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e-Bulletin on Constitutional Case-Law
2022/2
The electronic Bulletin on Constitutional Case-Law ("e-Bulletin") is produced by the European Commission for Democracy through Law, better known as the Venice Commission. The e-Bulletin regularly reports on the case-law of constitutional courts and courts with equivalent jurisdiction in Europe and beyond, including case-law of the European Court of Human Rights, the Court of Justice of the European Union and the Inter-American Court of Human Rights. The e-Bulletin is sent to liaison officers and to subscribers by e-mail three times a year, each mailing reports on the most important case-law gathered during a four-month period.
The e-Bulletin’s aim is to allow judges and constitutional law specialists to be informed quickly about the most important judgments rendered in the field of constitutional justice. The exchange of information and ideas among courts in different countries with similar or different legal traditions, in the field of judge-made law, is of vital importance. Such an exchange of information and such cooperation, we hope, will not only benefit the newly established constitutional courts, but will also enrich the case-law of longer established courts. The main purpose of the e-Bulletin on Constitutional Case-Law is to foster an exchange of information and ideas and to assist national judges in solving difficult questions of law, which often arise simultaneously in courts of different countries.
If you wish to receive the e-Bulletin, please subscribe at the page https://www.venice.coe.int/files/bulletin/eBulletin-subscription.html.
The Venice Commission is grateful to the liaison officers of constitutional and equivalent courts, who regularly prepare the contributions, reproduced in the Bulletin with links to our database CODICES. As such, the summaries of decisions and opinions in the Bulletin do not constitute an official record of court decisions and should not be considered as offering or purporting to offer an authoritative interpretation of the law.
The Venice Commission would like to thank the International Organisation of the Francophonie for their support in ensuring that contributions from its member, associate and observer states can be translated into French.
T. Van Dijk
Legal Officer, Division III
European Commission for Democracy through Law (“Venice Commission”)
March 2023
ARG-2022-2-002 a) Argentina / b) Supreme Court / c) / d) 28.06.2022 / e) CIV 050016/2016/CS001, CIV 050016/2016/1/RH1 / f) Denegri, Natalia Ruth c. Google Inc. s/ derechos personalísimos: Acciones relacionadas /
In the context of a democratic society, truthful information regarding a public figure and an event of relevant public interest demands its permanence and free access and should not be concealed from individuals living in a democratic State without adequate grounds.
Summary
I. The applicant sued Google Inc. seeking the suppression of certain websites that included information about her... Read more
2.1.1.2
Sources - Categories - Written rules - National rules from other countries.
2.1.1.4.2
Sources - Categories - Written rules - International instruments - Universal Declaration of Human Rights of 1948.
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
3.18
General Principles - General interest.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Right to be forgotten / Internet, search engines / Public figure / Communication process, democratic system / American Declaration of Rights and Duties of Man.
AUT-2022-2-002 a) Austria / b) Constitutional Court / c) / d) 18.06.2022 / e) G 30/2022 / f) /
According to § 6 of the Austrian Private International Law Act, a provision of foreign law shall not be applied if this would lead to a result that is incompatible with the fundamental values of the Austrian legal system; instead, the corresponding provision of Austrian law shall be applied. Therefore, when Czech law – which prohibits the adoption of a child when the adopters are registered... Read more
3.17
General Principles - Weighing of interests.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
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.
Adoption, same-sex partners / Child, adoption / Child, best interests / Discrimination, sexual orientation / Foreign law, ordre public reservation.
AUT-2022-2-003 a) Austria / b) Constitutional Court / c) / d) 23.06.2022 / e) G 37/2022 / f) /
The Mandatory COVID-19 Vaccination Law aims to achieve a high vaccination coverage rate to protect people who cannot benefit from vaccination for medical reasons or for whom the effectiveness of vaccination is reduced. It is also intended to protect the functioning of the health infrastructure through the lower risk of severe courses of disease after vaccination. The Minister of Health shall... Read more
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
COVID-19, pandemic / Vaccination, compulsory / COVID-19, measures, vaccination.
AZE-2022-2-003 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 19.05.2022 / e) / f) Interpretation of Article 35-1 of the Law on "Road Traffic" in connection with Article 33 of that Law, Article 263-1 of the Criminal and Article 332 of the Code of Administrative Offenses /
The right of citizens of the Republic of Azerbaijan and foreign citizens and stateless persons who have received a temporary or permanent residence permit in the Republic of Azerbaijan to drive vehicles in the territory of the Republic of Azerbaijan based on an unexpired driver's license issued by the competent authority of a foreign state is limited by a certain time frame.
1.2.1.7
Constitutional Justice - Types of claim - Claim by a public body - Public Prosecutor or Attorney-General.
2.1.1.1
Sources - Categories - Written rules - National rules.
Driver's license, validity, limitation / Rights, foreigners, stateless, residence.
AZE-2022-2-004 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 01.07.2022 / e) / f) Interpretation of provisions of the Article 312.4 of the Civil Code in a related manner with the Articles 30.1 and 31.1 of the Law on «Mortgage» /
In the context of mortgage rights, the pledger is required to defend the actual worth of the mortgage. If deteriorating conditions endanger the mortgage, the pledgee may offer the pledger a reasonable period of time to remove the threat. Furthermore, if it is clear that the pledger is unable to perform his duties, the pledgee has the right to demand that the property be returned to him.... Read more
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.10
General Principles - Certainty of the law.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Property rights, mortgage, preservation.
BEL-2022-2-003 a) Belgium / b) Constitutional Court / c) / d) 09.06.2022 / e) 76/2022 / f) /
A law abolishing the criminal limitation period for sexual offences against minors does not compromise the right to a fair trial of persons suspected of having committed such offences.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Statutory limitation period for criminal liability / Sexual offence against children, special nature.
BEL-2022-2-004 a) Belgium / b) Constitutional Court / c) / d) 14.07.2022 / e) 97/2022 / f) /
A moratorium on evictions to prevent the most vulnerable people from being left without housing or stable accommodation in the context of the COVID-19 pandemic does not disproportionately infringe on the right to the peaceful enjoyment of possessions of the owner-landlord of a dwelling.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
4.8.8.2.1
Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation - Distribution
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
COVID-19, pandemic / Eviction, residential, prohibition / Order, confirmed / Division of powers / Right to property / Equality of citizens in the payment of public dues, general principle.
BIH-2022-2-003 a) Bosnia and Herzegovina / b) Constitutional Court / c) Chamber / d) 24.03.2022 / e) U-12/21 / f) /
A provision of the Law on Misdemeanours, which prescribes "the deprivation of liberty for non-payment of a fine", is sufficiently clear and precise from the procedural aspect and, when considered as a whole, it satisfies all the necessary guarantees, which ensure that the deprivation of liberty is not arbitrary. In addition, it satisfies the standard of proportionality, as its purpose is not a... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Fine, non-payment, imprisonment.
BIH-2022-2-004 a) Bosnia and Herzegovina / b) Constitutional Court / c) Plenary / d) 26.05.2022 / e) U 16/21 / f) /
Under a provision of the Law on Misdemeanours when a ruling on a misdemeanour has been delivered through the postal services, it is deemed that delivery has been made upon the expiry of five working days from the day the ruling has been mailed. As this may result in the loss of the right of access to court, it is not compatible with the Constitution and the European Convention on Human Rights.
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.
Delivery, presumption / Ruling, delivery.
BRA-2022-2-001 a) Brazil / b) Supreme Court / c) Full Court / d) 12.05.2022 / e) Extraordinary Appeal 1348854-RG (RE 1348854-RG) / f) Civil servant and paid leave to single fathers /
Maternity leave must also be applied to civil servants who are single fathers.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.12
Fundamental Rights - Equality - Criteria of distinction - Civil status.
Equality, non-discrimination / Equality before the law / Equality between men and women / Paternity, judicial recognition / Paternity, leave, right / Paternity, recognition, child’s interest.
BRA-2022-2-002 a) Brazil / b) Supreme Court / c) Full Court / d) 16.05.2022 / e) Claim of Non-compliance with a Fundamental Precept 722 (ADPF 722) / f) The reports produced by intelligence services and their link to the public service /
The agencies of the Brazilian Intelligence Service, although necessary for public security, national security and to guarantee the efficient fulfilment of the State's duties, must operate with strict adherence to the public interest, while observing democratic values and respecting fundamental rights and guarantees.
4.11.3
Institutions - Armed forces, police forces and secret services - Secret services.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.25
Fundamental Rights - Civil and political rights - Right to administrative transparency.
Misuse of power / Public Security Police, conduct, unlawful / Secret investigation / Secret service, data, collection, aggrieved person / Secret service, privacy, infringement, tolerance / Secret service, records / Secret surveillance, measure.
BRA-2022-2-003 a) Brazil / b) Supreme Court / c) Full Court / d) 30.05.2022 / e) Direct Action of Unconstitutionality 4709 (ADI 4709) / f) National Justice Council and transfer of confidentiality of tax and banking data /
It is constitutional to request, without prior judicial authorisation, banking and tax data considered essential by the National Justice Internal Affairs Office to investigate an infraction of a specific subject, if it is in a process regularly initiated by a reasoned decision and based on concrete evidence of the practice of the act.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Confidential information, protection / Confidentiality, duty / Data protection / Data, access, public interest / Data, personal, collecting, processing / Data, public, access / Data, right of oversight / Data, use, purpose limitation, principle.
BRA-2022-2-004 a) Brazil / b) Supreme Court / c) Full Court / d) 04.07.2022 / e) Claim of Non-compliance with a Fundamental Precept 708 (ADPF 708) / f) Climate Fund: operation, allocation of resources and contingency of funds /
The Executive Branch has the duty to fully execute the National Fund on Climate Change and to annually allocate resources to it with the aim of mitigating climate change. The provision of its revenues is prohibited.
4.4.6.1.1
Institutions - Head of State - Status - Liability - Legal liability.
4.6.3
Institutions - Executive bodies - Application of laws.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Environment, climate protection / Environment, precautionary measure / Environment, protection, powers, distribution / Funds, reserve / International agreement / International Community, general interest.
BRA-2022-2-005 a) Brazil / b) Supreme Court / c) Full Court / d) 04.07.2022 / e) Provisional Measure on the Direct Actions of Unconstitutionality 7178 and 7182 (ADI 7178-MC and ADI 7182-MC) / f) Expansion of spending on institutional advertising and the principle of electoral precedence /
The expansion of the limits for spending on institutional advertising on the eve of the elections can significantly affect the conditions of the electoral dispute, making it necessary to postpone the effectiveness of normative changes in this sense, in compliance with the principle of electoral precedence.
1.3.4.5
Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes.
4.9.3
Institutions - Elections and instruments of direct democracy - Electoral system.
4.9.8.3
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Access to media.
COVID-19, pandemic / Election campaign, financing / Election campaign, limitation / Election campaign, media coverage / Election campaign, social media / Election campaign, violation, intensity / Election, advertising / Election, campaign financing.
CAN-2022-2-001 a) Canada / b) Supreme Court / c) / d) 13.05.2022 / e) 39781 / f) R. v. Brown /
Section 33.1 of the Criminal Code, which eliminated the defence of self induced intoxication akin to automatism applied to certain violent offences where the offender departed markedly from the standard of care generally recognised in society, infringes the principles of fundamental justice guaranteed by Section 7 of the Charter of Rights and Freedoms (hereinafter, the "Charter") by allowing a... Read more
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
Intoxication, automatism, defence / Automatism, self-induced intoxication, defence / Criminal offence, intent, absence / Mens rea..
CAN-2022-2-002 a) Canada / b) Supreme Court / c) / d) 27.05.2022 / e) 39544 / f) R. v. Bissonnette /
A sentence of imprisonment for life without a realistic possibility of parole is intrinsically incompatible with human dignity. Such a sentence is degrading insofar as it negates, in advance and irreversibly, the penological objective of rehabilitation. Section 745.51 of the Criminal Code, which authorises the imposition of consecutive parole ineligibility periods in cases involving multiple... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Punishment, cruel and unusual / Sentence, life, without parole / Life imprisonment, parole, rehabilitation / Sentence, parole ineligibility / Constitutional invalidity, effect, retroactive / Declaration of invalidity.
CAN-2022-2-003 a) Canada / b) Supreme Court / c) / d) 30.06.2022 / e) 39133, 39516 / f) R. v. J.J. /
Sections 278.92 to 278.94 of the Criminal Code (hereinafter, the "impugned provisions"), which create a new regime for screening the private records of a complainant in a sexual assault case to determine if they are admissible as evidence at trial by an accused who has possession or control of such records, and which create a new procedure to provide the complainant with participation rights in... Read more
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
Sexual offence, victim, record / Evidence, sexual offence, record / Evidence, admissibility, right of defence.
CAN-2022-2-004 a) Canada / b) Supreme Court / c) / d) 22.07.2022 / e) 39570 / f) R. v. Lafrance /
Detention may exist even in the absence of physical restraint by the state, in situations where a reasonable person in the individual’s shoes would feel obligated to comply and concludes that they are not free to leave. Key to realising the promise of Section 10.b of the Charter of Rights and Freedoms (hereinafter, the "Charter") to detainees of fair treatment is furnishing access to legal... Read more
5.3.13.27
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
Detention, right to a lawyer, right to silence / Police custody, lawyer, access.
ECH-2022-2-005 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 05.04.2022 / e) 28470/12 / f) NIT S.R.L. v. the Republic of Moldova [GC] /
Justified revocation of broadcasting licence of a TV channel after repeated and serious breach of the statutory requirement to ensure political balance and pluralism in news bulletins does not violate the right to freedom of expression.
States should enjoy a wide discretion in their choice of the means to be deployed in order to ensure pluralism in the media; notably, the margin to be accorded... Read more
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
Broadcast, freedom / Broadcasting, restriction / Expression, freedom / Expression, political, freedom / Pluralism, broadcasting / Licence, revocation / Margin of appreciation / Audio-visual, public, television.
ECH-2022-2-006 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 29.04.2022 / e) 28492/15, 49975/15 / f) Khasanov and Rakhmanov v. Russia [GC] /
No real individual risk of ill-treatment in case of extradition of ethnic Uzbeks to Kyrgyzstan: extradition would not constitute a violation: the Court, noting recent reports by UN human-rights bodies and international, regional and national NGOs, concluded that the general situation in Kyrgyzstan did not call for a total ban on extraditions and that ethnic Uzbeks did not currently... Read more
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Extradition, receiving state, human rights situation / Extradition and torture / Extradition, evidence by receiving state / Assessment, individual circumstances.
