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e-Bulletin
2019-3
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”)
May 2020
AUT-2019-3-003 a) Austria / b) Constitutional Court / c) / d) 11.12.2019 / e) G 72-74/2019-48, G 181-182/2019-18 / f) /
Automatic number plate recognition as well as covert surveillance of encrypted messages may be a suitable means for fighting crime and terrorism. However, such measures are disproportionate and therefore violate the right to respect for private life if they apply to cases of (serious) property crimes. In so far as the automatic transmission of personal data gathered by automatic speed monitoring... Read more
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
Data, personal, collecting, processing / Privacy, rights and interests, balance / Surveillance, secret.
AZE-2019-3-007 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 11.10.2019 / e) / f) Verification of the conformity of the Decision of the Civil Board of the Supreme Court of 23 December 2016 with the Constitution and laws /
Property in the Republic of Azerbaijan is inviolable and protected by the State in the Constitution and laws. The fact that a property is in the exclusive ownership of the state does not mean it cannot be transferred into private ownership.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.8
Fundamental Rights - Economic, social and cultural rights - Freedom of contract.
Property, inviolability / Property, state, privatising.
AZE-2019-3-008 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 14.10.2019 / e) / f) Inquiry by the General Prosecutors’ Office /
Suspects in criminal cases are not liable for their testimony unless they falsely denounce a specifically named person who was not involved in the perpetration of the crime, in which case they may face further charges.
4.6.10.1
Institutions - Executive bodies - Liability - Legal liability.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
False denunciation, criminal proceedings, suspects.
BLR-2019-3-004 a) Belarus / b) Constitutional Court / c) BLR-2019-3-005 a) Belarus / b) Constitutional Court / c) BLR-2019-3-006 a) Belarus / b) Constitutional Court / c) BLR-2019-3-007 a) Belarus / b) Constitutional Court / c) BLR-2019-3-008 a) Belarus / b) Constitutional Court / c)
BEL-2019-3-005 a) Belgium / b) Constitutional Court / c) / d) 26.09.2019 / e) 122/2019 / f) / BEL-2019-3-006 a) Belgium / b) Constitutional Court / c) / d) 19.12.2019 / e) 203/2019 / f) /
BIH-2019-3-005 a) Bosnia and Herzegovina / b) Constitutional Court / c) Chamber / d) 27.02.2019 / e) AP 5509/18 / f) / BIH-2019-3-006 a) Bosnia and Herzegovina / b) Constitutional Court / c) Plenary session / d) 04.10.2019 / e) U 7/19 / f) / BIH-2019-3-007 a) Bosnia and Herzegovina / b) Constitutional Court / c) Chamber / d) 27.11.2019 / e) AP 324/18 / f) /
BRA-2019-3-013 a) Brazil / b) Supreme Court / c) Full Court / d) 20.06.2018 / e) Direct Action of Unconstitutionality 5508 (ADI 5508) / f) The police chief has authority in respect of persons’ turning state’s evidence during the police investigation / BRA-2019-3-014 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 05.09.2019 / e) Extraordinary Appeal 828040 (RE 828040) / f) Workers performing high-risk activities are entitled to compensation due to damage resulting from work accidents / BRA-2019-3-015 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 27.09.2019 / e) Claim of Non-Compliance with a Fundamental Precept (ADPF 183) / f) Lack of public interest to restrict the profession of musician / BRA-2019-3-016 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 09.10.2019 / e) Direct Action of Unconstitutionality 4846 (ADI 4846) / f) Transfer of oil royalties from states to municipalities / BRA-2019-3-017 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 31.10.2018 / e) Claim of Non-Compliance with a Fundamental Precept 548 – BRA-2019-3-018 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 07.11.2019 / e) Direct action for the declaration of constitutionality 43 (ADC 43), 44 (ADC 44) e 54 (ADC 54) / f) /
CAN-2019-3-006 a) Canada / b) Supreme Court / c) / d) 11.10.2019 / e) 37994 / f) R. v. Poulin / CAN-2019-3-007 a) Canada / b) Supreme Court / c) / d) 15.11.2019 / e) 38292 / f) R. v. K.J.M. / CAN-2019-3-008 a) Canada / b) Supreme Court / c) / d) 28.11.2019 / e) 37873 / f) Desgagnés Transport Inc. v. Wärtsilä Canada Inc. /
CRC-2019-3-003 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 25.10.2019 / e) 2019-20596 / f) /
ECH-2019-3-016 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 05.09.2019 / e) 20147/15 / f) Olewnik-Cieplinska et Olewnik v. Poland / ECH-2019-3-017 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 10.09.2019 / e) 37283/13 / f) Strand Lobben and Others v. Norway [GC] / ECH-2019-3-018 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 17.10.2019 / e) 1874/13 and 8567/13 / f) Lopez Ribalda and Others v. Spain [GC] / ECH-2019-3-019 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 24.10.2019 / e) 32949/17 and 34614/17 / f) J.D. and A. v. the United Kingdom / ECH-2019-3-020 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 21.11.2019 / e) 47287/15 / f) Ilias and Ahmed v. Hungary [GC] / ECH-2019-3-021 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 21.11.2019 / e) 61411/15
CRO-2019-3-012 a) Croatia / b) Constitutional Court / c) / d) 05.02.2019 / e) U-I-2911/2017 / f) / CRO-2019-3-013 a) Croatia / b) Constitutional Court / c) / d) 03.04.2019 / e) U-IIIBi-1066/2015 / f) / CRO-2019-3-014 a) Croatia / b) Constitutional Court / c) / d) 02.07.2019 / e) U-III-673/2018 / f) / CRO-2019-3-015 a) Croatia / b) Constitutional Court / c) / d) 11.09.2019 / e) U-III-557/2019 / f) / CRO-2019-3-016 a) Croatia / b) Constitutional Court / c) / d) 09.10.2019 / e) U-I-6111/2012 / f) / CRO-2019-3-017 a) Croatia / b) Constitutional Court / c) / d) 05.11.2019 / e) U-III-5917/2016 / f) / CRO-2019-3-018 a) Croatia / b) Constitutional Court / c) / d) 05.11.2019 / e) U-IIIBi-4222/2018 / f) / CRO-2019-3-019 a) Croatia / b) Constitutional Court / c) / d) 17.12.2019 / e) U-I-1894/2013 / f) /
CZE-2019-3-009 a) Czech Republic / b) Constitutional Court / c) Plenum / d) 01.10.2019 / e) Pl. ÚS 5/19 / f) Taxation of Church Restitutions / CZE-2019-3-010 a) Czech Republic / b) Constitutional Court / c) Third Panel / d) 30.10.2019 / e) Pl. ÚS 7/19 / f) Fee for filing a complaint with the Office for the Protection of Competition / CZE-2019-3-011 a) Czech Republic / b) Constitutional Court / c) II. Panel / d) 05.11.2019 / e) II. ÚS 474/19 / f) On the principle of subsidiarity of criminal repression / CZE-2019-3-012 a) Czech Republic / b) Constitutional Court / c) II. Panel / d) 05.11.2019 / e) II. ÚS 2778/19 / f) Consumer protection in distance contracts /
EST-2019-3-001 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 18.01.2019 / e) 5-18-4 / f) Review of constitutionality of Articles 4.21, 27.1, 27.2, 27.3, 28.2.3 and 29.1.3 of the Planning Act / EST-2019-3-002 a) Estonia / b) Supreme Court / c)
ECJ-2019-3-001 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 15.01.2019 / e) C-258/17 / f) EB / ECJ-2019-3-002 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 22.01.2019 / e) C-193/17 / f) Cresco Investigation / ECJ-2019-3-003 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 12.03.2019 / e) C-221/17 / f) Tjebbes e.a / ECJ-2019-3-004 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 19.03.2019 / e) C-163/17 / f) Jawo / ECJ-2019-3-005 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 19.03.2019 / e) Joined Cases C-297/17, C-318/17, C-319/17 and C-438/17 / f) Ibrahim / ECJ-2019-3-006 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 26.03.2019 / e) C-129/18 / f) SM / ECJ-2019-3-007 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 02.04.2019 / e) C-582/17 and C-583/17 / f) H. and R. / ECJ-2019-3-008 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 15.05.2019 / e) C-391/16, C-77/17 and C-78/17 / f) M e.a / ECJ-2019-3-009 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 23.05.2019 / e) C-720/17 / f) Bilali / ECJ-2019-3-010 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 27.05.2019 / e) Joined Cases 508/18 and 82/19, 509/18 / f) OG and PI, PF (respectively) / ECJ-2019-3-011 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 13.06.2019 / e) C-22/18 / f) TopFit and Biffi / ECJ-2019-3-012 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 24.06.2019 / e) C-619/18 / f) Commission c. Pologne / ECJ-2019-3-013 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 29.07.2019 / e) C-556/17 / f) Torubarov / ECJ-2019-3-014 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 10.09.2019 / e) C-94/18 / f) Chenchooliah / ECJ-2019-3-015 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 07.10.2019 / e) C-171/18 / f) Safeway / ECJ-2019-3-016 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 15.10.2019 / e) C-128/18 / f) Dorobantu / ECJ-2019-3-017 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 05.11.2019 / e) C-192/18 / f) Commission v. Poland / ECJ-2019-3-018 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 12.11.2019 / e) C-233/18 / f) Haqbin / ECJ-2019-3-019 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 19.11.2019 / e) C-585/18, C-624/18 and C-625/18 / f) A.K. e.a / ECJ-2019-3-020 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 19.11.2019 / e) C-609/17 / f) TSN and AKT / ECJ-2019-3-021 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 19.11.2019 / e) C-418/18 / f) Puppinck e.e. v. Commission / ECJ-2019-3-022 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 19.11.2019 / e) C-502/19 / f) Junqueras Vies / ECJ-2019-3-023 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 26.12.2019 / e) Joined cases C-566/19 PPU and C-626/19 PPU, C-625/19 PPU and C-627/19 PPU / f) ) Parquet général du Grand-Duché de Luxembourg and Openbaar Ministerie, Openbaar Ministerie and Openbaar Ministerie (respectivement) /
FRA-2019-3-009 a) France / b) Constitutional Council / c) / d) 06.09.2019 / e) 2019-799/800 QPC / f) Mrs Alaitz A. and another / FRA-2019-3-010 a) France / b) Constitutional Council / c) / d) 20.09.2019 / e) 2019-802 QPC / f) Mr Abdelnour B. / FRA-2019-3-011 a) France / b) Constitutional Council / c) / d) 25.10.2019 / e) 2019-810 QPC / f) Société Air France / FRA-2019-3-012 a) France / b) Constitutional Council / c) / d) 25.10.2019 / e) 2019-811 QPC / f) Mrs Fairouz H. and others / FRA-2019-3-013 a) France / b) Constitutional Council / c) / d) 06.12.2019 / e) 2019-817 QPC / f) Mrs Claire L. /
GER-2019-3-017 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the First Panel / d) 27.08.2019 / e) 1 BvR 879/12 / f) Hotel Ban for NPD Party Official (non-discrimination between private actors) / GER-2019-3-018 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 17.09.2019 / e) 2 BvE 2/16 / f) Counter Daesh / GER-2019-3-019 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 17.09.2019 / e) 2 BvE 2/18 / f) Disciplinary Fine Against Member of the Bundestag / GER-2019-3-020 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 17.09.2019 / e) 2 BvR 650/19, 2 BvR 681/19, 2 BvR 1165/19 / f) Relaxation of detention conditions for long-term prisoners / GER-2019-3-021 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 30.10.2019 / e) 2 BvR 828/19, 2 BvR 517/19 / f) Extradition of Chechen nationals to Russia / GER-2019-3-022 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 05.11.2019 / e) 1 BvL 7/16 / f) Hartz IV Sanctions (sanctions imposed on recipients of unemployment benefits) / GER-2019-3-023 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 06.11.2019 / e) 1 BvR 16/13 / f) Right to Be Forgotten I (online archives) / GER-2019-3-024 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 06.11.2019 / e) 1 BvR 276/17 / f) Right to Be Forgotten II (search engines) / GER-2019-3-025 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 07.11.2019 / e) 2 BvR 882/19 / f) EU-Singapore Free Trade Agreement (preliminary injunction) / GER-2019-3-026 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 04.12.2019 / e) 2 BvR 1832/19 / f) Extradition of a Kurdish national to Turkey /
GRE-2019-3-001 a) Greece / b) Council of State / c) Plenary / d) 01.03.2019 / e) 435/2019 / f) / GRE-2019-3-002 a) Greece / b) Council of State / c) Plenary / d) 20.09.2019 / e) 1749, 1750/2019 / f) / GRE-2019-3-003 a) Greece / b) Council of State / c) Plenary / d) 23.01.2020 / e) 110/2020 / f) / GRE-2019-3-004 a) Greece / b) Council of State / c) Plenary / d) 06.03.2020 / e) 359/2020 / f) /
HUN-2019-3-004 a) Hungary / b) Constitutional Court / c) Plenary / d) 04.11.2019 / e) 29/2019. (XI. 4.) AB / f) Annulling ruling Bfv.III.1.075/2018/11. of the Kúria, Ruling 2.Bf.323/2014/7. of the Miskolc Regional Court and Judgment 8.B.226/2012/22. of the Tiszaújváros District Court / HUN-2019-3-005 a) Hungary / b) Constitutional Court / c) Plenary / d) 04.11.2019 / e) 30/2019. (XI. 4.) AB / f) Establishing a constitutional requirement related to Section 144.6 of Act no. XXXVI of 2013 on Electoral Procedure and on rejection of a constitutional complaint against Section 144.6 of Act no. XXXVI of 2013 on Electoral Procedure / HUN-2019-3-006 a) Hungary / b) Constitutional Court / c) Plenary / d) 15.11.2019 / e) 32/2019. (XI. 15.) AB / f) Establishing a constitutional requirement, on rejection of a constitutional complaint v. Section 1.6 of Act no. LXVI on the State Audit Office and on rejection of a constitutional complaint v. Ruling 2.Kpkf.670.489/2018/3 of the Budapest-Capital Regional Court and Ruling 101.K.31.401/2018/2 of the Budapest-Capital Administrative and Labour Court /
ISR-2019-3-003 a) Israel / b) Supreme Court (High Court of Justice) / c) Panel / d) 02.01.2020 / e) HCJ 8145/19 / f) Berry v The Attorney General /
ITA-2019-3-012 a) Italy / b) Constitutional Court / c) / d) 06.03.2019 / e) 141/2019 / f) / ITA-2019-3-013 a) Italy / b) Constitutional Court / c) / d) 17.04.2019 / e) 159/2019 / f) / ITA-2019-3-014 a) Italy / b) Constitutional Court / c) / d) 04.06.2019 / e) 206/2019 / f) / ITA-2019-3-015 a) Italy / b) Constitutional Court / c) / d) 20.06.2019 / e) 195/2019 / f) /
JPN-2019-3-001 a) Japan / b) Supreme Court / c) Grand Bench / d) 19.12.2018 / e) (Gyo-Tsu)153/2018 / f) Constitutionality of the provisions of Article 13.1 and Appended Table 1 of the Public Offices Election Act, which specify the demarcation of constituencies for an election of members of the House of Representatives to be elected from single-seat constituencies /
KOR-2019-3-006 a) Korea / b) Constitutional Court / c) / d) 31.05.2018 / e) 2014Hun-Ma346 / f) Right to Meet Counsel of a Refugee Detained for Repatriation at Incheon International Airport / KOR-2019-3-007 a) Korea / b) Constitutional Court / c) / d) 30.08.2018 / e) 2014Hun-Ba180, etc. / f) Deeming a Ruling of Judicial Compromise Issued Concerning the Claim for State Compensation for Past Incidents / KOR-2019-3-008 a) Korea / b) Constitutional Court / c) / d) 30.08.2018 / e) 2014Hun-Ba148, etc. / f) Extinctive Prescription of the Right to Claim for State Compensation for Past Incidents /
MEX-2019-3-015 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 25.08.2017 / e) SUP-JDC-841-2017 / f) / MEX-2019-3-016 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 05.10.2017 / e) SUP-REC-112-2017 / f) / MEX-2019-3-017 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 05.10.2017 / e) SUP-RAP-593-2017 / f) /
MDA-2019-3-008 a) Moldova / b) Constitutional Court / c) Plenary / d) 03.10.2019 / e) 21 / f) On the constitutional review of certain provisions of the Law no. 270 of 23 November 2018 on the unitary system of remuneration in the budgetary sector (remuneration of the members of the Superior Council of Magistrates elected among the law professors) / MDA-2019-3-009 a) Moldova / b) Constitutional Court / c) Plenary / d) 17.10.2019 / e) 24 / f) On the constitutional review of the Articles 189.3.f; 307.2.c; 327.2.c; 329.1; 329.2.b and 335.1 MDA-2019-3-010 a) Moldova / b) Constitutional Court / c) Plenary / d) 31.10.2019 / e) 27 / f) On the constitutional review of Articles 37 of the Law no. 317 on the Constitutional Court from 13 December 1994; 27 of the Law no. 789 on the Supreme Court of Justice from 26 march 1996, 22 of the Law no. 514 on the organisation of the judiciary from 6 July 1995 and 4 of the Law no. 260 on the organisation and functioning the Court Audit from 7 December 2017 (financial autonomy of the independent authorities) / MDA-2019-3-011 a) Moldova / b) Constitutional Court / c) Plenary / d) 12.12.2019 / e) 29 / f) On the plea of unconstitutionality of the article 16.9 of the Law no. 180 on voluntary declaration and fiscal stimulation from 26 July 2018 (access to information on voluntary declaration of goods) /
NED-2019-3-003 a) The Netherlands / b) Supreme Court / c) Civil chamber / d) 20.12.2019 / e) 19/00135 / f) /
NOR-2019-3-001 a) Norway / b) Supreme Court / c) Division / d) 29.01.2020 / e) HR-2020-184-A / f) / NOR-2019-3-002 a) Norway / b) Supreme Court / c) Appeals Selection Committee / d) 13.03.2020 / e) HR-2020-553-U / f) /
MKD-2019-3-001 a) Republic of North Macedonia / b) Constitutional Court / c) / d) 04.12.2019 / e) U.br.100/2019 / f) /
ROM-2019-3-002 a) Romania / b) Constitutional Court / c) / d) 24.09.2019 / e) 535/2019 / f) Objection of unconstitutionality of the provisions of Article 589 (1) b), first phrase, second sentence of the Criminal Procedure Code / ROM-2019-3-003 a) Romania / b) Constitutional Court / c) / d) 17.10.2019 / e) 657/2019 / f) Exception of the unconstitutionality of the expression "based on a subscription", contained in Article 84.3 of the National Education Law no. 1/2011 /
RUS-2019-3-010 a) Russia / b) Constitutional Court / c) / d) 14.11.2019 / e) / f) / RUS-2019-3-011 a) Russia / b) Constitutional Court / c) / d) 10.12.2019 / e) / f) /
SRB-2019-3-003 a) Serbia / b) Constitutional Court / c) / d) 24.10.2019 / e) IUo-197/2017 / f) /
SLO-2019-3-001 a) Slovenia / b) Constitutional Court / c) / d) 28.09.2016 / e) Up-185/14, U-I-51/16 / f) / SLO-2019-3-002 a) Slovenia / b) Constitutional Court / c) / d) 12.10.2017 / e) Up-515/14 / f) / SLO-2019-3-003 a) Slovenia / b) Constitutional Court / c) / d) 19.04.2018 / e) U-I-157/16, Up-729/16, Up-55/17 / f) / SLO-2019-3-004 a) Slovenia / b) Constitutional Court / c) / d) 25.04.2018 / e) U-I-140/14 / f) /
RSA-2019-3-006 a) South Africa / b) Constitutional Court / c) / d) 22.07.2019 / e) CCT 107/18 / f) Public Protector v. South African Reserve Bank / RSA-2019-3-007 a) South Africa / b) Constitutional Court / c) / d) 18.09.2019 / e) CCT 320/17 / f) Freedom of Religion South Africa v. Minister of Justice and Constitutional Development / RSA-2019-3-008 a) South Africa / b) Constitutional Court / c) / d) 10.10.2019 / e) CCT 311/17 / f) Gelyke Kanse and Others v. Chairperson of the Senate of the University of Stellenbosch and Others / RSA-2019-3-009 a) South Africa / b) Constitutional Court / c) / d) 22.10.2019 / e) CCT 174/18, CCT 178/18 / f) Moyo and another v. Minister of Police and others; Sonti and another v. Minister of Police and others / RSA-2019-3-010 a) South Africa / b) Constitutional Court / c) / d) 11.12.2019 / e) CCT 323/18, CCT69/19 / f) Tshabalala v. S (Commissioner for Gender Equality and Centre for Applied Legal Studies as amici curiae); Ntuli v. S / RSA-2019-3-011 a) South Africa / b) Constitutional Court / c) / d) 04.12.2019 / e) CCT 261/18 / f) Centre for Child Law and others v. Media 24 Limited and others /
