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e-Bulletin
2019-2
on Constitutional Case-Law
The electronic Bulletin on Constitutional Case-Law ("e-Bulletin") is produced by the European Commission for Democracy through Law, better known as the Venice Commission. The e-Bulletin regularly reports on the case-law of constitutional courts and courts with equivalent jurisdiction in Europe and beyond, including case-law of the European Court of Human Rights, the Court of Justice of the European Union and the Inter-American Court of Human Rights. The e-Bulletin is sent to liaison officers and to subscribers by e-mail three times a year, each mailing reports on the most important case-law gathered during a four-month period.
The e-Bulletin’s aim is to allow judges and constitutional law specialists to be informed quickly about the most important judgments rendered in the field of constitutional justice. The exchange of information and ideas among courts in different countries with similar or different legal traditions, in the field of judge-made law, is of vital importance. Such an exchange of information and such cooperation, we hope, will not only benefit the newly established constitutional courts, but will also enrich the case-law of longer established courts. The main purpose of the e-Bulletin on Constitutional Case-Law is to foster an exchange of information and ideas and to assist national judges in solving difficult questions of law, which often arise simultaneously in courts of different countries.
If you wish to receive the e-Bulletin, please subscribe at the page https://www.venice.coe.int/files/bulletin/eBulletin-subscription.html.
The Venice Commission is grateful to the liaison officers of constitutional and equivalent courts, who regularly prepare the contributions, reproduced in the Bulletin with links to our database CODICES. As such, the summaries of decisions and opinions in the Bulletin do not constitute an official record of court decisions and should not be considered as offering or purporting to offer an authoritative interpretation of the law.
The Venice Commission would like to thank the International Organisation of the Francophonie for their support in ensuring that contributions from its member, associate and observer states can be translated into French.
T. Gerwien
Legal Officer, Division on Constitutional Justice
European Commission for Democracy through Law (“Venice Commission”)
February 2020
ARG-2019-2-002 a) Argentina / b) Supreme Court / c) / d) 11.07.2019 / e) FRO 2365/2014/1/RH1, FRO 2365/2014/2/RH1 / f) N., L. (en representación de N.K.M.E.) s/ medida autosatisfactiva /
The right to a nationality, understood as the feeling a person has of belonging to a State and between which certain mutual rights and obligations arise, is a natural consequence of the physical existence of a human being.
Nationality expresses the legal relationship between a person and a State to which this person can claim the enforcement and protection of his or her rights. It is a... Read more
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.
2.1.1.4.15
Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.8
Fundamental Rights - Civil and political rights - Right to citizenship or nationality.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Precautionary measure, urgency / Nationality, definition / Identity, right / Citizenship, double / Citizenship, loss, upon acquisition of another citizenship.
ARG-2019-2-003 a) Argentina / b) Supreme Court / c) / d) 24.09.2019 / e) CIV 106794/2013/CS1 / f) S., F. A. v. L., C. L. s/ exequatur y reconocimiento de sentencia extr. /
The enforceability of a foreign judgment must not affect principles of public order established in Argentine law. In assessing whether to grant exequatur, a court may not re-evaluate the issues that were before the foreign court nor subject the foreign judgment to the assessment required by ordinary judicial review.
2.1.1.4.15
Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
2.1.3.3
Sources - Categories - Case-law - Foreign case-law.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.8
Fundamental Rights - Civil and political rights - Right to citizenship or nationality.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Appeal, extraordinary / Foreign judgment, exequatur / Adoption.
AUT-2019-2-002 a) Austria / b) Constitutional Court / c) / d) 18.06.2019 / e) E 5004/2018 / f) /
Football supporters expressed their negative attitude towards the police as part of the state power. Such criticism is acceptable conduct in view of the particular importance of freedom of expression in a democratic society. Holding up a banner with the inscription "ACAB" ("All cops are bastards") during a football game did not therefore constitute a violation of public decency under Vienna State... Read more
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Freedom of expression / Language, offensive.
AZE-2019-2-003 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 07.06.2019 / e) / f) Request by the Regional Court /
When imposing sentences, courts should take into account convictions handed down by foreign courts, in accordance with the international treaties to which the Republic of Azerbaijan is party.
1.3.5.12
Constitutional Justice - Jurisdiction - The subject of review - Court decisions.
2.3.10
Sources - Techniques of review - Contextual interpretation.
4.6.10.1.3
Institutions - Executive bodies - Liability - Legal liability - Criminal liability.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Sentences, foreign courts.
AZE-2019-2-004 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 25.07.2019 / e) / f) /
Changes to a credit agreement resulting in additional liability for a guarantor or which have other adverse consequences may result in the termination of the guarantee contract.
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
Credit agreement, guarantee contract.
BLR-2019-2-001 a) Belarus / b) Constitutional Court / c)
BEL-2019-2-003 a) Belgium / b) Constitutional Court / c) / d) 19.06.2019 / e) 99/2019 / f) / BEL-2019-2-004 a) Belgium / b) Constitutional Court / c) / d) 27.06.2019 / e) 104/2019 / f) /
BIH-2019-2-003 a) Bosnia and Herzegovina / b) Constitutional Court / c) Plenary session / d) 01.06.2017 / e) U 5/16 / f) / BIH-2019-2-004 a) Bosnia and Herzegovina / b) Constitutional Court / c) Chamber / d) 19.12.2018 / e) AP 3430/16 / f) /
BRA-2019-2-007 a) Brazil / b) Supreme Court / c) Full Court / d) 26.09.2018 / e) 541 (ADPF 541) / f) The rules that authorise cancelling the voters´ ID card of those who did not provide the previous obligatory biometric registration are constitutional / BRA-2019-2-008 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 28.03.2019 / e) 494601 (RE 494601) / f) Animal sacrifice in religious rituals / BRA-2019-2-009 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 08.05.2019 / e) 5823(ADI 5823) / f) Immunities of state deputies / BRA-2019-2-010 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 08.05.2019 / e) 449 (ADPF 449) / f) Individual private transportation provided by the driver registered in an application / BRA-2019-2-011 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 08.05.2019 / e) 601182 (RE 601182) / f) Suspension of political rights of a person sentenced to a punishment of restraint of rights / BRA-2019-2-012 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 25.05.2019 / e) 657718 (RE 657718) / f) Compulsory supply of medicines by the State / BRA-2019-2-013 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 29.05.2019 / e) 5938 (ADI 5938) / f) Pregnant and nursing women in unhealthy activity / BRA-2019-2-014 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 13.06.2019 / e) 26 (ADO 26), 4733 (MI 4733) / f) Criminalisation of homophobia / BRA-2019-2-015 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 14.06.2019 / e) 444 (ADPF 444) / f) Coercive conduct of those under investigation for interrogations / BRA-2019-2-016 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 08.08.2019 / e) 3446 (ADI 3446) / f) Apprehension of children and adolescents / BRA-2019-2-017 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 30.08.2019 / e) 324 (ADPF 324) / f) Outsourcing the productive process stages of the companies /
BUL-2019-2-004 a) Bulgaria / b) Constitutional Court / c) / d) 03.07.2018 / e) 11/18 / f) / BUL-2019-2-005 a) Bulgaria / b) Constitutional Court / c) / d) 06.11.2018 / e) 15/18 / f) / BUL-2019-2-006 a) Bulgaria / b) Constitutional Court / c) / d) 21.02.2019 / e) 2/19 / f) /
CAN-2019-2-004 a) Canada / b) Supreme Court / c) / d) 31.05.2019 / e) 37971 / f) R. v. Le / CAN-2019-2-005 a) Canada / b) Supreme Court / c) / d) 26.07.2019 / e) 37701, 38308 / f) R. v. Stillman /
CRC-2019-2-002 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 23.08.2019 / e) 2019-1569 / f) /
ECH-2019-2-008 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 12.03.2019 / e) 5809/13, 18357/11, 52538/09 / f) Karaca v. Turkey (dec.), Kutlu and Others v. Turkey (dec.), Tasdemir v. Turkey (dec.) / ECH-2019-2-009 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 09.04.2019 / e) 11236/09 / f) Altay v. Turkey (no. 2) / ECH-2019-2-010 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 10.04.2019 / e) P16-2018-001 / f) Advisory opinion concerning the recognition in domestic law of a legal parent-child relationship between a child born through a gestational surrogacy arrangement abroad and the intended mother / ECH-2019-2-011 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 11.04.2019 / e) 48798/14 / f) Guimon v. France / ECH-2019-2-012 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 29.05.2019 / e) 15172/13 / f) Ilgar Mammadov v. Azerbaijan [GC] / ECH-2019-2-013 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 04.06.2019 / e) 39757/15 / f) Sigurður Einarsson and Others v. Iceland / ECH-2019-2-014 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 13.06.2019 / e) 77633/16 / f) Marcello Viola v. Italy (no. 2) / ECH-2019-2-015 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 25.06.2019 / e) 41720/13 / f) Nicolae Virgiliu Tanase v. Romania [GC] /
CRO-2019-2-006 a) Croatia / b) Constitutional Court / c) / d) 26.02.2019 / e) U-III-63/2017 / f) / CRO-2019-2-007 a) Croatia / b) Constitutional Court / c) / d) 09.04.2019 / e) U-I-3924/2009 / f) / CRO-2019-2-008 a) Croatia / b) Constitutional Court / c) / d) 09.04.2019 / e) U-III-2086/2018 / f) / CRO-2019-2-009 a) Croatia / b) Constitutional Court / c) / d) 18.06.2019 / e) U-I-1625/2018 / f) / CRO-2019-2-010 a) Croatia / b) Constitutional Court / c) / d) 26.06.2019 / e) U-I-1420/2016 / f) / CRO-2019-2-011 a) Croatia / b) Constitutional Court / c) / d) 02.07.2019 / e) U-II-1818/2016 / f) /
CZE-2019-2-005 a) Czech Republic / b) Constitutional Court / c) Plenum / d) 14.05.2019 / e) Pl. ÚS 45/17 / f) Data Retention III (Collection and Use of Traffic and Location Data on Telecommunications Traffic) / CZE-2019-2-006 a) Czech Republic / b) Constitutional Court / c) Third Panel / d) 28.05.2019 / e) III. ÚS 3564/18 / f) Violation by the police of the freedom of expression of an applicant who intended to verbally oppose the Prague Pride parade / CZE-2019-2-007 a) Czech Republic / b) Constitutional Court / c) Plenum / d) 18.06.2019 / e) II. ÚS 38/18 / f) Public pronouncement of judgments / CZE-2019-2-008 a) Czech Republic / b) Constitutional Court / c) Plenum / d) 02.07.2019 / e) III. ÚS 39/17 / f) On excluding a judicial review of the decision not to grant citizenship to a foreigner on the grounds of national security /
FIN-2019-2-001 a) Finland / b) Supreme Administrative Court / c) / d) 05.07.2019 / e) 2019:89 / f) / FIN-2019-2-002 a) Finland / b) Supreme Administrative Court / c) / d) 05.07.2019 / e) 2019:90 / f) /
FRA-2019-2-005 a) France / b) Constitutional Council / c) / d) 21.03.2019 / e) 2019-778 DC / f) Law on budgetary planning for 2018-2022 and the reform of the judicial system / FRA-2019-2-006 a) France / b) Constitutional Council / c) / d) 25.07.2019 / e) 2019-787 DC / f) Law for a school of trust / FRA-2019-2-007 a) France / b) Constitutional Council / c) / d) 26.07.2019 / e) 2019-797 QPC / f) Unicef France and others [Creation of a register of foreign nationals who have declared themselves to be unaccompanied minors] / FRA-2019-2-008 a) France / b) Constitutional Council / c) / d) 01.08.2019 / e) 2019-790 DC / f) Law on the transformation of the civil service /
GEO-2019-2-001 a) Georgia / b) Constitutional Court / c) First Board / d) 02.08.2019 / e) 1/6/770 / f) Public Defender v. the Parliament /
GER-2019-2-010 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 15.04.2019 / e) 2 BvQ 22/19 / f) Exclusion from voting rights in European elections / GER-2019-2-011 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the First Panel / d) 22.05.2019 / e) 1 BvQ 42/19 / f) Access to Facebook page / GER-2019-2-012 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 23.05.2019 / e) 1 BvR 1724/18 / f) Request for recovery / GER-2019-2-013 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 18.06.2019 / e) 1 BvR 587/17 / f) Subdelegated Ordinance / GER-2019-2-014 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the Second Panel / d) 03.07.2019 / e) BvR 824/15, 2 BvR 825/15 / f) Argentine debt crisis / GER-2019-2-015 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 18.07.2019 / e) 1 BvL 1/18, 1 BvL 4/18, 1 BvR 1595/18 / f) Rent-control legislation / GER-2019-2-016 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 30.07.2019 / e) 2 BvR 1685/14 / f) European Banking Union /
IRL-2019-2-004 a) Ireland / b) Supreme Court / c) Clarke C.J.; O’Donnell J.; Dunne J.; O’Malley J / d) 30.04.2019 / e) 2017/57 / f) P.P. v. Judges of the Circuit Court and others / IRL-2019-2-005 a) Ireland / b) Supreme Court / c) Judgment of the Court / d) 29.05.2019 / e) 2017/71; 2017/73; 2017/78 / f) Angela Kerins v. Deputy John McGuinness and others / IRL-2019-2-006 a) Ireland / b) Supreme Court / c) Clarke C.J. and O’Donnell J. / d) 31.05.2019 / e) 2018/74 / f) A.P. v. Minister for Justice and Equality /
ISR-2019-2-001 a) Israel / b) Supreme Court (High Court of Justice) / c) Extended Panel / d) 27.05.2018 / e) HCJ 5744/16 / f) Attorney Shachar Ben Meir v. The Israel Knesset / ISR-2019-2-002 a) Israel / b) Supreme Court (High Court of Justice) / c) Extended Panel / d) 09.09.2019 / e) HCJ 10190/17 / f) Commander of IDF troops in the Samaria and Judea area v. Alian /
ITA-2019-2-007 a) Italy / b) Constitutional Court / c) / d) 20.02.2019 / e) 99/2019 / f) / ITA-2019-2-008 a) Italy / b) Constitutional Court / c) / d) 06.03.2019 / e) 112/2019 / f) / ITA-2019-2-009 a) Italy / b) Constitutional Court / c) / d) 06.03.2019 / e) 117/2019 / f) / ITA-2019-2-010 a) Italy / b) Constitutional Court / c) / d) 17.04.2019 / e) 160/2019 / f) / ITA-2019-2-011 a) Italy / b) Constitutional Court / c) / d) 18.06.2019 / e) 173/2019 / f) /
KOR-2019-2-003 a) Korea / b) Constitutional Court / c) / d) 26.04.2018 / e) 2015Hun-Ba370, etc. / f) The search of residential properties, other than those of the suspect who was subject of the search, by arrest warrant / KOR-2019-2-004 a) Korea / b) Constitutional Court / c) / d) 28.06.2018 / e) 2011Hun-Ba379, etc. / f) Conscientious Objectors / KOR-2019-2-005 a) Korea / b) Constitutional Court / c) / d) 26.07.2018 / e) 2016Hun-Ma260 / f) Provisions that ban the seizure of public officials’ pensions /
KOS-2019-2-002 a) Kosovo / b) Constitutional Court / c) / d) 25.05.2019 / e) KO 171/18 / f) Review of constitutionality of Articles 2, 3.1.2, 3.1.3, 3.1.4, 4.1, 6, 7.1.2, 7.1.3, 7.1.4, 11.3, 18, 19.5, 19.6, 19.7, 19.8, 20.5, 21, 22, 23, 24, 25.2 and 25.3 of Law no. 06/L-048 on the Independent Oversight Board for Civil Service in Kosovo / KOS-2019-2-003 a) Kosovo / b) Constitutional Court / c) / d) 13.06.2019 / e) KO 43/19 / f) Review of constitutionality of Articles 1, 2, 4, 10.4.1, 10.4.2 and 11.3 of Law no. 06/L-145 on the Duties, Responsibilities and Competences of the State Delegation of the Republic of Kosovo in the Dialogue Process with Serbia /
KGZ-2019-2-001 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 30.05.2018 / e) 04-? / f) Review of constitutionality of Article 46.8 of the Law on External Migration / KGZ-2019-2-002 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 03.10.2018 / e) 06-p / f) Review of constitutionality of Article 12 of the Law on Guarantees of the activity of the President / KGZ-2019-2-003 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 17.10.2018 / e) 07-p / f) Review of constitutionality of Article 4 of the Law on Guarantees of the activity of the President of the Kyrgyz Republic /
LIE-2019-2-001 a) Liechtenstein / b) State Council / c) / d) 25.03.2019 / e) StGH 2018/112, StGH 2017/83 / f) /
MEX-2019-2-005 a) Mexico / b) Supreme Court of Justice of the Nation / c) First Division / d) 03.10.2018 / e) AR 257/2018 / f) Torture; non-applicability of statutory limitation / MEX-2019-2-006 a) Mexico / b) Supreme Court of Justice of the Nation / c) Plenary / d) 16.10.2018 / e) AI 13/2017 / f) Regulation of private hire vehicle systems which use technological applications, Uber and Cabify / MEX-2019-2-007 a) Mexico / b) Supreme Court of Justice of the Nation / c) First Division / d) 31.10.2018 / e) AR 547/2018 / f) Consumption of cannabis for recreational purposes / MEX-2019-2-008 a) Mexico / b) Supreme Court of Justice of the Nation / c) Second Division / d) 04.12.2018 / e) AD 9/2018 / f) Domestic workers denied social rights / MEX-2019-2-009 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 09.03.2017 / e) SUP-JDC-1966-2016 / f) / MEX-2019-2-010 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 04.05.2017 / e) SUP-JDC-210-2017 / f) / MEX-2019-2-011 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 07.06.2017 / e) SUP-JDC-307-2018 / f) / MEX-2019-2-012 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 22.06.2017 / e) SUP-JDC-369-2017 / f) / MEX-2019-2-013 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 19.07.2017 / e) SUP-JRC-270-2017 / f) / MEX-2019-2-014 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 26.07.2017 / e) SUP-REP-123-2017 / f) /