ECH-2022-2-007 a) Council of Europe / b) European Court of Human Rights / c) Section III / d) 31.05.2022 / e) 23077/19 / f) Arnar Helgi Lárusson v. Iceland /
No discrimination against wheelchair user unable to access two local public buildings, given other considerable measures to improve accessibility: no violation of Article 14.
The case concerned Mr Lárusson’s access to municipal buildings which housed cultural and social institutions in Reykjanesbær as a wheelchair user.
The Court found in particular that Reykjanesbær municipality had taken... Read more
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
Disability, discrimination / Disability, persons, rights.
ECH-2022-2-008 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 09.06.2022 / e) 49270/11 / f) Savickis and Others v. Latvia [GC] /
Very weighty reasons for exclusion of employment periods accrued in other former USSR states in state pension calculation for permanently resident non-citizens, in contrast to Latvian citizens: no violation.
The case concerned the payment of employment pensions in Latvia to "permanently resident noncitizens", which did not take into account periods worked in other Soviet Republics at the time of... Read more
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Pension and employment, cumulation / Pension, age, gender, discrimination, justification, reasonable / Pension, pensionable service, period, determination / Discrimination, place of residence / Social security pension / State, continuity / State succession.
ECH-2022-2-009 a) Council of Europe / b) European Court of Human Rights / c) Section III / d) 14.06.2022 / e) 9988/13, 14338/14, 45973/14
CYP-2022-2-001 a) Cyprus / b) Supreme Court / c) / d) 05.10.2021 / e) 1/21 / f) President of the Republic v. House of Representatives / CYP-2022-2-002 a) Cyprus / b) Supreme Court / c) / d) 02.12.2021 / e) 2/2021 / f) President of the Republic v. House of Representatives /
CZE-2022-2-004 a) Czech Republic / b) Constitutional Court / c) Senate / d) 07.06.2022 / e) II. ÚS 2460/19 / f) Identity Number / CZE-2022-2-005 a) Czech Republic / b) Constitutional Court / c) Senate / d) 15.08.2022 / e) II. ÚS 1626/22 / f) Rights of minors approaching the age of majority in custody cases /
ECJ-2022-2-009 a) European Union / b) Court of Justice of the European Union / c) Fourth Chamber / d) 05.05.2022 / e) C-451/19, C-532/19 / f) Subdelegación del Gobierno en Toledo (Residence of a family member - Insufficient resources) / ECJ-2022-2-010 a) European Union / b) Court of Justice of the European Union / c) Fourth Chamber / d) 19.05.2022 / e) C-569/20 / f) Spetsializirana prokuratura (Trial of a fugitive accused) / ECJ-2022-2-011 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 28.06.2022 / e) C-278/20 / f) Commission v. Spain (Infringement of EU law by the legislature) / ECJ-2022-2-012 a) European Union / b) Court of Justice of the European Union / c) Fourth Chamber / d) 07.07.2022 / e) C-7/21 / f) LKW WALTER / ECJ-2022-2-013 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 01.08.2022 / e) C-19/21 / f) Staatssecretaris van Justitie en Veiligheid (Refusal of support of an unaccompanied Egyptian minor) / ECJ-2022-2-014 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 01.08.2022 / e) C-411-20 / f) Familienkasse Niedersachsen-Bremen / ECJ-2022-2-015 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 01.08.2022 / e) C-720-20 / f) Bundesrepublik Deutschland (Child of refugees, born outside the "Host State") /
FRA-2022-2-005 a) France / b) Constitutional Council / c) / d) 20.05.2022 / e) 2022-993 QPC / f) Mr Lotfi H. (Requisition of electronic data during an expedited police investigation) / FRA-2022-2-006 a) France / b) Constitutional Council / c) / d) 08.07.2022 / e) 2022-1003 QPC / f) Information and Action Group on Reproductive and Sexual Issues (Access to medically assisted procreation) / FRA-2022-2-007 a) France / b) Constitutional Council / c) / d) 22.07.2022 / e) 2022-1004 QPC / f) Union of Diocesan Associations of France and others (Rules on associations exercising religious activities) / FRA-2022-2-008 a) France / b) Constitutional Council / c) / d) 30.07.2022 / e) 2022-840 DC / f) Law putting an end to the exceptional rules introduced to combat the COVID-19 epidemic / FRA-2022-2-009 a) France / b) Constitutional Council / c) / d) 12.08.2022 / e) 2022-843 DC / f) Law on emergency measures to protect purchasing power / FRA-2022-2-010 a) France / b) Constitutional Council / c) / d) 13.08.2022 / e) 2022-841 DC / f) Law introducing various provisions to align French law with European Union law on preventing the dissemination of terrorist content online /
GER-2022-2-008 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 22.03.2022 / e) 2 BvE 2/20 / f) Right to Nominate Candidates for Vice-President of Bundestag / GER-2022-2-009 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 22.03.2022 / e) 2 BvE 9/20 / f) Election of Vice-President of Bundestag / GER-2022-2-010 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 07.04.2022 / e) 1 BvL 3/18, 1 BvR 2824/17, 1 BvR 2257/16, 1 BvR 717/16 / f) Economic Costs of Child-Raising in the Social Security System / GER-2022-2-011 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 27.04.2022 / e) 1 BvR 2649/21 / f) Proof of Vaccination (COVID-19) / GER-2022-2-012 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the First Panel / d) 24.05.2022 / e) 1 BvR 2342/17 / f) Copyright Remuneration (obligation to request a preliminary ruling) / GER-2022-2-013 a) Germany / b) Federal Constitutional Court / c) First Chamber of the Second Panel / d) 03.06.2022 / e) 1 BvR 2103/16 / f) Arbitration Clause / GER-2022-2-014 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 15.06.2022 / e) 2 BvE 4/20, 5/20 / f) The Federal Chancellor’s right to issue political statements / GER-2022-2-015 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 30.06.2022 / e) 2 BvR 737/20 / f) Interest on Nuclear Fuel Tax / GER-2022-2-016 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 14.07.2022 / e) 2 BvR 900/22 / f) Reopening of Criminal Proceedings Following Acquittal (preliminary injunction) / GER-2022-2-017 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 21.07.2022 / e) 1 BvR 469, 472, 471, 470/20 / f) Measles Vaccination (mandatory proof of vaccination in day care settings) / GER-2022-2-018 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 22.07.2021 / e) 2 BvC 10/21 / f) Non-Recognition Complaint 2021 Bundestag Elections – Deutsche Zentrumspartei (no "incidental" review of statutory norms in complaint proceedings regarding non-recognition as a political party) /
HUN-2022-2-001 a) Hungary / b) Constitutional Court / c) Plenary / d) 15.12.2020 / e) 2/2021 (I.7) AB / f) Formulating a constitutional requirement stemming from the fundamental right to the use of languages enshrined in Article XXIX.1 of the Fundamental Law in the application of Section 113.3 of Act CXXX of 2016 on Civil Procedure / HUN-2022-2-002 a) Hungary / b) Constitutional Court / c) Plenary / d) 15.12.2020 / e) 3003/2021 (I.14) AB / f) Rejection of a posteriori norm control petition / HUN-2022-2-003 a) Hungary / b) Constitutional Court / c) Plenary / d) 19.01.2021 / e) 5/2021 (II.9) AB / f) Finding of unconstitutionality by non-conformity with the Fundamental Law of Section 49.1 of an Act amending certain Acts on energy and waste management as adopted by the National Assembly on its sitting day of 15 December 2020 / HUN-2022-2-004 a) Hungary / b) Constitutional Court / c) Plenary / d) 02.02.2021 / e) 6/2021 (II.19) AB / f) Establishment of lack of conformity with the Fundamental Law and annulment of Judgment no. Pfv.IV.21.163/2018/4 of the Curia and Judgment no. 70.P.22-286/2016/13 of the Budapest-Capital Regional Court / HUN-2022-2-005 a) Hungary / b) Constitutional Court / c) Plenary / d) 02.02.2021 / e) 7/2021 (II.19) AB / f) Rejection of constitutional complaint aiming at the establishment of the conflict with the Fundamental Law and the annulment of Judgment no. Pfv.IV.20.636/2016/4. of the Curia / HUN-2022-2-006 a) Hungary / b) Constitutional Court / c) Plenary / d) 02.03.2021 / e) 10/2021 (IV.7) AB / f) Establishment of conflict with the Fundamental Law and on the annulment of Section 298.2.a on the Criminal Procedure Code / HUN-2022-2-007 a) Hungary / b) Constitutional Court / c) Plenary / d) 09.03.2021 / e) 11/2021 (IV.7) AB / f) Establishment of unconstitutionality and on the annulment of Section 101.A.2 of the Act on Civil Registration Procedure / HUN-2022-2-008 a) Hungary / b) Constitutional Court / c) Plenary / d) 22.06.2021 / e) 23/2021 (VII.13) AB / f) Rejecting the constitutional complaint to establish a conflict with the Fundamental Law and annul certain provisions of the Government Decree no. 484/2020. (XI.10.) on the second phase of protective measures applicable during the period of state of danger and on setting a constitutional requirement / HUN-2022-2-009 a) Hungary / b) Constitutional Court / c) Plenary / d) 20.07.2021 / e) 23/2021 (VIII.11) AB / f) Finding a conflict with the Fundamental Law by Sections 47.3.a and 47.3.b, 47.4 and 48.2.e incorporated in Section 1 of the Act adopted on the Parliament’s session of 15 June 2021 on the amendment of the Act LXXVIII of 1993 on certain rules related to the Rent and the Sale of Flats and Premises and the Act CXCVI of 2011 on National Assets, and laying down a constitutional requirement / HUN-2022-2-010 a) Hungary / b) Constitutional Court / c) Panel / d) 05.10.2021 / e) 27/2021 (XI.5) AB / f) Rejecting the constitutional complaint aiming at establishing a conflict with the Fundamental Law and annulling certain provisions of the Government Decree no. 484/2020. (XI.10) on the second phase of protective measures applicable during the period of state of danger / HUN-2022-2-011 a) Hungary / b) Constitutional Court / c) Plenary / d) 30.11.2021 / e) 3537/2021 (XII.22) AB / f) Dismissal of constitutional complaints / HUN-2022-2-012 a) Hungary / b) Constitutional Court / c) Plenary / d) 07.12.2021 / e) 32/2021 (XII.20) AB / f) Interpretation of Article E.2 and XIV.4 of the Fundamental Law / HUN-2022-2-013 a) Hungary / b) Constitutional Court / c) Plenary / d) 01.03.2022 / e) 3110/2022 (III.23) AB / f) Annulment of a judicial decision / HUN-2022-2-014 a) Hungary / b) Constitutional Court / c) Plenary / d) 22.03.2022 / e) 5/2022 (IV.4) AB / f) Annulment of a judicial decision / HUN-2022-2-015 a) Hungary / b) Constitutional Court / c) Panel / d) 02.08.2022 / e) 3065/2022 (II.25) AB / f) Rejection of a constitutional complaint against Section 1 of Government Decree no. 446/2021 (VII.26) on the measures necessary to ensure the safety of air transport during a state of emergency, and the smooth transport of equipment essential for COVID protection and establishing the lack of constitutional compliance, violating Article XVII.3 of the Fundamental Law for exclusion of the right to strike / HUN-2022-2-016 a) Hungary / b) Constitutional Court / c) Plenary / d) 05.04.2022 / e) 6/2022 (IV.26) AB / f) Annulling Section 62.11 of Government Decree 87/2015 (IV.9) on the implementation of certain provisions of Act CCIV of 2011 on National Higher Education / HUN-2022-2-017 a) Hungary / b) Constitutional Court / c) Plenary / d) 17.05.2022 / e) 13/2022 (VI.22) AB / f) Establishing a constitutional requirement related to Section 1.2 point 3 of Act no. CXCI of 2011 on the benefits of persons with reduced working capacity, amending certain Acts and annulling Judgment 104.K.700.268/2021 of the Debrecen Regional Court / HUN-2022-2-018 a) Hungary / b) Constitutional Court / c) Plenary / d) 28.06.2022 / e) 16/2022 (VII.14) AB / f) Annulling Section 71.4 and 71.5 and certain parts of the text in Section 76 as well as Section 75.3.b of the Act CXXXIX of 2018 on the Territorial Planning Plan of Hungary and Certain Priority Regions of Hungary /
IRL-2022-2-001 a) Ireland / b) Supreme Court / c) MacMenamin J., Charleton J., Baker J., Woulfe J., Murray J. / d) 15.06.2022 / e) 17/22 / f) Minister for Justice & Equality v. Farah Damji / IRL-2022-2-002 a) Ireland / b) Supreme Court / c) O'Donnell C.J.; Irvine P.; MacMenamin J.; O'Malley J.; Baker J.; Hogan J.; Murray J. / d) 05.07.2022 / e) 50/21 / f) O’Doherty & Anor v. The Minister for Health & Others / IRL-2022-2-003 a) Ireland / b) Supreme Court / c) O'Donnell C.J.; Charleton J.; O'Malley J.; Hogan J.; Murray J. / d) 29.07.2022 / e) 31/22, 32/22 / f) Dowdall v. Director of Public Prosecutions, The Minister for Justice, Dáil Éireann, Ireland and the Attorney General; Hutch v. Director of Public Prosecutions, The Minister for Justice, Dáil Éireann, Ireland and the Attorney General /
ITA-2022-2-005 a) Italy / b) Constitutional Court / c) / d) 01.02.2022 / e) 28/2022 / f) / ITA-2022-2-006 a) Italy / b) Constitutional Court / c) / d) 10.03.2022 / e) 63/2022 / f) / ITA-2022-2-007 a) Italy / b) Constitutional Court / c) / d) 28.03.2022 / e) 79/2022 / f) /
KOR-2022-2-005 a) Korea / b) Constitutional Court / c) / d) 27.05.2021 / e) 2019Hun-Ka19 / f) Age Limit for Jurors / KOR-2022-2-006 a) Korea / b) Constitutional Court / c) / d) 30.09.2021 / e) 2019Hun- Ma919 / f) Opening and Reading of Inmate Correspondence / KOR-2022-2-007 a) Korea / b) Constitutional Court / c) / d) 25.11.2021 / e) 2019Hun-Ba446, 2020Hun-Ka17, 2021Hun-Ba77 (consolidated) / f) Aggravated Punishment for Repeat Driving While Intoxicated /
LIE-2022-2-002 a) Liechtenstein / b) Constitutional Court / c) / d) 10.05.2022 / e) StGH 2022-003 / f) /
MDA-2022-2-008 a) Moldova / b) Constitutional Court / c) Plenary / d) 26.05.2022 / e) 11 / f) Constitutional review of of Article 24.1 of Law no. 156 of 14 October 1998 on the public pension system / MDA-2022-2-009 a) Moldova / b) Constitutional Court / c) Plenary / d) 16.06.2022 / e) 12 / f) Constitutional review of Article 3.2 of Law no. 1432 of 28 December 2000 on the establishment and reexamination of the minimum wage, Article 27.2 of Law no. 270 of 23 November 2018 on the unitary pay system in the budgetary sector, the Government Decision no. 165 of 9 March 2010 on the minimum guaranteed wage in the real sector and the Government Decision no. 550 of 9 July 2014 on the establishment of the amount of the minimum wage in the country / MDA-2022-2-010 a) Moldova / b) Constitutional Court / c) Plenary / d) 21.07.2022 / e) 14 / f) Constitutional review of the text "without recalculation" from point 14 of Annex no. 5 to the Regulation on the provision and payment of communal and non-municipal housing services for the housing stock, metering of flats and conditions for their disconnection from/reconnection to the heating and water supply systems, approved by Government Decision no. 191 of 19 February 2002 /
POR-2022-2-006 a) Portugal / b) Constitutional Court / c) Third Chamber / d) 12.05.2022 / e) 350/22 / f) / POR-2022-2-007 a) Portugal / b) Constitutional Court / c) First Chamber / d) 05.07.2022 / e) 477/22 / f) / POR-2022-2-008 a) Portugal / b) Constitutional Court / c) Second Chamber / d) 14.07.2022 / e) 489/22 / f) / POR-2022-2-009 a) Portugal / b) Constitutional Court / c) Second Chamber / d) 14.07.2022 / e) 490/22 / f) / POR-2022-2-010 a) Portugal / b) Constitutional Court / c) Third Chamber / d) 14.07.2022 / e) 507/22; 508/22 / f) / POR-2022-2-011 a) Portugal / b) Constitutional Court / c) First Chamber / d) 19.08.2022 / e) 540/22 / f) /
MKD-2022-2-002 a) Republic of North Macedonia / b) Constitutional Court / c) / d) 13.07.2022 / e) 2021, 15/2022 / f) /