SUI-2019-3-004 a) Suisse / b) Federal Court / c) Criminal Law Court / d) 21.03.2019 / e) 6B_1298/2018 / f) X. v. Prosecution Service of the Republic and Canton of Geneva /
SWE-2019-3-004 a) Sweden / b) Supreme Administrative Court / c) / d) 09.10.2019 / e) 1266-18 / f) / SWE-2019-3-005 a) Sweden / b) Supreme Court / c) / d) 28.09.2018 / e) B 2646-18 / f) / SWE-2019-3-006 a) Sweden / b) Supreme Court / c) / d) 09.10.2018 / e) T 1523-17 / f) / SWE-2019-3-007 a) Sweden / b) Supreme Court / c) / d) 13.06.2019 / e) Ö 3462-18 / f) / SWE-2019-3-008 a) Sweden / b) Supreme Court / c) / d) 27.06.2019 / e) B 6130-18 / f) / SWE-2019-3-009 a) Sweden / b) Supreme Court / c) / d) 09.07.2019 / e) Ö 2479-19 / f) / SWE-2019-3-010 a) Sweden / b) Supreme Court / c) / d) 17.12.2019 / e) Ö 3622-19 / f) / SWE-2019-3-011 a) Sweden / b) Supreme Court / c) / d) 27.12.2019 / e) B 5898-18 / f) /
TUR-2019-3-004 a) Turkey / b) Constitutional Court / c) First Section / d) 09.10.2019 / e) 2014/13961 / f) Ahmet Urhan / TUR-2019-3-005 a) Turkey / b) Constitutional Court / c) First Section / d) 10.10.2019 / e) 2015/3175 / f) Ulvi Bacioglu / TUR-2019-3-006 a) Turkey / b) Constitutional Court / c) Plenary / d) 07.11.2019 / e) 2016/8660 / f) sükran Irge /
UKR-2019-3-011 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 04.09.2019 / e) 6-r(II)/2019 / f) Conformity of the provisions of Article 40.3 of the Labour Code with the Constitution (constitutionality) / UKR-2019-3-012 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 20.11.2019 / e) 7-v/2019 / f) Conformity with Articles 157 and 158 of the Constitution of the Draft Law on introducing amendments to Article 106 of the Constitution on the consolidation of the President’s powers to establish independent regulatory bodies, such as the National Anti-Corruption Bureau, and to appoint to and dismiss from office the Director of the National Anti-Corruption Bureau and the Director of the State Bureau of Investigation (Reg. no. 1014) / UKR-2019-3-013 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 13.12.2019 / e) 7-r(II)/2019 / f) Constitutional compliance of Article 86.20 of the Law on the Public Prosecutor’s Office / UKR-2019-3-014 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 20.12.2019 / e) 12-r/2019 / f) Conformity of the provisions of Article 135.2 of the Housing Code of the Ukrainian SSR with the Constitution / UKR-2019-3-015 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 24.12.2019 / e) 9-v/2019 / f) Compliance of draft legislation introducing amendments to Article 81 of the Constitution (on additional grounds for early termination of powers of People’s Deputies) (reg. no. 1027) with the requirements of Articles 157 and 158 of the Constitution /
Ed. 14.05.2020 13:43:32
The legal regulation of public relations, along with acts of domestic law such as the Constitution, laws, decrees and edicts of the President, should include international treaties; these form part of the national legal system alongside domestic legislation.
2.2.1.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
Postal communication, regulation.
Written explanations given by executive state bodies on the application of laws and other normative legal acts are not intended to supplement legal regulation, although they do contain recommendations aimed at shaping the uniform application of legal rules. They fall outside the category of normative legal acts. A legal gap has consequently arisen, affording insufficient protection of the... Read more
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
3.13
General Principles - Legality.
4.6.2
Institutions - Executive bodies - Powers.
4.6.3
Institutions - Executive bodies - Application of laws.
Norm, legal, explanation, executive body.
When activities are carried out within territories affected by radioactive contamination, account must not only be taken of the national legislation but also of international treaties, acts that comprise the law of the Eurasian Economic Union, including relevant technical regulations, and other international legal instruments in the field of radiation safety.
2.2.1.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Contamination, radioactive, affected areas.
Questions had arisen over the constitutionality of a provision of the Marriage and Family Code to the effect that parental rights may be terminated in circumstances where the parents have been found to be neglecting their parental duties, where other measures have not succeeded in coercing them to perform their parental duties properly, where the family connection between the parents and their... Read more
3.5
General Principles - Social State.
3.10
General Principles - Certainty of the law.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Child, best interest / Parental duties, avoidance.
When foreigners are detained in detention centres, prior to their expulsion or removal to a foreign state, account must not only be taken of national legislation, but also of its treaties, including bilateral conventions and agreements, as these are included in the system of legal regulation in force in the Republic of Belarus. Account should also be taken of the priority of international rules... Read more
2.2.1.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
Detention, foreigner, pending deportation.
The right to donate blood is not a fundamental right. The legislature must balance the interest of men who have had sexual contact with another man in donating blood against the interest of everyone in receiving blood free of serious infectious diseases transmissible through blood. Without violating the principle of equality and non-discrimination, the protection of the health or even life of the... Read more
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Blood, donation, exclusion, homosexuality / Blood, donation, prohibition, at-risk group / Strict review.
Obliging persons seeking official recognition of their local religious community to undertake to respect the Constitution, the European Convention on Human Rights and all existing laws, not to collaborate in acts contrary to these norms and to make all necessary efforts to ensure that their local religious community is not associated with statements or acts contrary to the Constitution and the... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Religious community, public organisation, status, granting / Organisational independence / Democracy, ability to defend itself.
A violation of the ECHR occurs when a court fails to substantiate properly its conclusion on the existence of a fundamental legal requirement for detention, namely a reasonable suspicion that the applicant has committed the criminal offence with which he has been charged.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
Detention, unlawful / Detention, reasons / Suspicion, reasonable.
A provision of the Constitution of Republika Srpska, which exceptionally prescribes the death sentence for the most serious crimes, is out of line with the Constitution of Bosnia and Herzegovina and the ECHR on the prohibition of the death penalty in all circumstances.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
Death penalty, abolition.
Dismissal of a claim for payment of salary while on maternity leave on the ground of nationality represents a violation of non-discrimination in conjunction with the right to family life.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Discrimination / Leave, maternity, remuneration.
The chief of the police has authority in respect of a suspect’s turning state’s evidence vis-à-vis the suspect and the defence attorney during the police investigation, followed by the Public Prosecution’s opinion.
4.7.4.3.1
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Judicial review, over other state powers, necessity / Pardon, prisoner, competence / Pardon, legal nature / Public prosecutor, power / Punitive measure taken against collaborators / State’s evidence / Agreement, concluded definition / Authorities, administrative and judicial, separation / Collaboration / Co-operation agreement / Criminal immunity, system, lack / Criminal investigation police, officer / Criminal justice, effectiveness / Criminal law, circumstance, mitigating / Decision, judicial, evaluation / Immunity from execution / Immunity from jurisdiction / Immunity, criminal / Immunity, criminal, association.
Employees who undertake high-risk activities are entitled to compensation for occupational accidents regardless of proof of the employers´ guilt or intent.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.3.38.2
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Civil law.
Accident, work-related, compensation / Accident, work-related, damages / Damage, compensation / Right to damages / Right to just and decent working conditions / Rights of workers, protection / Worker, fundamental right, protection / Working conditions, just and decent, right.
A regulatory council holding authority to select, regulate and supervise the exercise of professional musicians violates the guarantees of freedom of occupation and artistic expression.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
5.4.22
Fundamental Rights - Economic, social and cultural rights - Artistic freedom.
Profession / Profession, access, conditions / Profession, authorisation / Profession, freedom to choose / Profession, freedom to exercise, regulation / Profession, qualification, requirement, excessive / Profession, standardisation.
The law that stipulates that states must transfer to their municipalities 25% of the royalties received for exploration of natural resources is constitutional.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.8.7.2
Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Arrangements for distributing the financial resources of the State.
4.8.8
Institutions - Federalism, regionalism and local self-government - Distribution of powers.
Authority to regulate / Authority, state, decentralisation, limitation / Autonomy, regional / Municipality, income / Municipality, resource, sufficiency, guarantee / Oil, gas, exploration, exploitation / Region, taxation / Region, autonomy, financial / State asset, transfer to regions and municipalities / Tax, calculation / Tax, local, right to determine / Tax, municipal / Tax, rate, determination, regulation.
The judicial or administrative acts that authorise or determine the entrance of public agents in public or private universities for the purpose of curbing electoral propaganda in these areas are suspended.
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.
Election campaign, violation, intensity / Election, campaign, freedom / Election, campaign, restrictions / Election, code, general principles / Election, electoral law, interpretation / Freedom of expression, election, regulated / Freedom of expression, scope of protection / Political party, election, participation, right.
Res judicata is the final term for the presumption of innocence. The final decision is the proper moment to impose on the accused the effects of the conviction.
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
Court, ordinary, constitutionality of laws, verification / Detention pending trial, constitutionality / Federal law, constitutionality / Fundamental rights, presumption of innocence / Guilt, principle / Res judicata, Constitutional Court, judgment.
Section 11.i of the Canadian Charter of Rights and Freedoms provides that any person charged with an offence has the right "if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment." A purposive analysis of Section 11.i leads to the conclusion that it confers a binary... Read more
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.16
Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law.
Charter of rights and freedoms, right to the benefit of the lesser punishment / Historical sexual offence, punishments available.
Under Section 11.b of the Canadian Charter of Rights and Freedoms, "[a]ny person charged with an offence has the right to be tried within a reasonable time". The existing framework established in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, for applying Section 11.b is capable of accommodating the enhanced need for timeliness in youth cases and there is therefore no need to introduce a... Read more
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Charter of rights and freedoms, right to be tried within reasonable time, young person / Young person, trial delay, stay of proceedings.
The constitutional division of federal and provincial powers is set out in the Constitution Act, 1867. The sale of marine engine parts intended for use on a commercial vessel is sufficiently and integrally connected to navigation and shipping so as to come within federal legislative authority under the federal power enumerated at Section 91.10 of the Constitution Act, 1867, and therefore be... Read more
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
Sale of marine engine parts, contract / Contract, choice of law clause.
Article 167 of the Constitution establishes a mandatory consultation procedure regarding legislation that affects the organisation or functioning of the Judicial Branch. This provision encompasses those explicit provisions that creates, modifies in a substantial manner or eliminates jurisdictional or administrative bodies ascribed to the Judicial Power, or that substantially modifies or... Read more
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.19
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
5.3.13.20
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
5.3.29
Fundamental Rights - Civil and political rights - Right to participate in public affairs.
5.4.10
Fundamental Rights - Economic, social and cultural rights - Right to strike.
5.4.11
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
Branches of Government, Separation / Judiciary, Constitutional protection.
Inadequate response of domestic authorities in a case of kidnapping and prolonged abduction
Circumstances of kidnapping and death unclear seventeen years after events
Since Osman, it must be established that the authorities knew or ought to have known at the time, of the existence of a real and immediate risk to the life of an identified individual or individuals from the criminal acts of a... Read more
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Life, effective investigation / Life, positive obligations.
Shortcomings in decision-making process resulting in adoption of vulnerable child by foster parents
The best interests of the child dictate, on the one hand, that the child’s ties with its family must be maintained, except in cases where the family has proved particularly unfit, since severing those ties means cutting a child off from its roots. It follows that family ties may only be severed in... Read more
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Child, best interest, maintenance of family ties / Child, temporary care, ultimate aim, reuniting natural parents and child.
Covert video-surveillance of supermarket cashiers and sales assistants by employer
The principles established by the Court in B__arbulescu v. Romania [GC] were transposable, mutatis mutandis, to the circumstances in which an employer might implement video-surveillance measures in the workplace. Those criteria had to be applied taking into account the specificity of the employment... Read more
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Video surveillance, workplace, legitimate.
No distinction made in favour of certain categories of vulnerable social housing tenants in the application of amended housing benefit scheme
Even the wide margin in the sphere of economic or social policy would not justify laws or practices that would violate the prohibition of discrimination, so that the following tests would be applied:
- In the context of Article 14 ECHR in conjunction with... Read more
3.19
General Principles - Margin of appreciation.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Discrimination, disability / Discrimination, sex / No distinction, amended housing benefit scheme, vulnerable tenants, social housing / Test, justification, measure of social and economic policy.
Respondent State’s failure to assess the risk of denial of access to asylum proceedings in a presumed safe third country, including refoulement
Conditions of confinement in transit zone
De facto confinement lasting twenty-three days in land border transit zone
Drawing on M.S.S. v. Belgium and Greece [GC], the Court has clarified the nature of the duty of the expelling... Read more
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.
Asylum, risk of refoulement, presumed safe third country / Asylum, seeker, refoulement / Expulsion, safe third country / Expulsion, presumed safe third country, denial of access to asylum proceedings / Refoulement, pre-trial detention / Confinement, conditions, land border transit zone.
Asylum-seekers held for lengthy periods in airport transit zone
Conditions in which asylum-seekers were held in airport transit zone
The Court set out four factors to be taken into consideration when assessing whether a measure of confinement of asylum-seekers amounts to a restriction on liberty of movement or to a deprivation of liberty whether in an airport transit zone or in reception... Read more
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.
Asylum, seeker, confinement, airport transit zone.
The primary purpose of the guarantee of the right to appeal under Article 18 of the Constitution is to provide protection against unfair treatment in the form of arbitrary actions or gross violations, irrespective of the reasons for their occurrence. Given the fact related to constitutional law that judicial power, based on the constitutional principle of the independence and autonomy of judicial... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.2.1.6.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions.
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.
5.3.13.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Appeal, competent court / Appeal, time limit for a court decision / Public procurement, legislative model / Damage, compensation, public procurement.
The fact that the investigation of the criminal offence of war crime has not resulted in any findings as to the identity of the perpetrators and their conviction does not mean in itself that the investigation was not effective.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2
Sources - Categories - Case-law - International case-law.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Positive obligation, investigation / Investigation, criminal / Investigation, effective, requirement / War crime.
