, non-accused persons
BIH-2021-3-006 Criminal, offence
RUS-2021-3-009 Customs, official, responsibilities
FRA-2021-3-016 Cybercrime
POR-2021-3-012 Cybersecurity
POR-2021-3-012 Declaration of invalidity, temporal nature
CAN-2021-3-008 Defence counsel, compulsory
LIE-2021-3-003 Direct effect
ECJ-2021-3-020 Disability
BRA-2021-3-020 Disability, accommodation
GER-2021-3-026 Disability, disadvantaging, protection, legislation
GER-2021-3-026 Disability, employment
BRA-2021-3-020 Disability, healthcare, access
GER-2021-3-026 Disability, inclusive education
GER-2021-3-020 Disability, intellectual, mild
GER-2021-3-020 Disability, persons, rights
BRA-2021-3-020, GER-2021-3-026 Disability, stereotyping
GER-2021-3-026 Disabled person
ARG-2021-3-003 Disabled person, social assistance, right
CZE-2021-3-008 Discrimination, age
SUI-2021-3-007 Discrimination, disability
GER-2021-3-026 Discrimination, expression
CAN-2021-3-007 Discrimination, healthcare
GER-2021-3-026 Discrimination, private actors
GER-2021-3-026 Dismissal on grounds of age
CRO-2021-3-014 Dismissal, decision
CRO-2021-3-016 Domestic violence, third country national, victim, divorce, residence rights
ECJ-2021-3-014 Dormitory, room, owner, right
UKR-2021-3-008 Dormitory, room, privatisation
UKR-2021-3-008 Drug, compounded, regulation
BRA-2021-3-022 Drug, pharmaceutical
BRA-2021-3-022 Education, equal opportunity
GER-2021-3-023 Education, higher, in national minority language
RSA-2021-3-011 Education, school
GER-2021-3-020 Education, state, duty
GER-2021-3-023 Effective judicial protection, law
ECJ-2021-3-017, ECJ-2021-3-015 Elderly person
PER-2021-3-005 Election campaign
BRA-2021-3-021 Election campaign, financing
BRA-2021-3-021 Election campaign, freedom
BRA-2021-3-021 Election law
RSA-2021-3-009 Election, ballot, access, limitation
GER-2021-3-024 Election, campaign, restriction
BRA-2021-3-021 Election, citizen not on voters list, vote, exercise
RSA-2021-3-009 Election, constituency, size
SLO-2021-3-007 Election, constituency, size, unequal
SLO-2021-3-007 Election, Constitutional Court, competence
RSA-2021-3-009 Election, constitutional requirement
RSA-2021-3-009 Election, deferral
RSA-2021-3-009 Election, equal suffrage
SLO-2021-3-007 Election, equal voting power
SLO-2021-3-007 Election, equality of votes
SLO-2021-3-007 Election, municipal, expression
CAN-2021-3-006 Election, Parliament, allocation of seats
SLO-2021-3-007 Election, propaganda
BRA-2021-3-021 Election, restriction
GER-2021-3-024 Election, vote, influence
SLO-2021-3-007, BRA-2021-3-021 Electronic communication, personal data, privacy
FRA-2021-3-021 Employment, dismissal, redundancy
CRO-2021-3-014 Environment, protection, property, right, restriction
EST-2021-3-005 Equality and non-discrimination
BEL-2021-3-007 EU citizen, family member, residence card
ECJ-2021-3-014 EU law, effectiveness,
ECJ-2021-3-020 EU law, equivalence,
ECJ-2021-3-020 Evidence, evaluation, appeal proceedings
CZE-2021-3-008 Expulsion, foreigner, schizophrenia
ECH-2021-3-026 Expulsion, private life, permanent exclusion order
ECH-2021-3-026 Extraordinary appeal
ARG-2021-3-003 Extraordinary situation, society, threat
BUL-2021-3-002 Family name, change
AUT-2021-3-003 Family reunification, right
ECJ-2021-3-016 Family, reunion
GER-2021-3-025 Federation, free to admit a union
ECH-2021-3-027 Fire brigade
CZE-2021-3-006 Foreign national, family reunification
SUI-2021-3-005 Foreign national, residence permit, temporary, rejection
SUI-2021-3-007 Foreigner, stay, termination, premature
EST-2021-3-004 Freedom of establishment, taxation
SWE-2021-3-011 Freedom of physical movement
GER-2021-3-022 Freedom of religion
BEL-2021-3-007 Freedom of work
PER-2021-3-008 Fundamental rights, conflict between rights
CAN-2021-3-007 Fundamental rights, equivalent right
GER-2021-3-021 Gender, identity
GBR-2021-3-004 General interest, fight against pandemic
GER-2021-3-023 General interest, healthcare system, proper functioning
GER-2021-3-023 General interest, life and limb, protection
GER-2021-3-023 General interest, state, duty of protection, disability
GER-2021-3-026 Genocide, denial, criminal liability
BLR-2021-3-003 German Democratic Republic (GDR), former, children’s home