ROM-2022-2-001 a) Romania / b) Constitutional Court / c) / d) 16.02.2022 / e) 55/2022 / f) Objection of unconstitutionality of Law approving the Government Emergency Ordinance no. 6/2016 on some measures for the implementation of technical surveillance warrants ordered in criminal proceedings / ROM-2022-2-002 a) Romania / b) Constitutional Court / c) / d) 24.03.2022 / e) 176/2022 / f) Exception of unconstitutionality of the provisions of Article 270.3 of Law no. 86/2006 on the Customs Code / ROM-2022-2-003 a) Romania / b) Constitutional Court / c) / d) 28.04.2022 / e) 230/2022 / f) Exception of unconstitutionality of the provisions of Article 14.a of Law 51/1995 on the organisation and exercise of the profession of lawyer / ROM-2022-2-004 a) Romania / b) Constitutional Court / c) / d) 18.05.2022 / e) 295/2022 / f) Objection of unconstitutionality of Article 2.27 referring to the introduction of Article 10.2.1.c in Government Emergency Ordinance no. 111/2011 on Electronic Communications, of the Law amending and supplementing certain normative acts in the field of electronic communications in order to establish measures to facilitate the development of electronic communications networks / ROM-2022-2-005 a) Romania / b) Constitutional Court / c) / d) 26.05.2022 / e) 358/2022 / f) Decision on the objection of unconstitutionality of Article 2.27, referring to the introduction of Article 155.1 of the Criminal Code /
SRB-2022-2-002 a) Serbia / b) Constitutional Court / c) / d) 27.01.2022 / e) Už-7951/2015 / f) /
RSA-2022-2-005 a) South Africa / b) Constitutional Court / c) / d) 31.05.2022 / e) CCT 308/20 / f) Tuta v. The State / RSA-2022-2-006 a) South Africa / b) Constitutional Court / c) / d) 15.06.2022 / e) CCT 120/21 / f) The Voice of the Unborn Baby NPC v. Minister of Home Affairs / RSA-2022-2-007 a) South Africa / b) Constitutional Court / c) / d) 02.08.2022 / e) CCT 315/21, CCT321/21, CCT 06/22 / f) Relebohile Cecilia Rafoneke v. Minister of Justice and Correctional Services / RSA-2022-2-008 a) South Africa / b) Constitutional Court / c) / d) 28.09.2022 / e) CCT 24/21 / f) Women's Legal Centre Trust v. President of the Republic of South Africa and Others /
SUI-2022-2-003 a) Switzerland / b) Federal Court / c) First Chamber droit public / d) 24.03.2021 / e) 1B_52/2021 24.03.2021 / f) A. v. Office for the execution of sentences and for reintegration, Canton of Zurich / SUI-2022-2-004 a) Switzerland / b) Federal Court / c) Second Court of Public Law / d) 09.06.2021 / e) 2C_451/2020 / f) A. v. Supervisory Commission for Health Professions and Patients’ Rights of the Canton of Geneva / SUI-2022-2-005 a) Switzerland / b) Federal Court / c) Second Court of Public Law / d) 08.07.2021 / e) 2C_793/2020 / f) A. v. State Council of the Canton of Fribourg /
UKR-2022-2-003 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 15.06.2022 / e) 4-r (II) /2022 / f) Compliance of Article 485 of the Customs Code with the Constitution (regarding the individualisation of legal liability) / UKR-2022-2-004 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 22.06.2022 / e) 5-r (II) /2022 / f) conformity of Article 40.2.2 of the Housing Code with the Constitution (the case on the discrimination in the implementation of the right to housing) / UKR-2022-2-005 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 22.06.2022 / e) 6-r (II) /2022 / f) Conformity of the requirement of the first sentence of Article 1050.1 of the Civil Code / UKR-2022-2-006 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 30.06.2022 / e) 1-r /2022 / f) Conformity of Articles 96¹ and 96² of the Criminal Code to the Constitution (the case on special confiscation) /
Ed. 1.3.23 15:32:42
Application of Foreign Agents Act to non-governmental organisations and their directors neither prescribed by law nor necessary in a democratic society: violation of Article 11 ECHR.
3.12
General Principles - Clarity and precision of legal provisions.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
Association, financing, foreign / Association, freedom / Association, registration / Non-governmental organisation / Political activity, right to participate / Foreign agent / Law, lack of clarity, vagueness / Sanction, punitive.
Questions had arisen over legislation providing for the suspension of eviction proceedings during the Covid 19 pandemic and whether this impinged on the right of access to court and the separation of powers.
3.4
General Principles - Separation of powers.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
COVID-19, pandemic / Eviction proceedings, suspension.
Restrictions introduced by regulations on the qualifications for exercising the profession of a photographer were out of line with the proportion of proportionality.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Photographer, profession, requirements.
The constitutional order does not guarantee the right to a form of birth number reflecting the gender with which the bearer of the birth number identifies internally.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Identity, right / Constitutional complaint / Sex, change, confidentiality.
Arrangements regarding the custody of minors approaching the age of majority which go against the duly established views of the minor (in a situation where there are no specific circumstances reasonably justifying a departure from his or her position) constitute an interference with the private and family life of the child within the meaning of Article 10.2 of the Charter of Fundamental Rights... Read more
3.22
General Principles - Prohibition of arbitrariness.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.13.7
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
5.3.13.18
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.
Child, best interests, parental care / Guardian, local authority / Parental care, school, education / Minor, right to be heard.
A relationship of dependency capable of justifying the grant of a derived right of residence to the parent, who is a non-EU national, of a minor, who is a Union citizen, is presumed where that parent lives on a stable basis with the other parent, who is a Union citizen, of that minor.
That relationship of dependency exists where a minor, who is a Union citizen, is forced to leave the territory... Read more
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
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.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Foreigner, family, reunification / Foreigner, family, residence, refusal / EU, citizen, family, residence, permit / Child, best interest, family ties / Child, custody and care, decision, courts of habitual residence / Child, family tie / Child, family, stability / Child, interest of / Child, parental rights / Family life, minor, establishment by marriage, residence.
An accused person who cannot be located may be tried or convicted in absentia but has the right, subsequently, to secure the reopening of the proceedings on the merits of the case in his or her presence.
However, that person may be denied that right if he or she deliberately evaded the judicial proceedings by preventing the authorities from informing him or her of the trial.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.13.7
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
Trial in absentia, right to new trial / Abscondment, accused, untraceable.
Liability of the State for damage caused to individuals by breaches of EU law: Spain has failed to fulfil its obligations under the principle of effectiveness.
The Court considers, on the other hand, that the system of liability of the legislating State in the event of a breach of EU law does not infringe the principle of equivalence.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
EU, law, national implementation / EU, law, effectiveness / EU, law, equivalence / Liability for acts of the legislature.
Union law precludes rules under which the starting point of the one-week period during which the recipient can refuse to accept a document to be served or notified coincides with the time limit to appeal against that act in that Member State.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Judicial cooperation in civil matters / Notification, required, reasonable time / Service of documents, bailiff, third parties, access to courts, time-limit / Appeal, deadline.
International protection: unaccompanied minors have a right of appeal against the refusal of care by a Member State where a relative resides.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
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 / Protection, legal, effective / Minor, foreign, unaccompanied / Dublin Regulation / Refugee, status, determination / International protection, application, rejection.
A Union citizen, who has established his habitual residence in a Member State for the first few months of his stay and who does not receive income from an activity in that Member State during this time, benefits, in principle, from equal treatment with nationals, insofar as his or her stay is legal.
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Social assistance, equal treatment, EU citizen / EU, citizen, status / EU, national of other Member State, right / EU, law, national implementation / Equality, EU citizen / Equal benefit of the law / Family benefit, conditions, residence / Residence, habitual.
An application for international protection lodged by a minor cannot be rejected as inadmissible on the ground that his parents have already been granted such protection in another Member State.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Dublin Regulation / National, third country / Refugee, status, determination / Minor child, international protection, application, rejection / Parent, foreigner / Third-country nationals / Minor, protection / Family member, interpretation / Best interests of the child, parental care / International protection, beneficiary.
In examining certain provisions of Articles 60.1 and 60.2 of the Code of Criminal Procedure on the requisition of connection data during an expedited police investigation, the Constitutional Council was called on to rule on the allegation that these provisions enabled the prosecutor or the senior police officer in such investigations to require that such connection data was communicated to them... 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
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.
Expedited police investigation / Requisition of electronic data / Connection data / Personal data / Police forces / Access.
The Constitutional Council held that the legislation granting access to medically assisted procreation to couples made up of a man and a woman or of two women, or to unmarried women is constitutional.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.2.2.12
Fundamental Rights - Equality - Criteria of distinction - Civil status.
Medically assisted procreation.
The Constitutional Council held, subject to two interpretative reservations, that several legislative provisions relating to the rules on associations exercising religious activities, providing in particular that to be entitled to certain advantages, religious associations must declare their religious status to the representative of the state in the département, or that they must meet... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
3.16
General Principles - Proportionality.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Principle of secularism / Public order, protection / Religious associations, foreign funding / Religious associations, declaration, obligation.
The Constitutional Council held the provisions of the law putting an end to the exceptional rules introduced to combat the COVID-19 epidemic to be constitutional.
3.12
General Principles - Clarity and precision of legal provisions.
4.18
Institutions - State of emergency and emergency powers.
5.2
Fundamental Rights - Equality.
COVID-19, pandemic, epidemic / Law, accessibility, intelligibility.
Through interpretative reservations based on the Environmental Charter, the Constitutional Council placed unprecedented limits on the implementation of provisions concerning the deployment of a floating methane terminal and certain electricity generating facilities using fossil fuels set out in the Law on emergency measures to protect purchasing power.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Protection of the environment / Protection of the Nation’s fundamental interests / Energy supply / Security.
The Constitutional Council held that certain provisions of the Law introducing various provisions to align French law with European Union law on preventing the dissemination of terrorist content online, which, in particular, gave the administrative authorities the power to order hosting service providers to remove on-line terrorist content, stipulated that failure to comply with the obligation to... Read more
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
3.16
General Principles - Proportionality.
3.19
General Principles - Margin of appreciation.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
Right of free communication / Internet, social networks, violence, terrorist content / Public order, disturbance.
1. The scope of protection of the second sentence of Article 38.1 of the Basic Law covers all the elements involved in the parliamentary decision-making process.
2. The participation rights of members of the German Bundestag may only be restricted if the restriction serves to protect constitutional interests of equal value and adheres to the principle of proportionality.
3. The proper... Read more
3.3.1
General Principles - Democracy - Representative democracy.
4.5.4.1
Institutions - Legislative bodies - Organisation - Rules of procedure.
4.5.4.5
Institutions - Legislative bodies - Organisation - Parliamentary groups.
Parliament, member, equality / Parliament, autonomy / Parliament, member, mandate, free / Rules of procedure, parliament, interpretation.
1. Pursuant to the second sentence of Article 38.1 of the Basic Law, parliamentary groups have the legal right to equal participation in the parliamentary decision-making process, including access to the Presidium of the German Bundestag. However, the scope of this right of participation is limited by virtue of the election process provided for in the first sentence of Article 40.1 of the... Read more
3.3.1
General Principles - Democracy - Representative democracy.
4.5.4.1
Institutions - Legislative bodies - Organisation - Rules of procedure.
4.5.4.5
Institutions - Legislative bodies - Organisation - Parliamentary groups.
Parliament, member, equality / Parliament, autonomy / Parliament, member, mandate, free / Rules of procedure, parliament, interpretation.
1. When imposing liability for public social insurance schemes, the legislator must observe the principle of equal burdening, which derives from the general guarantee of the right to equality in Article 3.1 of the Basic Law and applies to all state-mandated charges and contributions. Where the design of a social security contribution scheme has a disadvantaging effect for certain types of... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Care, long-term, insurance, public, contribution / Child, raising / Equality, disadvantage, families / Equality, different treatment, requirement / Equality, disadvantage, compensation / Equality, legislator, discretion / Equality, same treatment, prohibition / Family, burden, economic / Family, fundamental right, protection / Family, welfare / Health, insurance, public, contribution / Insurance, public, non-contributory, family / Pension, insurance, public, contribution / Social insurance, contribution, cost, liability / Social insurance, financing / Social insurance, mandatory / Social security, pay-as-you-go system.