Administrative courts are required to provide real and efficient protection to applicants, within the meaning of Article 19.2 of the Constitution, read in conjunction with Article 29.1 of the Constitution. Such a court will fail to do so where it does not pay due attention to a party’s objections or where it fails to respond to such objections but, on the contrary, adopts a formalistic approach... Read more
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Conflict of interest, administrative law / Conflict of interest, official, high / Conflict of interest, Commission, decision, judicial control.
It is the responsibility of a competent court to assess an individual’s application for international protection by reference to all the facts, and where necessary to give the applicant the benefit of the doubt. This includes consideration of evidence put forward by the applicant concerning her personal situation, and consideration of the credibility of the applicant’s evidence. The... Read more
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
Administrative dispute, evidence, rules / Asylum, foreigner / Asylum, refusal / Asylum, seeker, vulnerable group, women / Asylum, persecution, acts, / Violence, physical / Violence sexual.
In principle, third-country nationals do not have an absolute right to enter and reside in Croatia. Every state has the discretionary right to determine who may enter into and remain in its territory. Legislation governs the ability of such third-country nationals to remain and work in Croatia. It does so by prescribing an annual quota. It provides a discretion to allow individuals outside the... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
5.2
Fundamental Rights - Equality.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Alien, residence / Alien, permit, work / Alien, trading company, right to establish.
The High Administrative Court failed to guarantee the right to fair trial under Article 29.1 of the Constitution where it failed to provide sufficient and relevant reasons for not instituting an ex officio review of the legality of a general act under Article 83.2 of the Administrative Disputes Act (hereinafter, "ADA"), which in this case as a spatial plan. By failing to provide such... Read more
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Fundamental Rights, protection, dispute, administrative / High Administrative Court, general act, review, legality / Plan, land-use.
No effective investigation is conducted consistently with right to life guaranteed by the Constitution and the European Convention on Human Rights where authorities unjustifiably take no steps to conduct an investigation over a prolonged period of time. This is the case even where at the outset of an investigation the authorities were faced with objective difficulties stemming from war or a... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
Human rights, violation, compensation / Constitutional court, award, compensation / Investigation, criminal, effectiveness.
The Constitutional Court held that it had no jurisdiction to determine the constitutionality of a statutory provision where its content was identical to a provision in the Constitution.
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
Review, constitutional / Provision, Constitution, statute, identical.
A provision was introduced which, under the guise of taxing the income of churches and religious societies from what was described as "church restitutions" retroactively reduced the agreed financial compensation for these establishments, although they had become legally entitled to this sum and could legitimately have expected to it.
This provision represents a breach of the fundamental... Read more
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.22
General Principles - Prohibition of arbitrariness.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Law, amendment, retroactive, application / Legitimate expectation, principle, protection / Pacta sunt servanda, principle / Constitution, violation, substantial / Church, property, restitution / Property, seizure under communist regime / Taxation, church.
The constitutional principle of the rule of law directly implies the requirements of predictability and consistency of law and the prohibition of arbitrariness. The principle of primacy of an individual before the State applies, whereby the State serves all citizens, not the other way around. The requirement of unambiguousness of the law and its internal compliance is of vital significance when... Read more
3.9
General Principles - Rule of law.
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
3.22
General Principles - Prohibition of arbitrariness.
4.6.2
Institutions - Executive bodies - Powers.
5.3.37
Fundamental Rights - Civil and political rights - Right of petition.
Public procurement / Independent administrative authority, duties / Proceedings, issue, fee.
In terms of the principle of subsidiarity of criminal repression, if the criminal courts fail to provide adequate reasoning as to why more lenient measures of private law in a specific case would not be adequate and effective, the resulting judgments may be contrary to the Charter of Fundamental Rights and Freedoms.
Only the type of unlawful conduct which cannot be sufficiently remedied by means... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Defamation, internet / Defamation, criminal / Criminal offence, definition / Subsidiarity, principle.
A court which fails to take note of consumer protection under the Charter of Fundamental Rights of the European Union and the legal regulations adopted to ensure such protection is acting in breach of the Constitution and thus violating the right of the parties to the proceedings to the Charter of Fundamental Rights and Freedoms.
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
3.22
General Principles - Prohibition of arbitrariness.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Consumer protection / Contract, sale and purchase / Examination of goods, contract, withdrawal.
According to Article 154.1 of the Constitution, all local matters are determined and administered by local authorities, who fulfil their duties autonomously, in accordance with the law. Autonomy of planning, as well as the right of local authorities to decide whether and how to resolve issues of spatial planning within their boundaries, is covered by the local authorities’ right of... Read more
3.4
General Principles - Separation of powers.
3.12
General Principles - Clarity and precision of legal provisions.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.8.4.1
Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.
4.8.8
Institutions - Federalism, regionalism and local self-government - Distribution of powers.
National designated spatial plan / Public interests, protection / Right to self-organisation, interference.
In the field of law-making the Parliament (Riigikogu) has a broad power of discretion on the regulation of legal relationships. The fundamental right to family arises from Article 26 of the Constitution, under which everyone is entitled to inviolability of their private and family life, and from Article 27.1 of the Constitution establishing that the family, as being fundamental to the... Read more
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
3.12
General Principles - Clarity and precision of legal provisions.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.34
Fundamental Rights - Civil and political rights - Right to marriage.
Implementation, law / Same-sex relationships / State, liability / Temporary residence permit.
The application of Directive 2000/78/CE of the Council, 27 November 2000 on the creation of a general framework in favour of equal treatment with regard to employment and work (JO 2000, L 303, p. 16) in relation to a disciplinary decision adopted in 1975, ordering the early retirement of an official with a reduction of 25% to the amount of his pension.
The application of this sanction... Read more
3.21
General Principles - Equality.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
Pension, retirement / Pension, reduction / Discrimination, sexual orientation.
The prohibition of any discrimination on grounds of religion or belief is mandatory as a general principle of EU law. That prohibition is sufficient in itself to confer on individuals a right which they may rely on as such in a dispute between them and another individual in a field covered by European Union law. The referring court is thus obliged to guarantee the legal protection afforded under... Read more
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
3.21
General Principles - Equality.
5.2.1.2.2
Fundamental Rights - Equality - Scope of application - Employment - In public law.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
Religion, employment / Charter of Fundamental Rights of the European Union / Religion, religious denomination, protection / Religion, encouragement by the state / Directive, transposition, measures, national, compromising result prescribed.
EU law does not preclude, as a matter of principle, a Member State from prescribing for reasons of public interest the loss of its nationality, even if that loss will entail the loss of citizenship of the Union. It is legitimate for a Member State to take the view that nationality is the expression of a genuine link between it and its nationals, and therefore to prescribe that the absence, or the... Read more
3.1
General Principles - Sovereignty.
5.3.8
Fundamental Rights - Civil and political rights - Right to citizenship or nationality.
Citizenship, right, refusal / Citizenship, acquisition, conditions.
With regard to Regulation no. 604/2013 (Regulation (EU) no. 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ 2013 L 180, p. 31)) (hereinafter,... Read more
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
National, third-country / Asylum, seeker, protection, international / Asylum, request, examination, determination of the Member State responsible / Charter of Fundamental Rights of the European Union / Sending to safe third country, condition / Refugee, rights, national treatment.
When an applicant faces, in a Member State, a risk of suffering inhuman or degrading treatment in breach of Article 4 of the Charter of Fundamental Rights, that precludes his transfer to that State, regardless of whether that risk exists at the very time of transfer, in the course of the asylum procedure or on the conclusion of that procedure. By analogy, the Court held that a Member State may... Read more
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
National, third-country / Asylum, seeker, protection, international / Asylum, request, examination / Asylum, subsidiary protection, standards / Asylum, refusal, procedure / Asylum, request, examination, determination of the Member State responsible.
The situation of a child who has been placed with citizens of the Union under a legal guardianship system such as Algerian kafala and in respect of whom those citizens assume responsibility for its care, education and protection, in accordance with an undertaking entered into on the basis of the law of the child’s country of origin - such a child does fall under the definition of one of... Read more
3.26
General Principles - Fundamental principles of the Internal Market.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
European Union, citizen, free movement and residence in territory of Member States, right / European Union, citizen, dependent person, right to residence / Family, reunification / Dependent person, definition.
The criteria for determining responsibility set out in Articles 8 to 10 of the Dublin III Regulation are intended to promote the best interests of the child and the family life of the persons concerned, when the person concerned has provided the competent authority of the second Member State with information clearly establishing that that Member State must be regarded as the Member State... Read more
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
National, third-country / Asylum, seeker, protection, international / Asylum, request, examination / Asylum, request, examination, determination of the Member State responsible.
The persons covered by one of the scenarios described in Article 14.4 and 14.5 of Directive 2011/95 are liable, under Article 33.2 of Geneva Convention Relating to the Status of Refugees, to a measure whereby they are refouled or expelled to their country of origin, even though their life or freedom would be threatened in that country, such persons may not, by contrast, under that directive, be... Read more
2.1.1.4.5
Sources - Categories - Written rules - International instruments - Geneva Convention on the Status of Refugees of 1951.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
National, third-country / Refugee, status, determination / Refugee, status, revocation / Refugee status, exclusion.
Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9) read in conjunction with... Read more
2.1.1.4.5
Sources - Categories - Written rules - International instruments - Geneva Convention on the Status of Refugees of 1951.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
National, third-country / Asylum, seeker, protection, international / Asylum, request, examination / Asylum, subsidiary protection, standards / Asylum, refusal, procedure / Asylum, request, examination, determination of the Member State responsible.
The concept of a ‘judicial authority’, within the meaning of Article 6.1 of Framework Decision 2002/584, requires an autonomous interpretation and that concept is not limited to designating only the judges or courts of a Member State, but must be construed as designating, more broadly, the authorities participating in the administration of criminal justice in that Member State, as distinct from,... Read more
3.4
General Principles - Separation of powers.
4.7.4.1.6.3
Institutions - Judicial bodies - Organisation - Members - Status - Irremovability.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
European Arrest Warrant / Effective judicial protection, right / Judicial authority, independence / Judicial authority, intervention, necessity / Public prosecutor, power / Prosecutor, independence.
The total exclusion of a non-national athlete to a national championship on account of his nationality seems to be disproportionate where there is a mechanism for the participation of such an athlete in such championships, at the very least in the heats and/or without classification.
3.21
General Principles - Equality.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
European Union, citizen / European Union law, principles, equal treatment, nationality, discrimination / Free movement of persons, athlete amateur, competition, national, difference of treatment / Right to attend sporting events, restriction.
With regard to their failure to state reasons, the opinions delivered by the National Council of the Judiciary are not such as to be apt to provide objective clarification in regard to the exercise of the power conferred on the President of the Republic by the New Law on the Supreme Court, with the result that that power is capable of giving rise to reasonable doubts, particularly in the minds of... Read more
3.4
General Principles - Separation of powers.
4.7.1
Institutions - Judicial bodies - Jurisdiction.
4.7.4.1.5
Institutions - Judicial bodies - Organisation - Members - End of office.
4.7.4.1.6.3
Institutions - Judicial bodies - Organisation - Members - Status - Irremovability.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Judiciary, independence, guarantees / Judge, irremovability / Effective judicial protection, right / Retirement age, judge.
The Directive 2013/32 of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L 180 p. 60). which defines the scope of right to an effective remedy which applicants for international protection (refugee status or subsidiary protection) must have, inter alia, against decisions rejecting their... Read more
2.1.1.4.5
Sources - Categories - Written rules - International instruments - Geneva Convention on the Status of Refugees of 1951.
4.7.1
Institutions - Judicial bodies - Jurisdiction.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
National, third-country / Asylum, seeker, protection, international / Asylum, powers / Asylum, request, examination.
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) no 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158,... Read more
3.26
General Principles - Fundamental principles of the Internal Market.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
European Union, citizen, free movement and residence in territory of Member States, right / European Union citizen, marriage, non-EU citizen, right to residence / Expatriation, measure / Foreigner, expulsion, right to family life / Public order, protection / Public safety, protection.
Measures seeking to end discrimination contrary to EU law may, exceptionally, be adopted with retroactive effect provided that they are in fact warranted by an overriding reason in the public interest. While the risk of seriously undermining the financial balance of a pension scheme may constitute such an overriding reason in the public interest, the Court observed that it is for the referring... Read more
2.2.1.6.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
3.21
General Principles - Equality.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Employment, remuneration, discrimination / Pension, retirement / Equality between men and women / Employee, discrimination, age / European Union, law, primacy.
A finding, by the executing judicial authority, that there are substantial grounds for believing that, following the surrender of the person concerned to the issuing Member State, that person will run such a risk, because of the conditions of detention prevailing in the prison in which it is actually intended that he will be detained, cannot be weighed, for the purposes of deciding on that... 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.
European Arrest Warrant, surrender procedures between Member States / European Arrest Warrant, non-execution, limitations / European Union, member states, mutual trust / Review, standard.
By establishing a different retirement age for men and women who were judges or public prosecutors and, second, by lowering the retirement age of judges of the ordinary courts while conferring on the Minister for Justice the power to extend the period of active service of those judges, naturally creates, in the minds of individuals, reasonable doubts regarding the fact that the new system might... Read more
3.4
General Principles - Separation of powers.
4.7.1
Institutions - Judicial bodies - Jurisdiction.
4.7.4.1.5
Institutions - Judicial bodies - Organisation - Members - End of office.
4.7.4.1.6.3
Institutions - Judicial bodies - Organisation - Members - Status - Irremovability.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
5.3.14
Fundamental Rights - Civil and political rights -
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
Judiciary, independence, guarantees / Judge, irremovability / Effective judicial protection, right / Retirement age, judge.
Member States are not allowed to impose in cases when an applicant for international protection is guilty of serious breaches of the rules of the accommodation centre in which he or she is hosted or of seriously violent behaviour, a sanction consisting in the withdrawal, even temporary, of material reception conditions relating to housing, food or clothing in respect of the applicant.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.4.18
Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.
National, third-country / Asylum, seeker, protection, international / Refugee, rights, national treatment / Refugee, rights, adequate accommodation / Refugee, rights, social benefits / Refugee, rights, standard of living / Dignified minimum existence, fundamental right to guarantee / Asylum, request, unaccompanied minor.
The right to an effective remedy, precludes cases concerning the application of EU law from falling within the exclusive jurisdiction of a court which is not an independent and impartial tribunal. That is the case where the objective circumstances in which such a court was formed, its characteristics and the means by which its members have been appointed are capable of giving rise to legitimate... Read more
3.4
General Principles - Separation of powers.
4.7.1
Institutions - Judicial bodies - Jurisdiction.
4.7.4.1
Institutions - Judicial bodies - Organisation - Members.
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Judiciary, independence, guarantees / Effective judicial protection, right.
The right to a period of paid annual leave of at least 4 weeks, does not preclude national rules or collective agreements which provide for the granting of days of paid annual leave which exceed that minimum period, and yet exclude the carrying over of those days of leave on the grounds of illness.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Paid leave, right, prescription / Employment, leave, unused, relief, right.
In accordance with the Treaty on European Union (Article 11.4 TEU) and Regulation no 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens’ initiative (OJ 2011 L 65, p. 1, and corrigendum OJ 2012 L 94, p. 49) European Union citizens who number at least one million and who come from at least one quarter of all Member States may take the initiative of inviting... Read more
3.3.1
General Principles - Democracy - Representative democracy.
4.17.3
Institutions - European Union - Distribution of powers between institutions of the EU.
4.17.4
Institutions - European Union - Legislative procedure.
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
Citizenship, active / Legislation, right to initiate, admissibility / European Union, institutional balance / European Commission, legislative initiative.
A person elected to the European Parliament acquires the status of Member of Parliament as a result of and from the time of the declaration of the election results, with the result that he enjoys the immunities guaranteed by Article 9 of Protocol 7 on the privileges and immunities of the European Union.
3.3.1
General Principles - Democracy - Representative democracy.
4.5.11
Institutions - Legislative bodies - Status of members of legislative bodies.
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
4.17.1.1
Institutions - European Union - Institutional structure - European Parliament.
European Parliament, member, election / European Parliament, member, immunity / European Parliament, member, conviction, criminal.
The concept of ‘issuing judicial authority’ is capable of encompassing the authorities of a Member State who, without being judges or courts, participate in the administration of criminal justice and act independently. The latter condition assumes the existence of rules governing their constitution and organisation will ensure that, when issuing a European arrest warrant, the authorities... Read more
3.4
General Principles - Separation of powers.
4.7.4.1.6.3
Institutions - Judicial bodies - Organisation - Members - Status - Irremovability.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
European Arrest Warrant, issuing judicial authority, independence / Effective judicial protection, right / Judicial authority, intervention, necessity / Public prosecutor, power / Prosecutor, independence.
By decision no. 2019-799/800 of 6 September 2019, the Constitutional Council objected to the provisions of Article 730-2-1 of the Code of Criminal Procedure insofar as they prevent a foreign national convicted of a terrorist offence against whom an order requiring his or her removal from the country has also been issued from requesting his or her conditional release.
Since the contested... Read more
1.6.5.5
Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect.
3.16
General Principles - Proportionality.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.5.1.4
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release.
Convicted person, release / Removal from the country, measure / Provisional release pursuant to a court order, conditions for release / Foreign national / Sentence, necessity, principle / Sentence, purpose / Sentence, proportionality.
The Constitutional Council holds that the fact that, within criminal proceedings, a person held in pre-trial detention does not have the opportunity to challenge the use of audio-visual telecommunications equipment in a hearing concerning an application for release filed by that person violates the rights of the defence.