MNE-2019-2-001 a) Montenegro / b) Constitutional Court / c) / d) 18.06.2019 / e) U-IIIno. 377/19 / f) /
NED-2019-2-002 a) The Netherlands / b) Supreme Court / c) Civil chamber / d) 19.07.2019 / e) 17/04567 / f) Mothers of Srebrenica /
POL-2019-2-003 a) Poland / b) Constitutional Tribunal / c)
RUS-2019-2-007 a) Russia / b) Constitutional Court / c) / d) 28.05.2019 / e) 21 / f) / RUS-2019-2-008 a) Russia / b) Constitutional Court / c) / d) 13.06.2019 / e) 23 / f) / RUS-2019-2-009 a) Russia / b) Constitutional Court / c) / d) 18.06.2019 / e) 24 / f) /
SRB-2019-2-002 a) Serbia / b) Constitutional Court / c) / d) 21.02.2019 / e) IUo-134/2018 / f) /
SVK-2019-2-002 a) Slovakia / b) Constitutional Court / c) Plenum / d) 09.01.2019 / e) PL. ÚS 5/2017 / f) /
RSA-2019-2-001 a) South Africa / b) Constitutional Court / c) / d) 16.04.2019 / e) CCT 91/17 / f) Buffalo City Metropolitan Municipality v. Asla Construction (Pty) Ltd / RSA-2019-2-002 a) South Africa / b) Constitutional Court / c) / d) 23.10.2018 / e) CCT 146/17 / f) Holomisa v. Holomisa and Another / RSA-2019-2-003 a) South Africa / b) Constitutional Court / c) / d) 20.08.2019 / e) CCT 232/18 / f) Bhekindlela Mwelase and Others v. The Director-General for the Department of Rural Development and Land Reform and Another / RSA-2019-2-004 a) South Africa / b) Constitutional Court / c) / d) 22.08.2019 / e) CCT 95/18 / f) De Klerk v. Minister of Police / RSA-2019-2-005 a) South Africa / b) Constitutional Court / c) / d) 06.11.2019 / e) CCT 40/15 / f) Speaker of the National Assembly and others v. Land Access Movement of South Africa and others /
SWE-2019-2-001 a) Sweden / b) Supreme Administrative Court / c) / d) 25.02.2019 / e) 6179-18 / f) / SWE-2019-2-002 a) Sweden / b) Supreme Administrative Court / c) / d) 15.03.2019 / e) 4047-15 / f) / SWE-2019-2-003 a) Sweden / b) Supreme Administrative Court / c) / d) 31.05.2019 / e) 6050-17 / f) /
SUI-2019-2-003 a) Switzerland / b) Federal Court / c) First Public Law Chamber / d) 13.02.2019 / e) 1C_188/2018 / f) A., B., company C. and association D. v. State Council of the Canton of Neuchâtel /
TUR-2019-2-001 a) Turkey / b) Constitutional Court / c) First Section / d) 08.05.2019 / e) 2015/8147 / f) Mehmet Ali Gündogdu and Mustafa Demirsoy / TUR-2019-2-002 a) Turkey / b) Constitutional Court / c) First Section / d) 08.05.2019 / e) 2015/9880 / f) Ioanis Maditinos / TUR-2019-2-003 a) Turkey / b) Constitutional Court / c) Plenary / d) 26.07.2019 / e) 2018/17635 / f) Zübeyde Füsun Üstel and Others /
UKR-2019-2-004 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 04.06.2019 / e) 2-r/2019 / f) Constitutional review of specific provisions of the Law on pension provision at the request of 45 People’s Deputies, as well as a request by 48 People’s Deputies on the compliance with the Constitution (constitutionality) of specific provisions of the laws on pension provision, on the status and social protection of citizens who suffered as a result of the Chernobyl disaster, on pension provision to persons discharged from military service and to some other persons, on the Civil Service, on forensic examination, on the National Bank, on service in local self-government bodies, on the status of People's Deputies, on the Diplomatic Service, on compulsory state pension insurance, on the Cabinet of Ministers, on the Prosecutor's Office, as well as the Regulations on the assistant-consultant of a People's Deputy, approved by Resolution no. 379/95-?? of 13 October 1995 of the Verkhovna Rada / UKR-2019-2-005 a) Ukraine / b) Constitutional Court / c) First Senate / d) 05.06.2019 / e) 3-r(I)/2019 / f) On the compliance with the Constitution (constitutionality) of provisions of paragraphs 24, 25 and 26 of Section ? of the Law amending the Tax Code concerning the clarification of some provisions and eliminating inconsistencies arising during the adoption of the Law amending the Tax Code on improvement of the investment climate in Ukraine / UKR-2019-2-006 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 05.06.2019 / e) 4-r(II)/2019 / f) On the conformity to the Constitution (constitutionality) of the provisions of Article 17.1.13 of the Law on the National Anti-Corruption Bureau / UKR-2019-2-007 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 06.06.2019 / e) 3-r/2019 / f) On the conformity to the Constitution (constitutionality) of the provisions of Article 3.1.5; Article 45.3.3 of the Law on prevention of corruption, and clause 2 of Chapter II "Final Provisions" of the Law amending some laws regarding peculiarities of financial control over certain categories of public officials / UKR-2019-2-008 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 13.06.2019 / e) 4-r/2019 / f) On the conformity to the Constitution (constitutionality) of the provisions of Article 392.2 of the Code of Criminal Procedure / UKR-2019-2-009 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 16.07.2019 / e) 9-r/2019 / f) On the compliance with the Constitution (constitutionality) of the Law on the condemnation of the communist and national socialist (Nazi) totalitarian regimes in Ukraine, and the prohibition of propaganda of their symbols / UKR-2019-2-010 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 16.07.2019 / e) 10-r/2019 / f) On the compliance of the Law on Education with the Constitution (constitutionality) /
Ed. 11.2.20 15:07:08
The Law establishes criminal liability for crimes related to doping in sport. The Constitutional Court notes that the public danger of doping in sport includes not only a real threat to the health of athletes but also causes damages to the ideology of sports and the loss of its values. Such criminal legal regulation, aimed at protecting the values and ideology of sports and the health of athletes... Read more
3.5
General Principles - Social State.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Drug, public health, danger / Health, effective protection / Health, risk / Criminal law / Extremism / Fascism / Hatred, incitation.
According to the Constitutional Court, the Law on Transgender Persons of 25 June 2017 is unconstitutional in several respects. Firstly, there is gap in the law in that the sex recorded on birth certificates is confined to the binary categories of man or woman. On the basis of the principle of self-determination, the legislature sought to enable individuals to bring the gender recorded on their... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
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.
Transgender persons, binary system / Civil status, rectification / Equality, gender identity / Discrimination, gender identity / Private life, principle of self-determination / Civil status, name.
The law which does not require courts to give formal reasons for authorisations they issue to the tax authorities granting access to inhabited premises is incompatible with the right to respect for individuals’ homes.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
House search / Investigation, fiscal / Judicial authorisation / Reason, obligation, scope / Judicial review.
By prescribing that special investigative measures may be ordered for a great majority of criminal offenses foreseen by the Criminal Code, including offenses not carrying elements of serious criminal offenses, the legislator failed to ensure that the interference with the right referred to in Article 8 ECHR would be limited to the extent that is necessary for the preservation of democratic... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Special investigative measures, application, length.
There is a violation of the right to freedom of expression in the impugned decisions where the ordinary courts found the appellant guilty of committing the criminal offense of inciting national, racial or religious hatred, discord or hostility, since the courts failed to strike a fair balance between the protection of the appellant’s right to freedom of expression and the protection of the... Read more
3.16
General Principles - Proportionality.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Special investigative measures, application, length.
It is permitted to invalidate a voter’s ID card if the voter, summoned by public notice, does not attend the electoral review process for compulsory biometric registration. The exercise of the right to vote is an essential component of a representative democracy and electoral enlistment and its periodic review are indispensable for exercising the right to vote in an orderly and secure manner. The... Read more
3.1
General Principles - Sovereignty.
3.3.2
General Principles - Democracy - Direct democracy.
4.9.1
Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting.
4.9.7.1
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Electoral rolls.
4.9.9.4
Institutions - Elections and instruments of direct democracy - Voting procedures - Identity checks on voters.
4.9.13
Institutions - Elections and instruments of direct democracy - Judicial control.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
Election, code, general principles / Election, control, identity card / Election, democracy, participatory / Election, electoral right, protection / Election, law, electoral / Election, vote, right, obligation / Election, voters' list, inaccuracies / Identity card, biometric data, storage / Vote, procedure, protocol / Voting, irregularity.
The sacrifice of animals in the rituals of African religions is constitutional. Admitting the practice of immolation and sacrifice of animals in the rituals of African religions does not mean to inhibit the protection of animals mentioned in Article 225.1.VII of the Constitution. The principle of secularism of the State prohibits the contempt or suppression of rituals, especially regarding... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
4.8.4.2
Institutions - Federalism, regionalism and local self-government - Basic principles - Subsidiarity.
4.8.8.1
Institutions - Federalism, regionalism and local self-government - Distribution of powers - Principles and methods.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
5.5.5
Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights.
Sacrifice, ritual / Religion, activity, freedom / Religion, belief, protection / Religion, custom / Religion, free exercise / Religion, religious plurality / Religion, right to practice, burden / Animals, cruelty, prevention / Animals, protection / Cult, practice / Freedom of worship / Heritage, cultural, protection / Legislator, omission / Sacrifice, animals.
A literal and systematic interpretation of Articles 27.1 and 53 of the Federal Constitution reveals that the State deputies are entitled to formal and material immunities and the inviolability granted by the constitutional conventioneer to federal deputies since they were expressly extended to State deputies by Article 27.1 of the Constitution. Affirming the legislative’s prerogative to uphold... Read more
2.3.7
Sources - Techniques of review - Literal interpretation.
2.3.8
Sources - Techniques of review - Systematic interpretation.
4.5.3.4.3
Institutions - Legislative bodies - Composition - Term of office of members - End.
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
4.5.9
Institutions - Legislative bodies - Liability.
4.5.11
Institutions - Legislative bodies - Status of members of legislative bodies.
4.8.8.1
Institutions - Federalism, regionalism and local self-government - Distribution of powers - Principles and methods.
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
Arrest and detention, safeguard / Freedom of expression / Freedom of opinion / Immunity, parliament, deputy / Parliament, member, immunity, limit / Parliament, member, infringement of privileges.
The prohibition or restriction of individual private transport activities provided by a driver registered in an application is unconstitutional because it violates the principles of free enterprise and free competition, social value of work, professional freedom, and consumer protection. Granting permits only to a limited group of individuals, as is the case for taxi services, restricts the... Read more
3.25
General Principles - Market economy.
5.2.1.2.1
Fundamental Rights - Equality - Scope of application - Employment - In private law.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
5.4.7
Fundamental Rights - Economic, social and cultural rights - Consumer protection.
Equality, professional / Profession, freedom to exercise, regulation / Transport, passenger, private / Transport, taxi / Protected profession, application.
The suspension of political rights provided under Article 15.III of the Federal Constitution applies in the case a prison sentence is replaced by punishment of restraint of rights. There is no arbitrariness in the fact that the Constitution itself exceptionally establishes the possibility, whether temporary (in the event of suspension) or permanently (in the event of forfeiture), of impeding the... Read more
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
3.17
General Principles - Weighing of interests.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.1.4.1
Fundamental Rights - General questions - Limits and restrictions - Non-derogable rights.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Conviction, criminal / Deprivation of liberty / Exercise of rights, statutory determination, manner / Political rights, loss / Res judicata / Sentence, custodial, purpose / Sentencing, circumstance, consideration / Suspension of rights / Right and freedom, statutory limitation, requirement.
In principle, the State cannot be required to provide medicines that are not registered with the National Health Surveillance Agency (hereinafter, "Anvisa"), unless Anvisa exceeded the reasonable amount of time needed for a registration request (Law no. 13.411/2016), the drug is registered by a renowned regulatory authority abroad and no comparative therapeutic alternative is registered in... Read more
3.5
General Principles - Social State.
3.18
General Principles - General interest.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Drug, pharmaceutical, conditioning and dispensing, licence / Drug, licensing / Drug, supply, right / Drug, testing / Health care, cost-free / Health facility, access / Health, medical aid, free / Health, public, principle of precaution / Health, public, protection / Health, public health, public interest / Human dignity, protection / Human life, intrinsic value / Medicine, supply / Medicine, trade / Treatment, humane, right / Treatment, medical, compulsory / Treatment, medical, refusal.
The burden of documentary and probative demonstration of unhealthy circumstance was reversed by forcing pregnant and nursing women to provide this proof and undermines the full protection of the constitutionally protected interest of maternity and child health, making the exercise of the rights of pregnant and nursing employees more difficult. The protection of pregnant or nursing women in... Read more
3.5
General Principles - Social State.
5.1.2
Fundamental Rights - General questions - Horizontal effects.
5.2.1.2.1
Fundamental Rights - Equality - Scope of application - Employment - In private law.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Child, best interest / Human body, protection / Employment, pregnancy, medical certificate / Employment, nursing, medical certificate / Pregnancy, grave danger / Working conditions, unhealthy activity / Unconstitutionality, incidenter tantum / Nursing employee / Employment, maternity, protection, social right / Employment, pregnancy, arbitrary dismissal.
The Federal Constitution provides for the criminalisation of homo-transphobic practices. Thus, the lack of a law criminalising such acts amounts to a default of the National Congress.
2.2.2.1.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution - Hierarchy attributed to rights and freedoms.
2.3.4
Sources - Techniques of review - Interpretation by analogy.
3.10
General Principles - Certainty of the law.
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.2
Fundamental Rights - Equality - Criteria of distinction - Race.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Discrimination / Gender identity, determination / Government, failure to act, homophobia / Homosexual, orientation / Human dignity, violation / Prejudice, serious / Racism, social dimension / Religion, activity, freedom / Religion, free exercise / Sexual orientation / Transsexuality, homosexual orientation.
A relevant aspect of the presumption of innocence is to not treat people without a conviction as if they were guilty and using coercive means to force people into interrogation violates this principle. The bench warrant in the course of criminal prosecution has become obsolete because the Federal Constitution of Brazil includes the defendant's right to stop answering questions without being... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.3.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts -
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.13.17
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.
5.3.13.23.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself.
Coercion, improper / Coercive measure / Due process, procedural / Evidence, illegally obtained, admissibility / Evidence, right of the defence / Interrogation, injury, investigation, requirement / Liability, for other person’s acts.
The detention of children and adolescents for investigative purposes is not in line with the right to freedom of movement, dignity and respect.