1. State measures that have an indirect or de facto impact may be functionally equivalent, in terms of their objective and effects, to a direct interference with fundamental rights. Such measures must then be treated in the same way as a direct interference. As a defensive right against state interference, the first sentence of Article 2.2 of the Basic Law in principle also protects the... 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.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.1.5
Fundamental Rights - General questions - Emergency situations.
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.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / COVID-19, vaccination, infectious disease, obligation, policy / General interest, healthcare system, proper functioning / General interest, life and health, protection / COVID-19, pandemic, legislative response / Vaccination, compulsory / Vulnerable groups.
1. According to the case-law of the Court of Justice of the European Union, a national court of last instance is required, where a question of EU law is raised in proceedings before it, to comply with its obligation to bring the matter before the Court of Justice, unless the national court has established that the question raised is irrelevant, that the provision of EU law in question has already... Read more
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
5.3.13.3.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - “Natural judge”/Tribunal established by law.
Copyright / Court of Justice of the European Union, preliminary ruling, duty of referral / Reason, statement.
1. In examining whether an arbitration agreement is valid under § 19 of the Act against Restraints of Competition, the right of access to justice guaranteed in Article 2.1 in conjunction with Article 20.3 of the Basic Law and the guarantees of Article 6 ECHR must be taken into account.
1a. The general right of access to justice requires, among other things, that arbitration procedures guarantee... Read more
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
3.9
General Principles - Rule of law.
4.7.14
Institutions - Judicial bodies - Arbitration.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.3.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - “Natural judge”/Tribunal established by law.
5.3.13.9
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public hearings.
Sport, disciplinary suspension / Sport, tribunal, arbitration.
1. In principle, the standards to delineate acting in an official capacity from participating in political competition in a way that is not related to the office apply to the Federal Chancellor in the same way as they apply to other members of the Federal Government.
2. From the order of competences within the Federal Government it follows that the Federal Chancellor’s right to issue political... Read more
4.6.10.2
Institutions - Executive bodies - Liability - Political responsibility.
Federal Chancellor, statement, political / Government, member, neutrality / Government, member, statement, political / Competition, political, equal opportunities / Political party, equal participation, right.
1. Liability for unlawful state conduct follows from the particular fundamental rights that are affected. In principle, fundamental rights guarantee appropriate secondary claims when a violation has occurred.
2. It is for the legislator to determine the manner and scope of secondary claims that are rooted in fundamental rights and to give specific shape to such claims. In exercising this... Read more
3.19
General Principles - Margin of appreciation.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Equality, fiscal / Tax law, legislator’s authority to categorise / Tax, burden, equality / Tax, reimbursement, interest rate / Tax, unequal treatment / Taxation, legislative discretion / Fundamental right, violation, secondary claim.
Preliminary injunction issued based on a weighing of consequences, suspending warrant for arrest and remand detention following reopening of criminal proceedings after past acquittal.
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
1.4.2
Constitutional Justice - Procedure - Summary procedure.
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
3.9
General Principles - Rule of law.
3.17
General Principles - Weighing of interests.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.5.1.4
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release.
5.3.14
Fundamental Rights - Civil and political rights -
Criminal procedure, acquittal / Criminal procedure, evidence, new / Criminal procedure, ne bis in idem, legislative reform / Criminal procedure, remand detention, absconding, risk / Criminal procedure, reopening / Double jeopardy / Murder, trial, reopening / Preliminary injunction, weighing of consequences.
1. The fundamental right of parents (first sentence of Article 6.2 of the Basic Law) guarantees parents freedom from the state in that any state interferences with the right of parents to raise their children requires constitutional justification. Nevertheless, the best interest of the child remains the decisive factor guiding the exercise of parental care and child-raising.
2. Where children... Read more
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
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.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.4.1
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Child, best interest, health / Child, raising / Childcare, communal day care, access / Families, burden, economic / Families, fundamental right, protection / General interest, vulnerable persons, protection / Infectious disease, control / Measles, vaccination / Parents, parental care, health matters / Self-determination, health / State, positive obligations, duty of protection / Vaccination, combination vaccines / Vaccination, communal day care / Vaccination, mandatory / Vaccination, proof / Vulnerable persons, infection, risk.
1. When dealing with complaint proceedings regarding non-recognition as a political party, the Federal Constitutional Court does not ordinarily review the constitutionality of the statutory provisions upon which the Federal Electoral Committee based its decision not to recognise an association as a political party for Bundestag elections.
2. Affected associations are free to assert the... Read more
1.3.1
Constitutional Justice - Jurisdiction - Scope of review.
1.3.4.5
Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes.
4.5.10
Institutions - Legislative bodies - Political parties.
4.9.7.2
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Parliament, election / Election, scrutiny / Political party, annual financial report, obligation to publish / Political party, freedom of activity.
It is a constitutional requirement, arising from the fundamental right to use one’s own language in civil proceedings, that parties who must appear in person before the court and who are members of a nationality recognised in the Act on the Rights of Nationalities in Hungary shall be entitled under the same conditions to use the nationality language orally.
4.3.4
Institutions - Languages - Minority language(s).
5.2.2.10
Fundamental Rights - Equality - Criteria of distinction - Language.
5.3.13.21
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Languages.
Minority, language, use in court, right.
When the definition of close relatives was adopted, registered partners were not specifically named and indicated. The rules of registered partnerships are regulated by a separate Act, in which the legislator expressly stated that, except in cases specified in this Act, the provisions applicable to spouses would also apply to registered partners.
3.10
General Principles - Certainty of the law.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
Partnership, homosexual / Partnership, same-sex, registered / Treatment, discriminatory.
The state regulation of waste, which deprives waste owners of their property by causing monetary disadvantage but does not impose an obligation of compensation to ensure proportionality, is unconstitutional.
5.3.39.1
Fundamental Rights - Civil and political rights - Right to property - Expropriation.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Waste, state regulation, owners, compensation.
Where the constitutionality of an offensive non-verbal expression of opinion is being considered, other factors to consider include the content of the opinion of the specific conduct, its contribution to the discussion of a public matter, and whether the communication is intended to offend the dignity of a religious community.
3.17
General Principles - Weighing of interests.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Religion, community, offensive expression.
Expressions of opinion that self-servingly insult or otherwise seriously offend religious symbols and objects of religious veneration may be restricted in order to protect the dignity of the religious community or its members.
In the context of a discussion of public affairs, which may be critical, it is not inherently unlawful to use imagery of religious content in a manner reasonably... Read more
3.17
General Principles - Weighing of interests.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Religion, community, offensive expression.
At the stage of the criminal proceedings under examination (up to the delivery of the decision of the court of first instance), shall the time spent in arrest exceed a certain absolute limit (reasonable time), it becomes unconstitutional, regardless of the circumstances.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Criminal procedure, Code / Arrest, preventive, duration / Liberty, deprivation / Personal liberty.
The application of new regulations that makes the situation of legal entities more difficult in pending cases violates the prohibition of retroactive legislation, therefore the Constitutional Court annulled the contested provision of the Act I of 2010 on Civil Registration Procedure.
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
3.9
General Principles - Rule of law.
Regulation, retroactive affect / Retroactive laws / Retroactive legislation / Self-determination, sexual, right.
The lawmaker may suspend the exercise of the right of assembly, even in period of a state of danger, only for the time and within the scope strictly necessary. It should examine at reasonable intervals whether the circumstances that gave rise to the restriction still justify the suspension of the fundamental right or whether the restriction of the scope of the fundamental right still passes the... Read more
1.2.2.2
Constitutional Justice - Types of claim - Claim by a private body or individual - Non-profit-making corporate body.
4.18
Institutions - State of emergency and emergency powers.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Assembly, freedom / Emergency, state, rule of law.
If the lawmaker intends to allow the possibility of alienation of municipality-owned flats belonging to the national assets on the basis of a purchase option, the Act must comply with the requirement of proportionality of value, which is a consideration proportional to the value of the national asset.
The agency exercising the regulatory right to protect national heritage buildings should not... Read more
1.2.1.1
Constitutional Justice - Types of claim - Claim by a public body - Head of State.
3.18
General Principles - General interest.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.20
Fundamental Rights - Economic, social and cultural rights - Right to culture.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Environment, protection, cultural heritage / Environment, protection, property, right, restriction / Privatisation / Municipality, property right / Asset, public.
Those who have an immunity certificate, either because they have been vaccinated or because they have been infected, do not form a homogeneous group with those who do not have the said certificate. It does not constitute inadmissible discrimination if the legislation lays down different provisions for different groups of persons.
Deciding not to vaccinate remained a realistic option. The... Read more
1.2.2.2
Constitutional Justice - Types of claim - Claim by a private body or individual - Non-profit-making corporate body.
4.18
Institutions - State of emergency and emergency powers.
COVID-19 / COVID-19, epidemic, pandemic / COVID-19, pandemic, measures / COVID, public health / COVID-19, pandemic, rights / COVID-19, special legal order / Health care, public service / Health care, right / Health, public health, public interest / Health, public health, institution.
The obligation to take up vaccination against COVID-19 constitutes a proportionate restriction of the right to health self-determination. The creation of a sanction under the contested legislation did not result in disproportionate interference with the right to self-determination in the sphere of health.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / COVID-19, public health / COVID-19, pandemic, rights / COVID-19, special legal order / Health care, public service / Health, public health, public interest.
Where the exercise of joint competence with the European Union is incomplete, Hungary is entitled, in accordance with the presumption of sovereignty retained, to exercise the non-exclusive field of competence of the EU, until the institutions of the Union take the measures necessary to ensure the effective enforcement of the joint exercising of competences.
The protection of the inalienable... Read more
1.3.4.14
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states.
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.
2.2.1.6.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions.
3.1
General Principles - Sovereignty.
3.4
General Principles - Separation of powers.
3.8
General Principles - Territorial principles.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
Asylum, application / European Union act, ultra vires / European Union, border, check, asylum / European Union, Court of Justice / European Union, fundamental rights standard / European Union, law, violation, Member State / European Union, law, primacy, limits, constitutional / EU law, implementation, constitutional obligation / Obligation, positive, protection, fundamental rights / Sovereignty, transfer, limit.
The protection of personal data is a "fundamental right of a protective nature", which requires effective legal protection by public authorities. The Data Protection Authority is entitled to order the erasure of unlawfully processed personal data ex officio, even in the absence of a request to that effect.
1.6.7
Constitutional Justice - Effects - Influence on State organs.
4.13
Institutions - Independent administrative authorities.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Data protection directive / Data, personal, deletion, right.
An interpretation of the law which excludes the liability of a body, in this case the Hungarian State, who is obliged by law, both as a public actor and as an owner, to observe and enforce the rules on environmental protection, where polluting conduct has occurred, runs counter to the core of the right to a healthy environment.
4.10.8
Institutions - Public finances - Public assets.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Environment, protection, liability, exclusion / State property, management.
During a state of emergency, the right to strike of workers who provide an essential service to the public, such as air traffic controllers, may be restricted and excluded.
4.18
Institutions - State of emergency and emergency powers.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.4.10
Fundamental Rights - Economic, social and cultural rights - Right to strike.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Strike, continuity of services / Strike, ban / Pandemic, legislative response.
Rules implementing an Act are not technical if they exclude the application of a provision of the Act. An inferior law which does not meet the legislative requirement of a fundamental right restriction is unconstitutional.
3.5
General Principles - Social State.
4.5.2.3
Institutions - Legislative bodies - Powers - Delegation to another legislative body.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
Disabled person, language examination, exemption.
In determining the average income for the purposes of determining a disability pension, no distinction can be made between persons receiving certain financial health insurance benefits in terms of the income taken into account before the benefits were paid.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
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.
Disabled person, benefit, right.
The exception rules to the main rules enforcing the fundamental right to a healthy environment under Article XXI.1 of the Fundamental Law (and as part of this the prohibition of derogation) and guaranteeing the enforcement of the State’s obligation to protect institutions under Article P.1 of the Fundamental Law may only be regulated at the level of Act of Parliament, they cannot be... Read more
2.2.2.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution.
4.5.2.3
Institutions - Legislative bodies - Powers - Delegation to another legislative body.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Derogation, measures, fundamental rights, competence to prescribe / Environment, conservation / Environment, lake, protection.
A psychological vulnerable person failed to establish a real risk that her constitutional or Article 3 ECHR rights would be infringed if extradited to the United Kingdom.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
European Arrest Warrant, appeal / Extradition, person, vulnerable / Health, mental / Administration of justice, due process, right / Prison, care, psychiatric, treatment, appropriate.
Appeal regarding the constitutionality of COVID-19 legislation dismissed in the absence of any plausible evidence that there was a disproportionate interference with constitutional rights.
3.4
General Principles - Separation of powers.
3.16
General Principles - Proportionality.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
COVID-19, pandemic / Public health emergency, legislative response.
Special Criminal Court remains lawfully in operation as the 1972 Proclamation made by the Government, which established the current version of the Special Criminal Court, which was brought in during the troubles in Northern Ireland, remains in force.
3.4
General Principles - Separation of powers.
4.1.2
Institutions - Constituent assembly or equivalent body - Limitations on powers.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Criminal proceeding, right to trial by jury / Trial, criminal, due process of law, constitutional rights / Special court, legality, necessity / Amicus curiae, leave to intervene.
The severity of the penalty imposed by the legislator must not be manifestly disproportionate to the objective and subjective seriousness of the offence. This happens, in particular, when the legislator sets too high a limit for the minimum penalty, thus obliging judges to impose punishment that may, in some cases, be manifestly excessive in relation to the seriousness of the offence.
The same... Read more
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
2.3.9
Sources - Techniques of review - Teleological interpretation.
3.16
General Principles - Proportionality.
3.19
General Principles - Margin of appreciation.
3.20
General Principles - Reasonableness.
3.21
General Principles - Equality.
5.2
Fundamental Rights - Equality.
5.3.5.1.2
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
Fines replacing short custodial sentences / Penalty, severity.
The provision of a minimum custodial sentence of five years and a maximum of fifteen years for an offence that is ordinarily punishable with a term of imprisonment from one to five years, solely by reason of the use of forged, altered or even only unlawfully obtained documents, amounts to an intra-systemic anomaly, compared to the sentencing range laid down by both the Criminal Code and the... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
2.3.6
Sources - Techniques of review - Historical interpretation.
2.3.8
Sources - Techniques of review - Systematic interpretation.
3.16
General Principles - Proportionality.
3.19
General Principles - Margin of appreciation.
3.20
General Principles - Reasonableness.
3.21
General Principles - Equality.