In effect, a consequence of this provision is that a person held in... Read more
1.6.2
Constitutional Justice - Effects - Determination of effects by the court.
3.16
General Principles - Proportionality.
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.
Administration of justice / Defence, effective / Detainee, right / Pre-trial detention.
The Constitutional Council upholds as constitutional an aspect of the regime imposing sanctions on air carriers that disembark onto French territory a foreign national other than a citizen of a European Union member state who lacks a travel document and, as the case may be, the required visa.
Specifically, the legislature did not intend to involve air carriers in the verification of the... Read more
1.3.5.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law.
4.15
Institutions - Exercise of public functions by private bodies.
Border, crossing, irregular / Foreign national / Penalty, administrative.
The legislature has not violated the Constitution by providing that only lists that have received at least 5% of the votes cast are eligible to be allocated seats in European Parliament elections.
In effect, the Constitutional Council ruled that the procedures adopted by the legislature are not manifestly inappropriate having regard to the objective pursued, as they do not disproportionately... Read more
4.9.10
Institutions - Elections and instruments of direct democracy - Minimum participation rate required.
4.17.1.1
Institutions - European Union - Institutional structure - European Parliament.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Equality / Election, electoral law, system, voting, minimum threshold / Political party, not represented in Parliament / Election, European Parliament / Election, threshold.
The Constitutional Council finds that the prohibition by the legislature of the use of photographic or sound or audio-visual recording equipment during hearings before administrative or ordinary courts is not unconstitutional.
Specifically, the restriction imposed by the contested provisions on freedom of expression and communication is necessary, appropriate and proportionate to the objectives... Read more
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
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.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Administration of justice / Freedom to impart information / Media, freedom of expression / Presumption of innocence.
1. A private hotel owner who bans a party official from an extremist right-wing party from the hotel premises on the grounds of their political opinions does not violate the principle of non-discrimination.
2. Even when read in conjunction with the doctrine of indirect horizontal effects, Article 3.1 of the Basic Law does not give rise to a general principle according to which legal... Read more
5.1.2
Fundamental Rights - General questions - Horizontal effects.
5.2.1.2.1
Fundamental Rights - Equality - Scope of application - Employment - In private law.
5.2.2.9
Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation.
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.
Discrimination, private actors, political opinion / Equality, application, private law / Hotel, ban, guest, political party / Monopoly, non-discrimination / Social life, participation.
1. Where the Federal Government participates in further developing a system of mutual collective security, it violates the German Bundestag’s right to participate in decisions on foreign policy matters under Article 24.2 in conjunction with the first sentence of Article 59.2 of the Basic Law if the measure in question exceeds the authorisation conferred by the act of approval to the... Read more
1.3.1
Constitutional Justice - Jurisdiction - Scope of review.
1.3.4.2
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.1
Sources - Categories - Written rules - International instruments - United Nations Charter of 1945.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.3
Sources - Categories - Case-law - International case-law - Other international bodies.
3.4
General Principles - Separation of powers.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
4.11.1
Institutions - Armed forces, police forces and secret services - Armed forces.
4.17
Institutions - European Union.
Armed attack, non-state actor, terrorist group / Armed forces, deployment, abroad / Defence policy / Federal Government, executive decision-making, international relations / Federal Government, ultra vires act, international treaty / ISIL, terrorist attacks / Military operation, defence, international / Mutual collective security, system, international law / International Court of Justice, case-law / Mutual defence clause / Non-state actors, self-defence, international law / Organstreit proceedings (disputes between constitutional organs), material deviators / Parliament, act of approval, international treaty / Self-defence, collective, right, international law / Standing, constitutional dispute, parliamentary group / Standing, vicarious / Terrorism, fight, international coalition / Use of force, international law.
1. An applicant who remained passive even though they would have had opportunity to prevent, through their own timely intervention, the rights violation they later challenge in Organstreit proceedings lacks the necessary legal interest to bring proceedings. The Federal Constitutional Court does not mean to restrict access to its proceedings by merely referring the applicant to general... Read more
4.5.4.1
Institutions - Legislative bodies - Organisation - Rules of procedure.
4.5.4.2
Institutions - Legislative bodies - Organisation - President/Speaker.
4.5.4.3
Institutions - Legislative bodies - Organisation - Sessions.
4.5.11
Institutions - Legislative bodies - Status of members of legislative bodies.
Organstreit, dispute between constitutional organs, disciplinary fire / Parliamentary dispute, president, member / Parliament, order, maintain / Parliament, organisation, autonomy / Parliament, member, disciplinary measure / Remedy, objection procedure.
1. The right to social reintegration rooted in fundamental rights (Article 2.1 in conjunction with Article 1.1 of the Basic Law) requires that imprisonment be aimed at enabling prisoners to live in freedom without committing any further offences in the future.
2. Even if long-term prisoners do not show any signs of (potential) detrimental effects caused by the detention or limitations of their... Read more
3.20
General Principles - Reasonableness.
3.22
General Principles - Prohibition of arbitrariness.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
Discrimination, private actors, political opinion / Equality, application, private law / Hotel, ban, guest, political party / Monopoly, non-discrimination / Social life, participation.
1. When German courts decide on the permissibility of extraditions, they are constitutionally required to review whether the requested extradition would violate indispensable constitutional principles or indispensable standards of fundamental rights protection as guaranteed under Article 79.3 in conjunction with Articles 1.1 and 20 of the Basic Law.
2. When determining the permissibility of an... Read more
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Extradition, receiving state, assurance / Extradition, obstacle, conformity of criminal proceedings with rule of law / Persecution, risk, assessment.
1. The essential constitutional requirements for the design of state benefits under basic income protection law follow from the fundamental rights guarantee of a minimum standard of living in accordance with human dignity deriving from Article 1.1 in conjunction with Article 20.1 of the Basic Law. Both a physical and a sociocultural minimum standard of living must be ensured. Every person is... Read more
3.5
General Principles - Social State.
3.16
General Principles - Proportionality.
3.19
General Principles - Margin of appreciation.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.4.15
Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits.
5.4.18
Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.
Basic income, guarantee / Benefit, subsidiarity / Extreme hardship / Minimum subsistence / Sanctions, unemployment benefit / Unemployment benefit reduction, limit / Unemployment benefit, cooperation, obligation, enforcement, sanction / Welfare.
1. a. The Federal Constitutional Court reviews domestic law that is fully determined by EU law primarily on the basis of the fundamental rights of the Basic Law, including in cases where the relevant provisions of domestic law serve the implementation of EU law.
b. Relying on the fundamental rights enshrined in the Basic Law as the primary standard of review is informed by the assumption that EU... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions.
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.
2.2.1.6.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
3.17
General Principles - Weighing of interests.
5.1.2
Fundamental Rights - General questions - Horizontal effects.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.22
Fundamental Rights - Civil and political rights - Freedom of the written press.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Criminal conviction, rehabilitation / Constitutional review, distribution of powers between EU and member states / Data protection, media privilege / EU fundamental rights, application, constitutional court / EU law, implementation, leeway to design / Fundamental rights, Member States, diversity / General right of personality, statements relating to one’s person, protection / General right of personality, informational self-determination / Internet, information, access / Murder, trial, media reporting / Online archive, press / Right to be forgotten / Standard of review, EU law, domestic fundamental rights / Subject of review, EU law, domestic application.
1. To the extent that the application of EU legislation takes precedence over German fundamental rights, the Federal Constitutional Court reviews the domestic application of such legislation by German authorities on the basis of EU fundamental rights. By applying this standard of review, the Federal Constitutional Court discharges its responsibility with regard to European integration under... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions.
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.
2.2.1.6.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
5.1.2
Fundamental Rights - General questions - Horizontal effects.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Broadcasting, access, online / Data protection, media privilege, scope / Employer, right of personality, protection / Employee, unfair treatment / EU fundamental rights, application, constitutional court / EU law, implementation, leeway to design / General right of personality, statements relating to one’s person, protection / General right of personality, informational self-determination / Internet, information, access / Right to be forgotten / Search engine, de-referencing / Subject of review, EU law, domestic application.
1. a. If an act of approval to an international treaty is challenged in the principal proceedings, it may be appropriate to not just weigh the consequences, but to already carry out a summary examination in the course of the preliminary injunction proceedings. It must then be established in the course of this examination whether the reasons submitted for the unconstitutionality of the challenged... Read more
1.3.4.14
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states.
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
1.3.5.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law.
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
2.2.1.6.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions.
3.1
General Principles - Sovereignty.
3.3.1
General Principles - Democracy - Representative democracy.
4.17.1.3
Institutions - European Union - Institutional structure - Council of Ministers.
4.17.2
Institutions - European Union - Distribution of powers between the EU and member states.
Act, ultra vires / Constitutional identity / Democracy, right, individual / European Union, competences, international treaty, conclusion / Free trade, agreement, European Union / Injunction, preliminary, treaty, approval / International treaty, approval, Council of Ministers / Subject of review, government decision, Council of Ministers / Weighing of consequences, standard, preliminary proceedings.
1. When German courts decide on the permissibility of extraditions, they are constitutionally required to review whether the requested extradition would violate indispensable constitutional principles or indispensable standards of fundamental rights protection as guaranteed under Article 79.3 in conjunction with Article 1.1 and Article 20 of the Basic Law.
2. When determining the permissibility... Read more
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Effective judicial protection, right / Extradition, assurance by receiving state / Extradition, assurances, receiving state / Persecution, risk, assessment.
For the promotion of a judicial officer to the post of General Commissioner of the State of the Court of Audit, the prior consent of the judicial officer is required. Tacit non-objection by the proposed candidate constitutes consent. Article 90.5 of the Constitution is interpreted in conjunction with the other constitutional provisions and with EU law. As long as the applicant was called to a... Read more
1.1.3
Constitutional Justice - Constitutional jurisdiction - Status of the members of the court.
1.3.5.13
Constitutional Justice - Jurisdiction - The subject of review - Administrative acts.
Judge, promotion / Judge, administrative role / Judge, appointment.
Greek pupils enjoy the consitutional right, safeguarded also under Article 2 Protocol 1 ECHR, to be taught the main religion of the Greek state, that is the Christian Orthodox religion. Religious class in Greek schools is addressed exclusively to pupils who embrace the Christian Orthodox dogma and not to heterodox Christian pupils, atheist pupils or those of another faith. Pupils of a different... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Religion, compulsory subject / Religion, education, neutrality of the State / Religion, education, publicly-funded school / Religion, encouragement by the state / Religion, instruction, level, differentiation / Education, public, religion, encouragement by the State / Religion, education, option / Religion, education, orthodox, compulsory / Religion, education, participation of children of other denomination.
The Minister of Justice holds wide discretion regarding the order of the states to which a person may be extradited. Considerations such as a commitment made by a state not to further extradite a person to another state may influence this discretion.
Extradition may impact a foreigner’s right to family life within the meaning of the European Convention on Human rights and should, therefore, be... Read more
3.10
General Principles - Certainty of the law.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Extradition, foreigner, procedure, human rights / Judicial review, Council of State / Mutual recognition, principle / European Arrest Warrant, criminal procedure, international law / Extradition, surrender, order of priority.
The twofold procedure (administrative and criminal), which is provided for in law with the aim to combat tax evasion, should be organised by the legislator, irrespective of the amount of money evaded, so that the criminal judge assumes competence after the administrative judge has issued a final judgment on a case, given the fact that the Constitution would not tolerate the situation whereby one... Read more
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
5.3.14
Fundamental Rights - Civil and political rights -
Sanction, tax evasion, administrative, criminal / Sanction, twofold, tax, customs duty, violation / Principle, non bis in idem.
One of the major guarantees of freedom of expression is that courts shall examine the substance of an allegation and the accused shall be provided with the opportunity to assert his or her rights in a formalised procedure.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Freedom of expression, exception, protection, scope / Freedom of expression, scope of protection / Defamation, against public official / Defamation, criminal / Defamation, facts, allegation, proof / Slander / Defamation, via Internet / Social media.
During the electoral campaign period, requests for deploying self-advertising equipment and billboards by candidates for election may only be refused if there is a powerful reason that would legitimise the limitation of the right to freedom of expression.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
Election, campaign, limitation / Election, campaign, restriction / Public order / Election, advertising / Advertising, limitation / Advertising, political.
Administrative acts are subject to review based on the right to an effective remedy. For bodies of a non-administrative nature, such as a State Audit Office, only those decisions made by administrative bodies based on the findings of such a body can be substantially reviewed by courts. The scope of the review shall include legality and the quantum of financial sanctions imposed.
4.10.6
Institutions - Public finances - Auditing bodies.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Administrative act, challenge / Administrative act, nature / Administrative decision, judicial review / Administrative decision, definition / Administrative act, judicial review / Audit, report / Audit, measure.
The Supreme Court, sitting as the High Court of Justice, was asked to consider whether the law allows the task of forming a government to be assigned to a member of Knesset against whom it has been decided that an indictment shall be filed for offences of moral turpitude. Alternatively, the Supreme Court was requested to instruct the Attorney General to issue his opinion on this matter. The... Read more
1.1.4
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions.
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.4.5
Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes.
Executive, formation / Legislature, member, moral turpitude / Supreme Court, application, premature.
It is not possible to maintain that voluntary prostitution constitutes an inviolable right on the basis of the mere fact that it involves the sexual sphere of those who engage in it. The offer of sexual services for valuable consideration is not at all an instrument of protection and development of the human person but constitutes a particular form of economic activity.
Freedom of economic... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
3.14
General Principles -
5.2
Fundamental Rights - Equality.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.5.2
Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour.
5.4.5
Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration.
Prostitution, aiding and abetting / Prostitution, economic activity / Human dignity, protection / Principle of offensiveness (criminal law).
The constitutional guarantee of fair remuneration transcends the purely reciprocal logic that is inherent within contracts providing for reciprocal performance, and pertains to the very fundamental values of human existence. It manifests itself not only in the requirement that the amount actually paid must be appropriate, but also in the requirement of timely payment.
This constitutional... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.17
General Principles - Weighing of interests.
3.20
General Principles - Reasonableness.
5.2
Fundamental Rights - Equality.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Guarantee of fair remuneration, end-of-service allowances / Public sector employees, end-of-service allowances, deferred payment.
The constitutional importance of the freedom of expression of thought does not mean that there exists a general subjective right of publishing companies to measures in support of publishing. There is no such necessity in cases where the safeguards offered by the legal system to protect the pluralism of information and the market are able to ensure this value, so that financial aid from the State... Read more
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Pluralism, measures in support of publishing.
A person who resorts to the health facility for medical treatment (or therapeutic services or analysis and diagnostics) can neither be removed nor precluded from gaining access to the facility because the right to health prevails over the need for decorum in the area and reasons of public security. Accordingly, the addressee of a ban on access to protected areas could still use health services... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.6.2
General Principles - Structure of the State - Regional State.
3.16
General Principles - Proportionality.
4.6.7
Institutions - Executive bodies - Administrative decentralisation.
4.8.8.4
Institutions - Federalism, regionalism and local self-government - Distribution of powers - Co-operation.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.2
Fundamental Rights - Equality.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
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.
Health facility, medical treatment / Prefect’s powers / Autonomy of local authorities / Consultation between state, regions, cities and local authorities / Unified State-Regions Conference (with cities and local authorities) / Ban on access to specific urban areas (known as "DASPO").
It cannot be said that the demarcation of constituencies for an election of members of the House of Representatives to be elected from single-seat constituencies provided by Article 13.1 and Appended Table 1 of the Public Offices Election Act was in a state contrary to the constitutional requirement of equality in the value of votes at the time of the general election of members of the House of... Read more
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.
Seat, allocation / Vote, relative weight / Constituency, disparities.
Detention prescribed in the main text of Article 12.4 of the Constitution includes not only detention under judicial proceedings, but also detention by administrative procedures. It is based on the language of the main text of Article 12.4 of the Constitution, the structure of the provisions of Article 12 of the Constitution, the nature of the right to assistance of counsel, and the purpose of... Read more
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
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.
5.3.13.3.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts -
5.3.13.27
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
Refugee, detention, airport / Refugee status, recognition / Repatriation, waiting room / Counsel, assistance, visitation / Previous decision, reversal.
While Article 23.1 of the Constitution defines the right of property of all citizens in general, Article 29.1 of the Constitution, by specifically providing the right to claim state compensation, expressly guarantees the right to claim legitimate compensation from the State for direct, indirect, and psychological damage suffered due to an unlawful act committed by public officials in performing... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
4.14
Institutions - Activities and duties assigned to the State by the Constitution.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Compensation act, democratisation movements / Approval, compensation / Instant provision, ruling of judicial compromise, deeming issuance / Unlawful act, public official, public duty / Damage, direct, indirect, psychological / Compensation payment procedure, implementation, completion, speed up / Payment decision, stability.
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
3.20
General Principles - Reasonableness.
3.22
General Principles - Prohibition of arbitrariness.
4.5.6
Institutions - Legislative bodies - Law-making procedure.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Extinctive prescription, criminal compensation, state compensation / Extinctive prescription, starting point, prescription period / Legislative discretion, limit / Compensation system, balance, victim and offender / Constitutional review, judgment, court.
The national electoral management body, as the entity in charge of supervising the compliance of requirements for citizens seeking an independent candidacy, has sufficient functions to regulate on matters relative to the verification of citizen support.
4.9.7.2
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
Election campaign / Municipal Elections / Electoral Management Body, capabilities / Mobile application.