GER-2021-3-025 Germany, reunification
GER-2021-3-025 Good faith, owner
RUS-2021-3-008 Government, resigned
BUL-2021-3-001 Head of State, defamation
BEL-2021-3-008 Health care, providers
ARG-2021-3-003 Healthcare, hospital, intensive care
GER-2021-3-026 Honour and dignity, protection
BEL-2021-3-008 Housing, deprivation, enforced, ownership, change
UKR-2021-3-008 Hunting, access to private property, prohibition
FRA-2021-3-017 Hunting, disapproval
FRA-2021-3-017 Immunity from dismissal
KOS-2021-3-003 Immunity from seizure of state property
SWE-2021-3-009 Independence, judge
GER-2021-3-021 Independent Oversight Board for Civil Service
KOS-2021-3-003 Infectious disease, protection
GER-2021-3-023 Information, access, costs, reimbursement
CRO-2021-3-012 Information, false, website
ECJ-2021-3-018 Institution, social work, parental rights, role
SRB-2021-3-003 Institutional independence
KOS-2021-3-003 Intensive care, triage
GER-2021-3-026 Interference by appellate courts with findings of trial courts
RSA-2021-3-012 International law
SWE-2021-3-009 Internet, article, de-index, obligation
ECH-2021-3-025 Internet, surveillance
SUI-2021-3-006 Investigation, effective
GBR-2021-3-003 Investigation, independence
GBR-2021-3-003 Investigation, obligation
GBR-2021-3-003 Investigation, time-limit
GBR-2021-3-003 Investment, foreign
BLR-2021-3-002 IT systems
FRA-2021-3-021 Jail, judicial, right to not be held
CRC-2021-3-001 Judge, independence
FRA-2021-3-015, FRA-2021-3-022 Judge, supervision, administrative
GER-2021-3-021 Judge, workload
GER-2021-3-021 Judicial power, independence, guarantees
ECJ-2021-3-017, ECJ-2021-3-015 Judicial review
SWE-2021-3-010 Judiciary, independence
BIH-2021-3-007 Judiciary, independence, guarantees
GER-2021-3-021 Jury, trial
KAZ-2021-3-002 Justice, transformative
GER-2021-3-025 Law, entry into force
KAZ-2021-3-002 Legislator, discretionary power
BLR-2021-3-003 Liability, criminal
BLR-2021-3-003 Life imprisonment
UKR-2021-3-007 Magistrates, delegation decision
ECJ-2021-3-017 Magistrates, disciplinary regime, personal liability
ECJ-2021-3-015 Marital status, discrimination
RSA-2021-3-010 Marriage, restriction
JPN-2021-3-004 Mass litigation, abuse
ECH-2021-3-023 Mass litigation, aim, paralyse court
ECH-2021-3-023 Mass litigation, COVID-19, measures
ECH-2021-3-023 Media, journalist, information, source
CRO-2021-3-015 Media, newspaper articles, prejudicial
CRO-2021-3-015 Medical resources, allocation, shortage
GER-2021-3-026 Mental health
PER-2021-3-006 Misdemeanours proceedings, precautionary measures, legitimate aim
CRO-2021-3-013 Misdemeanours proceedings, precautionary measures, police powers
CRO-2021-3-013 Mother, biological
KOS-2021-3-002 Municipal council, discipline, judicial review
JPN-2021-3-002 Municipality, democratic rights
CAN-2021-3-006 Municipality, election, wards
CAN-2021-3-006 Name, change, foreign national
AUT-2021-3-003 National Council, independence, budgetary
SLO-2021-3-009 National Council, independence, financial
SLO-2021-3-009 National courts, powers
ECJ-2021-3-020 National procedural autonomy
ECJ-2021-3-020 National, third country
ECJ-2021-3-016 Nature, preservation
EST-2021-3-005 New fact, review
RUS-2021-3-009 Non-refoulement, principle
SLO-2021-3-008 Non-stun slaughter
BEL-2021-3-007 Offence, minor, sanction
ECH-2021-3-024 Ombudsman, independence, budgetary
SLO-2021-3-009 Ombudsman, independence, financial
SLO-2021-3-009 Organisations, religious
LTU-2021-3-006 Parental care, school education
GER-2021-3-020 Parental right
GER-2021-3-023 Parliament, member, freedom to exercise office
GER-2021-3-024 Parliament, oversight competence
KOS-2021-3-003 Parole, release, conditions
UKR-2021-3-007 Passport, issuing, discrimination
GBR-2021-3-004 Pay, fair, right to receive
LTU-2021-3-007 Permission, building, without permission
RUS-2021-3-008 Person with mental disability
PER-2021-3-006 Personal data
FRA-2021-3-021 Personal data protection
SUI-2021-3-006 Personal data, collection, processing
SUI-2021-3-006 Personality, free development
GER-2021-3-022 Pharmaceutical products, prohibition
BRA-2021-3-022 Pluralism religious
LTU-2021-3-006 Police forces
FRA-2021-3-021 Policy, social