5.2
Fundamental Rights - Equality.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Immigration, illegal, facilitation / International migrant smuggling / Immigration, offence, people smuggling.
In the light of evolving social awareness, the driving force of the principle of equality has impinged on the very concept of the status of son or daughter. This status implies in itself membership of a family community according to a logic based on the responsibilities arising from the parent-child relationship and the need to pursue the best interests of the child.
If it is true that status is... Read more
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4
Sources - Categories - Written rules - International instruments.
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.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
2.3.6
Sources - Techniques of review - Historical interpretation.
2.3.8
Sources - Techniques of review - Systematic interpretation.
3.20
General Principles - Reasonableness.
3.21
General Principles - Equality.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.2
Fundamental Rights - Equality.
5.2.2.12
Fundamental Rights - Equality - Criteria of distinction - Civil status.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Adoption in special cases / Family relations / Legal recognition of ties of kinship / Best interests of the child.
A provision of the Participatory Trial Act which limits eligibility to perform jury service to citizens who are at least twenty years of age presupposes that the person concerned has the capacity to perform their roles and responsibilities as a juror by having reached the minimum age. This provision was developed through consideration of the objective of the participatory trial system, the powers... Read more
3.22
General Principles - Prohibition of arbitrariness.
4.7.2
Institutions - Judicial bodies - Procedure.
4.7.8.2
Institutions - Judicial bodies - Ordinary courts - Criminal courts.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.3.13.10
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial by jury.
Participatory trial / Judicial system, democratic legitimacy / Judicial system, confidence / Juror, minimum age limit / Majority, age, civil law.
Acts of opening envelopes containing correspondence addressed to an inmate were performed with a view to preventing contraband from entering a correctional institution through the mail. This did not infringe the inmate’s freedom of communications.
Acts of reading documents which were sent to the inmate by courts or public authorities relating to his or legal status and treatment did not infringe... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.36.1
Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence.
Communication, freedom, inmate / Inmate, treatment / Correctional institution, safety / Censorship, inmate correspondence / Delivery, official documentation.
Questions arose over the constitutionality of a provision aimed at imposing heavier punishment on repeat offenders who violate the prohibition on driving while intoxicated. It failed to stipulate a time limit between earlier violations of drink driving and the act of recidivism subject to punishment. It also failed to take account of non-penal approaches such as alcohol treatment programmes and... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.14
General Principles -
3.16
General Principles - Proportionality.
3.21
General Principles - Equality.
Drunk driving, repeat / Punishment, aggravated / Public sentiment, law / Road traffic, safety.
The 2G rule, introduced as part of Covid measures by the Government, lacks a sufficient legal basis on account of a strong interference in the freedom of movement of non-vaccinated persons, the legal-political explosiveness of the issue and the available time frame for Parliament to introduce such a measure.
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
4.6.3.1
Institutions - Executive bodies - Application of laws - Autonomous rule-making powers.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
COVID-19, pandemic, measures / COVID-19, measures, vaccination, pressure / COVID-19, non-vaccinated persons.
Article 24.1 of Law no. 156 of 14 October 1998 on the public pension system which deprives successors of special pension holders of the right to a survivor's pension while successors of old-age or disability pension holders are not deprived of that right is not compatible with the right to equality as enshrined in Article 16 of the Constitution.
Differential treatment amounts to a violation of... Read more
3.5
General Principles - Social State.
3.21
General Principles - Equality.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.3.33.2
Fundamental Rights - Civil and political rights - Right to family life - Succession.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
5.4.18
Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.
Pension / Survivor's, right / Difference in treatment.
Government Decision no. 550 of 9 July 2014 on the establishment of the amount of the minimum wage in the country, which establishes a minimum wage which does not ensure the basic needs of employees and their family infringes Articles 1.3, 43.1-2 and 47.1 of the Constitution.
Article 1.3 of the Constitution including the principle human dignity must be considered when determining a national... Read more
3.5
General Principles - Social State.
4.6.2
Institutions - Executive bodies - Powers.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.4.5
Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
5.4.18
Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.
Wage / Subsistence / Minimum level.
Point 14 of Annex no. 5 to the Regulation approved by Government Decision no. 191 of 19 February 2002, which includes an absolute prohibition of the recalculation of the amount to be paid for water supply services, is contrary to Articles 46 enshrining the right to property and its protection and 54 of the Constitution including provisions on the restriction on the exercise of certain rights or... Read more
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
Water, supply / Payment / Recalculation / Public service.
The order to close commercial establishments at 20h00 in the Metropolitan Area of Lisbon during the situation of public disaster in the context of the COVID-19 pandemic, is considered unconstitutional on organic grounds as it was introduced by Resolution of the Council of Ministers without having been approved by the Parliament or by the Government under the authorisation of the Parliament.
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
4.5.2
Institutions - Legislative bodies - Powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic / Competence, legislative / Civil and political rights / Mandatory, confinement.
The provision of the governmental Decree that aggravates the maximum and the minimum limits of the penalty of the crime of disobedience provided in Article 348.1.b of the Penal Code, is unconstitutional, because the Government lacked the competence to establish the aggravation of a criminal penalty, in accordance with Article 165.1.c of the Constitution. A different interpretation recognising... Read more
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.3.4.2
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities.
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic / Mandatory, confinement.
The provision establishing prophylactic isolation, by order of the public health authority, to students of an educational institution and their respective households, when a positive case of the COVID-19 disease has been detected in such institution, was unconstitutional on formal and substantial grounds because it infringed Article 27.2 and 27.3 as well as Article 165.1.b of the Constitution.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.3.4.2
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities.
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic / Mandatory, confinement.
The provision contained in Article 3.1.b) of the Regimes Attached to the Resolutions of the Council of Ministers nos. 135-A/2021 of 29 September and 114-A/2021 of 20 August 2021, under which citizens for whom the health authority or other health professionals have decided that they must stay in mandatory confinement under active surveillance, in a health establishment, at home or, if this is not... Read more
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.3.4.2
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities.
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic / Mandatory, confinement.
The legal provisions that regulate the publicity of the so-called "assisted adult" (maior acompanhado) procedures are not unconstitutional. Even if these provisions restrict the right to informational self-determination of the person subject to the procedure, that restriction pursues a legitimate goal, is adequate to achieve it, is necessary and respects... Read more
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Disabled person, rights.
When construed to mean that the arrested person who gave his consent to the surrender may not appeal the decision that homologated his consent to be surrendered to the issuing authority of the arrest warrant and – following the confirmation of the provided guarantee – ordered the execution of his surrender, Article 24.1 of Law 65/2003 is unconstitutional for breach of the guarantee established in... Read more
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Warrant / Detention.
The legal provision that allows highway construction workers to work an average of 60 hours per week is unconstitutional.
3.9
General Principles - Rule of law.
3.12
General Principles - Clarity and precision of legal provisions.
5.2
Fundamental Rights - Equality.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Working hours / Rest, right.
The legislator’s margin of appreciation in assigning the status of special criminal investigation body to a person or entity is not absolute.
It is essential to criminal proceedings that the bodies empowered to carry out the implementation of special methods of technical surveillance are clearly defined judicial bodies.
The assignment of the status of special criminal investigation body to... Read more
2.3.8
Sources - Techniques of review - Systematic interpretation.
3.18
General Principles - General interest.
4.7.1.1
Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction.
4.7.2
Institutions - Judicial bodies - Procedure.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
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
Fundamental Rights - Civil and political rights - Right to private life.
5.3.36
Fundamental Rights - Civil and political rights - Inviolability of communications.
National security, intelligence services, technical surveillance warrants.
Article 270.3 of Law no. 86/2006 on the Customs Code infringes the principle of the rule of law as enshrined in Article 1.3 of the Constitution by not regulating a value or time threshold for acts treated as smuggling and by failing to comply with the principle of ultima ratio.
The absence of a value threshold in Article 270.3 Law no. 86/2006 on the Customs Code makes it difficult for... Read more
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
3.12
General Principles - Clarity and precision of legal provisions.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
4.7.1.1
Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction.
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.
Revival of case-law, derivative offence, principle of ultima ratio / Smuggling, customs, customs procedure.
Since the Constitutional Court is the guarantor of the supremacy of the Constitution, the neglect of its decisions by the legislator leads to the weakening of the constitutional structure which impacts the principle of the rule of law as enshrined in Article 1.3 of the Constitution.
Both, the recitals and the operative part of the Constitutional Court’s decisions are generally binding and are... Read more
1.6.2
Constitutional Justice - Effects - Determination of effects by the court.
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
3.12
General Principles - Clarity and precision of legal provisions.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
4.5.2
Institutions - Legislative bodies - Powers.
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Lawyer, Bar Association / Legislative passivity, res judicata.
Measures restricting the fundamental rights of the individual relating to intimate, family and private life and the secrecy of correspondence and their free expression must be foreseeable, proportionate and ensure appropriate safeguards, in compliance with the provisions on the rule of law as enshrined in Article 1.5 of the Constitution.
Measures must maintain a fair balance between diverging... Read more
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
3.22
General Principles - Prohibition of arbitrariness.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.36.3
Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications.
Personal data, retention, data sharing / Electronic communications services, providers.
The Constitutional Court can re-interpret its former decision if the judicial practice relating to this decision has become non-unitary, and if the legislator does not intervene to bring the contested provisions line with the Constitution.
To identify the nature of a Constitutional Court decision, it is necessary to determine to what extent the rule sanctioned in the decision is capable of... Read more
1.6.1
Constitutional Justice - Effects - Scope.
1.6.9
Constitutional Justice - Effects - Consequences for other cases.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.22
General Principles - Prohibition of arbitrariness.
5.3.16
Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law.
Legislative passivity, prescription of criminal liability.
When investigating violent events, such as ill-treatment, state authorities have an obligation to take all reasonable steps to discover a possible discriminatory motive.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Discriminatory motive, homophobic / Attack, homophobic / Prosecution, discretionary, principle.
Where there are differences between an ex tempore judgment (a judgment handed down immediately after hearing) and a revised judgment handed down by a trial Judge in criminal proceedings that lead to material ambiguity, the ambiguity must redound to the benefit of the accused. The constitutionally entrenched presumption of innocence requires that an appeal court may not endorse a conviction... Read more
1.3.5.12
Constitutional Justice - Jurisdiction - The subject of review - Court decisions.
1.5.2
Constitutional Justice - Decisions - Reasoning.
1.5.6.1
Constitutional Justice - Decisions - Delivery and publication - Delivery.
4.7.8.2
Institutions - Judicial bodies - Ordinary courts - Criminal courts.
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.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
Criminal proceedings / Presumption of innocence / Revision of judgment.
The impugned provisions of BADRA only provide for foetal burial in cases of still-birth and accordingly, could not be declared inconsistent with the Constitution. Section 20.1 of BADRA only requires a burial order for the burial of any corpse (either a dead human body or a still-born child). A pre-viable foetus is not a dead human body or a still-born child and accordingly, the interment or... Read more
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.4
Fundamental Rights - Economic, social and cultural rights.
Constitutional Justice / Decisions / Finding of constitutionality or unconstitutionality / Fundamental Rights / Economic, social and cultural rights, right to health / Sexual and reproductive rights / Burial of foetus.
The constitutional protection for the right to freely chose a vocation is limited to South African citizens and does not fall within the sphere of constitutional rights available to foreigners. Therefore, the requirement that a person be a citizen or permanent resident of South Africa in order to be admitted as a legal practitioner does not unfairly discriminate against foreigners, as it serves... Read more
5.1.1.1.1
Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad.
5.2.1.2.2
Fundamental Rights - Equality - Scope of application - Employment - In public law.
5.2.2.5
Fundamental Rights - Equality - Criteria of distinction - Social origin.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Statute regulating the legal profession / Legal requirements, admission and enrolment of legal practitioners / Constitutionality, enactment, legal requirements, admission and enrolment as legal practitioner, foreign nationals living abroad / Equality, scope of application, right to choose one’s profession, nationals living abroad.
The Marriage Act 25 of 1961 and certain provisions of the Divorce Act 70 of 1979 are inconsistent with Sections 9, 10, 28 and 34 of the Constitution, in that they fail to recognise Muslim marriages solemnised in accordance with Sharia law as being valid marriages in South Africa, and to regulate the consequences of such recognition.
1.1.1.1.1
Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution.
1.1.1.1.3
Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Other legislation.
5.2
Fundamental Rights - Equality.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Muslim marriages, nonrecognition / Infringement of rights to dignity, equality, access to courts and principle of best interests of the child / Constitutional invalidity, Divorce Act 70 of 1979 and Marriage Act 25 of 1961 / Retrospectivity.
Article 8 ECHR; Articles 10.2, 13.2, 16, 22 and 36 of the Federal Constitution; Articles 197.1, 32.1 of the Federal Constitution, Article 6.2 ECHR, Articles 10.2.a and 14.2 of the International Covenant on Civil and Political Rights of 16 December 1996 (hereinafter, "UN Covenant II"), Articles 10.1 and 234 of the Swiss Code of Criminal Procedure (hereinafter, "CCP"); execution of pre-trial... Read more
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
Pre-trial detention, conditions / Pre-trial detention, duration / Detention, appropriate facility / Detention, high-security facility / Detention, execution / Detention, strict isolation / Prison, prison treatment / Offender, dangerous / Offender, violent / Presumption of innocence.
Article 426 of the Swiss Civil Code (hereinafter, "CC"); Article 5.1.e ECHR; disciplinary action against a doctor for issuing an unjustified order to hospitalise a patient to receive treatment or care (hereinafter, "PAFA").
In medicine, the right to self-determination, which is linked to the right to personal freedom enshrined in Article 10 of the Federal Constitution, takes the form of the... Read more
5.3.5.1.2
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
Deprivation of liberty on grounds of welfare assistance / Mental disorders, treatment, consent, involuntary commitment / Hospitalisation, forced / Personal freedom, right / Private life, principle of self-determination / Patient, right / Punishment, disciplinary / Doctor.
Article 8 ECHR; Articles 10.2 and 36 of the Federal Constitution; Article 40e of the Federal Act on Controlling Communicable Human Diseases (hereinafter "LEp"); abstract review of the Fribourg ordinance on cantonal measures to combat the COVID-19 epidemic; requirement to wear a mask. The requirement to wear a mask in supermarkets and shops may be considered a minor infringement of personal... Read more
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
COVID-19, disease, infectious, epidemic, face mask / COVID-19, measures, pandemic / COVID-19, public health / State, obligation, protection, disease / Population, interest, life, human, protection / Public health, protection / Health, public health, public interest.