2.1.1.4.2
Sources - Categories - Written rules - International instruments - Universal Declaration of Human Rights of 1948.
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
2.1.1.4.15
Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Arrest, warrant / Arrest, without warrant / Child, care and custody / Child, interests, priority / Child, protection / Children and youth, protection, general interest / Minor, detention / Minors, protection / Movement, restriction / Right of movement.
The outsourcing of a company's core or final activities is legal, as it is based on the constitutional principles of free enterprise and free competition.
3.25
General Principles - Market economy.
3.26
General Principles - Fundamental principles of the Internal Market.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.8
Fundamental Rights - Economic, social and cultural rights - Freedom of contract.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Competition, economic, encouragement / Competition, economic, protection / Competition, freedom / Competition, protection / Competitor, treatment, equality / Economic activity / Economic activity, exercise of, limit / Economic activity, freedom / Economic situation, adjustment / Economy, state intervention / Economy, state regulation / Efficiency, economic / Entrepreneur, market, equal position / Entrepreneur, person, natural or legal / Entrepreneur, status, equal / Liability, civil / Liability, criminal / Liability, for other person’s acts.
The power to impose and assess property tax is vested in the National Assembly. It is a non-delegable power under the Constitution. A purported delegation, affected by making the property tax contingent upon the use of property and hence making property tax contingent upon income tax, to the Executive was thus unconstitutional.
Civil servants are to be politically impartial and to act only... Read more
3.4
General Principles - Separation of powers.
4.6.9
Institutions - Executive bodies - The civil service.
4.10.7
Institutions - Public finances - Taxation.
Taxation, property / Taxation, imposition by appropriate authority / Civil servant, employment / Civil servant, employment, termination.
The State Fund for Guaranteeing the Stability of the State Pension System is not a social security fund. It is part of the State budget. It exists to provide necessary financial support should there be a shortfall in the Pensions Fund. Any temporary ceiling on revenue from individual sources to this Fund shall be subject to discretionary legislation.
The exercise of the right to pension is not... Read more
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Status, state pension / Pension, right to receive / Pension, compatibility with public office.
Judicial independence is a fundamental feature of the Constitution. The Constitution also entrenches the reputation or prestige of the judiciary is a separate constitutional value. The framers of the Constitution took specific steps to protect that value, requiring the removal from office of any judge, prosecutor or investigating officer who harm the reputation or prestige of the judiciary.... Read more
3.4
General Principles - Separation of powers.
4.7.16.2
Institutions - Judicial bodies - Liability - Liability of judges.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
Judiciary, independence / Judiciary, reputation / Judicial office, removal.
Under Section 9 of the Canadian Charter of Rights and Freedoms, "[e]veryone has the right not to be arbitrarily detained or imprisoned". A detention requires significant physical or psychological restraint. Even absent a legal obligation to comply with a police demand or direction, and even absent physical restraint by the state, a detention exists in situations where a reasonable person in the... Read more
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
Detention, point of / Evidence, obtained illegally, exclusion.
Under Section 11.f of the Canadian Charter of Rights and Freedoms, "[a]ny person charged with an offence has the right […] except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment". Section 130.1.a of the National Defense Act... Read more
4.7.11
Institutions - Judicial bodies - Military courts.
5.3.13.10
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial by jury.
Armed forces, service offence, jury / Right to trial by jury, military exception, constitutionality.
The best interest of the child is a governing principle of law that prevails over any other provision of law, administrative or judicial decision that contests it, except in very qualified cases.
Article 41 of the Constitution establishes that justice shall be prompt, effective, not denied, and in accordance with the laws. When it comes to vulnerable people such as minor victims of sexual abuse,... Read more
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Criminal proceedings, victim / Child's interests, overriding nature / Child or juvenile, sexual abuse, protection / Child, rape, trial, delay, justification / Criminal justice, effectiveness / Criminal proceedings, guarantees.
Unilateral declarations containing no undertaking to re-open investigation in cases where such re-opening was de jure or de facto impossible
Re-opening an investigation cannot be required when there are de jure obstacles thereto.
Re-opening obligation may be in conflict with the ne bis in idem principle in accordance with Article 4 Protocol 7 ECHR or in conflict with... Read more
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
Unilateral declaration, government, violation, compensation / Re-opening of criminal investigation, obligation / Re-opening of criminal investigation, de jure or de facto obstacles / Unilateral declaration, exceptional procedure.
Presence of an official during consultations between prisoner and his lawyer
Proceedings brought by prison authorities, requesting presence of official during prisoner’s consultations with lawyer, held without oral hearing or seeking submissions
An individual's oral communications with his or her lawyer in the context of legal assistance falls within the scope of private life since the purpose... Read more
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.9
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public hearings.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Lawyer, client, confidentiality of communications, protection / Civil character right, scope / Civil character right, lawyer, client, oral communications / Lawyer, client, communication, civil right, aspect / Private life, lawyer, client, oral communications.
Recognition in domestic law of a legal parent-child relationship between a child born through a gestational surrogacy arrangement abroad and the intended mother
The European Court of Human Rights has no jurisdiction either to assess the facts of a case or to evaluate the merits of the parties' views on the interpretation of domestic law in light of Convention law, or to rule on the outcome of... Read more
1.5.4.2
Constitutional Justice - Decisions - Types - Opinion.
3.19
General Principles - Margin of appreciation.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.33.1
Fundamental Rights - Civil and political rights - Right to family life - Descent.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Child, best interests / Child, father, intended / Child, mother, intended / ECHR, Protocol 16, opinion, advisory, scope / Filiation, gestational surrogacy, abroad, intended mother / Filiation, recognition, child, best interests / Private life, right / Surrogacy, abroad.
A refusal to allow a prisoner convicted of terrorist offences to leave prison under escort may be proportionate when the judicial authorities carry out a balancing exercise between the interests at stake, namely the applicant’s right to respect for her family life on the one hand and public safety and the prevention of disorder and crime on the other.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Prison, leave, escorted, authorisation / Prison, leave, escorted, security, risk.
Infringement proceedings against Azerbaijan for failure to abide by final judgment of the European Court
In this first judgment in an infringement procedure the Court determines whether a State has fulfilled its obligation under Article 46.1 ECHR to abide by a final judgment of the Court.
The infringement proceedings were not intended to upset the fundamental balance between the Committee of... Read more
1.6.6
Constitutional Justice - Effects - Execution.
European Court of Human Rights, judgment, execution / European Court of Human Rights, judgment, final judgment / Execution, judgment, good faith / Execution, proceedings, legal basis / Judgment, execution, law / Restitutio in integrum.
Defence denied access to mass of data and involvement in its electronic sifting by prosecution when gathering relevant information for investigation
In principle it is appropriate for the defence to be afforded the possibility of conducting a search for potentially exculpatory evidence. Any refusal to allow the defence to have further searches in the documents available to the prosecution can... Read more
5.3.13.8
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file.
5.3.13.26
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to have adequate time and facilities for the preparation of the case.
Defence, documents, relevant / Defence, documents available to prosecution, access, request, specific.
Reducibility of a whole-life prison sentence imposed for leadership of a Mafia organisation depended on cooperation with the police
The sentencing regime applied to the applicant amounted to an excessive curtailment of his Convention right to a review of his life sentence with the possibility of release.
Italy should provide for the possibility of introducing a review of the life sentence... Read more
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Punishment, reducibility, conditions / Prisoner, "whole life" imprisonment / Prisoner, release, prospect / Prisoner, police, cooperation, condition for early release.
Alleged failure to conduct effective investigation into road-traffic accident in which an individual sustained unintentional life-threatening injuries
The Court clarifies, when there has been a car accident causing life-threatening injuries, whether the State's procedural obligations are to be drawn from Articles 2, 3 or 8 ECHR.
As to Article 3 ECHR, while intention would generally be only one... Read more
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Accident, road traffic, unintentional life-threatening injuries / Investigation, effective.
A court's decision to impose a fine for contempt of court is an individual act within the meaning of the Constitutional Act on the Constitutional Court. The Constitutional Court has the duty to provide constitutional law protection in relation to that act.
1.3.5.12
Constitutional Justice - Jurisdiction - The subject of review - Court decisions.
3.16
General Principles - Proportionality.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Complaint, constitutional, admissibility / Contempt of court, penalty, appeal.
The use of firearms by police officers in exceptional circumstances regulated by law does not result in a violation of the right to life. The use of firearms is regulated as the ultimate means to attain the legitimate aim of arresting a person suspected of committing a very serious violent criminal offence or in exceptional circumstances preventing their escape. A legal framework is provided for... Read more
3.16
General Principles - Proportionality.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Police, firearms, use, exceptional cases / Police, powers, supervision.
The opinion of the session of judges of the High Administrative Court to the effect that each party bears its own costs where administrative acts which were the subject of an administrative dispute have been annulled and the case has been remanded is unacceptable from a constitutional law perspective.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Administrative dispute / Proceedings, costs, reimbursement.
The imposition of a certain financial obligation on individual economic entities does not necessarily result in a deprivation or restriction of the right to property or of entrepreneurial freedoms of those to whom it is addressed. The statutory regulation of the manner of the execution of financial obligations of participants in market relations and the fact that their fulfilment creates certain... Read more
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.25
General Principles - Market economy.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Audit, mandatory / Market equality.
The requirement that, for the appointment of an acting head of an unsuccessfully financially recovered public institution, prior consent must be obtained from the Minister at the Ministry of Health which had adopted the programme of the unsuccessful financial recovery, constituted a restriction of the constitutional right of local and regional self-government units to administer their own... Read more
3.21
General Principles - Equality.
4.8.4.1
Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.
Local and regional self-government, restrictions / Public institution, acting director, appointment.
Legislation governing the equal official use of the language and script of a national minority in the territory of a particular municipality or town must be interpreted narrowly and must not abolish the essence of the right granted to the national minority by that Act. Exceptions to the legislation may not be abused in a manner which constitutes a mere promise of rights for members of national... Read more
4.3.4
Institutions - Languages - Minority language(s).
5.2.2.10
Fundamental Rights - Equality - Criteria of distinction - Language.
5.3.40
Fundamental Rights - Civil and political rights - Linguistic freedom.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
Minority, language, local government, official use.
Ordinary individuals use electronic communication services in many circumstances and voluntarily accept that a certain amount of data will be held on them. It would be unwise to tolerate a state of affairs where service providers have user data and the state authorities do not. The general retention of traffic and location data represents an effort on the part of the state to keep up with the... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.36.2
Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications.
5.3.36.3
Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications.
Data, personal, collecting, processing / Telecommunication, confidentiality, regulations.
Any verbal expression of opposition to an assembly, its goals and the opinions of its participants falls under the constitutionally protected freedom of expression under the Charter of Fundamental Rights and Freedoms. A call under the relevant legislation by the police forbidding a person from entering the route of the Prague Pride parade for a defined period of time will be in breach of the... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Demonstration, opponent, protest / Demonstration, policing.
Under the Constitution, any judicial decision which is so designated by the legislature constitutes a judgment; this also applies to certain judicial decisions which are identified otherwise by the statutory rules of procedure.
The public pronouncement of any judgment in accordance with the Constitution may also be made through the official notice boards of the court (including electronic notice... Read more
3.17
General Principles - Weighing of interests.
5.3.13.8
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file.
5.3.13.11
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public judgments.
5.3.13.12
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the decision.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.37
Fundamental Rights - Civil and political rights - Right of petition.
Judgment, reasoning, publication / Supreme Administrative Court.
Legislative provisions whereby the only decisions excluded from judicial review are those which dismiss an application for citizenship on the grounds of classified information indicating that the applicant is a threat to national security, cannot be considered a manifestation of arbitrariness by the legislature. Neither can they be considered inconsistent with the principle of democratic rule of... Read more
1.3.5.13
Constitutional Justice - Jurisdiction - The subject of review - Administrative acts.
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
3.22
General Principles - Prohibition of arbitrariness.
4.11.3
Institutions - Armed forces, police forces and secret services - Secret services.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.8
Fundamental Rights - Civil and political rights - Right to citizenship or nationality.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Information, classified, access, court / Foreigner, citizenship, application / National security, threat.
Where evidence is provided that the Sámi language could be considered to be the first learnt language of a grandparent of a person, leading to the fact that at least one of the parents of the person could be included as an eligible voter in the Sámi Parliament elections, the decision to include that person to the electoral roll pursuant to article 3.3 of the Act of the Sámi Parliament is not... Read more
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
4.3.4
Institutions - Languages - Minority language(s).
4.9.6
Institutions - Elections and instruments of direct democracy - Representation of minorities.
4.9.7.1
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Electoral rolls.
5.3.33.1
Fundamental Rights - Civil and political rights - Right to family life - Descent.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.5.5
Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights.
Appeal, extraordinary / Preconditions, annulment / Indigenous people / Sámi, definition / Self-identification, group acceptance / Sámi Parliament elections, overall evaluation / UN Human Rights Committee, international convention, breach.
The case concerned the preconditions for annulment of prior decisions of the Supreme Administrative Court regarding inclusion of persons in the electoral roll of the Sámi Parliament under circumstances where the UN Human Rights Committee had found that the Court had made assessments that were in violation of the International Covenant on Civil and Political Rights.
The decisions awarded by an... Read more
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
2.1.2.2
Sources - Categories - Unwritten rules - General principles of law.
2.1.3.2.3
Sources - Categories - Case-law - International case-law - Other international bodies.
2.3.1
Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion.
4.3.4
Institutions - Languages - Minority language(s).
4.9.6
Institutions - Elections and instruments of direct democracy - Representation of minorities.
4.9.7.1
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Electoral rolls.
5.3.33.1
Fundamental Rights - Civil and political rights - Right to family life - Descent.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.5.5
Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights.
Extraordinary appeal, preconditions, annulment / Indigenous people, Sámi, definition, self-identification, group acceptance, overall evaluation / Sámi Parliament elections / UN Human Rights Committee, international convention, breach.
The provisions of the Law on budgetary planning and the reform of the judicial system in question that seek, on an experimental basis for a period of three years, to authorise family allowance funds (caisses d’allocations familiales) to issue enforceable decisions concerning the modification of the amount of a contribution to child upkeep and educational support are unconstitutional.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
5.3.36.3
Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications.
Judiciary, impartiality, constitutional principle / Correspondence secrecy, effectiveness / Right of defence / Equality before the law / Equality, criminal proceedings.
The conditions under which the State allocates to municipalities the resources required in order to reduce the compulsory school age to the age of three, instead of six, are not unconstitutional.
The principle of equality does not prevent the legislator from regulating different situations in different ways or from departing from the principle of equality in the public interest, provided that in... Read more
4.8.7.2
Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Arrangements for distributing the financial resources of the State.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
School, compulsory schooling.
The provisions establishing a register of foreign nationals who have declared themselves to be unaccompanied minors are constitutional. They do not violate the constitutional requirement of protection of the overriding interests of the child and the right to privacy.
These provisions have neither the purpose nor the effect of altering, inter alia, the possibility to challenge a decision... Read more
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.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Register, foreign national, minor.
The changes made to the conditions of exercise of the right to strike are not disproportionate, regard being had to the objective pursued by the legislator, and do not violate the seventh recital of the Preamble to the 1946 Constitution, which provides "the right to strike shall be exercised within the framework of the laws regulating it".
5.4.10
Fundamental Rights - Economic, social and cultural rights - Right to strike.
Civil service, continuity.
The harm emanating from drugs that do not cause individuals to become addicted quickly and/or cause aggressive behaviour when used was not sufficient to justify the imposition of a sentence of imprisonment. Imprisonment was a disproportionate response to the level of harm they posed.
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.
Drug, narcotic, single use / Detention, administrative / Prison sentence / Public health, protection / Public order / Security.
For the ninth European elections on 26 May 2019, the provisions of the European Elections Act governing the exclusions from voting rights of persons placed under full guardianship and of offenders confined, for lack of criminal responsibility, in a psychiatric hospital must not be applied.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Discrimination / Exclusion from voting rights / Suffrage, universal.
1. Under specific circumstances, Article 3.1 of the Basic Law may give rise to requirements pertaining to the right to equality in the context of relationships between private actors. Whether and to what extent this also affects civil law claims vis-à-vis operators of social networks has not yet been clarified in the case-law of civil courts or of the Federal Constitutional Court.
2. At least... Read more
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
3.17
General Principles - Weighing of interests.
3.22
General Principles - Prohibition of arbitrariness.
5.1.2
Fundamental Rights - General questions - Horizontal effects.