CZE-2021-3-008 Political expression, freedom
CAN-2021-3-006 Politician, reputation
CRO-2021-3-015 Pollution, noise
PER-2021-3-008 Positive obligation, state, expression
CAN-2021-3-006 Preliminary investigation
FRA-2021-3-021 Prescriptive interpretation
BRA-2021-3-023 Primacy, limits to national procedural autonomy
ECJ-2021-3-020 Principle of non-retrogression
PER-2021-3-007 Prison term, length
CZE-2021-3-007 Prisoner, rehabilitation
CZE-2021-3-007 Private hospitals, merger
RSA-2021-3-012 Private life, right
KOS-2021-3-002 Prohibition of discrimination
SUI-2021-3-007 Property, guarantee
BLR-2021-3-002 Prosecutor, independence
FRA-2021-3-015 Protection of human health and life
GER-2021-3-022 Protection of the existent health system
GER-2021-3-022 Protection, duty, state
GER-2021-3-026 Public authority
FRA-2021-3-016 Public health, protection
BEL-2021-3-009 Public order, safeguarding, freedom of communication, identification of suspect
FRA-2021-3-020 Public person, media information
CRO-2021-3-015 Public procurement
ECJ-2021-3-020 Public property, appropriation, religious use
JPN-2021-3-003 Purpose of the review
FRA-2021-3-016 Race, discrimination
BRA-2021-3-023 Racial discrimination, protection, principle
BRA-2021-3-023 Refoulement, foreign nationals
FRA-2021-3-016 Refugee, status, determination
ECJ-2021-3-016 Rehabilitation, criminal law, minor
GER-2021-3-025 Release, conditional, application
CZE-2021-3-007 Religion, state, separation
JPN-2021-3-003 Removal, duties, temporary
LTU-2021-3-007 Remuneration, rest breaks
CZE-2021-3-006 Reputation, protection, law
BEL-2021-3-008 Requirement, reputation
LTU-2021-3-007 Restriction, knowledge
RUS-2021-3-008 Right to a healthy and balanced environment
PER-2021-3-007 Right to equality
PER-2021-3-005 Right to health, access, equal
GER-2021-3-026 Right to health, impact of merger
RSA-2021-3-012 Right to safe drinking water
PER-2021-3-005 Right to self-representation
LIE-2021-3-003 Right, material, work- related
BIH-2021-3-007 Ritual slaughter
BEL-2021-3-007 Road traffic, contravention
FRA-2021-3-020 Sanction, criminal
CZE-2021-3-007 School, access, equal protection
GER-2021-3-023 School, compulsory schooling
GER-2021-3-023 School, distance learning
GER-2021-3-023 Seats, allocation
JPN-2021-3-001 Secret surveillance, measure
SUI-2021-3-006 Self-government, local, judicial review
JPN-2021-3-002 Service, state
LTU-2021-3-007 Sexual identity, self-determined, recognition
GBR-2021-3-004 Social assistance, individual character
CZE-2021-3-008 Social model of disability
PER-2021-3-006 Social right, direct enforceability
CZE-2021-3-008 Social right, minimum standard
CZE-2021-3-008 Social welfare, arrangements
CZE-2021-3-008 State of public health emergency
FRA-2021-3-018 State, duty, active, child, best interest
GER-2021-3-020 State, mandate, education
GER-2021-3-023 Student, foreign national
SUI-2021-3-007 Subject of review, law, direct challenge
GER-2021-3-023 Supplement, food containing certain vitamins or certain mineral, prohibition on marketing
BRA-2021-3-022 Surname, choice
JPN-2021-3-004 Suspension of powers, parliamentary resolution
BUL-2021-3-001 Tax deduction
SWE-2021-3-011 Tax exemption
SWE-2021-3-010 Tax, taxation, tax treatment, fuel, biofuel
FRA-2021-3-019 Theatre, solo artist
RUS-2021-3-007 Trade Union, free to choose its members
ECH-2021-3-027 Trade union, free to join a federation
ECH-2021-3-027 Trade union, worker, free to join
ECH-2021-3-027 Transport, formalisation
PER-2021-3-007 Treaty, compatibility
SUI-2021-3-006 United Nations Convention on the Rights of Persons with Disabilities
ARG-2021-3-003 University, access, equality
SUI-2021-3-007 Unmarried couples, right to adopt
AUT-2021-3-002 Video-conference, criminal hearings
BUL-2021-3-002 Video-recorded trials
FRA-2021-3-022 Vote, weight, relative
JPN-2021-3-001 Vulnerable persons, persons with disabilities
GER-2021-3-026 Wages, reduction, minimum
RUS-2021-3-007 Whistle-blowing
CRO-2021-3-016 Witness, hearing, in person, remote
POR-2021-3-013 Workers, culture
RUS-2021-3-007 Working hours
BIH-2021-3-007 Works, audiovisual, broadcasting, use, prohibition
UKR-2021-3-009 Works, audiovisual, state-aggressor, production
UKR-2021-3-009