Provisions cannot be enacted within customary indigenous law that are out of line with constitutional provisions.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
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.
5.5.4
Fundamental Rights - Collective rights - Right to self-determination.
5.5.5
Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights.
Indigenous community, practices, customs, protection / Consultation process, ballot paper, announcement / Requirement, limitation of right, constriction.
Freedom of expression, which includes press freedom, implies the inviolability of the dissemination of opinions, information or ideas by any means. It is not possible to include major demands to media coverage other than those that are constitutionally and legally established, since the electoral authority must choose the most favourable interpretation of the norm for the protection of... Read more
4.5.3.1
Institutions - Legislative bodies - Composition - Election of members.
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.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
Elections, debate, political / Candidates, campaign, media broadcast, restrictions.
The difference in treatment regarding the remuneration of the members of the Superior Council of Magistrates elected among the law professors and the members elected from the judiciary is in line with the Articles 16 and 43 of the Constitution, which guarantee the principle of equality and the right to work and labour protection.
4.7.5
Institutions - Judicial bodies - Supreme Judicial Council or equivalent body.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Difference in treatment, remuneration, superior council of magistrates, social policy and employment.
The imprecise phrasing of offences resulting in "serious consequences" and damage to "public interest" by the Criminal Code infringes the constitutional principles of the rule of law and lawful incrimination and legality of criminal sanctioning.
3.12
General Principles - Clarity and precision of legal provisions.
3.13
General Principles - Legality.
3.14
General Principles -
3.18
General Principles - General interest.
Criminal law, offence, serious consequences, public interests, imprecise phrasing, foreseeable criteria.
The restriction of the financial autonomy of the courts, of the Supreme Court of Justice, of the Court of Audit and of the Constitutional Court is not a justified measure and therefore does not comply with the constitutional requirements of the principle of independence.
1.1.1.2.3
Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Independence - Financial independence.
3.4
General Principles - Separation of powers.
4.7.4.6
Institutions - Judicial bodies - Organisation - Budget.
4.10.2
Institutions - Public finances - Budget.
4.10.6
Institutions - Public finances - Auditing bodies.
Financial autonomy, independent bodies.
The balance between two fundamental competing rights: the "watchdog’s" right of the democratic society to have access to information of public interests on the one hand and the right of the individuals subject to voluntary declaration to respect for their private life on the other was tipped in favour of the right of access to information, which is part of the broader right – freedom of... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
Access to information, private life, absolute prohibition, criteria, balancing exercise, hierarchy of rights.
The State is under a responsibility to reduce the emission of greenhouse gases. The Dutch State was ordered by the court to take measures against climate change based on The United Nations Framework Convention on Climate Change and on positive obligations arising from Articles 2 and 8 ECHR. It was for the government and Parliament to determine, which measures should be taken to comply with those... Read more
3.4
General Principles - Separation of powers.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
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.
Climate Change / Reduction, greenhouse gas.
Statements that attack one or several persons and that are perceived as highly degrading, with reference to skin-colour and thus ethnic origin, are hate speech. Such expression enjoys only modest constitutional protection.
Considerations of general deterrence should not be given too much emphasis. The misuse of the freedom of expression should not be met with an exaggerated reaction.
5.2.2.2
Fundamental Rights - Equality - Criteria of distinction - Race.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Hate speech, public / Freedom of expression, misuse / Statement, on substance / Statement, directed against persons.
When deciding on whether problems of the independence of the judiciary in the requesting country prevent extradition, an individual assessment must be made of whether such a genuine risk exists in the case at hand. Only a genuine risk that the very essence of the right to a fair trial is violated in the individual case prevents extradition.
4.7
Institutions - Judicial bodies.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
Extraction, requesting country, judiciary, independence, threat / Extradition, obstacle.
There is no constitutional requirement that the scope of an amnesty law must be general and apply to all criminal offences. The legislator has the constitutional power to determine the criminal offences for which amnesty may be granted.
Whether amnesty is granted depends on the type of criminal offences committed, and therefore the perpetrators of certain criminal offences are put in the same... Read more
2.2.2.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution.
3.9
General Principles - Rule of law.
4.5.2
Institutions - Legislative bodies - Powers.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Amnesty, law, scope.
The legislator’s option to regulate as a ground for postponing the execution of the custodial sentence or life imprisonment in the case of caring for a child under the age of one must be done in a way that is compatible with the best interests of the child, the right to family life and the principle of non-discrimination in gender rights.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Best interests of the child, parental care / Sentence, execution, postponement / Imprisonment, pregnancy.
The right to compulsory education imposes an obligation on the State to provide, by law, social protection for children and youth, such as the reimbursement of the transport costs between the place of residence and the location of the school.
3.5
General Principles - Social State.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Education, social protection, equality of rights / Education, transport, access, reimbursement of travel / Transport, public, lack of, subscription, supporting documents.
The Constitutional Court clarified the right of citizens to lend their home to religious organisations for the holding of religious ceremonies. The owner of the plot of land intended for agricultural use and the residential building located on it may give a religious organisation permission to use the house for religious ceremonies, rites and services and also to use that address as its legal... Read more
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.13
Fundamental Rights - Economic, social and cultural rights - Right to housing.
Religion, place of worship, private / Religion, religious organisation, agricultural land, use for religious purposes / Religious organisation, agricultural land, use for religious purposes / Agricultural property, owner, right to lend land, non-agricultural use.
The right of victims of an abuse of authority to rehabilitation, the restoration of their civil rights, the removal of the consequences of arbitrary measures and adequate compensation for the pecuniary damage they have suffered must be protected.
The federal legislator, and also the legislators of the Russian Federation's constituent entities, must immediately amend the legal regulation and... Read more
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
5.4.13
Fundamental Rights - Economic, social and cultural rights - Right to housing.
Political repression, rehabilitation / Political repression, victim / Adequate compensation for pecuniary damage / Child, born in prison, residence, change / Capital, right of residence / Capital, right of residence, restrictions.
All statutes, decisions and other general acts of local self-government units must be in compliance with the law.
3.13
General Principles - Legality.
Animal, welfare / Animal cruelty / Animal laboratory / Animal rights / Animal, welfare, protection.
The right to an impartial trial set out in Article 23.1 of the Constitution requires that in cases where insults are addressed to the trial judge or a member of the trial panel another judge decide on the punishment.
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.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Contempt of court / Contempt of court, penalty / Defamation, judge / Impartiality / Insult, judge.
Due to their important contribution to political debate in a free democratic society, the right of political parties to freedom of expression must enjoy a high level of protection. However, when they participate in public debate they must act in good faith, i.e. they must have a sufficient basis to believe that the facts that they publish are true.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.3.21
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.
Freedom of expression, political party.
The Bank of Slovenia and the European Central Bank cannot enjoy constitutionally guaranteed privacy rights or constitutional procedural guarantees that ensure a fair procedure. They also lack legal standing for lodging constitutional complaints for the protection of these rights.
1.4.9.1
Constitutional Justice - Procedure - Parties -
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.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.19
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Legal interest / Legal standing / Locus standi / Locus standi, legal person / Locus standi, public law entity.
The statutory requirement that animals must be stunned prior to slaughter limits the right to freedom of religion guaranteed by Article 41.1 of the Constitution. However, as the limitation is a proportionate measure for the protection of animals from torture as mandated by Article 72.4 of the Constitution and it entails a necessary statutory measure for the protection of morals in accordance with... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
3.16
General Principles - Proportionality.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Animal protection / Animal, cruel treatment, prohibition / Animal, cruelty, prevention / Animal, ritual slaughter / Freedom of conscience / Freedom of religion.
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.
4.10.5
Institutions - Public finances - Central bank.
4.12.5
Institutions - Ombudsman - Relations with the Head of State.
4.12.7
Institutions - Ombudsman - Relations with the executive.
Costs, personal / Ombudsman, punitive costs / Ombudsman, liability / Ombudsman, bad faith, punishment / Personal indemnity / Punitive costs, representative litigant.
Children are constitutionally recognised independent human beings, inherently entitled to the enjoyment of human rights, regardless of whether they are orphans or have parents. Reasonable and moderate chastisement impairs the dignity of children and the right to be free from all forms of violence from either public or private sources. The limitation of these rights cannot be justified because... Read more
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.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
5.4.20
Fundamental Rights - Economic, social and cultural rights - Right to culture.
Amicus curiae, leave to intervene / Leave to appeal, application / Assault, intent to do grievous bodily harm / Child, best interest / Common law defence, reasonable and moderate chastisement.
The "reasonable practicable" test in Section 29.2 of the Constitution involves both a factual and normative element. The constitutional criterion of reasonable practicability is to be judged objectively, and requires an approach founded in evidence. The constitutional test of reasonable practicability in determining whether the right in Section 29.2 may be conferred is in essence synonymous with... Read more
4.3.4
Institutions - Languages - Minority language(s).
5.2
Fundamental Rights - Equality.
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, indigenous minority, protection, promotion / Higher education, access.
A provision that criminalises any person who acts in a manner that has the effect of causing another to fear for their own safety, or the safety of their property or livelihood is unconstitutional. This unjustifiably limits the right to freedom of expression as it depends simply on the experience of fear by another. A provision that creates a reverse onus allows for an accused to be convicted in... Read more
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Intimidation, punishment, reverse onus / Reverse onus, reasonable doubt.
The doctrine of common purpose applies to the common law crime of rape. The instrumentality approach is flawed. There is no reason why the use of one’s body should be determinative in the case of rape but not in the case of other crimes such as murder and assault. The instrumentality argument has no place in our modern society founded upon the South African Bill of Rights as it perpetuates gender... Read more
3.9
General Principles - Rule of law.
3.13
General Principles - Legality.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
Common purpose, doctrine / Instrumentality / Patriarchy, perpetuation / Rape, common law / Rape culture.
Section 154.3 of the Criminal Procedure Act 51 of 1977 (hereinafter, "CPA") is unconstitutional as it fails to provide anonymity protection for child victims. In doing so, Section 154.3 unjustifiably infringes the right to equality, the best interests of the child as well as their rights to privacy and dignity. In addition, the protection afforded by Section 154.3 does not extend into adulthood... Read more
3.4
General Principles - Separation of powers.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.22
Fundamental Rights - Civil and political rights - Freedom of the written press.
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.
Child, best interest / Child victims, identity / Constitutional rights, competing / Identity protection, ongoing / Open justice / Reading in, judgment / Restorative justice / Victim, anonymity, default / Victim, stigmatisation.
Article 29.1 of the Federal Constitution, prohibition on excessive formalism, sanction for late appearance at a hearing.
The Code of Criminal Procedure does not stipulate an absolute duration after which any late appearance by parties or their lawyers must necessarily result in denial of the right to participate in a hearing. It is necessary to examine, regard being had to the circumstances of... Read more
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.7
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
5.3.13.27
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
Lawyer, presence at hearing / Trainee lawyer / Denial of justice, formal / Excessive formalism / Legitimate interest / Late appearance.
A decision of a confederation assigned with the task of distributing state grants to athletic clubs can be appealed to administrative court despite the absence of a provision stating that such a decision is appealable.
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.
Amendments of the Offensive Weapons Act (1996:67) were applied notwithstanding certain inadequacies in the legislative procedure.
3.16
General Principles - Proportionality.
4.5.6
Institutions - Legislative bodies - Law-making procedure.
Constitutionality, review / Law-making process, participation, constitutional rules / Referral process.
The Instrument of Government and the European Convention on Human Rights require that a proportionality assessment be conducted between public and private interests in each individual case concerning compulsory land transfer under the Property Formation Act.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Land transfer, compulsory / Property, protection, constitutional.
In order to fulfil the child’s right to respect for its private life and to fulfil the principle of the best interests of the child as provided in Article 8 ECHR, foreign maternity judgments following a surrogacy arrangement may be recognised.
The recognition of the foreign judgment requires that the child’s right to have its identity established in the Swedish legal system cannot be fulfilled... Read more
1.3.4.8
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of jurisdictional conflict.
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.
Family life, de facto / Judgment, foreign, recognition / Surrogacy, child, best interests, / Surrogacy, child, non-biological parent, registration..
It is not consistent with the principle of legality, as set out in the Instrument of Government, the Criminal Code and, in particular, the element of foreseeability, to convict an individual for a violation of a regulation if the text detailing the offence is not issued in Swedish.
3.10
General Principles - Certainty of the law.
3.14
General Principles -
3.20
General Principles - Reasonableness.
5.3.13.21
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Languages.
Foreseeability, law / Language, official, used by the state authorities / Legality of offence, penalty.
A real risk that a Chinese citizen will be persecuted in China for political reasons constitutes a general impediment to extradition under the Swedish Extradition Act, even if there is probable cause that a Chinese citizen has committed an alleged criminal act in China.
An assessment of the weight that can be attributed to assurances from the foreign country that the person, if extradited, would... Read more
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
Assurance, verification / Extradition, safeguard, impediment.
In order to fulfil the child’s right to respect for its private life and to fulfil the principle of the best interests of the child as provided in Article 8 ECHR, foreign maternity judgments following a surrogacy arrangement may be recognised.
The recognition of the foreign judgment requires that the child’s right to have its identity established in the Swedish legal system cannot be fulfilled... Read more
1.3.4.8
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of jurisdictional conflict.
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.
Judgment, foreign, recognition / Surrogacy, child, best interests, / Surrogacy, child, non-biological parent, registration.
The possession of weapons by an administrator on behalf of a deceased person’s estate is not regarded as a criminal offence in a situation where the police has not rendered any decision due to which the weapon should be handed in to the authorities.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.14
General Principles -
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Principle, legality / Weapon, right to keep and carry.
Conviction cannot be based solely on an individual’s membership of a legal association, even where it engages in extreme activities and/or maintains alleged illegal or terrorist affiliations.
2.3.1
Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
Organisation, unpopular, membership / Terrorist activity, evidence / Association, legal extremist.
Public authorities must conduct adequate and/or effective investigations into allegations that means of mass communication had been illegally interfered with.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
Surveillance, wiretapping / Mass communication / Tapping, telephone / Effective investigation.
The state is under an obligation to provide adequate facilities for dependent minors in prisons.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Prison facilities, childcare / Childcare, adequacy, babies / Prison facilities, children / Execution, postponement, dependent minor.
All labour relations should be based on the principles of social protection and equality. This applies to all enterprises and organisations, irrespective of the form of ownership or sector in which they operate. A provision that prevents a business owner from dismissing an employee under a labour contract whilst he or she is temporarily unwell or on holiday is constitutionally compliant.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Dismissal, employment contract, disability, temporary.
Draft legislation introducing amendments to the Constitution which will consolidate the President’s powers to establish independent regulatory bodies such as the National Anti-Corruption Bureau and to appoint their directors and dismiss them from office could result in an erosion of the separation of powers and lead to legal uncertainty.
1.3.4.11
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of constitutional revision.
3.4
General Principles - Separation of powers.
4.4.3
Institutions - Head of State - Powers.
National Anti-Corruption Bureau, President, role.
A legislative provision to the effect that the terms and procedure for the recalculation of pensions for employees of the Public Prosecutor’s Office employees would be determined by the Cabinet of Ministers violates the principle of the separation of powers; it narrows the content and scope of the rights of those affected and makes the funding of their pensions dependent on the executive power... Read more
3.4
General Principles - Separation of powers.
4.6.2
Institutions - Executive bodies - Powers.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Recalculation, pension, Prosecutors’ Office, employee.
Anyone lawfully resident in Ukraine has a guaranteed constitutional right to freedom of movement and a free choice of place of residence. Legislation which makes the exercise of a person’s right to housing conditional on their permanent residence in a particular settlement goes against those principles.
5.4.13
Fundamental Rights - Economic, social and cultural rights - Right to housing.
Housing, cooperative.
Various constitutional amendments introducing extra grounds for the early termination of the mandate of a People’s Deputy were found to be out of line with the constitutional requirements of proportionality and certainty, and the application, where feasible, of more lenient sanctions.
1.3.4.11
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of constitutional revision.
4.5.3.4.3
Institutions - Legislative bodies - Composition - Term of office of members - End.
Mandate, termination, Member of parliament, additional grounds.