5.2.1
Fundamental Rights - Equality - Scope of application.
5.4.8
Fundamental Rights - Economic, social and cultural rights - Freedom of contract.
Injunction, preliminary / Jurisdiction, constitutional, court decisions, private law disputes / Practical concordance, balancing / Equality, private actors, application / Fundamental rights, private law, application / Ripple effect, fundamental rights.
1. For issuing a preliminary injunction, summary review is, in principle, unobjectionable under constitutional law. However, if a violation of legal interests is imminent, the review must be more thorough. In exceptional cases, regular courts may be obliged to examine the case conclusively.
2. In particular, injunctive relief must be granted if an applicant would otherwise suffer a substantial,... Read more
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Effective judicial protection, right / Injunction, preliminary / Tax, recovery, enforced.
1. The requirement under the third sentence Article 80.1 of the Basic Law that an ordinance state its legal basis also applies to subdelegated ordinances pursuant to the fourth sentence of Article 80.1 of the Basic Law. A subdelegated ordinance must state its direct legal basis, which is set out in the subdelegating ordinance. A subdelegating ordinance must name the statute authorising the... Read more
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Effective judicial protection, right / Ordinance, issue, content.
A violation of the right to one’s lawful judge may arise in certain cases where a regular court refrains from making a referral to the Federal Constitutional Court pursuant to Article 100.2 of the Basic Law.
2.1.2.2
Sources - Categories - Unwritten rules - General principles of law.
4.18
Institutions - State of emergency and emergency powers.
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.
Customary international law, general principle / Government bonds, foreign, default / Judge, lawful / Judge, lawful, right to / State necessity, economic / State necessity, invocation towards private creditor / State necessity, plea under international law, general legal principle.
Rent-control at the beginning of a tenancy as laid down in § 556d.1 of the Civil Code does not violate the guarantee of private property, freedom of contract and the general guarantee of the right to equality.
5.2
Fundamental Rights - Equality.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.8
Fundamental Rights - Economic, social and cultural rights - Freedom of contract.
Ordinance, issue, content / Real estate, lease, limitations / Rent, pricing, regulation / Rent, regulated.
1. The Europeanisation of domestic administration organisation and the establishment of independent bodies and agencies of the European Union require a minimum degree of democratic legitimation and scrutiny (third sentence of Article 23.1 in conjunction with Article 79.3 in conjunction with Article 20.1 and 20.2 of the Basic Law).
2. Article 20.1 and 20.2 of the Basic Law allow for modifications... Read more
3.1
General Principles - Sovereignty.
3.3.1
General Principles - Democracy - Representative democracy.
4.17.1.5
Institutions - European Union - Institutional structure - Court of Justice of the European Union.
4.17.1.6
Institutions - European Union - Institutional structure - European Central Bank.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
Act, ultra vires, European Union.
Prosecution of individual for alleged historical sexual offences can proceed, notwithstanding fact that statutory provisions underpinning offence has been repealed.
1.1.1.1.1
Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution.
1.2.2.1
Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.3.5.5.1
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law - Laws and other rules in force before the entry into force of the Constitution.
1.4.9.1
Constitutional Justice - Procedure - Parties -
1.6.5.4
Constitutional Justice - Effects - Temporal effect -
3.4
General Principles - Separation of powers.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Accused, guarantees / Accused, procedural rights / Accused, right / Administration of justice / Locus standi, establishment, burden / Locus standi, establishment, criteria / Locus standi, constitutional / Offence, criminal, elements, essential / Repealed act, appeal, status / Sexual abuse, child / Sexual abuse, minor.
Actions of a parliamentary committee, as a whole were unlawful in circumstances where a witness was invited to appear on one basis but committee acted on a significantly different basis contrary to the right of the witness to fair procedures and natural justice.
1.2.2.1
Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person.
3.4
General Principles - Separation of powers.
4.5.2.2
Institutions - Legislative bodies - Powers - Powers of enquiry.
4.5.2.3
Institutions - Legislative bodies - Powers - Delegation to another legislative body.
4.5.4.4
Institutions - Legislative bodies - Organisation - Committees.
4.5.6.5
Institutions - Legislative bodies - Law-making procedure - Relations between houses.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.13.1.5
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Non-litigious administrative proceedings.
Case-law, development, respect for constitutional guarantees and rights / Parliament, ability to function, protection / Parliament, action, internal / Parliament, autonomy, principle / Parliament, committee, enquiry / Parliament, committee, hearing / Parliament, inviolability / Parliament, immunity / Parliament, member, defamation against private persons / Parliament, member, infringement of privileges / Parliament, member, privileges and immunities / Parliament, member, right to request information, condition / Parliamentary privilege / Personal privacy, right / Separation of powers / Separation of powers, checks and balances.
Refusal to provide reason to applicant seeking naturalisation on basis of national security grounds unjustified. Mechanism by which pertinent information relative to the Applicant’s application must be put in place to safeguard Applicant’s interests and those of the State in relation to legitimate national security grounds.
1.2.2.1
Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.4.12
Constitutional Justice - Procedure - Special procedures.
4.6
Institutions - Executive bodies.
5.3.8
Fundamental Rights - Civil and political rights - Right to citizenship or nationality.
5.3.13.8
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file.
Judicial review / Naturalisation, rejection / National security, information / National security, protection.
When a constitutional amendment violates existing constitutional principles, such as electoral and political speech rights, invalidity does not automatically follow. The essence of the law, its purpose and balancing mechanisms within the new law should be weighed against the gravity of the violations.
4.1
Institutions - Constituent assembly or equivalent body.
4.5.3.4.3
Institutions - Legislative bodies - Composition - Term of office of members - End.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Constitution, amendment, validity / Election, equality of votes / Election, voters, equality.
A military commander is permitted to order the temporary burial of the bodies of terrorists during the course of armed conflict for the purpose of future negotiations for the return of national soldiers and citizens. Due regard should be given to the dignity of the deceased and his or her family.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
4.11.1
Institutions - Armed forces, police forces and secret services - Armed forces.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
Terrorism / Armed conflict / Burial, decent, right / Terrorism, negotiation / Interpretation in accordance with the constitution / International human rights law / Human dignity.
The lack of an alternative to detention for detainees suffering from supervening mental illness violates the fundamental right to health enshrined in Article 32 of the Constitution, and may constitute inhumane or degrading treatment.
The law must provide for measures alternative to incarceration that courts can order on a case-by-case basis as and when necessary, modifying the detention regime... Read more
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.5.4.1
Constitutional Justice - Decisions - Types - Procedural decisions.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Conviction, prison, alternative measure to incarceration / House arrest, "humanitarian" house arrest / Detainee, supervening serious psychiatric disorder.
The principle that sentences must be proportional to the seriousness of the offence and sufficiently tailored to the individual circumstances applies also to administrative penalties in general. The combination of an exceptionally severe fine with another sanction that is also "punitive" in nature (specifically, the confiscation of the product along with the assets used to commit the offence)... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.16
General Principles - Proportionality.
Market Abuse / Administrative sanctions / Confiscation, lack of flexibility in determining the amount of the measure / Fixed measure / Automatic legislative sentencing mechanisms / Confiscation, mandatory, assets used to commit the offence, profits, product / Criminal principles, applicable, administrative penalties / Proportionality, applicability, punitive sanctions.
A finding of unconstitutionality of the domestic legislation – which does not recognise an accused’s right to silence in proceedings that, although formally administrative in nature, entail the imposition of sanctions of a substantially punitive nature – would risk creating a conflict with EU law, since the domestic legislation in question stemmed from obligations incumbent on Italy under EU... Read more
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.2.1.6.3
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.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
5.3.13.23
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent.
Market Abuse / Administrative sanctions, sanctions of "punitive" nature / Relationship, National constitutional courts, Court of Justice of the European Union.
Compensation equivalent to the loss actually suffered, despite being different from the annulment generally available to administrative courts, is in any event able, in the case of disciplinary sanctions issued by tribunals with jurisdiction in the sports justice system, to meet the constitutional requirement of the necessary judicial protection of legitimate interests.
2.1.1.1
Sources - Categories - Written rules - National rules.
3.9
General Principles - Rule of law.
3.20
General Principles - Reasonableness.
4.7.9
Institutions - Judicial bodies - Administrative courts.
4.7.13
Institutions - Judicial bodies - Other courts.
4.14
Institutions - Activities and duties assigned to the State by the Constitution.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
5.3.13.2
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.
Constitution, pluralist structure / State system, openness, other systems / Sports, legal order / Sports, justice system / Relations, national legal orders, autonomous legal orders / Decisions, disciplinary / Measures, administrative / Remedies, judicial, limitations / Damage, compensation / Annulment, alternative.
Limiting the consecutive terms an individual may serve is a principle with broad application for public positions and with general scope in the more specific sphere of professional associations. The purposes (turnover and alternation to prevent the crystallisation of power within the association) of limiting re-election are legitimate and equality-driven. The substantive meaning of equality would... Read more
4.7.12
Institutions - Judicial bodies - Special courts.
4.7.15.1.1
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Organisation.
4.7.15.1.4
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Status of members of the Bar.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.29
Fundamental Rights - Civil and political rights - Right to participate in public affairs.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
5.4
Fundamental Rights - Economic, social and cultural rights.
Elections, National Bar Council, third consecutive term, prohibition.
Article 16 of the Constitution states that all citizens’ residences shall be free from intrusion. It specifically requires the presentation of a warrant before a residence is subject to search or seizure. To obtain such a warrant it is thus necessary to establish on the balance of probabilities that the property contains evidence capable of proving criminal charges. In exceptional circumstances,... Read more
1.5.4
Constitutional Justice - Decisions - Types.
3.12
General Principles - Clarity and precision of legal provisions.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
Railway union, strike / Interference, business / Obstruction, official duty, righteous performance / Obstructing police officers / Arrest warrant, search / Warrant requirement, exception, emergency situation / Constitution, nonconformity, temporary application.
Constitutionally protected conscience refers to a strong and sincere belief in the preservation of an individual’s personal worth in respect of judgments of right and wrong. In other words, ‘conscientious decisions’ are those that an individual accepts must be obeyed unconditionally. As such, an individual cannot act against it without creating a serious crisis of conscience. Where a category of... Read more
1.5.4
Constitutional Justice - Decisions - Types.
3.16
General Principles - Proportionality.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.26
Fundamental Rights - Civil and political rights - National service.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
Military service, conscience, conflict / Conscientious objector, alternative service / National security / Military duty, equity, fairness / Spirit of democracy, tolerance, diversity.
Pension benefit prescribed by the Public Officials Pension Act is intrinsically a social security benefit paid to maintain a stable livelihood for, and the welfare of, retired public officials and their families. It is thus a right exclusive to a specific person. As such it is inappropriate to see it as a private transaction. The seizure of it must therefore be prohibited. The Public Officials... Read more
3.16
General Principles - Proportionality.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.34
Fundamental Rights - Civil and political rights - Right to marriage.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Pension, public officials / Seizure, ban, restriction / Creditor, protection / Child custody, joint responsibility / Credit, child support / Conflict of interests, pension recipient, creditor / Child determination, ordinary court.
Granting competence to the Independent Oversight Board for Civil Service of Kosovo for overseeing the selection of civil servants at management level (including cases with no "conflict"), but not other categories of civil servants, is not in compliance with the constitutional right to equality before the law.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
4.6.9.1
Institutions - Executive bodies - The civil service - Conditions of access.
4.12.2
Institutions - Ombudsman - Guarantees of independence.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Constitutional institution, independence / Independent Oversight Board for Civil Service of Kosovo, scope / Ombudsperson, immunity, limit.
The establishment of the state delegation as a "special mechanism" provided for by Law which determines and changes the institutional constitutional and decision-making hierarchy in the dialogue with another state, is not compatible with the form of government and separation of powers and competences of the Assembly, the Government and the competences of the Prime Ministers as provided for by the... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.4
General Principles - Separation of powers.
4.8.8.5
Institutions - Federalism, regionalism and local self-government - Distribution of powers - International relations.
4.13
Institutions - Independent administrative authorities.
State delegation, establishment / State delegation, scope / Mechanism, special / Foreign policy, representation.
If a civil lawsuit is brought against a Kyrgyz citizen, the unreasonable restriction of a citizen’s right to freedom of movement and to departure from the Kyrgyz Republic before the end of the proceedings, as provided in Article 46.8 of the Law on External Migration, is a violation of the right to freedom of movement, and choice of place of residence and inhabitation in the Kyrgyz Republic. The... Read more
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
5.1.1.1.1
Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.7
Fundamental Rights - Civil and political rights - Right to emigrate.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.10
Fundamental Rights - Civil and political rights - Rights of domicile and establishment.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
Migration / Right to departure / Choice of residence / Freedom of travel / Temporary restriction to leave the country.
Granting legal immunity to certain officials who have a constitutional-legal status and are engaged in meaningful state functions qualifies as a purpose of the fulfilment of constitutionally significant tasks affecting the public interest which in turn is a legitimate ground of derogation from the principle of equality.
The immunity of a former President is a logical continuation and integral... Read more
2.1.2.2
Sources - Categories - Unwritten rules - General principles of law.
3.4
General Principles - Separation of powers.
3.6.1
General Principles - Structure of the State - Unitary State.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
3.22
General Principles - Prohibition of arbitrariness.
4.4.3.3
Institutions - Head of State - Powers - Relations with judicial bodies.
4.4.5.4
Institutions - Head of State - Term of office - End of office.
4.4.6.1.1.1
Institutions - Head of State - Status - Liability - Legal liability - Immunity.
4.4.6.1.1.2
Institutions - Head of State - Status - Liability - Legal liability - Civil liability.
4.4.6.1.1.3
Institutions - Head of State - Status - Liability - Legal liability - Criminal liability.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Former President, status / Former President, immunity / Equality.
A higher level of protection in civil lawsuits enhancing the protection of the honour and dignity of the President, as provided by Article 4 of the Law on Guarantees of the Activity of the President, and which is only based on the President’s specific official position, puts the other participants of the trial in an unequal position, which contradicts the constitutional principle of the equality... Read more
1.2.1.7
Constitutional Justice - Types of claim - Claim by a public body - Public Prosecutor or Attorney-General.
2.1.2.2
Sources - Categories - Unwritten rules - General principles of law.
3.9
General Principles - Rule of law.
3.19
General Principles - Margin of appreciation.
4.4.3.3
Institutions - Head of State - Powers - Relations with judicial bodies.
4.4.6
Institutions - Head of State - Status.
4.4.6.1.1.1
Institutions - Head of State - Status - Liability - Legal liability - Immunity.
4.7.4.3.1
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers.
4.7.4.3.6
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Status.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
President, protection of honour, dignity / President, authorised body, protection of honour, dignity / Consent to proceedings / Compensation, determination of amount.
According to section 63.2 Code of Civil Procedure, legal persons may only be granted legal aid if neither they nor their beneficial owner has sufficient funds to cover the costs of proceedings; if their case is neither obviously frivolous nor without any reasonable chance of success; and if any failure to bring an action or to defend against an action would be contrary to "general interests".... Read more
1.4.14.2
Constitutional Justice - Procedure - Costs - Legal aid or assistance.
Legal aid, grant to public limited company / Costs, security deposit.
Torture constitutes an infringement of human dignity. Consequently, its application is not covered by the criminal rules of limitation. This is so because:
a. the prohibition of torture stems from the principle of jus cogens in public international law as individual protection derives from human dignity, which is a legal value of the highest degree; and,
b. if domestic criminal law had... Read more
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
5.3
Fundamental Rights - Civil and political rights.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.38
Fundamental Rights - Civil and political rights - Non-retrospective effect of law.
5.3.38.1
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law.
Torture, human dignity, infringement / Punishment, non-retroactivity / International agreement, direct applicability / American Convention on Human Rights / Inalienable fundamental rights, limitation.
The regulation of private hire vehicle services based on digital platforms (Uber and Cabify) falls within the jurisdiction of the Congresses of the Mexican states. Yet there are limits on how this regulation can be organised within each territorial assembly.
The operating methods of digital transport companies must show due regard for rights whose aim is to preserve the balance between the... Read more
3.25
General Principles - Market economy.
5.2.1.2.1
Fundamental Rights - Equality - Scope of application - Employment - In private law.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Transport, passengers, private / Business activity, regulation / Software, transport service.