A provision of the Customs Code did not comply with the principle of individualisation of legal liability. The rationale behind this provision was to protect the customs security of the Ukraine. It would not, therefore, be repealed straightaway. It would cease to have legal force in six months and Parliament was directed to bring it into line with the Constitution.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Offence, customs, liability, legal, individualisation.
A provision of the Housing Code according to which citizens needing to improve their living conditions are deregistered if they are leaving for permanent residence to another locality impinged on their freedom of movement and was unconstitutional.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.4.13
Fundamental Rights - Economic, social and cultural rights - Right to housing.
Residence, place, choice, limitation.
Questions had arisen over the constitutionality of a Civil Code provision which set out the obligations incumbent on a borrower if he or she failed to repay the credit amount in a timely manner.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Credit, use, percent, obtaining, lender, right / Credit, use, payment, limitation, bank, right.
Questions had arisen over provisions of the Criminal Code that governed the measure of special confiscation, where property is seized from a third party, in order to prevent the property from being used as a goal or a reward in connection with the commission of a criminal offence or dangerous act. These provisions were proportionate and constitutional.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Confiscation, special, measure / Unlawful possession, offence, criminal.
1.1.1.1.1 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution. RSA-2022-2-008 1.1.1.1.3 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Other legislation. RSA-2022-2-008 1.2.1.1 Constitutional Justice - Types of claim - Claim by a public body - Head of State. HUN-2022-2-009 1.2.1.7 Constitutional Justice - Types of claim - Claim by a public body - Public Prosecutor or Attorney-General. AZE-2022-2-003 1.2.2.2 Constitutional Justice - Types of claim - Claim by a private body or individual - Non-profit-making corporate body. HUN-2022-2-008, HUN-2022-2-010 1.2.3 Constitutional Justice - Types of claim - Referral by a court. AZE-2022-2-004, HUN-2022-2-007 1.3.1 Constitutional Justice - Jurisdiction - Scope of review. GER-2022-2-018 1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review. GER-2022-2-016, LIE-2022-2-002 1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review. POR-2022-2-006, POR-2022-2-010 1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms. FRA-2022-2-010, POR-2022-2-007, POR-2022-2-008, POR-2022-2-009 1.3.4.2 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities. POR-2022-2-007, POR-2022-2-008, POR-2022-2-009 1.3.4.5 Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes. BRA-2022-2-005, GER-2022-2-018 1.3.4.7.2 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights. POR-2022-2-007, POR-2022-2-008, POR-2022-2-009 1.3.4.14 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states. HUN-2022-2-012 1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law. BEL-2022-2-004 1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions. RSA-2022-2-005 1.4.2 Constitutional Justice - Procedure - Summary procedure. GER-2022-2-016 1.4.10.7 Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU. GER-2022-2-012, GER-2022-2-013 1.5.2 Constitutional Justice - Decisions - Reasoning. RSA-2022-2-005 1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality. LIE-2022-2-002, RSA-2022-2-006 1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures. GER-2022-2-016 1.5.6.1 Constitutional Justice - Decisions - Delivery and publication - Delivery. RSA-2022-2-005 1.6.1 Constitutional Justice - Effects - Scope. ROM-2022-2-005 1.6.2 Constitutional Justice - Effects - Determination of effects by the court. ROM-2022-2-003 1.6.7 Constitutional Justice - Effects - Influence on State organs. HUN-2022-2-013 1.6.9 Constitutional Justice - Effects - Consequences for other cases. ROM-2022-2-005 2.1.1.1 Sources - Categories - Written rules - National rules. AZE-2022-2-003, ITA-2022-2-005, ITA-2022-2-007 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. AZE-2022-2-004, HUN-2022-2-012, ITA-2022-2-005, ITA-2022-2-006, ITA-2022-2-007 2.1.1.2 Sources - Categories - Written rules - National rules from other countries. ARG-2022-2-002 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. HUN-2022-2-012 2.1.1.4 Sources - Categories - Written rules - International instruments. ITA-2022-2-007 2.1.1.4.2 Sources - Categories - Written rules - International instruments - Universal Declaration of Human Rights of 1948. ARG-2022-2-002 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. BEL-2022-2-004, CZE-2022-2-004, GER-2022-2-013 2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966. ARG-2022-2-002 2.1.1.4.11 Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969. ARG-2022-2-002 2.1.3.1 Sources - Categories - Case-law - Domestic case-law. ITA-2022-2-007 2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights. ITA-2022-2-007 2.1.3.2.2 Sources - Categories - Case-law - International case-law - Court of Justice of the European Union. GER-2022-2-012, GER-2022-2-013, POR-2022-2-011, ROM-2022-2-002 2.2.1.6.3 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions. HUN-2022-2-012 2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution. HUN-2022-2-018 2.2.2.2 Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law. ITA-2022-2-005, ITA-2022-2-006, ITA-2022-2-007 2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation. GER-2022-2-017, IRL-2022-2-001 2.3.6 Sources - Techniques of review - Historical interpretation. ITA-2022-2-006, ITA-2022-2-007 2.3.8 Sources - Techniques of review - Systematic interpretation. ITA-2022-2-006, ITA-2022-2-007, ROM-2022-2-001 2.3.9 Sources - Techniques of review - Teleological interpretation. ITA-2022-2-005 3.1 General Principles - Sovereignty. HUN-2022-2-012 3.3.1 General Principles - Democracy - Representative democracy. GER-2022-2-008, GER-2022-2-009 3.4 General Principles - Separation of powers. CYP-2022-2-001, HUN-2022-2-012, IRL-2022-2-002, IRL-2022-2-003, ROM-2022-2-003 3.5 General Principles - Social State. HUN-2022-2-016, MDA-2022-2-008, MDA-2022-2-009 3.7 General Principles - Relations between the State and bodies of a religious or ideological nature. FRA-2022-2-007 3.8 General Principles - Territorial principles. HUN-2022-2-012 3.9 General Principles - Rule of law. AUT-2022-2-003, GER-2022-2-013, GER-2022-2-016, HUN-2022-2-007, MKD-2022-2-002, ROM-2022-2-003, ROM-2022-2-004, ROM-2022-2-005 3.10 General Principles - Certainty of the law. AZE-2022-2-004, HUN-2022-2-002, ROM-2022-2-004, ROM-2022-2-005 3.12 General Principles - Clarity and precision of legal provisions. BIH-2022-2-003, ECH-2022-2-009, FRA-2022-2-008, KOR-2022-2-007, MKD-2022-2-002, ROM-2022-2-002, ROM-2022-2-003 3.13 General Principles - Legality. ROM-2022-2-002, ROM-2022-2-003, ROM-2022-2-004, ROM-2022-2-005, SUI-2022-2-005 3.14 General Principles - Nullum crimen, nulla poena sine lege. KOR-2022-2-007 3.16 General Principles - Proportionality. AUT-2022-2-003, BIH-2022-2-003, CYP-2022-2-002, FRA-2022-2-007, FRA-2022-2-009, FRA-2022-2-010, GER-2022-2-010, GER-2022-2-011, GER-2022-2-017, IRL-2022-2-002, ITA-2022-2-005, ITA-2022-2-006, KOR-2022-2-006, KOR-2022-2-007, MDA-2022-2-010, ROM-2022-2-002, ROM-2022-2-003, ROM-2022-2-004, ROM-2022-2-005, SUI-2022-2-005 3.17 General Principles - Weighing of interests. AUT-2022-2-002, AUT-2022-2-003, GER-2022-2-010, GER-2022-2-011, GER-2022-2-016, GER-2022-2-017, HUN-2022-2-004, HUN-2022-2-005, KOR-2022-2-006, SUI-2022-2-005 3.18 General Principles - General interest. ARG-2022-2-002, CYP-2022-2-002, FRA-2022-2-009, GER-2022-2-011, GER-2022-2-017, HUN-2022-2-009, KOR-2022-2-006, MDA-2022-2-010, ROM-2022-2-001, ROM-2022-2-004, SUI-2022-2-005 3.19 General Principles - Margin of appreciation. FRA-2022-2-010, GER-2022-2-011, GER-2022-2-015, GER-2022-2-017, ITA-2022-2-005, ITA-2022-2-006 3.20 General Principles - Reasonableness. GER-2022-2-017, ITA-2022-2-005, ITA-2022-2-006, ITA-2022-2-007 3.21 General Principles - Equality. ITA-2022-2-005, ITA-2022-2-006, ITA-2022-2-007, KOR-2022-2-007, MDA-2022-2-008 3.22 General Principles - Prohibition of arbitrariness. CZE-2022-2-005, KOR-2022-2-005, ROM-2022-2-004, ROM-2022-2-005 4.1.2 Institutions - Constituent assembly or equivalent body - Limitations on powers. IRL-2022-2-003 4.3.4 Institutions - Languages - Minority language(s). HUN-2022-2-001 4.4.6.1.1 Institutions - Head of State - Status - Liability - Legal liability. BRA-2022-2-004 4.5.2 Institutions - Legislative bodies - Powers. POR-2022-2-006, ROM-2022-2-003 4.5.2.3 Institutions - Legislative bodies - Powers - Delegation to another legislative body. HUN-2022-2-016, HUN-2022-2-018 4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure. GER-2022-2-008, GER-2022-2-009 4.5.4.5 Institutions - Legislative bodies - Organisation - Parliamentary groups. GER-2022-2-008, GER-2022-2-009 4.5.8 Institutions - Legislative bodies - Relations with judicial bodies. ROM-2022-2-002, ROM-2022-2-003 4.5.10 Institutions - Legislative bodies - Political parties. GER-2022-2-018 4.6.2 Institutions - Executive bodies - Powers. MDA-2022-2-009 4.6.3 Institutions - Executive bodies - Application of laws. BRA-2022-2-004 4.6.3.1 Institutions - Executive bodies - Application of laws - Autonomous rule-making powers. LIE-2022-2-002 4.6.6 Institutions - Executive bodies - Relations with judicial bodies. IRL-2022-2-003 4.6.10.2 Institutions - Executive bodies - Liability - Political responsibility. GER-2022-2-014 4.7.1.1 Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction. ROM-2022-2-001, ROM-2022-2-002 4.7.2 Institutions - Judicial bodies - Procedure. KOR-2022-2-005, ROM-2022-2-001 4.7.8.2 Institutions - Judicial bodies - Ordinary courts - Criminal courts. KOR-2022-2-005, RSA-2022-2-005 4.7.14 Institutions - Judicial bodies - Arbitration. GER-2022-2-013 4.8.3 Institutions - Federalism, regionalism and local self-government - Municipalities. HUN-2022-2-009 4.8.8.2.1 Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation - Distribution ratione materiae. BEL-2022-2-004 4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system. BRA-2022-2-005 4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates. GER-2022-2-018 4.9.8.3 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Access to media. BRA-2022-2-005 4.10.8 Institutions - Public finances - Public assets. HUN-2022-2-014 4.11.3 Institutions - Armed forces, police forces and secret services - Secret services. BRA-2022-2-002 4.13 Institutions - Independent administrative authorities. HUN-2022-2-013 4.18 Institutions - State of emergency and emergency powers. FRA-2022-2-008, HUN-2022-2-008, HUN-2022-2-010, HUN-2022-2-015 5.1.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad. RSA-2022-2-007 5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status. ECJ-2022-2-009, ECJ-2022-2-014 5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners. ECJ-2022-2-009 5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status. ECJ-2022-2-013, ECJ-2022-2-015 5.1.1.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons. HUN-2022-2-014, POR-2022-2-010 5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors. ECJ-2022-2-013, ECJ-2022-2-015, ITA-2022-2-007, KOR-2022-2-005 5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees. KOR-2022-2-006 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. GER-2022-2-011, GER-2022-2-017 5.1.4 Fundamental Rights - General questions - Limits and restrictions. IRL-2022-2-001, ROM-2022-2-001, ROM-2022-2-004, SUI-2022-2-005 5.1.5 Fundamental Rights - General questions - Emergency situations. GER-2022-2-011, HUN-2022-2-011, HUN-2022-2-015, ROM-2022-2-001 5.2 Fundamental Rights - Equality. FRA-2022-2-008, ITA-2022-2-005, ITA-2022-2-006, ITA-2022-2-007, MKD-2022-2-002, RSA-2022-2-008 5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens. GER-2022-2-010, GER-2022-2-015 5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment. MDA-2022-2-008, MDA-2022-2-009 5.2.1.2.2 Fundamental Rights - Equality - Scope of application - Employment - In public law. RSA-2022-2-007 5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security. ECH-2022-2-008, ECJ-2022-2-014, GER-2022-2-010, HUN-2022-2-017, MDA-2022-2-008, MDA-2022-2-009 5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender. BRA-2022-2-001, FRA-2022-2-006 5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality. ECH-2022-2-008, ECJ-2022-2-014 5.2.2.5 Fundamental Rights - Equality - Criteria of distinction - Social origin. RSA-2022-2-007 5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion. RSA-2022-2-006 5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age. KOR-2022-2-005, MDA-2022-2-008 5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability. ECH-2022-2-007, HUN-2022-2-016, HUN-2022-2-017, IRL-2022-2-001, MDA-2022-2-008 5.2.2.10 Fundamental Rights - Equality - Criteria of distinction - Language. HUN-2022-2-001 5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation. AUT-2022-2-002, FRA-2022-2-006, HUN-2022-2-002, SRB-2022-2-002 5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status. BRA-2022-2-001, FRA-2022-2-006, ITA-2022-2-007 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. CAN-2022-2-002, HUN-2022-2-002, HUN-2022-2-004, HUN-2022-2-005, POR-2022-2-010, RSA-2022-2-008 