1.1.1.2.3 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Independence - Financial independence. MDA-2019-3-010 1.1.3 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court. GRE-2019-3-001 1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions. ISR-2019-3-003 1.3.1 Constitutional Justice - Jurisdiction - Scope of review. GER-2019-3-018 1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review. ISR-2019-3-003 1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review. CRO-2019-3-019, ISR-2019-3-003 1.3.4.2 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities. GER-2019-3-018 1.3.4.3 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities. CAN-2019-3-008 1.3.4.5 Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes. ISR-2019-3-003 1.3.4.8 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of jurisdictional conflict. SWE-2019-3-007, SWE-2019-3-010 1.3.4.11 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of constitutional revision. UKR-2019-3-012, UKR-2019-3-015 1.3.4.14 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states. GER-2019-3-025 1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties. GER-2019-3-025 1.3.5.2 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law. FRA-2019-3-011, GER-2019-3-025 1.3.5.13 Constitutional Justice - Jurisdiction - The subject of review - Administrative acts. GRE-2019-3-001 1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi. SLO-2019-3-003 1.4.14 Constitutional Justice - Procedure - Costs. RSA-2019-3-006 1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality. BRA-2019-3-018 1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures. GER-2019-3-025 1.6.2 Constitutional Justice - Effects - Determination of effects by the court. FRA-2019-3-010 1.6.5.5 Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect. FRA-2019-3-009 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. ITA-2019-3-012, ITA-2019-3-013, ITA-2019-3-015 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. CRO-2019-3-012, CRO-2019-3-016, GER-2019-3-018, GER-2019-3-023, GER-2019-3-024, SLO-2019-3-003 2.1.1.4 Sources - Categories - Written rules - International instruments. GER-2019-3-023, GER-2019-3-024 2.1.1.4.1 Sources - Categories - Written rules - International instruments - United Nations Charter of 1945. GER-2019-3-018 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. BIH-2019-3-006, CRO-2019-3-013, SLO-2019-3-001, SLO-2019-3-003 2.1.1.4.5 Sources - Categories - Written rules - International instruments - Geneva Convention on the Status of Refugees of 1951. ECJ-2019-3-008, ECJ-2019-3-009, ECJ-2019-3-013 2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000. GER-2019-3-023, GER-2019-3-024 2.1.3.1 Sources - Categories - Case-law - Domestic case-law. GER-2019-3-018, GER-2019-3-023, GER-2019-3-024 2.1.3.2 Sources - Categories - Case-law - International case-law. CRO-2019-3-013 2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights. GER-2019-3-023, GER-2019-3-024, SLO-2019-3-001, SLO-2019-3-002, SLO-2019-3-003 2.1.3.2.2 Sources - Categories - Case-law - International case-law - Court of Justice of the European Union. GER-2019-3-023, GER-2019-3-024, SLO-2019-3-003 2.1.3.2.3 Sources - Categories - Case-law - International case-law - Other international bodies. GER-2019-3-018 2.2.1.1 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions. BIH-2019-3-006 2.2.1.2 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts. EST-2019-3-002 2.2.1.3 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments. BLR-2019-3-004, BLR-2019-3-006, BLR-2019-3-008 2.2.1.5 Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments. ROM-2019-3-002, SWE-2019-3-009 2.2.1.6.1 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions. CRO-2019-3-012, GER-2019-3-023, GER-2019-3-024 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. CRO-2019-3-012, GER-2019-3-023, GER-2019-3-024, GER-2019-3-025 2.2.1.6.4 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments. CZE-2019-3-012, ECJ-2019-3-002 2.2.1.6.5 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law. ECJ-2019-3-015, GER-2019-3-023, GER-2019-3-024 2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution. MKD-2019-3-001 2.2.2.2 Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law. ROM-2019-3-002 2.3.1 Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion. TUR-2019-3-004 3.1 General Principles - Sovereignty. ECJ-2019-3-003, GER-2019-3-025 3.3.1 General Principles - Democracy - Representative democracy. ECJ-2019-3-021, ECJ-2019-3-022, GER-2019-3-025 3.4 General Principles - Separation of powers. ECJ-2019-3-010, ECJ-2019-3-012, ECJ-2019-3-017, ECJ-2019-3-019, ECJ-2019-3-023, EST-2019-3-001, GER-2019-3-018, MDA-2019-3-010, NED-2019-3-003, RSA-2019-3-011, UKR-2019-3-012, UKR-2019-3-013 3.5 General Principles - Social State. BLR-2019-3-007, GER-2019-3-022, ROM-2019-3-003 3.6.2 General Principles - Structure of the State - Regional State. ITA-2019-3-015 3.7 General Principles - Relations between the State and bodies of a religious or ideological nature. BEL-2019-3-006, GRE-2019-3-002, SLO-2019-3-004 3.9 General Principles - Rule of law. BLR-2019-3-004, BLR-2019-3-005, BLR-2019-3-006, BLR-2019-3-008, CZE-2019-3-009, CZE-2019-3-010, MKD-2019-3-001, RSA-2019-3-010, SWE-2019-3-011 3.10 General Principles - Certainty of the law. BLR-2019-3-004, BLR-2019-3-005, BLR-2019-3-006, BLR-2019-3-007, BLR-2019-3-008, CZE-2019-3-009, GRE-2019-3-003, ITA-2019-3-012, SWE-2019-3-008, SWE-2019-3-011 3.12 General Principles - Clarity and precision of legal provisions. BLR-2019-3-005, CZE-2019-3-010, EST-2019-3-001, EST-2019-3-002, ITA-2019-3-012, KOR-2019-3-007, MDA-2019-3-009 3.13 General Principles - Legality. BLR-2019-3-005, MDA-2019-3-009, RSA-2019-3-010, SRB-2019-3-003 3.14 General Principles - Nullum crimen, nulla poena sine lege. ITA-2019-3-012, MDA-2019-3-009, SWE-2019-3-008, SWE-2019-3-011 3.16 General Principles - Proportionality. CZE-2019-3-010, CZE-2019-3-011, FRA-2019-3-009, FRA-2019-3-010, GER-2019-3-022, ITA-2019-3-015, KOR-2019-3-007, MDA-2019-3-011, SLO-2019-3-004, SWE-2019-3-005, SWE-2019-3-006 3.17 General Principles - Weighing of interests. CZE-2019-3-011, EST-2019-3-001, GER-2019-3-023, GER-2019-3-024, ITA-2019-3-013, MDA-2019-3-011, SWE-2019-3-006 3.18 General Principles - General interest. EST-2019-3-001, MDA-2019-3-009, MDA-2019-3-011, SWE-2019-3-006 3.19 General Principles - Margin of appreciation. ECH-2019-3-019, GER-2019-3-022, GER-2019-3-024 3.20 General Principles - Reasonableness. GER-2019-3-020, ITA-2019-3-013, KOR-2019-3-008, SWE-2019-3-008 3.21 General Principles - Equality. ECJ-2019-3-001, ECJ-2019-3-002, ECJ-2019-3-011, ECJ-2019-3-015 3.22 General Principles - Prohibition of arbitrariness. CZE-2019-3-009, CZE-2019-3-010, CZE-2019-3-012, GER-2019-3-020, KOR-2019-3-008 3.26 General Principles - Fundamental principles of the Internal Market. ECJ-2019-3-006, ECJ-2019-3-014 4.3.4 Institutions - Languages - Minority language(s). RSA-2019-3-008 4.4.3 Institutions - Head of State - Powers. UKR-2019-3-012 4.5.2 Institutions - Legislative bodies - Powers. MKD-2019-3-001 4.5.2.1 Institutions - Legislative bodies - Powers - Competences with respect to international agreements. GER-2019-3-018 4.5.3.1 Institutions - Legislative bodies - Composition - Election of members. MEX-2019-3-017 4.5.3.4.3 Institutions - Legislative bodies - Composition - Term of office of members - End. UKR-2019-3-015 4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure. GER-2019-3-019 4.5.4.2 Institutions - Legislative bodies - Organisation - President/Speaker. GER-2019-3-019 4.5.4.3 Institutions - Legislative bodies - Organisation - Sessions. GER-2019-3-019 4.5.6 Institutions - Legislative bodies - Law-making procedure. KOR-2019-3-008, SWE-2019-3-005 4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies. ECJ-2019-3-022, GER-2019-3-019 4.6.2 Institutions - Executive bodies - Powers. BLR-2019-3-005, CZE-2019-3-010, UKR-2019-3-013 4.6.3 Institutions - Executive bodies - Application of laws. BLR-2019-3-005 4.6.6 Institutions - Executive bodies - Relations with judicial bodies. EST-2019-3-001 4.6.7 Institutions - Executive bodies - Administrative decentralisation. ITA-2019-3-015 4.6.10.1 Institutions - Executive bodies - Liability - Legal liability. AZE-2019-3-008 4.7 Institutions - Judicial bodies. NOR-2019-3-002 4.7.1 Institutions - Judicial bodies - Jurisdiction. ECJ-2019-3-012, ECJ-2019-3-013, ECJ-2019-3-017, ECJ-2019-3-019 4.7.4.1 Institutions - Judicial bodies - Organisation - Members. ECJ-2019-3-019 4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment. ECJ-2019-3-019 4.7.4.1.5 Institutions - Judicial bodies - Organisation - Members - End of office. ECJ-2019-3-012, ECJ-2019-3-017 4.7.4.1.6.3 Institutions - Judicial bodies - Organisation - Members - Status - Irremovability. ECJ-2019-3-010, ECJ-2019-3-012, ECJ-2019-3-017, ECJ-2019-3-023 4.7.4.3.1 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers. BRA-2019-3-013 4.7.4.6 Institutions - Judicial bodies - Organisation - Budget. MDA-2019-3-010 4.7.5 Institutions - Judicial bodies - Supreme Judicial Council or equivalent body. MDA-2019-3-008 4.8.3 Institutions - Federalism, regionalism and local self-government - Municipalities. BRA-2019-3-016, EST-2019-3-001, MEX-2019-3-016 4.8.4.1 Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy. EST-2019-3-001 4.8.7.2 Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Arrangements for distributing the financial resources of the State. BRA-2019-3-016 4.8.8 Institutions - Federalism, regionalism and local self-government - Distribution of powers. BRA-2019-3-016, EST-2019-3-001 4.8.8.4 Institutions - Federalism, regionalism and local self-government - Distribution of powers - Co-operation. ITA-2019-3-015 4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility. ECJ-2019-3-022 4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates. MEX-2019-3-015 4.9.8 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material. BRA-2019-3-017, MEX-2019-3-017 4.9.10 Institutions - Elections and instruments of direct democracy - Minimum participation rate required. FRA-2019-3-012 4.10.2 Institutions - Public finances - Budget. MDA-2019-3-010 4.10.5 Institutions - Public finances - Central bank. RSA-2019-3-006 4.10.6 Institutions - Public finances - Auditing bodies. HUN-2019-3-006, MDA-2019-3-010 4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces. GER-2019-3-018 4.12.5 Institutions - Ombudsman - Relations with the Head of State. RSA-2019-3-006 4.12.7 Institutions - Ombudsman - Relations with the executive. RSA-2019-3-006 4.14 Institutions - Activities and duties assigned to the State by the Constitution. KOR-2019-3-007 4.15 Institutions - Exercise of public functions by private bodies. FRA-2019-3-011 4.17 Institutions - European Union. GER-2019-3-018 4.17.1.1 Institutions - European Union - Institutional structure - European Parliament. ECJ-2019-3-022, FRA-2019-3-012 4.17.1.3 Institutions - European Union - Institutional structure - Council of Ministers. GER-2019-3-025 4.17.2 Institutions - European Union - Distribution of powers between the EU and member states. GER-2019-3-025 4.17.2.1 Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States. ECJ-2019-3-012, ECJ-2019-3-017, ECJ-2019-3-019, ECJ-2019-3-020 4.17.3 Institutions - European Union - Distribution of powers between institutions of the EU. ECJ-2019-3-021 4.17.4 Institutions - European Union - Legislative procedure. ECJ-2019-3-021 5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status. ECJ-2019-3-021 5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners. BLR-2019-3-008, ECJ-2019-3-006, ECJ-2019-3-014, FRA-2019-3-009, GRE-2019-3-003, ITA-2019-3-015 5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status. ECJ-2019-3-004, ECJ-2019-3-005, ECJ-2019-3-007, ECJ-2019-3-008, ECJ-2019-3-009, ECJ-2019-3-013, ECJ-2019-3-018, KOR-2019-3-006 5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors. RSA-2019-3-007, TUR-2019-3-006 5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees. FRA-2019-3-009, FRA-2019-3-010, ROM-2019-3-002 5.1.2 Fundamental Rights - General questions - Horizontal effects. GER-2019-3-017, GER-2019-3-023, GER-2019-3-024 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. ITA-2019-3-014 5.1.4 Fundamental Rights - General questions - Limits and restrictions. BRA-2019-3-013 5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation. RSA-2019-3-007 5.2 Fundamental Rights - Equality. CRO-2019-3-016, ITA-2019-3-012, ITA-2019-3-013, ITA-2019-3-015, RSA-2019-3-008 5.2.1.2.1 Fundamental Rights - Equality - Scope of application - Employment - In private law. GER-2019-3-017 5.2.1.2.2 Fundamental Rights - Equality - Scope of application - Employment - In public law. ECJ-2019-3-002 5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security. BRA-2019-3-014, ECJ-2019-3-001 5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections. FRA-2019-3-012, JPN-2019-3-001 5.2.2 Fundamental Rights - Equality - Criteria of distinction. MDA-2019-3-008, MKD-2019-3-001, ROM-2019-3-003 5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender. BEL-2019-3-005, ECJ-2019-3-015, ROM-2019-3-002, RSA-2019-3-010 5.2.2.2 Fundamental Rights - Equality - Criteria of distinction - Race. NOR-2019-3-001 5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin. MEX-2019-3-016 5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality. BIH-2019-3-007, ECJ-2019-3-011, ITA-2019-3-015 5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion. ECJ-2019-3-002, GRE-2019-3-002, RSA-2019-3-007 5.2.2.9 Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation. GER-2019-3-017 5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation. BEL-2019-3-005, ECJ-2019-3-001, EST-2019-3-002 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. CRO-2019-3-018, ECJ-2019-3-016, ECJ-2019-3-018, GER-2019-3-020, GER-2019-3-022, ITA-2019-3-012, ITA-2019-3-013, ITA-2019-3-014, RSA-2019-3-007, RSA-2019-3-010, RSA-2019-3-011 5.3.2 Fundamental Rights - Civil and political rights - Right to life. BEL-2019-3-005, CRO-2019-3-013, ECH-2019-3-016, GER-2019-3-021, GER-2019-3-026, NED-2019-3-003, SWE-2019-3-009 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. CRO-2019-3-015, ECH-2019-3-020, ECH-2019-3-021, ECJ-2019-3-004, ECJ-2019-3-005, ECJ-2019-3-009, GER-2019-3-021, GER-2019-3-026, SWE-2019-3-009 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. GER-2019-3-021, GER-2019-3-026, ITA-2019-3-015, KOR-2019-3-006, RSA-2019-3-010 5.3.5 Fundamental Rights - Civil and political rights - Individual liberty. CZE-2019-3-011 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. ECH-2019-3-020, ECH-2019-3-021, ECJ-2019-3-016, KOR-2019-3-006, ROM-2019-3-002 5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest. ECJ-2019-3-010, ECJ-2019-3-023 5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial. BIH-2019-3-005, BRA-2019-3-018 5.3.5.1.4 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release. FRA-2019-3-009 5.3.5.2 Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour. ITA-2019-3-012 5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement. ECJ-2019-3-011, ECJ-2019-3-014, KOR-2019-3-006 5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality. ECJ-2019-3-003 5.3.9 Fundamental Rights - Civil and political rights - Right of residence. ECJ-2019-3-006, ECJ-2019-3-014, EST-2019-3-002, SWE-2019-3-009 5.3.11 Fundamental Rights - Civil and political rights - Right of asylum. CRO-2019-3-015, ECJ-2019-3-004, ECJ-2019-3-005, ECJ-2019-3-007, ECJ-2019-3-008, ECJ-2019-3-009, ECJ-2019-3-013, ECJ-2019-3-018 5.3.12 Fundamental Rights - Civil and political rights - Security of the person. RSA-2019-3-007 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. FRA-2019-3-010, GER-2019-3-021, GER-2019-3-026, SWE-2019-3-009, SWE-2019-3-011 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. AZE-2019-3-008, BRA-2019-3-013, ECJ-2019-3-010, ECJ-2019-3-016, ECJ-2019-3-023, GRE-2019-3-003, GRE-2019-3-004, MKD-2019-3-001, RSA-2019-3-009, SLO-2019-3-001, SUI-2019-3-004 5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings. GRE-2019-3-004 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. CRC-2019-3-003, ECJ-2019-3-004, ECJ-2019-3-007, ECJ-2019-3-012, ECJ-2019-3-013, ECJ-2019-3-017, ECJ-2019-3-018, ECJ-2019-3-019, HUN-2019-3-006 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. KOR-2019-3-007, SLO-2019-3-003, SUI-2019-3-004, SWE-2019-3-004 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. KOR-2019-3-006 5.3.13.