Where cannabis is concerned, the general rule is that the possession of substances derived from cannabis is covered by a legal prohibition which has always been applied without exception.
As to the constitutional right to free development of personality, this authorises everyone who has reached adulthood to determine the recreational or leisure activities he or she prefers without nonetheless... Read more
5.1
Fundamental Rights - General questions.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.43
Fundamental Rights - Civil and political rights - Right to self fulfilment.
Cannabis, consumption / Cannabis, possession, use / Personality, dignity, free development / Fundamental rights, criteria applied.
The legislation in force has established that access to this fundamental right will be differentiated according to the type of worker. Apart from civil servants and other categories of workers covered by special schemes, whose social protection is entrusted to other public establishments separate from the Mexican Institute of Social Security (IMSS) (namely the ISSSTE for bureaucrats and the... Read more
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
5.1.1
Fundamental Rights - General questions - Entitlement to rights.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
Service, domestic / Social security, undeclared employment / Employment, discrimination / Regulation, social, differentiation by gender.
The right of indigenous communities to manage their financial resources directly cannot be conditioned by consultation, since it is a protected constitutional right.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.8.7.3
Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Budget.
5.2.2.3
Fundamental Rights - Equality - Criteria of distinction - Ethnic origin.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.5.5
Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights.
Indigenous community, consultation, purpose / Indigenous community, self-governance / Indigenous community, financial resources / Indigenous community, municipalities.
Mechanisms which allow nationals living abroad to exercise their right to vote in local elections must be put in place by local congresses in order to address the circumstances of each state.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
Voting rights, exercise abroad, attribution, competence.
The constitutional principle of separation of Church and State requires that religious symbols must not be used in electoral propaganda.
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
4.9.8
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Religion, church, state, separation / Propaganda, electoral, religious symbols.
Political parties must monitor gender parity within their governing bodies, in order to assure effective female participation.
4.5.10
Institutions - Legislative bodies - Political parties.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
Political party, gender equality / Political party, gender, quota.
The dissemination of information on administrative procedures and community services is not considered to be electoral propaganda and is not considered to breach the principle of fair and impartial elections.
4.9.8
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material.
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.
Election, propaganda, prohibition / Information, impartial, dissemination / Electoral campaign, social media, limitation / Election, candidates, equal opportunities.
Social media is not regulated. It must be treated as a space of complete freedom. However, social media users are still subject to obligations and prohibitions in electoral matters, especially when they are directly involved in the electoral process.
4.9.8
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.23
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.
Election campaign, social media / Election, social media, regulation.
Execution of judgments forms an integral part of the right to fair trial under Article 6.1 ECHR. Furthermore, enforcement proceedings are matters that the law requires to be implemented speedily i.e., as a matter of urgency via a writ of execution.
Article 62 of the Constitution provides that everyone has the right to work, to freely choose their occupation and employment, to fair and humane... Read more
3.9
General Principles - Rule of law.
3.22
General Principles - Prohibition of arbitrariness.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Right to work, protection / Employment, contract / Writ of execution / Right to fair trial / Enforcement proceedings / Civil proceedings.
The State can only be held liable for acts committed during a UN Peacekeeping mission that can be construed as its own under international law. This liability is assessed according to general tort law, supplemented by Articles 2 and 3 ECHR.
4.6.10.1.2
Institutions - Executive bodies - Liability - Legal liability - Civil liability.
4.11.1
Institutions - Armed forces, police forces and secret services - Armed forces.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Liability, state basis / Peace-keeping missions / United Nations, peace-keeping force.
The Constitutional Tribunal held that it is not necessary to determine, in a statute, the maximum total period of pre-trial detention permissible after a court of first instance has issued its first judgment in a case.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
Detention pending trial, duration, extension, rules.
Members of the community made up of the minority indigenous peoples of the North are entitled to assign the right to hunt to one or more members of this community who are officially recognised as hunters. This right may be exercised to the extent necessary to meet personal needs. The products of hunting may be used for personal consumption or sold to organisations which trade in such products.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.5.5
Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights.
Traditional economic activities, indigenous people of the North / Right to hunt.
In determining what constitutes a reasonable timeframe for criminal proceedings for the victim, account must also be taken of the period from the day on which the offence is reported until the date when criminal proceedings commence.
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
Criminal proceedings / Criminal proceedings, commencement / Reasonable time.
Public authorities may not, without reason, refuse to allow public demonstrations citing failure to specify the security arrangements.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Public demonstration / Disturbance of law and order / Security arrangements.
All by-laws, general acts of organisations with delegated public powers, political parties, trade unions and civic associations and collective agreements must be in compliance with the law.
3.13
General Principles - Legality.
Education, academic staff / Education, higher / Education, school, teacher / Education, teacher, employment, system / Employment, contract, extension / Employment, termination, age / Employment, termination, conditions / Professor, university, age limit.
Criminal law is the measure of last resort by which a government may enforce its laws. The legislator must therefore exercise self-restraint in introducing new types of crimes or extending the definitions of existing types of crimes. Alternatives to encourage law obedience are preferable, where possible.
Criminal law provisions defining hate speech crimes are especially sensitive in this regard,... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.14
General Principles -
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Abstract review / Freedom of speech, restriction, justification / Hate speech, protected categories of people, exhaustivity / Extremist crimes, incitement.
Even where there is no basis for a court to overlook an unreasonable delay by the state in launching a judicial review of its own decision (state self-review), the court is nevertheless constitutionally compelled to declare the state’s conduct as being unlawful where the unlawfulness of such conduct is clear and undisputed. Justice and equity may, however, dictate that the state should not... Read more
1.2.1.4
Constitutional Justice - Types of claim - Claim by a public body - Organs of federated or regional authorities.
1.4.3.2
Constitutional Justice - Procedure - Time-limits for instituting proceedings - Special time-limits.
1.6.2
Constitutional Justice - Effects - Determination of effects by the court.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.18
General Principles - General interest.
3.22
General Principles - Prohibition of arbitrariness.
3.23
General Principles - Equity.
Delay, unreasonable, overlooking / Municipality, contract, award, illegal, honouring / Procurement, competitive, absence / Justice, interests.
Public officials who act in a representative capacity may be ordered to pay costs out of their own pockets, under specified circumstances. Personal liability for costs would arise where a public official is guilty of bad faith or gross negligence in conducting litigation.
1.4.14
Constitutional Justice - Procedure - Costs.
4.12.6
Institutions - Ombudsman - Relations with the legislature.
4.12.7
Institutions - Ombudsman - Relations with the executive.
Ombudsman, conduct, bad faith, accountability / Ombudsman, liability, personal / Ombudsman, misrepresentation, under oath / Ombudsman, punitive costs / Ombudsman, transparency, absence.
The doctrine of separation of powers does not imply a rigid or static conception of strictly demarcated functional roles and that the three arms of government share a commitment to the Constitution’s vision of justice, dignity and equality. Judicial intervention when the most vulnerable and marginalised have suffered from the insufficiency of governmental delivery.
The appointment of a special... Read more
3.4
General Principles - Separation of powers.
4.7.1
Institutions - Judicial bodies - Jurisdiction.
4.7.12
Institutions - Judicial bodies - Special courts.
Court, specialised, true discretion / Judicial Overreach / Special master, appointment / Special master, powers, limits.
An arresting officer may be liable for harm flowing from a claimant’s unlawful detention even after a court appearance. A subsequent unlawful remand decision by the court does not intervene to render the harm too remote from the unlawful arrest if the arresting officer had actual, subjective foresight that the claimant would be remanded in custody.
3.9
General Principles - Rule of law.
3.13
General Principles - Legality.
3.20
General Principles - Reasonableness.
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.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Damages / Detention, unlawful / Remand, unlawful / Legal causation, intervening act / Public policy, considerations.
In the event of a failure by Parliament to enact legislation as ordered by the Constitutional court, the Court can provide relief in the framework of judicial oversight.
3.4
General Principles - Separation of powers.
4.5.2.4
Institutions - Legislative bodies - Powers - Negative incompetence.
4.5.6
Institutions - Legislative bodies - Law-making procedure.
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Consitutional Court, order to Parliament to enact legislation, remedial action / Interdict, extension / Land claims, failure to enact legislation / Just and equitable order.
The Swedish Government’s decision on whether to allow prosecution for crimes committed outside Sweden does not concern a suspect’s civil rights or obligations under the terms of Article 6.1 ECHR.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.8
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file.
Prosecution, permission / Crime, committed abroad / Judicial review.
A decision not to grant a person compensation for travel expenses relating to medical care in a hospital does not concern a civil right for the purposes of Article 6.1 ECHR.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Hospital visit, travel expense, reimbursement / Right to appeal.
The Swedish Social Insurance Agency’s decision not to pay out a disabled person’s assistance allowance directly to an assistance provider does not constitute an appealable decision.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Right to appeal / Assistance allowance, payout, recipient.
Article 2 of the Agreement on Free Movement of Persons (AFMP); Articles 6 and 8 ECHR; Articles 8, 13, 24, 26, 27, 29, 29a and 30 of the Federal Constitution; abstract review of the Neuchâtel Law on the encampment of nomadic communities (hereinafter, the "LSCN").
The LSCN does not discriminate between nomadic communities and the rest of the population (recital 5.2); it does not breach the... Read more
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.13.5
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Suspensive effect of appeal.
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.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Nomadic people, campsite.
When reviewing an artistic or literary work, a public authority must consider the work in its entirety rather than considering or focusing on individual expressions or scenes.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
Films, documentary movies / Films, denial of registration / Films, political issues.
Limitations placed on the ability of individuals who were not citizens to acquire property did not apply to transfer of property by inheritance.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Non-citizens, right to inherit / Non-nationals, property, acquisition / Property, acquisition, reciprocity between States.
Non-violent denunciation of State military operations against terrorism within a country, even where these are strongly supported by an overwhelming majority of the population, is permissible in a democratic society.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Military operations, denunciation / State security policy, criticism / Academics, declaration.
Amendments which increase by five years the pension age for women, as well as increase by five years the general and special work period required for granting a retirement pension for certain categories of workers, are of such a nature as to deprive those persons of their right to social protection and do not conform to the constitutional principles of human rights and freedoms of a social... Read more
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Pension, length of service / Pension, provision, changes, sphere / Legal certainty, principle / Labour, protection, guarantees, special / Pension age, gender.
The introduction of amendments – which abolish the right to the return to the taxpayers of certain payments made for land – to the Tax Code with the objective of avoiding imbalances in local budgets violates the constitutional principle of rule of law. Those amendments lead to the non-fulfilment of legitimate expectations and the violation of property rights.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
3.10
General Principles - Certainty of the law.
5.3.16
Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Land, tax, payment / Expectation, legitimate / Legal certainty / Balance, public and private interests.
The Fundamental Law does not confer on the Verkhovna Rada, as the sole legislative authority in Ukraine, the right to delegate the constitutional powers of the prosecutor's office as the constitutionally determined state body to other bodies outside the constitutional norms established by law.
The legislative body, according to Articles 131¹.2 and 92.1.14 of the Constitution, defines only... Read more
1.2.2
Constitutional Justice - Types of claim - Claim by a private body or individual.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
4.5.2
Institutions - Legislative bodies - Powers.
4.7.4.3
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel.
4.13
Institutions - Independent administrative authorities.
Anti-Corruption Bureau, powers to bring an action before a court / Anti-Corruption Bureau, pre-trial, representation of state interests in court / Prosecutor’s Office, powers / Authority, delegating, prosecution, body.
Measures of financial control over the activities of associations of citizens and their members who do not exercise public authority or are not financed at the expense of the state budget or local budgets may not be excessive, may not disproportionately restrict freedom of political and public activity, and may not undermine the essence of the right of citizens to freedom of association. Such... Read more
1.2.1.8
Constitutional Justice - Types of claim - Claim by a public body - Ombudsman.
3.17
General Principles - Weighing of interests.
5.1.1.5.1
Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Declaration, financial, association / Declaring, duty, association, freedom, right / Association, public, control, financial / Corruption, prevention, subject / Interests, balancing.
The impossibility of a timely appeal review of a decision of a first-instance court on the extension of the preventive measure of detention at trial prevents an effective and operative (efficient) review of the legitimacy of limiting the constitutional right of an individual to freedom at the trial stage. This situation creates conditions under which an erroneous decision of a first-instance... Read more
1.2.2.1
Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person.
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.
Custody, extension, challenge, appeal, ruling / Review, appeal, right, freedom, constitutional, restriction / Detention, preventive measure, extension, at trial, review.
The right to freedom of thought and speech, as well as the free expression of views and beliefs, is not absolute, and its implementation may be limited by law in the interests of national security, territorial integrity or public order in order to prevent disturbances or crimes and in other cases envisaged by Article 34.3 of the Constitution.
A finding of constitutionality follows from an... 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.
Nazi regime / Communist regime / Propaganda, symbols, usage.
By adopting the Law on Education, the state has created the conditions for full realisation of the respective rights of national minorities, including indigenous peoples of Ukraine to study their mother tongue, as well as to receive education in the state language, regardless of their origin; to fully exercise the right to work set out in the Constitution; to participate in the management of... Read more
4.3.1
Institutions - Languages - Official language(s).
4.3.4
Institutions - Languages - Minority language(s).
5.3.40
Fundamental Rights - Civil and political rights - Linguistic freedom.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Language, use, minorities, national / Education, language.