5.3.2 Fundamental Rights - Civil and political rights - Right to life. GER-2022-2-011, POR-2022-2-010 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. CAN-2022-2-002, ECH-2022-2-006, IRL-2022-2-001, SRB-2022-2-002 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. CZE-2022-2-004, GER-2022-2-011 5.3.4.1 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments. GER-2022-2-017 5.3.5 Fundamental Rights - Civil and political rights - Individual liberty. FRA-2022-2-005, IRL-2022-2-001, IRL-2022-2-002, ROM-2022-2-002, SUI-2022-2-005 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. BIH-2022-2-003, CAN-2022-2-002, HUN-2022-2-006, ITA-2022-2-006, POR-2022-2-006, POR-2022-2-007, POR-2022-2-008, POR-2022-2-009 5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest. GER-2022-2-016 5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures. ITA-2022-2-005, SUI-2022-2-004 5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial. GER-2022-2-016, SUI-2022-2-003 5.3.5.1.4 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release. GER-2022-2-016 5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement. ECJ-2022-2-009, IRL-2022-2-002, LIE-2022-2-002, UKR-2022-2-004 5.3.9 Fundamental Rights - Civil and political rights - Right of residence. ECJ-2022-2-009 5.3.11 Fundamental Rights - Civil and political rights - Right of asylum. ECJ-2022-2-013, ECJ-2022-2-015, HUN-2022-2-012 5.3.12 Fundamental Rights - Civil and political rights - Security of the person. RSA-2022-2-006 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. ECJ-2022-2-012, IRL-2022-2-003, POR-2022-2-011 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. ECJ-2022-2-010, FRA-2022-2-005, HUN-2022-2-006, ROM-2022-2-001, ROM-2022-2-002, ROM-2022-2-004, RSA-2022-2-005 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. BIH-2022-2-004, ECJ-2022-2-012, ECJ-2022-2-013, FRA-2022-2-010, HUN-2022-2-014 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. BEL-2022-2-003, BIH-2022-2-003, BIH-2022-2-004, CYP-2022-2-001, ECJ-2022-2-010, GER-2022-2-013, RSA-2022-2-008 5.3.13.3.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - “Natural judge”/Tribunal established by law. GER-2022-2-012, GER-2022-2-013 5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing. CZE-2022-2-005, ECJ-2022-2-010 5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice. CZE-2022-2-005, ECJ-2022-2-010 5.3.13.9 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public hearings. GER-2022-2-013 5.3.13.10 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial by jury. KOR-2022-2-005 5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. BEL-2022-2-003 5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence. BEL-2022-2-003, CAN-2022-2-003, IRL-2022-2-002 5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. CZE-2022-2-005, RSA-2022-2-005 5.3.13.21 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Languages. HUN-2022-2-001 5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. BEL-2022-2-003, CAN-2022-2-001, RSA-2022-2-005, SUI-2022-2-003 5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel. CAN-2022-2-004 5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem. GER-2022-2-016 5.3.16 Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law. ROM-2022-2-005 5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State. ECJ-2022-2-011 5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion. ECH-2022-2-005, ECH-2022-2-009, RSA-2022-2-006 5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship. FRA-2022-2-007, HUN-2022-2-004, HUN-2022-2-005 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. ARG-2022-2-002, ECH-2022-2-005, FRA-2022-2-010, HUN-2022-2-004, HUN-2022-2-005, ROM-2022-2-004 5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication. ECH-2022-2-005, FRA-2022-2-010 5.3.24 Fundamental Rights - Civil and political rights - Right to information. ARG-2022-2-002, BRA-2022-2-002, ECH-2022-2-005 5.3.25 Fundamental Rights - Civil and political rights - Right to administrative transparency. BRA-2022-2-002 5.3.27 Fundamental Rights - Civil and political rights - Freedom of association. ECH-2022-2-009, FRA-2022-2-007 5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly. FRA-2022-2-007, HUN-2022-2-008 5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity. ECH-2022-2-009 5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation. ARG-2022-2-002 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. AUT-2022-2-003, CZE-2022-2-004, CZE-2022-2-005, FRA-2022-2-005, GER-2022-2-017, ROM-2022-2-001, ROM-2022-2-004 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. ARG-2022-2-002, BRA-2022-2-003, FRA-2022-2-005, HUN-2022-2-013 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. AUT-2022-2-002, ECJ-2022-2-009, ECJ-2022-2-013, GER-2022-2-010, GER-2022-2-017, ITA-2022-2-007 5.3.33.2 Fundamental Rights - Civil and political rights - Right to family life - Succession. MDA-2022-2-008 5.3.36 Fundamental Rights - Civil and political rights - Inviolability of communications. ROM-2022-2-001 5.3.36.1 Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence. KOR-2022-2-006 5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications. ROM-2022-2-004 5.3.39 Fundamental Rights - Civil and political rights - Right to property. AZE-2022-2-004, CYP-2022-2-001, GER-2022-2-015, HUN-2022-2-009, HUN-2022-2-014, MDA-2022-2-010 5.3.39.1 Fundamental Rights - Civil and political rights - Right to property - Expropriation. HUN-2022-2-003 5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations. BEL-2022-2-004, UKR-2022-2-003, UKR-2022-2-005, UKR-2022-2-006 5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election. GER-2022-2-018 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. AUT-2022-2-002, BEL-2022-2-003, ECJ-2022-2-009, ECJ-2022-2-013, ECJ-2022-2-015, GER-2022-2-017, ITA-2022-2-007, RSA-2022-2-008 5.4 Fundamental Rights - Economic, social and cultural rights. RSA-2022-2-006 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. GER-2022-2-011, MKD-2022-2-002 5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. CYP-2022-2-002, GER-2022-2-011, ROM-2022-2-003, RSA-2022-2-007 5.4.5 Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration. MDA-2022-2-009 5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service. MDA-2022-2-010 5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike. HUN-2022-2-015 5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing. UKR-2022-2-004 5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security. ECJ-2022-2-014, HUN-2022-2-017, MDA-2022-2-008, MDA-2022-2-009 5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension. ECH-2022-2-008, MDA-2022-2-008 5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions. MDA-2022-2-009 5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living. MDA-2022-2-008, MDA-2022-2-009 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. GER-2022-2-011, GER-2022-2-017, HUN-2022-2-011 5.4.20 Fundamental Rights - Economic, social and cultural rights - Right to culture. HUN-2022-2-009 5.5.1 Fundamental Rights - Collective rights - Right to the environment. BRA-2022-2-004, FRA-2022-2-009, HUN-2022-2-003, HUN-2022-2-009, HUN-2022-2-014, HUN-2022-2-015, HUN-2022-2-018
Abscondment, accused, untraceable
ECJ-2022-2-010 Access
FRA-2022-2-005 Administration of justice, due process, right
IRL-2022-2-001 Adoption in special cases
ITA-2022-2-007 Adoption, same-sex partners
AUT-2022-2-002 American Declaration of Rights and Duties of Man
ARG-2022-2-002 Amicus curiae, leave to intervene
IRL-2022-2-003 Appeal, deadline
ECJ-2022-2-012 Arrest, preventive, duration
HUN-2022-2-006 Assembly, freedom
HUN-2022-2-008 Assessment, individual circumstances
ECH-2022-2-006 Asset, public
HUN-2022-2-009 Association, financing, foreign
ECH-2022-2-009 Association, freedom
ECH-2022-2-009 Association, registration
ECH-2022-2-009 Asylum, application
HUN-2022-2-012 Attack, homophobic
SRB-2022-2-002 Audio-visual, public, television
ECH-2022-2-005 Automatism, self-induced intoxication, defence
CAN-2022-2-001 Best interests of the child
ITA-2022-2-007 Best interests of the child, parental care
ECJ-2022-2-015 Broadcast, freedom
ECH-2022-2-005 Broadcasting, restriction
ECH-2022-2-005 Burial of foetus
RSA-2022-2-006 Care, long-term, insurance, public, contribution
GER-2022-2-010 Censorship, inmate correspondence
KOR-2022-2-006 Child, adoption
AUT-2022-2-002 Child, best interest, family ties
ECJ-2022-2-009 Child, best interest, health
GER-2022-2-017 Child, best interests
AUT-2022-2-002 Child, best interests, parental care
CZE-2022-2-005 Child, custody and care, decision, courts of habitual residence
ECJ-2022-2-009 Child, family tie
ECJ-2022-2-009 Child, family, stability
ECJ-2022-2-009 Child, interest of
ECJ-2022-2-009 Child, parental rights
ECJ-2022-2-009 Child, raising
GER-2022-2-017, GER-2022-2-010 Childcare, communal day care, access
GER-2022-2-017 Civil and political rights
POR-2022-2-006 Communication process, democratic system
ARG-2022-2-002 Communication, freedom, inmate
KOR-2022-2-006 Competence, legislative
POR-2022-2-006 Competition, political, equal opportunities
GER-2022-2-014 Confidential information, protection
BRA-2022-2-003 Confidentiality, duty
BRA-2022-2-003 Confiscation, special, measure
UKR-2022-2-006 Connection data
FRA-2022-2-005 Constitutional complaint
CZE-2022-2-004 Constitutional invalidity, Divorce Act 70 of 1979 and Marriage Act 25 of 1961
RSA-2022-2-008 Constitutional invalidity, effect, retroactive
CAN-2022-2-002 Constitutional Justice
RSA-2022-2-006 Constitutionality, enactment, legal requirements, admission and enrolment as legal practitioner, foreign nationals living abroad
RSA-2022-2-007 Copyright
GER-2022-2-012 Correctional institution, safety
KOR-2022-2-006 Court of Justice of the European Union, preliminary ruling, duty of referral
GER-2022-2-012 COVID, public health
HUN-2022-2-010 COVID-19
HUN-2022-2-010 COVID-19, disease, infectious, epidemic, face mask
SUI-2022-2-005 COVID-19, epidemic, pandemic
HUN-2022-2-010 COVID-19, measures, pandemic
SUI-2022-2-005 COVID-19, measures, vaccination
AUT-2022-2-003 COVID-19, measures, vaccination, pressure
LIE-2022-2-002 COVID-19, non-vaccinated persons
LIE-2022-2-002 COVID-19, pandemic
AUT-2022-2-003, BRA-2022-2-005, POR-2022-2-009, POR-2022-2-008, POR-2022-2-007, POR-2022-2-006, BEL-2022-2-004, IRL-2022-2-002, CYP-2022-2-001 COVID-19, pandemic, epidemic
FRA-2022-2-008 COVID-19, pandemic, legislative response
GER-2022-2-011 COVID-19, pandemic, measures
LIE-2022-2-002, HUN-2022-2-010, GER-2022-2-011, HUN-2022-2-011 COVID-19, pandemic, rights
HUN-2022-2-010, HUN-2022-2-011 COVID-19, public health
SUI-2022-2-005, HUN-2022-2-011 COVID-19, special legal order
HUN-2022-2-011, HUN-2022-2-010 COVID-19, vaccination, infectious disease, obligation, policy
GER-2022-2-011 Credit, use, payment, limitation, bank, right
UKR-2022-2-005 Credit, use, percent, obtaining, lender, right
UKR-2022-2-005 Criminal offence, intent, absence
CAN-2022-2-001 Criminal procedure, ne bis in idem, legislative reform
GER-2022-2-016 Criminal procedure, acquittal
GER-2022-2-016 Criminal procedure, Code
HUN-2022-2-006 Criminal procedure, evidence, new
GER-2022-2-016 Criminal procedure, remand detention, absconding, risk
GER-2022-2-016 Criminal procedure, reopening
GER-2022-2-016 Criminal proceeding, right to trial by jury
IRL-2022-2-003 Criminal proceedings
RSA-2022-2-005 Data protection
BRA-2022-2-003 Data protection directive
HUN-2022-2-013 Data, access, public interest
BRA-2022-2-003 Data, personal, collecting, processing
BRA-2022-2-003 Data, personal, deletion, right
HUN-2022-2-013 Data, public, access
BRA-2022-2-003 Data, right of oversight
BRA-2022-2-003 Data, use, purpose limitation, principle
BRA-2022-2-003 Decisions
RSA-2022-2-006 Declaration of invalidity
CAN-2022-2-002 Delivery, official documentation
KOR-2022-2-006 Delivery, presumption
BIH-2022-2-004 Deprivation of liberty on grounds of welfare assistance
SUI-2022-2-004 Derogation, measures, fundamental rights, competence to prescribe
HUN-2022-2-018 Detention
POR-2022-2-011 Detention, appropriate facility
SUI-2022-2-003 Detention, execution
SUI-2022-2-003 Detention, high-security facility
SUI-2022-2-003 Detention, right to a lawyer, right to silence
CAN-2022-2-004 Detention, strict isolation
SUI-2022-2-003 Difference in treatment
MDA-2022-2-008 Disability, discrimination
ECH-2022-2-007 Disability, persons, rights
ECH-2022-2-007 Disabled person, benefit, right
HUN-2022-2-017 Disabled person, language examination, exemption
HUN-2022-2-016 Disabled person, rights
POR-2022-2-010 Discrimination, place of residence
ECH-2022-2-008 Discrimination, sexual orientation
AUT-2022-2-002 Discriminatory motive, homophobic
SRB-2022-2-002 Division of powers
BEL-2022-2-004 Doctor
SUI-2022-2-004 Double jeopardy
GER-2022-2-016 Driver's license, validity, limitation
AZE-2022-2-003 Drunk driving, repeat
KOR-2022-2-007 Dublin Regulation
ECJ-2022-2-015, ECJ-2022-2-013 Economic, social and cultural rights, right to health
RSA-2022-2-006 Election campaign, financing
BRA-2022-2-005 Election campaign, limitation
BRA-2022-2-005 Election campaign, media coverage
BRA-2022-2-005 Election campaign, social media
BRA-2022-2-005 Election campaign, violation, intensity
BRA-2022-2-005 Election, advertising
BRA-2022-2-005 Election, campaign financing
BRA-2022-2-005 Election, scrutiny
GER-2022-2-018 Electronic communications services, providers
ROM-2022-2-004 Emergency, state, rule of law