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction. CRO-2019-3-012 5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice. SUI-2019-3-004 5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. CAN-2019-3-006, CAN-2019-3-007 5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence. CRO-2019-3-012, ECJ-2019-3-010, ECJ-2019-3-012, ECJ-2019-3-017, ECJ-2019-3-019, ECJ-2019-3-023, NOR-2019-3-002 5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality. ECJ-2019-3-012, ECJ-2019-3-017, ECJ-2019-3-019, SLO-2019-3-001 5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. CRO-2019-3-012, CRO-2019-3-014, CRO-2019-3-017, CZE-2019-3-011, CZE-2019-3-012, SLO-2019-3-002 5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms. CRC-2019-3-003, SLO-2019-3-003 5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle. CRC-2019-3-003 5.3.13.21 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Languages. SWE-2019-3-008 5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. BRA-2019-3-018, FRA-2019-3-013 5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel. KOR-2019-3-006, SUI-2019-3-004 5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem. ECJ-2019-3-017, GRE-2019-3-004 5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime. ECJ-2019-3-017 5.3.16 Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law. CAN-2019-3-006 5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State. KOR-2019-3-007, KOR-2019-3-008, RUS-2019-3-011 5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience. GRE-2019-3-002, SLO-2019-3-004 5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion. SWE-2019-3-009 5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship. BEL-2019-3-006, RUS-2019-3-010, SLO-2019-3-004 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. BRA-2019-3-017, FRA-2019-3-013, GER-2019-3-023, GER-2019-3-024, HUN-2019-3-004, HUN-2019-3-005, ITA-2019-3-014, MEX-2019-3-017, NOR-2019-3-001, RSA-2019-3-009, RSA-2019-3-011, SLO-2019-3-002 5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press. GER-2019-3-023, RSA-2019-3-011 5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication. FRA-2019-3-013, TUR-2019-3-005 5.3.24 Fundamental Rights - Civil and political rights - Right to information. MEX-2019-3-017 5.3.27 Fundamental Rights - Civil and political rights - Freedom of association. CRC-2019-3-003, TUR-2019-3-004 5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly. CRC-2019-3-003 5.3.29 Fundamental Rights - Civil and political rights - Right to participate in public affairs. CRC-2019-3-003 5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity. ECJ-2019-3-021, MEX-2019-3-015, SWE-2019-3-009 5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation. SLO-2019-3-002 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. AUT-2019-3-003, ECH-2019-3-018, EST-2019-3-002, FRA-2019-3-013, GER-2019-3-023, GER-2019-3-024, NED-2019-3-003, RSA-2019-3-011, SLO-2019-3-003, SWE-2019-3-007, SWE-2019-3-010 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. AUT-2019-3-003 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. BIH-2019-3-007, ECH-2019-3-017, ECJ-2019-3-006, ECJ-2019-3-014, EST-2019-3-002, NED-2019-3-003, ROM-2019-3-002, TUR-2019-3-006 5.3.34 Fundamental Rights - Civil and political rights - Right to marriage. EST-2019-3-002 5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home. AUT-2019-3-003 5.3.37 Fundamental Rights - Civil and political rights - Right of petition. CZE-2019-3-010 5.3.38.2 Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Civil law. BRA-2019-3-014 5.3.39 Fundamental Rights - Civil and political rights - Right to property. AZE-2019-3-007, CZE-2019-3-009, ECH-2019-3-019, GER-2019-3-017, SWE-2019-3-006 5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations. RUS-2019-3-010 5.3.40 Fundamental Rights - Civil and political rights - Linguistic freedom. RSA-2019-3-008 5.3.41 Fundamental Rights - Civil and political rights - Electoral rights. HUN-2019-3-005 5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote. JPN-2019-3-001 5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election. FRA-2019-3-012, MEX-2019-3-015 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. BLR-2019-3-007, CAN-2019-3-007, ROM-2019-3-002, RSA-2019-3-007, RSA-2019-3-011, SWE-2019-3-007, SWE-2019-3-010 5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities. MEX-2019-3-016, RSA-2019-3-008 5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education. GRE-2019-3-002, ROM-2019-3-003, RSA-2019-3-008 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. MDA-2019-3-008, UKR-2019-3-011 5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. BRA-2019-3-015 5.4.5 Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration. ITA-2019-3-012 5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. CRO-2019-3-016, GER-2019-3-017, GER-2019-3-024 5.4.8 Fundamental Rights - Economic, social and cultural rights - Freedom of contract. AZE-2019-3-007 5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service. MEX-2019-3-015 5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike. CRC-2019-3-003 5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions. CRC-2019-3-003 5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing. RUS-2019-3-010, RUS-2019-3-011, UKR-2019-3-014 5.4.15 Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits. GER-2019-3-022 5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension. ECJ-2019-3-015, ITA-2019-3-013, UKR-2019-3-013 5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions. ECJ-2019-3-020 5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living. ECJ-2019-3-018, GER-2019-3-022 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. ITA-2019-3-015 5.4.20 Fundamental Rights - Economic, social and cultural rights - Right to culture. RSA-2019-3-007 5.4.22 Fundamental Rights - Economic, social and cultural rights - Artistic freedom. BRA-2019-3-015 5.5.1 Fundamental Rights - Collective rights - Right to the environment. BLR-2019-3-006 5.5.4 Fundamental Rights - Collective rights - Right to self-determination. MEX-2019-3-016 5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights. MEX-2019-3-016
Access to information, private life, absolute prohibition, criteria, balancing exercise, hierarchy of rights
MDA-2019-3-011 Accident, work-related, compensation
BRA-2019-3-014 Accident, work-related, damages
BRA-2019-3-014 Act, ultra vires
GER-2019-3-025 Adequate compensation for pecuniary damage
RUS-2019-3-011 Administration of justice
FRA-2019-3-010, FRA-2019-3-013 Administrative act, challenge
HUN-2019-3-006 Administrative act, judicial review
HUN-2019-3-006 Administrative act, nature
HUN-2019-3-006 Administrative decision, definition
HUN-2019-3-006 Administrative decision, judicial review
HUN-2019-3-006 Administrative dispute, evidence, rules
CRO-2019-3-015 Advertising, limitation
HUN-2019-3-005 Advertising, political
HUN-2019-3-005 Agreement, concluded definition
BRA-2019-3-013 Agricultural property, owner, right to lend land, non-agricultural use
RUS-2019-3-010 Alien, permit, work
CRO-2019-3-016 Alien, residence
CRO-2019-3-016 Alien, trading company, right to establish
CRO-2019-3-016 Amicus curiae, leave to intervene
RSA-2019-3-007 Amnesty, law, scope
MKD-2019-3-001 Animal cruelty
SRB-2019-3-003 Animal laboratory
SRB-2019-3-003 Animal protection
SLO-2019-3-004 Animal rights
SRB-2019-3-003 Animal, cruel treatment, prohibition
SLO-2019-3-004 Animal, cruelty, prevention
SLO-2019-3-004 Animal, ritual slaughter
SLO-2019-3-004 Animal, welfare
SRB-2019-3-003 Animal, welfare, protection
SRB-2019-3-003 Appeal, competent court
CRO-2019-3-012 Appeal, time limit for a court decision
CRO-2019-3-012 Approval, compensation
KOR-2019-3-007 Armed attack, non-state actor, terrorist group
GER-2019-3-018 Armed forces, deployment, abroad
GER-2019-3-018 Assault, intent to do grievous bodily harm
RSA-2019-3-007 Association, legal extremist
TUR-2019-3-004 Assurance, verification
SWE-2019-3-009 Asylum, foreigner
CRO-2019-3-015 Asylum, persecution, acts,
CRO-2019-3-015 Asylum, powers
ECJ-2019-3-013 Asylum, refusal
CRO-2019-3-015 Asylum, refusal, procedure
ECJ-2019-3-005, ECJ-2019-3-009 Asylum, request, examination
ECJ-2019-3-009, ECJ-2019-3-013, ECJ-2019-3-007, ECJ-2019-3-005 Asylum, request, examination, determination of the Member State responsible
ECJ-2019-3-009, ECJ-2019-3-004, ECJ-2019-3-007, ECJ-2019-3-005 Asylum, request, unaccompanied minor
ECJ-2019-3-018 Asylum, risk of refoulement, presumed safe third country
ECH-2019-3-020 Asylum, seeker, confinement, airport transit zone
ECH-2019-3-021 Asylum, seeker, protection, international
ECJ-2019-3-005, ECJ-2019-3-009, ECJ-2019-3-004, ECJ-2019-3-007, ECJ-2019-3-018, ECJ-2019-3-013 Asylum, seeker, refoulement
ECH-2019-3-020 Asylum, seeker, vulnerable group, women
CRO-2019-3-015 Asylum, subsidiary protection, standards
ECJ-2019-3-005, ECJ-2019-3-009 Audit, measure
HUN-2019-3-006 Audit, report
HUN-2019-3-006 Authorities, administrative and judicial, separation
BRA-2019-3-013 Authority to regulate
BRA-2019-3-016 Authority, state, decentralisation, limitation
BRA-2019-3-016 Autonomy of local authorities
ITA-2019-3-015 Autonomy, regional
BRA-2019-3-016 Ban on access to specific urban areas (known as "DASPO")
ITA-2019-3-015 Basic income, guarantee
GER-2019-3-022 Benefit, subsidiarity
GER-2019-3-022 Best interests of the child, parental care
ROM-2019-3-002 Blood, donation, exclusion, homosexuality
BEL-2019-3-005 Blood, donation, prohibition, at-risk group
BEL-2019-3-005 Border, crossing, irregular
FRA-2019-3-011 Branches of Government, Separation
CRC-2019-3-003 Broadcasting, access, online
GER-2019-3-024 Candidates, campaign, media broadcast, restrictions
MEX-2019-3-017 Capital, right of residence
RUS-2019-3-011 Capital, right of residence, restrictions
RUS-2019-3-011 Charter of Fundamental Rights of the European Union
ECJ-2019-3-004, ECJ-2019-3-002 Charter of rights and freedoms, right to be tried within reasonable time, young person
CAN-2019-3-007 Charter of rights and freedoms, right to the benefit of the lesser punishment
CAN-2019-3-006 Child victims, identity
RSA-2019-3-011 Child, best interest
BLR-2019-3-007, RSA-2019-3-007, RSA-2019-3-011 Child, best interest, maintenance of family ties
ECH-2019-3-017 Child, born in prison, residence, change
RUS-2019-3-011 Child, temporary care, ultimate aim, reuniting natural parents and child
ECH-2019-3-017 Childcare, adequacy, babies
TUR-2019-3-006 Church, property, restitution
CZE-2019-3-009 Citizenship, acquisition, conditions
ECJ-2019-3-003 Citizenship, active
ECJ-2019-3-021 Citizenship, right, refusal
ECJ-2019-3-003 Climate Change
NED-2019-3-003 Collaboration
BRA-2019-3-013 Common law defence, reasonable and moderate chastisement
RSA-2019-3-007 Common purpose, doctrine
RSA-2019-3-010 Compensation act, democratisation movements
KOR-2019-3-007 Compensation payment procedure, implementation, completion, speed up
KOR-2019-3-007 Compensation system, balance, victim and offender
KOR-2019-3-008 Confinement, conditions, land border transit zone
ECH-2019-3-020 Conflict of interest, administrative law
CRO-2019-3-014 Conflict of interest, Commission, decision, judicial control
CRO-2019-3-014 Conflict of interest, official, high
CRO-2019-3-014 Constituency, disparities
JPN-2019-3-001 Constitution, violation, substantial
CZE-2019-3-009 Constitutional court, award, compensation
CRO-2019-3-018 Constitutional identity
GER-2019-3-025 Constitutional review, distribution of powers between EU and member states
GER-2019-3-023 Constitutional review, judgment, court
KOR-2019-3-008 Constitutional rights, competing
RSA-2019-3-011 Constitutionality, review
SWE-2019-3-005 Consultation between state, regions, cities and local authorities
ITA-2019-3-015 Consultation process, ballot paper, announcement
MEX-2019-3-016 Consumer protection
CZE-2019-3-012 Contamination, radioactive, affected areas
BLR-2019-3-006 Contempt of court
SLO-2019-3-001 Contempt of court, penalty
SLO-2019-3-001 Contract, choice of law clause
CAN-2019-3-008 Contract, sale and purchase
CZE-2019-3-012 Convicted person, release
FRA-2019-3-009 Co-operation agreement
BRA-2019-3-013 Costs, personal
RSA-2019-3-006 Counsel, assistance, visitation
KOR-2019-3-006 Court, ordinary, constitutionality of laws, verification
BRA-2019-3-018 Criminal conviction, rehabilitation
GER-2019-3-023 Criminal immunity, system, lack
BRA-2019-3-013 Criminal investigation police, officer
BRA-2019-3-013 Criminal justice, effectiveness
BRA-2019-3-013 Criminal law, circumstance, mitigating
BRA-2019-3-013 Criminal law, offence, serious consequences, public interests, imprecise phrasing, foreseeable criteria
MDA-2019-3-009 Criminal offence, definition
CZE-2019-3-011 Damage, compensation
BRA-2019-3-014 Damage, compensation, public procurement
CRO-2019-3-012 Damage, direct, indirect, psychological
KOR-2019-3-007 Data protection, media privilege
GER-2019-3-023 Data protection, media privilege, scope
GER-2019-3-024 Data, personal, collecting, processing
AUT-2019-3-003 Death penalty, abolition
BIH-2019-3-006 Decision, judicial, evaluation
BRA-2019-3-013 Defamation, against public official
HUN-2019-3-004 Defamation, criminal
CZE-2019-3-011, HUN-2019-3-004 Defamation, facts, allegation, proof
HUN-2019-3-004 Defamation, internet
CZE-2019-3-011 Defamation, judge
SLO-2019-3-001 Defamation, via Internet
HUN-2019-3-004 Defence policy
GER-2019-3-018 Defence, effective
FRA-2019-3-010 Democracy, ability to defend itself
BEL-2019-3-006 Democracy, right, individual
GER-2019-3-025 Denial of justice, formal
SUI-2019-3-004 Dependent person, definition
ECJ-2019-3-006 Detainee, right
FRA-2019-3-010 Detention pending trial, constitutionality
BRA-2019-3-018 Detention, foreigner, pending deportation
BLR-2019-3-008 Detention, reasons
BIH-2019-3-005 Detention, unlawful
BIH-2019-3-005 Difference in treatment, remuneration, superior council of magistrates, social policy and employment
MDA-2019-3-008 Dignified minimum existence, fundamental right to guarantee
ECJ-2019-3-018 Directive, transposition, measures, national, compromising result prescribed
ECJ-2019-3-002 Discrimination
BIH-2019-3-007 Discrimination, disability
ECH-2019-3-019 Discrimination, private actors, political opinion
GER-2019-3-017, GER-2019-3-020 Discrimination, sex
ECH-2019-3-019 Discrimination, sexual orientation
ECJ-2019-3-001 Dismissal, employment contract, disability, temporary
UKR-2019-3-011 Education, public, religion, encouragement by the State
GRE-2019-3-002 Education, social protection, equality of rights
ROM-2019-3-003 Education, transport, access, reimbursement of travel
ROM-2019-3-003 Effective investigation
TUR-2019-3-005 Effective judicial protection, right
ECJ-2019-3-019, ECJ-2019-3-017, GER-2019-3-026, ECJ-2019-3-012, ECJ-2019-3-023, ECJ-2019-3-010 Election campaign
MEX-2019-3-015 Election campaign, violation, intensity
BRA-2019-3-017 Election, advertising
HUN-2019-3-005 Election, campaign, freedom
BRA-2019-3-017 Election, campaign, limitation
HUN-2019-3-005 Election, campaign, restriction
HUN-2019-3-005 Election, campaign, restrictions
BRA-2019-3-017 Election, code, general principles
BRA-2019-3-017 Election, electoral law, interpretation
BRA-2019-3-017 Election, electoral law, system, voting, minimum threshold
FRA-2019-3-012 Election, European Parliament
FRA-2019-3-012 Election, threshold
FRA-2019-3-012 Elections, debate, political
MEX-2019-3-017 Electoral Management Body, capabilities
MEX-2019-3-015 Employee, discrimination, age
ECJ-2019-3-015 Employee, unfair treatment
GER-2019-3-024 Employer, right of personality, protection
GER-2019-3-024 Employment, leave, unused, relief, right
ECJ-2019-3-020 Employment, remuneration, discrimination
ECJ-2019-3-015 Equality
FRA-2019-3-012 Equality between men and women
ECJ-2019-3-015 Equality, application, private law
GER-2019-3-020, GER-2019-3-017 EU fundamental rights, application, constitutional court
GER-2019-3-024, GER-2019-3-023 EU law, implementation, leeway to design
GER-2019-3-024, GER-2019-3-023 European Arrest Warrant
ECJ-2019-3-010 European Arrest Warrant, criminal procedure, international law
GRE-2019-3-003 European Arrest Warrant, issuing judicial authority, independence
ECJ-2019-3-023 European Arrest Warrant, non-execution, limitations
ECJ-2019-3-016 European Arrest Warrant, surrender procedures between Member States
ECJ-2019-3-016 European Commission, legislative initiative
ECJ-2019-3-021 European Parliament, member, conviction, criminal
ECJ-2019-3-022 European Parliament, member, election
ECJ-2019-3-022 European Parliament, member, immunity
ECJ-2019-3-022 European Union citizen, marriage, non-EU citizen, right to residence
ECJ-2019-3-014 European Union law, principles, equal treatment, nationality, discrimination