1.1.1.1.1 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution. IRL-2019-2-004 1.2.1.4 Constitutional Justice - Types of claim - Claim by a public body - Organs of federated or regional authorities. RSA-2019-2-001 1.2.1.7 Constitutional Justice - Types of claim - Claim by a public body - Public Prosecutor or Attorney-General. KGZ-2019-2-003 1.2.1.8 Constitutional Justice - Types of claim - Claim by a public body - Ombudsman. UKR-2019-2-007 1.2.2 Constitutional Justice - Types of claim - Claim by a private body or individual. UKR-2019-2-006 1.2.2.1 Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person. IRL-2019-2-004, IRL-2019-2-005, IRL-2019-2-006, UKR-2019-2-008 1.2.3 Constitutional Justice - Types of claim - Referral by a court. AZE-2019-2-004 1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms. IRL-2019-2-004, IRL-2019-2-006, ITA-2019-2-007, ITA-2019-2-009, UKR-2019-2-005, UKR-2019-2-006 1.3.4.7.2 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights. BRA-2019-2-011 1.3.5.5.1 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law - Laws and other rules in force before the entry into force of the Constitution. IRL-2019-2-004 1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions. AZE-2019-2-003, CRO-2019-2-006 1.3.5.13 Constitutional Justice - Jurisdiction - The subject of review - Administrative acts. CZE-2019-2-008 1.4.3.2 Constitutional Justice - Procedure - Time-limits for instituting proceedings - Special time-limits. RSA-2019-2-001 1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi. IRL-2019-2-004 1.4.10.7 Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU. ITA-2019-2-009 1.4.12 Constitutional Justice - Procedure - Special procedures. IRL-2019-2-006 1.4.14 Constitutional Justice - Procedure - Costs. RSA-2019-2-002 1.4.14.2 Constitutional Justice - Procedure - Costs - Legal aid or assistance. LIE-2019-2-001 1.5.4 Constitutional Justice - Decisions - Types. KOR-2019-2-003, KOR-2019-2-004 1.5.4.1 Constitutional Justice - Decisions - Types - Procedural decisions. ITA-2019-2-007 1.5.4.2 Constitutional Justice - Decisions - Types - Opinion. ECH-2019-2-010 1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures. GER-2019-2-011, GER-2019-2-012 1.6.2 Constitutional Justice - Effects - Determination of effects by the court. RSA-2019-2-001 1.6.5.4 Constitutional Justice - Effects - Temporal effect - Ex nunc effect. IRL-2019-2-004 1.6.6 Constitutional Justice - Effects - Execution. ECH-2019-2-012 2.1.1.1 Sources - Categories - Written rules - National rules. ITA-2019-2-010 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. KOS-2019-2-002, KOS-2019-2-003 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. ITA-2019-2-008, ITA-2019-2-009 2.1.1.4.2 Sources - Categories - Written rules - International instruments - Universal Declaration of Human Rights of 1948. BRA-2019-2-016 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. BEL-2019-2-003, ITA-2019-2-008, ITA-2019-2-009, KOS-2019-2-002 2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966. ARG-2019-2-002, FIN-2019-2-001, FIN-2019-2-002, KGZ-2019-2-001, MEX-2019-2-008 2.1.1.4.11 Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969. ARG-2019-2-002, BRA-2019-2-016, MEX-2019-2-005 2.1.1.4.15 Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989. ARG-2019-2-002, ARG-2019-2-003, BRA-2019-2-016 2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000. ITA-2019-2-009 2.1.2.2 Sources - Categories - Unwritten rules - General principles of law. FIN-2019-2-002, GER-2019-2-014, KGZ-2019-2-002, KGZ-2019-2-003 2.1.3.1 Sources - Categories - Case-law - Domestic case-law. KOS-2019-2-002 2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights. BEL-2019-2-003, KOS-2019-2-002 2.1.3.2.3 Sources - Categories - Case-law - International case-law - Other international bodies. FIN-2019-2-002 2.1.3.3 Sources - Categories - Case-law - Foreign case-law. ARG-2019-2-003 2.2.1.2 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts. ISR-2019-2-002 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. ITA-2019-2-009 2.2.2.1.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution - Hierarchy attributed to rights and freedoms. BRA-2019-2-014 2.3.1 Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion. FIN-2019-2-002 2.3.4 Sources - Techniques of review - Interpretation by analogy. BRA-2019-2-014 2.3.7 Sources - Techniques of review - Literal interpretation. BRA-2019-2-009 2.3.8 Sources - Techniques of review - Systematic interpretation. BRA-2019-2-009 2.3.10 Sources - Techniques of review - Contextual interpretation. AZE-2019-2-003 3.1 General Principles - Sovereignty. BRA-2019-2-007, GER-2019-2-016 3.3.1 General Principles - Democracy - Representative democracy. GER-2019-2-016 3.3.2 General Principles - Democracy - Direct democracy. BRA-2019-2-007 3.4 General Principles - Separation of powers. BUL-2019-2-004, BUL-2019-2-006, CZE-2019-2-008, IRL-2019-2-004, IRL-2019-2-005, KGZ-2019-2-002, KOS-2019-2-003, RSA-2019-2-003, RSA-2019-2-005 3.5 General Principles - Social State. BLR-2019-2-001, BRA-2019-2-012, BRA-2019-2-013 3.6.1 General Principles - Structure of the State - Unitary State. KGZ-2019-2-002 3.7 General Principles - Relations between the State and bodies of a religious or ideological nature. BRA-2019-2-008, MEX-2019-2-011 3.9 General Principles - Rule of law. BLR-2019-2-001, CRO-2019-2-009, CZE-2019-2-008, ITA-2019-2-010, KGZ-2019-2-002, KGZ-2019-2-003, MNE-2019-2-001, RSA-2019-2-001, RSA-2019-2-004, UKR-2019-2-004 3.10 General Principles - Certainty of the law. BLR-2019-2-001, BRA-2019-2-014, RSA-2019-2-001, UKR-2019-2-004, UKR-2019-2-005 3.12 General Principles - Clarity and precision of legal provisions. BIH-2019-2-003, KOR-2019-2-003, SVK-2019-2-002 3.13 General Principles - Legality. RSA-2019-2-004, SRB-2019-2-002 3.14 General Principles - Nullum crimen, nulla poena sine lege. SVK-2019-2-002 3.16 General Principles - Proportionality. BIH-2019-2-003, BIH-2019-2-004, CRO-2019-2-006, CRO-2019-2-007, CRO-2019-2-009, CZE-2019-2-005, CZE-2019-2-006, CZE-2019-2-008, ECH-2019-2-011, ITA-2019-2-007, ITA-2019-2-008, KGZ-2019-2-002, KOR-2019-2-004, KOR-2019-2-005 3.17 General Principles - Weighing of interests. BRA-2019-2-011, CZE-2019-2-005, CZE-2019-2-006, CZE-2019-2-007, CZE-2019-2-008, ECH-2019-2-011, GER-2019-2-011, ITA-2019-2-007, KGZ-2019-2-002, UKR-2019-2-007 3.18 General Principles - General interest. BRA-2019-2-012, CZE-2019-2-005, CZE-2019-2-006, CZE-2019-2-008, KGZ-2019-2-002, RSA-2019-2-001 3.19 General Principles - Margin of appreciation. ECH-2019-2-010, ECH-2019-2-011, KGZ-2019-2-003 3.20 General Principles - Reasonableness. ITA-2019-2-010, RSA-2019-2-004 3.21 General Principles - Equality. CRO-2019-2-010 3.22 General Principles - Prohibition of arbitrariness. CZE-2019-2-008, GER-2019-2-011, KGZ-2019-2-002, MNE-2019-2-001, RSA-2019-2-001 3.23 General Principles - Equity. RSA-2019-2-001 3.25 General Principles - Market economy. BRA-2019-2-010, BRA-2019-2-017, CRO-2019-2-009, MEX-2019-2-006 3.26 General Principles - Fundamental principles of the Internal Market. BRA-2019-2-017 4.1 Institutions - Constituent assembly or equivalent body. ISR-2019-2-001 4.3.1 Institutions - Languages - Official language(s). UKR-2019-2-010 4.3.4 Institutions - Languages - Minority language(s). CRO-2019-2-011, FIN-2019-2-001, FIN-2019-2-002, UKR-2019-2-010 4.4.3.3 Institutions - Head of State - Powers - Relations with judicial bodies. KGZ-2019-2-002, KGZ-2019-2-003 4.4.5.4 Institutions - Head of State - Term of office - End of office. KGZ-2019-2-002 4.4.6 Institutions - Head of State - Status. KGZ-2019-2-003 4.4.6.1.1.1 Institutions - Head of State - Status - Liability - Legal liability - Immunity. KGZ-2019-2-002, KGZ-2019-2-003 4.4.6.1.1.2 Institutions - Head of State - Status - Liability - Legal liability - Civil liability. KGZ-2019-2-002 4.4.6.1.1.3 Institutions - Head of State - Status - Liability - Legal liability - Criminal liability. KGZ-2019-2-002 4.5.2 Institutions - Legislative bodies - Powers. UKR-2019-2-006 4.5.2.2 Institutions - Legislative bodies - Powers - Powers of enquiry. IRL-2019-2-005 4.5.2.3 Institutions - Legislative bodies - Powers - Delegation to another legislative body. IRL-2019-2-005 4.5.2.4 Institutions - Legislative bodies - Powers - Negative incompetence. RSA-2019-2-005 4.5.3.4.3 Institutions - Legislative bodies - Composition - Term of office of members - End. BRA-2019-2-009, ISR-2019-2-001 4.5.4.4 Institutions - Legislative bodies - Organisation - Committees. IRL-2019-2-005 4.5.6 Institutions - Legislative bodies - Law-making procedure. RSA-2019-2-005 4.5.6.5 Institutions - Legislative bodies - Law-making procedure - Relations between houses. IRL-2019-2-005 4.5.8 Institutions - Legislative bodies - Relations with judicial bodies. BRA-2019-2-009, BRA-2019-2-014, RSA-2019-2-005 4.5.9 Institutions - Legislative bodies - Liability. BRA-2019-2-009 4.5.10 Institutions - Legislative bodies - Political parties. MEX-2019-2-012 4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies. BRA-2019-2-009 4.6 Institutions - Executive bodies. IRL-2019-2-006 4.6.9 Institutions - Executive bodies - The civil service. BUL-2019-2-004 4.6.9.1 Institutions - Executive bodies - The civil service - Conditions of access. KOS-2019-2-002 4.6.10.1.2 Institutions - Executive bodies - Liability - Legal liability - Civil liability. NED-2019-2-002 4.6.10.1.3 Institutions - Executive bodies - Liability - Legal liability - Criminal liability. AZE-2019-2-003 4.7.1 Institutions - Judicial bodies - Jurisdiction. RSA-2019-2-003 4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel. UKR-2019-2-006 4.7.4.3.1 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers. KGZ-2019-2-003 4.7.4.3.6 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Status. KGZ-2019-2-003 4.7.9 Institutions - Judicial bodies - Administrative courts. ITA-2019-2-010 4.7.11 Institutions - Judicial bodies - Military courts. CAN-2019-2-005 4.7.12 Institutions - Judicial bodies - Special courts. ITA-2019-2-011, RSA-2019-2-003 4.7.13 Institutions - Judicial bodies - Other courts. ITA-2019-2-010 4.7.15.1.1 Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Organisation. ITA-2019-2-011 4.7.15.1.4 Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Status of members of the Bar. ITA-2019-2-011 4.7.16.2 Institutions - Judicial bodies - Liability - Liability of judges. BUL-2019-2-006 4.8.3 Institutions - Federalism, regionalism and local self-government - Municipalities. MEX-2019-2-009 4.8.4.1 Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy. CRO-2019-2-010 4.8.4.2 Institutions - Federalism, regionalism and local self-government - Basic principles - Subsidiarity. BRA-2019-2-008 4.8.7.2 Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Arrangements for distributing the financial resources of the State. FRA-2019-2-006 4.8.7.3 Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Budget. MEX-2019-2-009 4.8.8.1 Institutions - Federalism, regionalism and local self-government - Distribution of powers - Principles and methods. BRA-2019-2-008, BRA-2019-2-009 4.8.8.5 Institutions - Federalism, regionalism and local self-government - Distribution of powers - International relations. KOS-2019-2-003 4.9.1 Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting. BRA-2019-2-007 4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility. BRA-2019-2-009 4.9.6 Institutions - Elections and instruments of direct democracy - Representation of minorities. FIN-2019-2-001, FIN-2019-2-002 4.9.7.1 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Electoral rolls. BRA-2019-2-007, FIN-2019-2-001, FIN-2019-2-002 4.9.8 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material. MEX-2019-2-011, MEX-2019-2-013, MEX-2019-2-014 4.9.9.4 Institutions - Elections and instruments of direct democracy - Voting procedures - Identity checks on voters. BRA-2019-2-007 4.9.13 Institutions - Elections and instruments of direct democracy - Judicial control. BRA-2019-2-007 4.10.7 Institutions - Public finances - Taxation. BUL-2019-2-004 4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces. ISR-2019-2-002, NED-2019-2-002 4.11.2 Institutions - Armed forces, police forces and secret services - Police forces. CRO-2019-2-007, CZE-2019-2-006 4.11.3 Institutions - Armed forces, police forces and secret services - Secret services. CZE-2019-2-008 4.12.2 Institutions - Ombudsman - Guarantees of independence. KOS-2019-2-002 4.12.6 Institutions - Ombudsman - Relations with the legislature. RSA-2019-2-002 4.12.7 Institutions - Ombudsman - Relations with the executive. RSA-2019-2-002 4.13 Institutions - Independent administrative authorities. KOS-2019-2-003, UKR-2019-2-006 4.14 Institutions - Activities and duties assigned to the State by the Constitution. ITA-2019-2-010 4.17.1.5 Institutions - European Union - Institutional structure - Court of Justice of the European Union. GER-2019-2-016 4.17.1.6 Institutions - European Union - Institutional structure - European Central Bank. GER-2019-2-016 4.17.2.1 Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States. GER-2019-2-016 4.18 Institutions - State of emergency and emergency powers. GER-2019-2-014 5.1 Fundamental Rights - General questions. MEX-2019-2-007 5.1.1 Fundamental Rights - General questions - Entitlement to rights. MEX-2019-2-008 5.1.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad. KGZ-2019-2-001 5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners. ARG-2019-2-002, ARG-2019-2-003, CZE-2019-2-008 5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status. FRA-2019-2-007 5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors. ARG-2019-2-002, ARG-2019-2-003, BRA-2019-2-016, ECH-2019-2-010, FRA-2019-2-007 5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees. BRA-2019-2-011, ECH-2019-2-009, ECH-2019-2-014 5.1.1.5.1 Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law. UKR-2019-2-007 5.1.2 Fundamental Rights - General questions - Horizontal effects. BRA-2019-2-013, GER-2019-2-011 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. BRA-2019-2-012 5.1.4 Fundamental Rights - General questions - Limits and restrictions. MEX-2019-2-007 5.1.4.1 Fundamental Rights - General questions - Limits and restrictions - Non-derogable rights. BRA-2019-2-011 5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation. BRA-2019-2-014, BRA-2019-2-016, KGZ-2019-2-001, MEX-2019-2-007 5.2 Fundamental Rights - Equality. GER-2019-2-015 5.2.1 Fundamental Rights - Equality - Scope of application. GER-2019-2-011 5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment. KOS-2019-2-002 5.2.1.2.1 Fundamental Rights - Equality - Scope of application - Employment - In private law. BRA-2019-2-010, BRA-2019-2-013, MEX-2019-2-006 5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security. BRA-2019-2-013, MEX-2019-2-008 5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections. BRA-2019-2-007, ISR-2019-2-001 5.2.2 Fundamental Rights - Equality - Criteria of distinction. BEL-2019-2-003, FRA-2019-2-006, SUI-2019-2-003 5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender. BRA-2019-2-013, BRA-2019-2-014, CRC-2019-2-002, IRL-2019-2-004, MEX-2019-2-008, MEX-2019-2-012, UKR-2019-2-004 5.2.2.2 Fundamental Rights - Equality - Criteria of distinction - Race. BRA-2019-2-014 5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin. MEX-2019-2-009 5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion. BRA-2019-2-008 5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age. CRC-2019-2-002, IRL-2019-2-004 5.2.2.10 Fundamental Rights - Equality - Criteria of distinction - Language. CRO-2019-2-011 5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation. BRA-2019-2-014 5.3 Fundamental Rights - Civil and political rights. MEX-2019-2-005 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. BRA-2019-2-013, BRA-2019-2-014, BRA-2019-2-015, GEO-2019-2-001, IRL-2019-2-005, ISR-2019-2-002 5.3.2 Fundamental Rights - Civil and political rights - Right to life. CRO-2019-2-007, ECH-2019-2-008, ECH-2019-2-015, NED-2019-2-002 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. ECH-2019-2-014, GEO-2019-2-001, ITA-2019-2-007, MEX-2019-2-005, NED-2019-2-002 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. BEL-2019-2-003, BRA-2019-2-012, BRA-2019-2-016, ECH-2019-2-015 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. BRA-2019-2-015, BRA-2019-2-016, CAN-2019-2-004, ITA-2019-2-007, UKR-2019-2-008 5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest. KOR-2019-2-003, RSA-2019-2-004 5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial. POL-2019-2-003, RSA-2019-2-004 5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement. BRA-2019-2-016, KGZ-2019-2-001, SUI-2019-2-003 5.3.7 Fundamental Rights - Civil and political rights - Right to emigrate. KGZ-2019-2-001 5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality. ARG-2019-2-002, ARG-2019-2-003, CZE-2019-2-008, IRL-2019-2-006 5.3.9 Fundamental Rights - Civil and political rights - Right of residence. KGZ-2019-2-001 5.3.10 Fundamental Rights - Civil and political rights - Rights of domicile and establishment. KGZ-2019-2-001 5.3.12 Fundamental Rights - Civil and political rights - Security of the person. RSA-2019-2-004 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. ECH-2019-2-009, FRA-2019-2-005, IRL-2019-2-004, KGZ-2019-2-002 5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings. ECH-2019-2-009, KGZ-2019-2-001, MNE-2019-2-001 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. AZE-2019-2-003, BRA-2019-2-015, UKR-2019-2-008 5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings. ITA-2019-2-009, ITA-2019-2-010 5.3.13.1.5 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Non-litigious administrative proceedings. IRL-2019-2-005 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. CRO-2019-2-008, CZE-2019-2-008, ECH-2019-2-015, GER-2019-2-012, GER-2019-2-013, ITA-2019-2-010 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. GER-2019-2-013, ITA-2019-2-010, KOS-2019-2-002, SWE-2019-2-001, SWE-2019-2-002, SWE-2019-2-003 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-2019-2-014 5.3.13.3.