HUN-2022-2-008 Energy supply
FRA-2022-2-009 Environment, climate protection
BRA-2022-2-004 Environment, conservation
HUN-2022-2-018 Environment, lake, protection
HUN-2022-2-018 Environment, precautionary measure
BRA-2022-2-004 Environment, protection, cultural heritage
HUN-2022-2-009 Environment, protection, liability, exclusion
HUN-2022-2-014 Environment, protection, powers, distribution
BRA-2022-2-004 Environment, protection, property, right, restriction
HUN-2022-2-009 Equal benefit of the law
ECJ-2022-2-014 Equality before the law
BRA-2022-2-001 Equality between men and women
BRA-2022-2-001 Equality of citizens in the payment of public dues, general principle
BEL-2022-2-004 Equality, different treatment, requirement
GER-2022-2-010 Equality, disadvantage, compensation
GER-2022-2-010 Equality, disadvantage, families
GER-2022-2-010 Equality, EU citizen
ECJ-2022-2-014 Equality, fiscal
GER-2022-2-015 Equality, legislator, discretion
GER-2022-2-010 Equality, non-discrimination
BRA-2022-2-001 Equality, same treatment, prohibition
GER-2022-2-010 Equality, scope of application, right to choose one’s profession, nationals living abroad
RSA-2022-2-007 EU law, implementation, constitutional obligation
HUN-2022-2-012 EU, citizen, family, residence, permit
ECJ-2022-2-009 EU, citizen, status
ECJ-2022-2-014 EU, law, effectiveness
ECJ-2022-2-011 EU, law, equivalence
ECJ-2022-2-011 EU, law, national implementation
ECJ-2022-2-014, ECJ-2022-2-011 EU, national of other Member State, right
ECJ-2022-2-014 European Arrest Warrant, appeal
IRL-2022-2-001 European Union act, ultra vires
HUN-2022-2-012 European Union, border, check, asylum
HUN-2022-2-012 European Union, Court of Justice
HUN-2022-2-012 European Union, fundamental rights standard
HUN-2022-2-012 European Union, law, primacy, limits, constitutional
HUN-2022-2-012 European Union, law, violation, Member State
HUN-2022-2-012 Eviction proceedings, suspension
CYP-2022-2-001 Eviction, residential, prohibition
BEL-2022-2-004 Evidence, admissibility, right of defence
CAN-2022-2-003 Evidence, sexual offence, record
CAN-2022-2-003 Expedited police investigation
FRA-2022-2-005 Expression, freedom
ECH-2022-2-005 Expression, political, freedom
ECH-2022-2-005 Extradition and torture
ECH-2022-2-006 Extradition, evidence by receiving state
ECH-2022-2-006 Extradition, person, vulnerable
IRL-2022-2-001 Extradition, receiving state, human rights situation
ECH-2022-2-006 Families, burden, economic
GER-2022-2-017 Families, fundamental right, protection
GER-2022-2-017 Family benefit, conditions, residence
ECJ-2022-2-014 Family life, minor, establishment by marriage, residence
ECJ-2022-2-009 Family member, interpretation
ECJ-2022-2-015 Family relations
ITA-2022-2-007 Family, burden, economic
GER-2022-2-010 Family, fundamental right, protection
GER-2022-2-010 Family, welfare
GER-2022-2-010 Federal Chancellor, statement, political
GER-2022-2-014 Finding of constitutionality or unconstitutionality
RSA-2022-2-006 Fine, non-payment, imprisonment
BIH-2022-2-003 Fines replacing short custodial sentences
ITA-2022-2-005 Foreign agent
ECH-2022-2-009 Foreign law, ordre public reservation
AUT-2022-2-002 Foreigner, family, residence, refusal
ECJ-2022-2-009 Foreigner, family, reunification
ECJ-2022-2-009 Fundamental right, violation, secondary claim
GER-2022-2-015 Fundamental Rights
RSA-2022-2-006 Funds, reserve
BRA-2022-2-004 General interest, healthcare system, proper functioning
GER-2022-2-011 General interest, life and health, protection
GER-2022-2-011 General interest, vulnerable persons, protection
GER-2022-2-017 Government, member, neutrality
GER-2022-2-014 Government, member, statement, political
GER-2022-2-014 Guardian, local authority
CZE-2022-2-005 Health care, public service
HUN-2022-2-011, HUN-2022-2-010 Health care, right
HUN-2022-2-010 Health, insurance, public, contribution
GER-2022-2-010 Health, mental
IRL-2022-2-001 Health, public health, institution
HUN-2022-2-010 Health, public health, public interest
HUN-2022-2-010, SUI-2022-2-005, HUN-2022-2-011 Hospitalisation, forced
SUI-2022-2-004 Identity, right
CZE-2022-2-004 Immigration, illegal, facilitation
ITA-2022-2-006 Immigration, offence, people smuggling
ITA-2022-2-006 Infectious disease, control
GER-2022-2-017 Infringement of rights to dignity, equality, access to courts and principle of best interests of the child
RSA-2022-2-008 Inmate, treatment
KOR-2022-2-006 Insurance, public, non-contributory, family
GER-2022-2-010 International agreement
BRA-2022-2-004 International Community, general interest
BRA-2022-2-004 International migrant smuggling
ITA-2022-2-006 International protection, application, rejection
ECJ-2022-2-013 International protection, beneficiary
ECJ-2022-2-015 Internet, search engines
ARG-2022-2-002 Internet, social networks, violence, terrorist content
FRA-2022-2-010 Intoxication, automatism, defence
CAN-2022-2-001 Judicial cooperation in civil matters
ECJ-2022-2-012 Judicial system, confidence
KOR-2022-2-005 Judicial system, democratic legitimacy
KOR-2022-2-005 Juror, minimum age limit
KOR-2022-2-005 Law, accessibility, intelligibility
FRA-2022-2-008 Law, lack of clarity, vagueness
ECH-2022-2-009 Lawyer, Bar Association
ROM-2022-2-003 Legal recognition of ties of kinship
ITA-2022-2-007 Legal requirements, admission and enrolment of legal practitioners
RSA-2022-2-007 Legislative passivity, res judicata
ROM-2022-2-003 Legislative passivity, prescription of criminal liability
ROM-2022-2-005 Liability for acts of the legislature
ECJ-2022-2-011 Liberty, deprivation
HUN-2022-2-006 Licence, revocation
ECH-2022-2-005 Life imprisonment, parole, rehabilitation
CAN-2022-2-002 Majority, age, civil law
KOR-2022-2-005 Mandatory, confinement
POR-2022-2-006, POR-2022-2-007, POR-2022-2-009, POR-2022-2-008 Margin of appreciation
ECH-2022-2-005 Measles, vaccination
GER-2022-2-017 Medically assisted procreation
FRA-2022-2-006 Mens rea.
CAN-2022-2-001 Mental disorders, treatment, consent, involuntary commitment
SUI-2022-2-004 Minimum level
MDA-2022-2-009 Minor child, international protection, application, rejection
ECJ-2022-2-015 Minor, foreign, unaccompanied
ECJ-2022-2-013 Minor, protection
ECJ-2022-2-015 Minor, right to be heard
CZE-2022-2-005 Minority, language, use in court, right
HUN-2022-2-001 Misuse of power
BRA-2022-2-002 Municipality, property right
HUN-2022-2-009 Murder, trial, reopening
GER-2022-2-016 Muslim marriages, nonrecognition
RSA-2022-2-008 National security, intelligence services, technical surveillance warrants
ROM-2022-2-001 National, third country
ECJ-2022-2-013, ECJ-2022-2-015 Non-governmental organisation
ECH-2022-2-009 Notification, required, reasonable time
ECJ-2022-2-012 Obligation, positive, protection, fundamental rights
HUN-2022-2-012 Offence, customs, liability, legal, individualisation
UKR-2022-2-003 Offender, dangerous
SUI-2022-2-003 Offender, violent
SUI-2022-2-003 Order, confirmed
BEL-2022-2-004 Pandemic, legislative response
HUN-2022-2-015 Parent, foreigner
ECJ-2022-2-015 Parental care, school, education
CZE-2022-2-005 Parents, parental care, health matters
GER-2022-2-017 Parliament, autonomy
GER-2022-2-009, GER-2022-2-008 Parliament, election
GER-2022-2-018 Parliament, member, equality
GER-2022-2-008, GER-2022-2-009 Parliament, member, mandate, free
GER-2022-2-008, GER-2022-2-009 Participatory trial
KOR-2022-2-005 Partnership, homosexual
HUN-2022-2-002 Partnership, same-sex, registered
HUN-2022-2-002 Paternity, judicial recognition
BRA-2022-2-001 Paternity, leave, right
BRA-2022-2-001 Paternity, recognition, child’s interest
BRA-2022-2-001 Patient, right
SUI-2022-2-004 Payment
MDA-2022-2-010 Penalty, severity
ITA-2022-2-005 Pension
MDA-2022-2-008 Pension and employment, cumulation
ECH-2022-2-008 Pension, age, gender, discrimination, justification, reasonable
ECH-2022-2-008 Pension, insurance, public, contribution
GER-2022-2-010 Pension, pensionable service, period, determination
ECH-2022-2-008 Personal data
FRA-2022-2-005 Personal data, retention, data sharing
ROM-2022-2-004 Personal freedom, right
SUI-2022-2-004 Personal liberty
HUN-2022-2-006 Photographer, profession, requirements
CYP-2022-2-002 Pluralism, broadcasting
ECH-2022-2-005 Police custody, lawyer, access
CAN-2022-2-004 Police forces
FRA-2022-2-005 Political activity, right to participate
ECH-2022-2-009 Political party, annual financial report, obligation to publish
GER-2022-2-018 Political party, equal participation, right
GER-2022-2-014 Political party, freedom of activity
GER-2022-2-018 Population, interest, life, human, protection
SUI-2022-2-005 Preliminary injunction, weighing of consequences
GER-2022-2-016 Presumption of innocence
RSA-2022-2-005, SUI-2022-2-003 Pre-trial detention, conditions
SUI-2022-2-003 Pre-trial detention, duration
SUI-2022-2-003 Principle of secularism
FRA-2022-2-007 Prison, care, psychiatric, treatment, appropriate
IRL-2022-2-001 Prison, prison treatment
SUI-2022-2-003 Private life, principle of self-determination
SUI-2022-2-004 Privatisation
HUN-2022-2-009 Property rights, mortgage, preservation
AZE-2022-2-004 Prosecution, discretionary, principle
SRB-2022-2-002 Protection of the environment
FRA-2022-2-009 Protection of the Nation’s fundamental interests
FRA-2022-2-009 Protection, legal, effective
ECJ-2022-2-013 Public figure
ARG-2022-2-002 Public health emergency, legislative response
IRL-2022-2-002 Public health, protection
SUI-2022-2-005 Public order, disturbance
FRA-2022-2-010 Public order, protection
FRA-2022-2-007 Public Security Police, conduct, unlawful
BRA-2022-2-002 Public sentiment, law
KOR-2022-2-007 Public service
MDA-2022-2-010 Punishment, aggravated
KOR-2022-2-007 Punishment, cruel and unusual
CAN-2022-2-002 Punishment, disciplinary
SUI-2022-2-004 Reason, statement
GER-2022-2-012 Recalculation
MDA-2022-2-010 Refugee, status, determination
ECJ-2022-2-015, ECJ-2022-2-013 Regulation, retroactive affect
HUN-2022-2-007 Religion, community, offensive expression
HUN-2022-2-004, HUN-2022-2-005 Religious associations, declaration, obligation
FRA-2022-2-007 Religious associations, foreign funding
FRA-2022-2-007 Requisition of electronic data
FRA-2022-2-005 Residence, habitual
ECJ-2022-2-014 Residence, place, choice, limitation
UKR-2022-2-004 Rest, right
MKD-2022-2-002 Retroactive laws
HUN-2022-2-007 Retroactive legislation
HUN-2022-2-007 Retrospectivity
RSA-2022-2-008 Revision of judgment
RSA-2022-2-005 Revival of case-law, derivative offence, principle of ultima ratio
ROM-2022-2-002 Right of free communication
FRA-2022-2-010 Right to be forgotten
ARG-2022-2-002 Right to property
BEL-2022-2-004 Rights, foreigners, stateless, residence
AZE-2022-2-003 Road traffic, safety
KOR-2022-2-007 Rules of procedure, parliament, interpretation
GER-2022-2-009, GER-2022-2-008 Ruling, delivery
BIH-2022-2-004 Sanction, punitive
ECH-2022-2-009 Secret investigation
BRA-2022-2-002 Secret service, data, collection, aggrieved person
BRA-2022-2-002 Secret service, privacy, infringement, tolerance
BRA-2022-2-002 Secret service, records
BRA-2022-2-002 Secret surveillance, measure
BRA-2022-2-002 Security
FRA-2022-2-009 Self-determination, health
GER-2022-2-017 Self-determination, sexual, right
HUN-2022-2-007 Sentence, life, without parole
CAN-2022-2-002 Sentence, parole ineligibility
CAN-2022-2-002 Service of documents, bailiff, third parties, access to courts, time-limit
ECJ-2022-2-012 Sex, change, confidentiality
CZE-2022-2-004 Sexual and reproductive rights
RSA-2022-2-006 Sexual offence against children, special nature
BEL-2022-2-003 Sexual offence, victim, record
CAN-2022-2-003 Smuggling, customs, customs procedure
ROM-2022-2-002 Social assistance, equal treatment, EU citizen
ECJ-2022-2-014 Social insurance, contribution, cost, liability
GER-2022-2-010 Social insurance, financing
GER-2022-2-010 Social insurance, mandatory
GER-2022-2-010 Social security pension
ECH-2022-2-008 Social security, pay-as-you-go system
GER-2022-2-010 Sovereignty, transfer, limit
HUN-2022-2-012 Special court, legality, necessity
IRL-2022-2-003 Sport, disciplinary suspension
GER-2022-2-013 Sport, tribunal, arbitration
GER-2022-2-013 State property, management
HUN-2022-2-014 State succession
ECH-2022-2-008 State, continuity
ECH-2022-2-008 State, obligation, protection, disease
SUI-2022-2-005 State, positive obligations, duty of protection
GER-2022-2-017 Statute regulating the legal profession
RSA-2022-2-007 Statutory limitation period for criminal liability
BEL-2022-2-003 Strike, ban
HUN-2022-2-015 Strike, continuity of services
HUN-2022-2-015 Subsistence
MDA-2022-2-009 Survivor's, right
MDA-2022-2-008 Tax law, legislator’s authority to categorise
GER-2022-2-015 Tax, burden, equality
GER-2022-2-015 Tax, reimbursement, interest rate
GER-2022-2-015 Tax, unequal treatment
GER-2022-2-015 Taxation, legislative discretion
GER-2022-2-015 Third-country nationals
ECJ-2022-2-015 Treatment, discriminatory
HUN-2022-2-002 Trial in absentia, right to new trial
ECJ-2022-2-010 Trial, criminal, due process of law, constitutional rights
IRL-2022-2-003 Unlawful possession, offence, criminal
UKR-2022-2-006 Vaccination, combination vaccines
GER-2022-2-017 Vaccination, communal day care
GER-2022-2-017 Vaccination, compulsory
AUT-2022-2-003, GER-2022-2-011 Vaccination, mandatory
GER-2022-2-017 Vaccination, proof
GER-2022-2-017 Vulnerable groups
GER-2022-2-011 Vulnerable persons, infection, risk
GER-2022-2-017 Wage
MDA-2022-2-009 Warrant
POR-2022-2-011 Waste, state regulation, owners, compensation
HUN-2022-2-003 Water, supply
MDA-2022-2-010 Working hours
MKD-2022-2-002