ECJ-2019-3-011 European Union, citizen
ECJ-2019-3-011 European Union, citizen, dependent person, right to residence
ECJ-2019-3-006 European Union, citizen, free movement and residence in territory of Member States, right
ECJ-2019-3-006, ECJ-2019-3-014 European Union, competences, international treaty, conclusion
GER-2019-3-025 European Union, institutional balance
ECJ-2019-3-021 European Union, law, primacy
ECJ-2019-3-015 European Union, member states, mutual trust
ECJ-2019-3-016 Examination of goods, contract, withdrawal
CZE-2019-3-012 Excessive formalism
SUI-2019-3-004 Execution, postponement, dependent minor
TUR-2019-3-006 Executive, formation
ISR-2019-3-003 Expatriation, measure
ECJ-2019-3-014 Expulsion, presumed safe third country, denial of access to asylum proceedings
ECH-2019-3-020 Expulsion, safe third country
ECH-2019-3-020 Extinctive prescription, criminal compensation, state compensation
KOR-2019-3-008 Extinctive prescription, starting point, prescription period
KOR-2019-3-008 Extraction, requesting country, judiciary, independence, threat
NOR-2019-3-002 Extradition, assurance by receiving state
GER-2019-3-026 Extradition, assurances, receiving state
GER-2019-3-026 Extradition, foreigner, procedure, human rights
GRE-2019-3-003 Extradition, obstacle
NOR-2019-3-002 Extradition, obstacle, conformity of criminal proceedings with rule of law
GER-2019-3-021 Extradition, receiving state, assurance
GER-2019-3-021 Extradition, safeguard, impediment
SWE-2019-3-009 Extradition, surrender, order of priority
GRE-2019-3-003 Extreme hardship
GER-2019-3-022 False denunciation, criminal proceedings, suspects
AZE-2019-3-008 Family life, de facto
SWE-2019-3-007 Family, reunification
ECJ-2019-3-006 Federal Government, ultra vires act, international treaty
GER-2019-3-018 Federal Government, executive decision-making, international relations
GER-2019-3-018 Federal law, constitutionality
BRA-2019-3-018 Financial autonomy, independent bodies
MDA-2019-3-010 Foreign national
FRA-2019-3-009, FRA-2019-3-011 Foreigner, expulsion, right to family life
ECJ-2019-3-014 Foreseeability, law
SWE-2019-3-008 Free movement of persons, athlete amateur, competition, national, difference of treatment
ECJ-2019-3-011 Free trade, agreement, European Union
GER-2019-3-025 Freedom of conscience
SLO-2019-3-004 Freedom of expression, election, regulated
BRA-2019-3-017 Freedom of expression, exception, protection, scope
HUN-2019-3-004 Freedom of expression, misuse
NOR-2019-3-001 Freedom of expression, political party
SLO-2019-3-002 Freedom of expression, scope of protection
BRA-2019-3-017, HUN-2019-3-004 Freedom of religion
SLO-2019-3-004 Freedom to impart information
FRA-2019-3-013 Fundamental rights, Member States, diversity
GER-2019-3-023 Fundamental rights, presumption of innocence
BRA-2019-3-018 Fundamental Rights, protection, dispute, administrative
CRO-2019-3-017 General right of personality, informational self-determination
GER-2019-3-023, GER-2019-3-024 General right of personality, statements relating to one’s person, protection
GER-2019-3-023, GER-2019-3-024 Guarantee of fair remuneration, end-of-service allowances
ITA-2019-3-013 Guilt, principle
BRA-2019-3-018 Hate speech, public
NOR-2019-3-001 Health facility, medical treatment
ITA-2019-3-015 High Administrative Court, general act, review, legality
CRO-2019-3-017 Higher education, access
RSA-2019-3-008 Historical sexual offence, punishments available
CAN-2019-3-006 Hotel, ban, guest, political party
GER-2019-3-017, GER-2019-3-020 Housing, cooperative
UKR-2019-3-014 Human dignity, protection
ITA-2019-3-012 Human rights, violation, compensation
CRO-2019-3-018 Identity protection, ongoing
RSA-2019-3-011 Immunity from execution
BRA-2019-3-013 Immunity from jurisdiction
BRA-2019-3-013 Immunity, criminal
BRA-2019-3-013 Immunity, criminal, association
BRA-2019-3-013 Impartiality
SLO-2019-3-001 Implementation, law
EST-2019-3-002 Imprisonment, pregnancy
ROM-2019-3-002 Independent administrative authority, duties
CZE-2019-3-010 Indigenous community, practices, customs, protection
MEX-2019-3-016 Injunction, preliminary, treaty, approval
GER-2019-3-025 Instant provision, ruling of judicial compromise, deeming issuance
KOR-2019-3-007 Instrumentality
RSA-2019-3-010 Insult, judge
SLO-2019-3-001 International Court of Justice, case-law
GER-2019-3-018 International treaty, approval, Council of Ministers
GER-2019-3-025 Internet, information, access
GER-2019-3-024, GER-2019-3-023 Intimidation, punishment, reverse onus
RSA-2019-3-009 Investigation, criminal
CRO-2019-3-013 Investigation, criminal, effectiveness
CRO-2019-3-018 Investigation, effective, requirement
CRO-2019-3-013 ISIL, terrorist attacks
GER-2019-3-018 Judge, administrative role
GRE-2019-3-001 Judge, appointment
GRE-2019-3-001 Judge, irremovability
ECJ-2019-3-012, ECJ-2019-3-017 Judge, promotion
GRE-2019-3-001 Judgment, foreign, recognition
SWE-2019-3-010, SWE-2019-3-007 Judicial authority, independence
ECJ-2019-3-010 Judicial authority, intervention, necessity
ECJ-2019-3-010, ECJ-2019-3-023 Judicial review, Council of State
GRE-2019-3-003 Judicial review, over other state powers, necessity
BRA-2019-3-013 Judiciary, Constitutional protection
CRC-2019-3-003 Judiciary, independence, guarantees
ECJ-2019-3-012, ECJ-2019-3-019, ECJ-2019-3-017 Land transfer, compulsory
SWE-2019-3-006 Language, indigenous minority, protection, promotion
RSA-2019-3-008 Language, official, used by the state authorities
SWE-2019-3-008 Late appearance
SUI-2019-3-004 Law, amendment, retroactive, application
CZE-2019-3-009 Law-making process, participation, constitutional rules
SWE-2019-3-005 Lawyer, presence at hearing
SUI-2019-3-004 Leave to appeal, application
RSA-2019-3-007 Leave, maternity, remuneration
BIH-2019-3-007 Legal interest
SLO-2019-3-003 Legal standing
SLO-2019-3-003 Legality of offence, penalty
SWE-2019-3-008 Legislation, right to initiate, admissibility
ECJ-2019-3-021 Legislative discretion, limit
KOR-2019-3-008 Legislature, member, moral turpitude
ISR-2019-3-003 Legitimate expectation, principle, protection
CZE-2019-3-009 Legitimate interest
SUI-2019-3-004 Life, effective investigation
ECH-2019-3-016 Life, positive obligations
ECH-2019-3-016 Locus standi
SLO-2019-3-003 Locus standi, legal person
SLO-2019-3-003 Locus standi, public law entity
SLO-2019-3-003 Mandate, termination, Member of parliament, additional grounds
UKR-2019-3-015 Mass communication
TUR-2019-3-005 Media, freedom of expression
FRA-2019-3-013 Military operation, defence, international
GER-2019-3-018 Minimum subsistence
GER-2019-3-022 Mobile application
MEX-2019-3-015 Monopoly, non-discrimination
GER-2019-3-020, GER-2019-3-017 Municipal Elections
MEX-2019-3-015 Municipality, income
BRA-2019-3-016 Municipality, resource, sufficiency, guarantee
BRA-2019-3-016 Murder, trial, media reporting
GER-2019-3-023 Mutual collective security, system, international law
GER-2019-3-018 Mutual defence clause
GER-2019-3-018 Mutual recognition, principle
GRE-2019-3-003 National Anti-Corruption Bureau, President, role
UKR-2019-3-012 National designated spatial plan
EST-2019-3-001 National, third-country
ECJ-2019-3-005, ECJ-2019-3-013, ECJ-2019-3-018, ECJ-2019-3-009, ECJ-2019-3-007, ECJ-2019-3-004, ECJ-2019-3-008 No distinction, amended housing benefit scheme, vulnerable tenants, social housing
ECH-2019-3-019 Non-state actors, self-defence, international law
GER-2019-3-018 Norm, legal, explanation, executive body
BLR-2019-3-005 Oil, gas, exploration, exploitation
BRA-2019-3-016 Ombudsman, bad faith, punishment
RSA-2019-3-006 Ombudsman, liability
RSA-2019-3-006 Ombudsman, punitive costs
RSA-2019-3-006 Online archive, press
GER-2019-3-023 Open justice
RSA-2019-3-011 Organisation, unpopular, membership
TUR-2019-3-004 Organisational independence
BEL-2019-3-006 Organstreit, dispute between constitutional organs, disciplinary fire
GER-2019-3-019 Organstreit proceedings (disputes between constitutional organs), material deviators
GER-2019-3-018 Pacta sunt servanda, principle
CZE-2019-3-009 Paid leave, right, prescription
ECJ-2019-3-020 Pardon, legal nature
BRA-2019-3-013 Pardon, prisoner, competence
BRA-2019-3-013 Parental duties, avoidance
BLR-2019-3-007 Parliament, act of approval, international treaty
GER-2019-3-018 Parliament, member, disciplinary measure
GER-2019-3-019 Parliament, order, maintain
GER-2019-3-019 Parliament, organisation, autonomy
GER-2019-3-019 Parliamentary dispute, president, member
GER-2019-3-019 Patriarchy, perpetuation
RSA-2019-3-010 Payment decision, stability
KOR-2019-3-007 Penalty, administrative
FRA-2019-3-011 Pension, reduction
ECJ-2019-3-001 Pension, retirement
ECJ-2019-3-001, ECJ-2019-3-015 Persecution, risk, assessment
GER-2019-3-026, GER-2019-3-021 Personal indemnity
RSA-2019-3-006 Plan, land-use
CRO-2019-3-017 Pluralism, measures in support of publishing
ITA-2019-3-014 Political party, election, participation, right
BRA-2019-3-017 Political party, not represented in Parliament
FRA-2019-3-012 Political repression, rehabilitation
RUS-2019-3-011 Political repression, victim
RUS-2019-3-011 Positive obligation, investigation
CRO-2019-3-013 Postal communication, regulation
BLR-2019-3-004 Prefect’s powers
ITA-2019-3-015 Presumption of innocence
FRA-2019-3-013 Pre-trial detention
FRA-2019-3-010 Previous decision, reversal
KOR-2019-3-006 Principle of offensiveness (criminal law)
ITA-2019-3-012 Principle, non bis in idem
GRE-2019-3-004 Principle, legality
SWE-2019-3-011 Prison facilities, childcare
TUR-2019-3-006 Prison facilities, children
TUR-2019-3-006 Privacy, rights and interests, balance
AUT-2019-3-003 Proceedings, issue, fee
CZE-2019-3-010 Profession
BRA-2019-3-015 Profession, access, conditions
BRA-2019-3-015 Profession, authorisation
BRA-2019-3-015 Profession, freedom to choose
BRA-2019-3-015 Profession, freedom to exercise, regulation
BRA-2019-3-015 Profession, qualification, requirement, excessive
BRA-2019-3-015 Profession, standardisation
BRA-2019-3-015 Property, inviolability
AZE-2019-3-007 Property, protection, constitutional
SWE-2019-3-006 Property, seizure under communist regime
CZE-2019-3-009 Property, state, privatising
AZE-2019-3-007 Prosecutor, independence
ECJ-2019-3-010, ECJ-2019-3-023 Prostitution, aiding and abetting
ITA-2019-3-012 Prostitution, economic activity
ITA-2019-3-012 Provision, Constitution, statute, identical
CRO-2019-3-019 Provisional release pursuant to a court order, conditions for release
FRA-2019-3-009 Public interests, protection
EST-2019-3-001 Public order
HUN-2019-3-005 Public order, protection
ECJ-2019-3-014 Public procurement
CZE-2019-3-010 Public procurement, legislative model
CRO-2019-3-012 Public prosecutor, power
BRA-2019-3-013, ECJ-2019-3-023, ECJ-2019-3-010 Public safety, protection
ECJ-2019-3-014 Public sector employees, end-of-service allowances, deferred payment
ITA-2019-3-013 Punitive costs, representative litigant
RSA-2019-3-006 Punitive measure taken against collaborators
BRA-2019-3-013 Rape culture
RSA-2019-3-010 Rape, common law
RSA-2019-3-010 Reading in, judgment
RSA-2019-3-011 Recalculation, pension, Prosecutors’ Office, employee
UKR-2019-3-013 Reduction, greenhouse gas
NED-2019-3-003 Referral process
SWE-2019-3-005 Refoulement, pre-trial detention
ECH-2019-3-020 Refugee status, exclusion
ECJ-2019-3-008 Refugee status, recognition
KOR-2019-3-006 Refugee, detention, airport
KOR-2019-3-006 Refugee, rights, adequate accommodation
ECJ-2019-3-018 Refugee, rights, national treatment
ECJ-2019-3-018, ECJ-2019-3-004 Refugee, rights, social benefits
ECJ-2019-3-018 Refugee, rights, standard of living
ECJ-2019-3-018 Refugee, status, determination
ECJ-2019-3-008 Refugee, status, revocation
ECJ-2019-3-008 Region, autonomy, financial
BRA-2019-3-016 Region, taxation
BRA-2019-3-016 Religion, compulsory subject
GRE-2019-3-002 Religion, education, neutrality of the State
GRE-2019-3-002 Religion, education, option
GRE-2019-3-002 Religion, education, orthodox, compulsory
GRE-2019-3-002 Religion, education, participation of children of other denomination
GRE-2019-3-002 Religion, education, publicly-funded school
GRE-2019-3-002 Religion, employment
ECJ-2019-3-002 Religion, encouragement by the state
GRE-2019-3-002, ECJ-2019-3-002 Religion, instruction, level, differentiation
GRE-2019-3-002 Religion, place of worship, private
RUS-2019-3-010 Religion, religious denomination, protection
ECJ-2019-3-002 Religion, religious organisation, agricultural land, use for religious purposes
RUS-2019-3-010 Religious community, public organisation, status, granting
BEL-2019-3-006 Religious organisation, agricultural land, use for religious purposes
RUS-2019-3-010 Remedy, objection procedure
GER-2019-3-019 Removal from the country, measure
FRA-2019-3-009 Repatriation, waiting room
KOR-2019-3-006 Requirement, limitation of right, constriction
MEX-2019-3-016 Res judicata, Constitutional Court, judgment
BRA-2019-3-018 Restorative justice
RSA-2019-3-011 Retirement age, judge
ECJ-2019-3-017, ECJ-2019-3-012 Reverse onus, reasonable doubt
RSA-2019-3-009 Review, constitutional
CRO-2019-3-019 Review, standard
ECJ-2019-3-016 Right to appeal
SWE-2019-3-004 Right to attend sporting events, restriction
ECJ-2019-3-011 Right to be forgotten
GER-2019-3-023, GER-2019-3-024 Right to damages
BRA-2019-3-014 Right to just and decent working conditions
BRA-2019-3-014 Right to self-organisation, interference
EST-2019-3-001 Rights of workers, protection
BRA-2019-3-014 Sale of marine engine parts, contract
CAN-2019-3-008 Same-sex relationships
EST-2019-3-002 Sanction, tax evasion, administrative, criminal
GRE-2019-3-004 Sanction, twofold, tax, customs duty, violation
GRE-2019-3-004 Sanctions, unemployment benefit
GER-2019-3-022 Search engine, de-referencing
GER-2019-3-024 Seat, allocation
JPN-2019-3-001 Self-defence, collective, right, international law
GER-2019-3-018 Sending to safe third country, condition
ECJ-2019-3-004 Sentence, execution, postponement
ROM-2019-3-002 Sentence, necessity, principle
FRA-2019-3-009 Sentence, proportionality
FRA-2019-3-009 Sentence, purpose
FRA-2019-3-009 Slander
HUN-2019-3-004 Social life, participation
GER-2019-3-017, GER-2019-3-020 Social media
HUN-2019-3-004 Standard of review, EU law, domestic fundamental rights
GER-2019-3-023 Standing, constitutional dispute, parliamentary group
GER-2019-3-018 Standing, vicarious
GER-2019-3-018 State asset, transfer to regions and municipalities
BRA-2019-3-016 State, liability
EST-2019-3-002 State’s evidence
BRA-2019-3-013 Statement, directed against persons
NOR-2019-3-001 Statement, on substance
NOR-2019-3-001 Strict review
BEL-2019-3-005 Subject of review, EU law, domestic application
GER-2019-3-023, GER-2019-3-024 Subject of review, government decision, Council of Ministers
GER-2019-3-025 Subsidiarity, principle
CZE-2019-3-011 Supreme Court, application, premature
ISR-2019-3-003 Surrogacy, child, best interests,
SWE-2019-3-010, SWE-2019-3-007 Surrogacy, child, non-biological parent, registration
SWE-2019-3-010 Surrogacy, child, non-biological parent, registration.
SWE-2019-3-007 Surveillance, secret
AUT-2019-3-003 Surveillance, wiretapping
TUR-2019-3-005 Suspicion, reasonable
BIH-2019-3-005 Tapping, telephone
TUR-2019-3-005 Tax, calculation
BRA-2019-3-016 Tax, local, right to determine
BRA-2019-3-016 Tax, municipal
BRA-2019-3-016 Tax, rate, determination, regulation
BRA-2019-3-016 Taxation, church
CZE-2019-3-009 Temporary residence permit
EST-2019-3-002 Terrorism, fight, international coalition
GER-2019-3-018 Terrorist activity, evidence
TUR-2019-3-004 Test, justification, measure of social and economic policy
ECH-2019-3-019 Trainee lawyer
SUI-2019-3-004 Transport, public, lack of, subscription, supporting documents
ROM-2019-3-003 Unemployment benefit reduction, limit
GER-2019-3-022 Unemployment benefit, cooperation, obligation, enforcement, sanction
GER-2019-3-022 Unified State-Regions Conference (with cities and local authorities)
ITA-2019-3-015 Unlawful act, public official, public duty
KOR-2019-3-007 Use of force, international law
GER-2019-3-018 Victim, anonymity, default
RSA-2019-3-011 Victim, stigmatisation
RSA-2019-3-011 Video surveillance, workplace, legitimate
ECH-2019-3-018 Violence sexual
CRO-2019-3-015 Violence, physical
CRO-2019-3-015 Vote, relative weight
JPN-2019-3-001 War crime
CRO-2019-3-013 Weapon, right to keep and carry
SWE-2019-3-011 Weighing of consequences, standard, preliminary proceedings
GER-2019-3-025 Welfare
GER-2019-3-022 Worker, fundamental right, protection
BRA-2019-3-014 Working conditions, just and decent, right
BRA-2019-3-014 Young person, trial delay, stay of proceedings
CAN-2019-3-007