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - Habeas corpus. BRA-2019-2-015 5.3.13.5 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Suspensive effect of appeal. SUI-2019-2-003 5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing. BRA-2019-2-015 5.3.13.8 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file. CZE-2019-2-007, ECH-2019-2-013, IRL-2019-2-006, SWE-2019-2-001 5.3.13.9 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public hearings. ECH-2019-2-009 5.3.13.10 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial by jury. CAN-2019-2-005 5.3.13.11 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public judgments. CZE-2019-2-007 5.3.13.12 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the decision. CZE-2019-2-007 5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. CRC-2019-2-002, ECH-2019-2-015 5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence. BUL-2019-2-006 5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality. FRA-2019-2-005 5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence. BRA-2019-2-015, CAN-2019-2-004 5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. BIH-2019-2-004 5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. BRA-2019-2-015 5.3.13.23 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent. ITA-2019-2-009 5.3.13.23.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself. BRA-2019-2-015 5.3.13.26 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to have adequate time and facilities for the preparation of the case. ECH-2019-2-013 5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime. CRC-2019-2-002, ECH-2019-2-008, RUS-2019-2-008 5.3.16 Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law. UKR-2019-2-005 5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State. RSA-2019-2-004 5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience. BRA-2019-2-014, KOR-2019-2-004 5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion. UKR-2019-2-009 5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship. BRA-2019-2-008, BRA-2019-2-014 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. AUT-2019-2-002, BIH-2019-2-004, BLR-2019-2-001, BRA-2019-2-014, CRO-2019-2-006, CZE-2019-2-006, ISR-2019-2-001, MEX-2019-2-014, SVK-2019-2-002, TUR-2019-2-001, TUR-2019-2-003, UKR-2019-2-009 5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication. MEX-2019-2-014 5.3.24 Fundamental Rights - Civil and political rights - Right to information. CZE-2019-2-007, MEX-2019-2-013, MEX-2019-2-014 5.3.25 Fundamental Rights - Civil and political rights - Right to administrative transparency. MEX-2019-2-013 5.3.26 Fundamental Rights - Civil and political rights - National service. KOR-2019-2-004 5.3.27 Fundamental Rights - Civil and political rights - Freedom of association. ITA-2019-2-011, UKR-2019-2-007 5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly. CZE-2019-2-006, RUS-2019-2-009 5.3.29 Fundamental Rights - Civil and political rights - Right to participate in public affairs. ITA-2019-2-011 5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation. KGZ-2019-2-003, TUR-2019-2-001 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. BEL-2019-2-003, BIH-2019-2-003, BRA-2019-2-016, ECH-2019-2-009, ECH-2019-2-015, FRA-2019-2-005, SUI-2019-2-003, UKR-2019-2-007 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. CZE-2019-2-005, FRA-2019-2-007 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. ECH-2019-2-011, KOR-2019-2-005, SUI-2019-2-003 5.3.33.1 Fundamental Rights - Civil and political rights - Right to family life - Descent. ECH-2019-2-010, FIN-2019-2-001, FIN-2019-2-002 5.3.34 Fundamental Rights - Civil and political rights - Right to marriage. KOR-2019-2-005 5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home. BEL-2019-2-004, FRA-2019-2-005, KOR-2019-2-003 5.3.36.2 Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications. CZE-2019-2-005 5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications. CZE-2019-2-005, FRA-2019-2-005 5.3.37 Fundamental Rights - Civil and political rights - Right of petition. CZE-2019-2-007 5.3.38 Fundamental Rights - Civil and political rights - Non-retrospective effect of law. MEX-2019-2-005 5.3.38.1 Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law. MEX-2019-2-005 5.3.39 Fundamental Rights - Civil and political rights - Right to property. CRO-2019-2-009, GER-2019-2-015, KOR-2019-2-005, RSA-2019-2-005, SUI-2019-2-003, UKR-2019-2-005 5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations. GER-2019-2-015, TUR-2019-2-002 5.3.40 Fundamental Rights - Civil and political rights - Linguistic freedom. CRO-2019-2-011, UKR-2019-2-010 5.3.41 Fundamental Rights - Civil and political rights - Electoral rights. ITA-2019-2-011 5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote. BRA-2019-2-007, BRA-2019-2-011, FIN-2019-2-001, FIN-2019-2-002, GER-2019-2-010, MEX-2019-2-010 5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election. BRA-2019-2-011, FIN-2019-2-001, FIN-2019-2-002, GER-2019-2-010, MEX-2019-2-011 5.3.43 Fundamental Rights - Civil and political rights - Right to self fulfilment. MEX-2019-2-007 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. ARG-2019-2-002, ARG-2019-2-003, BRA-2019-2-013, BRA-2019-2-016, CRC-2019-2-002, ECH-2019-2-010, FRA-2019-2-007 5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities. BRA-2019-2-008, CRO-2019-2-011, FIN-2019-2-001, FIN-2019-2-002, KOR-2019-2-004, MEX-2019-2-009, RUS-2019-2-007, UKR-2019-2-010 5.4 Fundamental Rights - Economic, social and cultural rights. ITA-2019-2-011 5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education. FRA-2019-2-006, UKR-2019-2-010 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. BRA-2019-2-013, BRA-2019-2-017, BUL-2019-2-005, MNE-2019-2-001 5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. BRA-2019-2-010, MNE-2019-2-001 5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. BRA-2019-2-017, CRO-2019-2-009, MEX-2019-2-006, SUI-2019-2-003 5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection. BRA-2019-2-010 5.4.8 Fundamental Rights - Economic, social and cultural rights - Freedom of contract. BRA-2019-2-017, GER-2019-2-011, GER-2019-2-015 5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike. FRA-2019-2-008 5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security. BRA-2019-2-017, UKR-2019-2-004 5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension. BUL-2019-2-005 5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions. BRA-2019-2-013 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. BLR-2019-2-001, BRA-2019-2-012, BRA-2019-2-013, ITA-2019-2-007 5.5.1 Fundamental Rights - Collective rights - Right to the environment. BRA-2019-2-008 5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights. BRA-2019-2-008, FIN-2019-2-001, FIN-2019-2-002, MEX-2019-2-009, RUS-2019-2-007
International agreement, direct applicability
MEX-2019-2-005 Abstract review
SVK-2019-2-002 Academics, declaration
TUR-2019-2-003 Accident, road traffic, unintentional life-threatening injuries
ECH-2019-2-015 Accused, guarantees
IRL-2019-2-004 Accused, procedural rights
IRL-2019-2-004 Accused, right
IRL-2019-2-004 Act, ultra vires, European Union
GER-2019-2-016 Administration of justice
IRL-2019-2-004 Administrative dispute
CRO-2019-2-008 Administrative sanctions
ITA-2019-2-008 Administrative sanctions, sanctions of "punitive" nature
ITA-2019-2-009 Adoption
ARG-2019-2-003 American Convention on Human Rights
MEX-2019-2-005 Animals, cruelty, prevention
BRA-2019-2-008 Animals, protection
BRA-2019-2-008 Annulment, alternative
ITA-2019-2-010 Anti-Corruption Bureau, powers to bring an action before a court
UKR-2019-2-006 Anti-Corruption Bureau, pre-trial, representation of state interests in court
UKR-2019-2-006 Appeal, extraordinary
ARG-2019-2-003, FIN-2019-2-001 Armed conflict
ISR-2019-2-002 Armed forces, service offence, jury
CAN-2019-2-005 Arrest and detention, safeguard
BRA-2019-2-009 Arrest warrant, search
KOR-2019-2-003 Arrest, warrant
BRA-2019-2-016 Arrest, without warrant
BRA-2019-2-016 Assistance allowance, payout, recipient
SWE-2019-2-003 Association, public, control, financial
UKR-2019-2-007 Audit, mandatory
CRO-2019-2-009 Authority, delegating, prosecution, body
UKR-2019-2-006 Automatic legislative sentencing mechanisms
ITA-2019-2-008 Balance, public and private interests
UKR-2019-2-005 Burial, decent, right
ISR-2019-2-002 Business activity, regulation
MEX-2019-2-006 Cannabis, consumption
MEX-2019-2-007 Cannabis, possession, use
MEX-2019-2-007 Case-law, development, respect for constitutional guarantees and rights
IRL-2019-2-005 Child custody, joint responsibility
KOR-2019-2-005 Child determination, ordinary court
KOR-2019-2-005 Child or juvenile, sexual abuse, protection
CRC-2019-2-002 Child, best interest
BRA-2019-2-013 Child, best interests
ECH-2019-2-010 Child, care and custody
BRA-2019-2-016 Child, father, intended
ECH-2019-2-010 Child, interests, priority
BRA-2019-2-016 Child, mother, intended
ECH-2019-2-010 Child, protection
BRA-2019-2-016 Child, rape, trial, delay, justification
CRC-2019-2-002 Children and youth, protection, general interest
BRA-2019-2-016 Child's interests, overriding nature
CRC-2019-2-002 Choice of residence
KGZ-2019-2-001 Citizenship, double
ARG-2019-2-002 Citizenship, loss, upon acquisition of another citizenship
ARG-2019-2-002 Civil character right, lawyer, client, oral communications
ECH-2019-2-009 Civil character right, scope
ECH-2019-2-009 Civil proceedings
MNE-2019-2-001 Civil servant, employment
BUL-2019-2-004 Civil servant, employment, termination
BUL-2019-2-004 Civil service, continuity
FRA-2019-2-008 Civil status, name
BEL-2019-2-003 Civil status, rectification
BEL-2019-2-003 Coercion, improper
BRA-2019-2-015 Coercive measure
BRA-2019-2-015 Communist regime
UKR-2019-2-009 Compensation, determination of amount
KGZ-2019-2-003 Competition, economic, encouragement
BRA-2019-2-017 Competition, economic, protection
BRA-2019-2-017 Competition, freedom
BRA-2019-2-017 Competition, protection
BRA-2019-2-017 Competitor, treatment, equality
BRA-2019-2-017 Complaint, constitutional, admissibility
CRO-2019-2-006 Confiscation, lack of flexibility in determining the amount of the measure
ITA-2019-2-008 Confiscation, mandatory, assets used to commit the offence, profits, product
ITA-2019-2-008 Conflict of interests, pension recipient, creditor
KOR-2019-2-005 Conscientious objector, alternative service
KOR-2019-2-004 Consent to proceedings
KGZ-2019-2-003 Consitutional Court, order to Parliament to enact legislation, remedial action
RSA-2019-2-005 Constitution, amendment, validity
ISR-2019-2-001 Constitution, nonconformity, temporary application
KOR-2019-2-003 Constitution, pluralist structure
ITA-2019-2-010 Constitutional institution, independence
KOS-2019-2-002 Contempt of court, penalty, appeal
CRO-2019-2-006 Conviction, criminal
BRA-2019-2-011 Conviction, prison, alternative measure to incarceration
ITA-2019-2-007 Correspondence secrecy, effectiveness
FRA-2019-2-005 Corruption, prevention, subject
UKR-2019-2-007 Costs, security deposit
LIE-2019-2-001 Court, specialised, true discretion
RSA-2019-2-003 Credit agreement, guarantee contract
AZE-2019-2-004 Credit, child support
KOR-2019-2-005 Creditor, protection
KOR-2019-2-005 Crime, committed abroad
SWE-2019-2-001 Criminal justice, effectiveness
CRC-2019-2-002 Criminal law
BLR-2019-2-001 Criminal principles, applicable, administrative penalties
ITA-2019-2-008 Criminal proceedings
RUS-2019-2-008 Criminal proceedings, commencement
RUS-2019-2-008 Criminal proceedings, guarantees
CRC-2019-2-002 Criminal proceedings, victim
CRC-2019-2-002 Cult, practice
BRA-2019-2-008 Custody, extension, challenge, appeal, ruling
UKR-2019-2-008 Customary international law, general principle
GER-2019-2-014 Damage, compensation
ITA-2019-2-010 Damages
RSA-2019-2-004 Data, personal, collecting, processing
CZE-2019-2-005 Decisions, disciplinary
ITA-2019-2-010 Declaration, financial, association
UKR-2019-2-007 Declaring, duty, association, freedom, right
UKR-2019-2-007 Defence, documents available to prosecution, access, request, specific
ECH-2019-2-013 Defence, documents, relevant
ECH-2019-2-013 Delay, unreasonable, overlooking
RSA-2019-2-001 Demonstration, opponent, protest
CZE-2019-2-006 Demonstration, policing
CZE-2019-2-006 Deprivation of liberty
BRA-2019-2-011 Detainee, supervening serious psychiatric disorder
ITA-2019-2-007 Detention pending trial, duration, extension, rules
POL-2019-2-003 Detention, administrative
GEO-2019-2-001 Detention, point of
CAN-2019-2-004 Detention, preventive measure, extension, at trial, review
UKR-2019-2-008 Detention, unlawful
RSA-2019-2-004 Discrimination
GER-2019-2-010, BRA-2019-2-014 Discrimination, gender identity
BEL-2019-2-003 Disturbance of law and order
RUS-2019-2-009 Drug, licensing
BRA-2019-2-012 Drug, narcotic, single use
GEO-2019-2-001 Drug, pharmaceutical, conditioning and dispensing, licence
BRA-2019-2-012 Drug, public health, danger
BLR-2019-2-001 Drug, supply, right
BRA-2019-2-012 Drug, testing
BRA-2019-2-012 Due process, procedural
BRA-2019-2-015 ECHR, Protocol 16, opinion, advisory, scope
ECH-2019-2-010 Economic activity
BRA-2019-2-017 Economic activity, exercise of, limit
BRA-2019-2-017 Economic activity, freedom
BRA-2019-2-017 Economic situation, adjustment
BRA-2019-2-017 Economy, state intervention
BRA-2019-2-017 Economy, state regulation
BRA-2019-2-017 Education, academic staff
SRB-2019-2-002 Education, higher
SRB-2019-2-002 Education, language
UKR-2019-2-010 Education, school, teacher
SRB-2019-2-002 Education, teacher, employment, system
SRB-2019-2-002 Effective judicial protection, right
GER-2019-2-012, GER-2019-2-013 Efficiency, economic
BRA-2019-2-017 Election campaign, social media
MEX-2019-2-014 Election, candidates, equal opportunities
MEX-2019-2-013 Election, code, general principles
BRA-2019-2-007 Election, control, identity card
BRA-2019-2-007 Election, democracy, participatory
BRA-2019-2-007 Election, electoral right, protection
BRA-2019-2-007 Election, equality of votes
ISR-2019-2-001 Election, law, electoral
BRA-2019-2-007 Election, propaganda, prohibition
MEX-2019-2-013 Election, social media, regulation
MEX-2019-2-014 Election, vote, right, obligation
BRA-2019-2-007 Election, voters' list, inaccuracies
BRA-2019-2-007 Election, voters, equality
ISR-2019-2-001 Elections, National Bar Council, third consecutive term, prohibition
ITA-2019-2-011 Electoral campaign, social media, limitation
MEX-2019-2-013 Employment, contract
MNE-2019-2-001 Employment, contract, extension
SRB-2019-2-002 Employment, discrimination
MEX-2019-2-008 Employment, maternity, protection, social right
BRA-2019-2-013 Employment, nursing, medical certificate
BRA-2019-2-013 Employment, pregnancy, arbitrary dismissal
BRA-2019-2-013 Employment, pregnancy, medical certificate
BRA-2019-2-013 Employment, termination, age
SRB-2019-2-002 Employment, termination, conditions
SRB-2019-2-002 Enforcement proceedings
MNE-2019-2-001 Entrepreneur, market, equal position
BRA-2019-2-017 Entrepreneur, person, natural or legal
BRA-2019-2-017 Entrepreneur, status, equal
BRA-2019-2-017 Equality
KGZ-2019-2-002 Equality before the law
FRA-2019-2-005 Equality, criminal proceedings
FRA-2019-2-005 Equality, gender identity
BEL-2019-2-003 Equality, private actors, application
GER-2019-2-011 Equality, professional
BRA-2019-2-010 European Court of Human Rights, judgment, execution
ECH-2019-2-012 European Court of Human Rights, judgment, final judgment
ECH-2019-2-012 Evidence, illegally obtained, admissibility
BRA-2019-2-015 Evidence, obtained illegally, exclusion
CAN-2019-2-004 Evidence, right of the defence
BRA-2019-2-015 Exclusion from voting rights
GER-2019-2-010 Execution, judgment, good faith
ECH-2019-2-012 Execution, proceedings, legal basis
ECH-2019-2-012 Exercise of rights, statutory determination, manner
BRA-2019-2-011 Expectation, legitimate
UKR-2019-2-005 Extraordinary appeal, preconditions, annulment
FIN-2019-2-002 Extremism
BLR-2019-2-001 Extremist crimes, incitement
SVK-2019-2-002 Fascism
BLR-2019-2-001 Filiation, gestational surrogacy, abroad, intended mother
ECH-2019-2-010 Filiation, recognition, child, best interests
ECH-2019-2-010 Films, denial of registration
TUR-2019-2-001 Films, documentary movies
TUR-2019-2-001 Films, political issues
TUR-2019-2-001 Fixed measure
ITA-2019-2-008 Foreign judgment, exequatur
ARG-2019-2-003 Foreign policy, representation
KOS-2019-2-003 Foreigner, citizenship, application
CZE-2019-2-008 Former President, immunity
KGZ-2019-2-002 Former President, status
KGZ-2019-2-002 Freedom of expression
BRA-2019-2-009, AUT-2019-2-002 Freedom of opinion
BRA-2019-2-009 Freedom of speech, restriction, justification
SVK-2019-2-002 Freedom of travel
KGZ-2019-2-001 Freedom of worship
BRA-2019-2-008 Fundamental rights, criteria applied
MEX-2019-2-007 Fundamental rights, private law, application
GER-2019-2-011 Gender identity, determination
BRA-2019-2-014 Government bonds, foreign, default
GER-2019-2-014 Government, failure to act, homophobia
BRA-2019-2-014 Hate speech, protected categories of people, exhaustivity
SVK-2019-2-002 Hatred, incitation
BLR-2019-2-001 Health care, cost-free
BRA-2019-2-012 Health facility, access
BRA-2019-2-012 Health, effective protection
BLR-2019-2-001 Health, medical aid, free
BRA-2019-2-012 Health, public health, public interest
BRA-2019-2-012 Health, public, principle of precaution
BRA-2019-2-012 Health, public, protection
BRA-2019-2-012 Health, risk
BLR-2019-2-001 Heritage, cultural, protection
BRA-2019-2-008 Homosexual, orientation
BRA-2019-2-014 Hospital visit, travel expense, reimbursement
SWE-2019-2-002 House arrest, "humanitarian" house arrest
ITA-2019-2-007 House search
BEL-2019-2-004 Human body, protection
BRA-2019-2-013 Human dignity
ISR-2019-2-002 Human dignity, protection
BRA-2019-2-012 Human dignity, violation
BRA-2019-2-014 Human life, intrinsic value
BRA-2019-2-012 Identity card, biometric data, storage
BRA-2019-2-007 Identity, right
ARG-2019-2-002 Immunity, parliament, deputy
BRA-2019-2-009 Inalienable fundamental rights, limitation
MEX-2019-2-005 Independent Oversight Board for Civil Service of Kosovo, scope
KOS-2019-2-002 Indigenous community, consultation, purpose
MEX-2019-2-009 Indigenous community, financial resources
MEX-2019-2-009 Indigenous community, municipalities
MEX-2019-2-009 Indigenous community, self-governance
MEX-2019-2-009 Indigenous people
FIN-2019-2-001 Indigenous people, Sámi, definition, self-identification, group acceptance, overall evaluation
FIN-2019-2-002 Information, classified, access, court
CZE-2019-2-008 Information, impartial, dissemination
MEX-2019-2-013 Injunction, preliminary
GER-2019-2-012, GER-2019-2-011 Interdict, extension
RSA-2019-2-005 Interests, balancing
UKR-2019-2-007 Interference, business
KOR-2019-2-003 International human rights law
ISR-2019-2-002 Interpretation in accordance with the constitution
ISR-2019-2-002 Interrogation, injury, investigation, requirement
BRA-2019-2-015 Investigation, effective
ECH-2019-2-015 Investigation, fiscal
BEL-2019-2-004 Judge, lawful
GER-2019-2-014 Judge, lawful, right to
GER-2019-2-014 Judgment, execution, law
ECH-2019-2-012 Judgment, reasoning, publication
CZE-2019-2-007 Judicial authorisation
BEL-2019-2-004 Judicial office, removal
BUL-2019-2-006 Judicial Overreach
RSA-2019-2-003 Judicial review
BEL-2019-2-004, IRL-2019-2-006, SWE-2019-2-001 Judiciary, impartiality, constitutional principle
FRA-2019-2-005 Judiciary, independence
BUL-2019-2-006 Judiciary, reputation
BUL-2019-2-006 Jurisdiction, constitutional, court decisions, private law disputes
GER-2019-2-011 Just and equitable order
RSA-2019-2-005 Justice, interests
RSA-2019-2-001 Labour, protection, guarantees, special
UKR-2019-2-004 Land claims, failure to enact legislation
RSA-2019-2-005 Land, tax, payment
UKR-2019-2-005 Language, offensive
AUT-2019-2-002 Language, use, minorities, national
UKR-2019-2-010 Lawyer, client, communication, civil right, aspect
ECH-2019-2-009 Lawyer, client, confidentiality of communications, protection
ECH-2019-2-009 Legal aid, grant to public limited company
LIE-2019-2-001 Legal causation, intervening act
RSA-2019-2-004 Legal certainty
UKR-2019-2-005 Legal certainty, principle
UKR-2019-2-004 Legislator, omission
BRA-2019-2-008 Liability, civil
BRA-2019-2-017 Liability, criminal
BRA-2019-2-017 Liability, for other person’s acts
BRA-2019-2-017, BRA-2019-2-015 Liability, state basis
NED-2019-2-002 Local and regional self-government, restrictions
CRO-2019-2-010 Locus standi, constitutional
IRL-2019-2-004 Locus standi, establishment, burden
IRL-2019-2-004 Locus standi, establishment, criteria
IRL-2019-2-004 Market Abuse
ITA-2019-2-008, ITA-2019-2-009 Market equality
CRO-2019-2-009 Measures, administrative
ITA-2019-2-010 Mechanism, special
KOS-2019-2-003 Medicine, supply
BRA-2019-2-012 Medicine, trade
BRA-2019-2-012 Migration
KGZ-2019-2-001 Military duty, equity, fairness
KOR-2019-2-004 Military operations, denunciation
TUR-2019-2-003 Military service, conscience, conflict
KOR-2019-2-004 Minor, detention
BRA-2019-2-016 Minority, language, local government, official use
CRO-2019-2-011 Minors, protection
BRA-2019-2-016 Movement, restriction
BRA-2019-2-016 Municipality, contract, award, illegal, honouring
RSA-2019-2-001 National security
KOR-2019-2-004 National security, information
IRL-2019-2-006 National security, protection
IRL-2019-2-006 National security, threat
CZE-2019-2-008 Nationality, definition
ARG-2019-2-002 Naturalisation, rejection
IRL-2019-2-006 Nazi regime
UKR-2019-2-009 Nomadic people, campsite
SUI-2019-2-003 Non-citizens, right to inherit
TUR-2019-2-002 Non-nationals, property, acquisition
TUR-2019-2-002 Nursing employee
BRA-2019-2-013 Obstructing police officers
KOR-2019-2-003 Obstruction, official duty, righteous performance
KOR-2019-2-003 Offence, criminal, elements, essential
IRL-2019-2-004 Ombudsman, conduct, bad faith, accountability
RSA-2019-2-002 Ombudsman, liability, personal
RSA-2019-2-002 Ombudsman, misrepresentation, under oath
RSA-2019-2-002 Ombudsman, punitive costs
RSA-2019-2-002 Ombudsman, transparency, absence
RSA-2019-2-002 Ombudsperson, immunity, limit
KOS-2019-2-002 Ordinance, issue, content
GER-2019-2-013, GER-2019-2-015 Parliament, ability to function, protection
IRL-2019-2-005 Parliament, action, internal
IRL-2019-2-005 Parliament, autonomy, principle
IRL-2019-2-005 Parliament, committee, enquiry
IRL-2019-2-005 Parliament, committee, hearing
IRL-2019-2-005 Parliament, immunity
IRL-2019-2-005 Parliament, inviolability
IRL-2019-2-005 Parliament, member, defamation against private persons
IRL-2019-2-005 Parliament, member, immunity, limit
BRA-2019-2-009 Parliament, member, infringement of privileges
BRA-2019-2-009, IRL-2019-2-005 Parliament, member, privileges and immunities
IRL-2019-2-005 Parliament, member, right to request information, condition
IRL-2019-2-005 Parliamentary privilege
IRL-2019-2-005 Peace-keeping missions
NED-2019-2-002 Pension age, gender
UKR-2019-2-004 Pension, compatibility with public office
BUL-2019-2-005 Pension, length of service
UKR-2019-2-004 Pension, provision, changes, sphere
UKR-2019-2-004 Pension, public officials
KOR-2019-2-005 Pension, right to receive
BUL-2019-2-005 Personal privacy, right
IRL-2019-2-005 Personality, dignity, free development
MEX-2019-2-007 Police, firearms, use, exceptional cases
CRO-2019-2-007 Police, powers, supervision
CRO-2019-2-007 Political party, gender equality
MEX-2019-2-012 Political party, gender, quota
MEX-2019-2-012 Political rights, loss
BRA-2019-2-011 Practical concordance, balancing
GER-2019-2-011 Precautionary measure, urgency
ARG-2019-2-002 Preconditions, annulment
FIN-2019-2-001 Pregnancy, grave danger
BRA-2019-2-013 Prejudice, serious
BRA-2019-2-014 President, authorised body, protection of honour, dignity
KGZ-2019-2-003 President, protection of honour, dignity
KGZ-2019-2-003 Prison sentence
GEO-2019-2-001 Prison, leave, escorted, authorisation
ECH-2019-2-011 Prison, leave, escorted, security, risk
ECH-2019-2-011 Prisoner, "whole life" imprisonment
ECH-2019-2-014 Prisoner, police, cooperation, condition for early release
ECH-2019-2-014 Prisoner, release, prospect
ECH-2019-2-014 Private life, lawyer, client, oral communications
ECH-2019-2-009 Private life, principle of self-determination
BEL-2019-2-003 Private life, right
ECH-2019-2-010 Proceedings, costs, reimbursement
CRO-2019-2-008 Procurement, competitive, absence
RSA-2019-2-001 Profession, freedom to exercise, regulation
BRA-2019-2-010 Professor, university, age limit
SRB-2019-2-002 Propaganda, electoral, religious symbols
MEX-2019-2-011 Propaganda, symbols, usage
UKR-2019-2-009 Property, acquisition, reciprocity between States
TUR-2019-2-002 Proportionality, applicability, punitive sanctions
ITA-2019-2-008 Prosecution, permission
SWE-2019-2-001 Prosecutor’s Office, powers
UKR-2019-2-006 Protected profession, application
BRA-2019-2-010 Public demonstration
RUS-2019-2-009 Public health, protection
GEO-2019-2-001 Public institution, acting director, appointment
CRO-2019-2-010 Public order
GEO-2019-2-001 Public policy, considerations
RSA-2019-2-004 Punishment, non-retroactivity
MEX-2019-2-005 Punishment, reducibility, conditions
ECH-2019-2-014 Racism, social dimension
BRA-2019-2-014 Railway union, strike
KOR-2019-2-003 Real estate, lease, limitations
GER-2019-2-015 Reason, obligation, scope
BEL-2019-2-004 Reasonable time
RUS-2019-2-008 Register, foreign national, minor
FRA-2019-2-007 Regulation, social, differentiation by gender
MEX-2019-2-008 Relations, national legal orders, autonomous legal orders
ITA-2019-2-010 Relationship, National constitutional courts, Court of Justice of the European Union
ITA-2019-2-009 Religion, activity, freedom
BRA-2019-2-008, BRA-2019-2-014 Religion, belief, protection
BRA-2019-2-008 Religion, church, state, separation
MEX-2019-2-011 Religion, custom
BRA-2019-2-008 Religion, free exercise
BRA-2019-2-014, BRA-2019-2-008 Religion, religious plurality
BRA-2019-2-008 Religion, right to practice, burden
BRA-2019-2-008 Remand, unlawful
RSA-2019-2-004 Remedies, judicial, limitations
ITA-2019-2-010 Rent, pricing, regulation
GER-2019-2-015 Rent, regulated
GER-2019-2-015 Re-opening of criminal investigation, de jure or de facto obstacles
ECH-2019-2-008 Re-opening of criminal investigation, obligation
ECH-2019-2-008 Repealed act, appeal, status
IRL-2019-2-004 Res judicata
BRA-2019-2-011 Restitutio in integrum
ECH-2019-2-012 Review, appeal, right, freedom, constitutional, restriction
UKR-2019-2-008 Right and freedom, statutory limitation, requirement
BRA-2019-2-011 Right of defence
FRA-2019-2-005 Right of movement
BRA-2019-2-016 Right to appeal
SWE-2019-2-002, SWE-2019-2-003 Right to departure
KGZ-2019-2-001 Right to fair trial
MNE-2019-2-001 Right to hunt
RUS-2019-2-007 Right to trial by jury, military exception, constitutionality
CAN-2019-2-005 Right to work, protection
MNE-2019-2-001 Ripple effect, fundamental rights
GER-2019-2-011 Sacrifice, animals
BRA-2019-2-008 Sacrifice, ritual
BRA-2019-2-008 Sámi Parliament elections
FIN-2019-2-002 Sámi Parliament elections, overall evaluation
FIN-2019-2-001 Sámi, definition
FIN-2019-2-001 School, compulsory schooling
FRA-2019-2-006 Security
GEO-2019-2-001 Security arrangements
RUS-2019-2-009 Seizure, ban, restriction
KOR-2019-2-005 Self-identification, group acceptance
FIN-2019-2-001 Sentence, custodial, purpose
BRA-2019-2-011 Sentences, foreign courts
AZE-2019-2-003 Sentencing, circumstance, consideration
BRA-2019-2-011 Separation of powers
IRL-2019-2-005 Separation of powers, checks and balances
IRL-2019-2-005 Service, domestic
MEX-2019-2-008 Sexual abuse, child
IRL-2019-2-004 Sexual abuse, minor
IRL-2019-2-004 Sexual orientation
BRA-2019-2-014 Social security, undeclared employment
MEX-2019-2-008 Software, transport service
MEX-2019-2-006 Special investigative measures, application, length
BIH-2019-2-004, BIH-2019-2-003 Special master, appointment
RSA-2019-2-003 Special master, powers, limits
RSA-2019-2-003 Spirit of democracy, tolerance, diversity
KOR-2019-2-004 Sports, justice system
ITA-2019-2-010 Sports, legal order
ITA-2019-2-010 State delegation, establishment
KOS-2019-2-003 State delegation, scope
KOS-2019-2-003 State necessity, economic
GER-2019-2-014 State necessity, invocation towards private creditor
GER-2019-2-014 State necessity, plea under international law, general legal principle
GER-2019-2-014 State security policy, criticism
TUR-2019-2-003 State system, openness, other systems
ITA-2019-2-010 Status, state pension
BUL-2019-2-005 Suffrage, universal
GER-2019-2-010 Supreme Administrative Court
CZE-2019-2-007 Surrogacy, abroad
ECH-2019-2-010 Suspension of rights
BRA-2019-2-011 Tax, recovery, enforced
GER-2019-2-012 Taxation, imposition by appropriate authority
BUL-2019-2-004 Taxation, property
BUL-2019-2-004 Telecommunication, confidentiality, regulations
CZE-2019-2-005 Temporary restriction to leave the country
KGZ-2019-2-001 Terrorism
ISR-2019-2-002 Terrorism, negotiation
ISR-2019-2-002 Torture, human dignity, infringement
MEX-2019-2-005 Traditional economic activities, indigenous people of the North
RUS-2019-2-007 Transgender persons, binary system
BEL-2019-2-003 Transport, passenger, private
BRA-2019-2-010 Transport, passengers, private
MEX-2019-2-006 Transport, taxi
BRA-2019-2-010 Transsexuality, homosexual orientation
BRA-2019-2-014 Treatment, humane, right
BRA-2019-2-012 Treatment, medical, compulsory
BRA-2019-2-012 Treatment, medical, refusal
BRA-2019-2-012 UN Human Rights Committee, international convention, breach
FIN-2019-2-001, FIN-2019-2-002 Unconstitutionality, incidenter tantum
BRA-2019-2-013 Unilateral declaration, exceptional procedure
ECH-2019-2-008 Unilateral declaration, government, violation, compensation
ECH-2019-2-008 United Nations, peace-keeping force
NED-2019-2-002 Vote, procedure, protocol
BRA-2019-2-007 Voting rights, exercise abroad, attribution, competence
MEX-2019-2-010 Voting, irregularity
BRA-2019-2-007 Warrant requirement, exception, emergency situation
KOR-2019-2-003 Working conditions, unhealthy activity
BRA-2019-2-013 Writ of execution
MNE-2019-2-001