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e-Bulletin 2020-2
on Constitutional Case-Law
The electronic Bulletin on Constitutional Case-Law ("e-Bulletin") is produced by the European Commission for Democracy through Law, better known as the Venice Commission. The e-Bulletin regularly reports on the case-law of constitutional courts and courts with equivalent jurisdiction in Europe and beyond, including case-law of the European Court of Human Rights, the Court of Justice of the European Union and the Inter-American Court of Human Rights. The e-Bulletin is sent to liaison officers and to subscribers by e-mail three times a year, each mailing reports on the most important case-law gathered during a four-month period.
The e-Bulletin’s aim is to allow judges and constitutional law specialists to be informed quickly about the most important judgments rendered in the field of constitutional justice. The exchange of information and ideas among courts in different countries with similar or different legal traditions, in the field of judge-made law, is of vital importance. Such an exchange of information and such cooperation, we hope, will not only benefit the newly established constitutional courts, but will also enrich the case-law of longer established courts. The main purpose of the e-Bulletin on Constitutional Case-Law is to foster an exchange of information and ideas and to assist national judges in solving difficult questions of law, which often arise simultaneously in courts of different countries.
If you wish to receive the e-Bulletin, please subscribe at the page https://www.venice.coe.int/files/bulletin/eBulletin-subscription.html.
The Venice Commission is grateful to the liaison officers of constitutional and equivalent courts, who regularly prepare the contributions, reproduced in the Bulletin with links to our database CODICES. As such, the summaries of decisions and opinions in the Bulletin do not constitute an official record of court decisions and should not be considered as offering or purporting to offer an authoritative interpretation of the law.
The Venice Commission would like to thank the International Organisation of the Francophonie for their support in ensuring that contributions from its member, associate and observer states can be translated into French.
T. Gerwien
Legal Officer, Division on Constitutional Justice
European Commission for Democracy through Law (“Venice Commission”)
September 2020
ARG-2020-2-002 a) Argentina / b) Supreme Court / c) / d) 11.08.2020 / e) CSJ 468/2020 / f) Ekistics Defense of the Environment Civil Association v. Provinces of Santa Fe and others s/ amparo ambiental /
The provinces of Santa Fe, Entre Ríos and Buenos Aires, and the Municipalities of Victoria and Rosario shall immediately create a Committee of Environmental Emergency to cease the burning of pastures, adopt effective measures for the prevention, control and ceasing of irregular fire outbreaks, pursuant to Law no. 26562, in the region of the Paraná River Delta and present the Supreme Court, within... Read more
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Outbreak, fire, irregular / Burning, pastures / Environmental protection, ecosystem, degradation / Environment, precautionary measure / Environment, collective action, amparo action.
AUT-2020-2-002 a) Austria / b) Constitutional Court / c) / d) 14.07.2020 / e) V 363/2020 / f) /
COVID-19 regulation of 15 March 2020, Federal Law Gazette II no. 98/2020 (as amended), according to which the entry into public places was generally forbidden for the purpose of preventing the spread of COVID-19, was unlawful because it lacked a clear legal authorisation expressly providing for such a far-reaching interference with the right to free movement.
The legal interest of an applicant... Read more
1.4.3
Constitutional Justice - Procedure - Time-limits for instituting proceedings.
1.4.6.1
Constitutional Justice - Procedure - Grounds - Time-limits.
1.4.9.2
Constitutional Justice - Procedure - Parties - Interest.
3.12
General Principles - Clarity and precision of legal provisions.
3.13
General Principles - Legality.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, epidemic, pandemic. / Public place, access, restriction, entry ban, exception, professional duties, necessary basic needs / Public place, outdoors, indoors / Household, same, different / Employment, home office / University, professional duties, access, library / Freedom of movement, temporary restriction, access, second residence / Expired legislation, temporal applicability, short, challenge, legal interest.
AUT-2020-2-003 a) Austria / b) Constitutional Court / c) / d) 14.07.2020 / e) G 202/2020 / f) /
The property restrictions as provided in § 1 of the COVID-19 regulation of 15 March 2020, Federal Law Gazette II no. 96/2020, including an entry ban on customer areas of business premises and leading to a temporary closure of shops and businesses are necessary in order to avoid the spread of the COVID-19 pandemic.
The right to property under Article 5 of the Basic Law on the General Rights of... Read more
3.16
General Principles - Proportionality.
3.19
General Principles - Margin of appreciation.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.2
Fundamental Rights - Equality.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, epidemic, pandemic / Right to property, compensation for loss of earnings, economic support measures / Entry ban, ban on operation.
AZE-2020-2-003 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 20.05.2020 / e) / f) Verification of compliance of the decision of the Supreme Court, dated 19 March 2019 with the laws and Constitution in connection with the complaint of Mr. Salimov /
A person who has not been involved in a case, whose rights and freedoms were violated or who has been imposed additional obligations, in any case shall be provided with effective means for the restoration of his or her violated rights. Such persons shall have the right in accordance with the requirements of the legislation to appeal against judicial acts that have entered into force.
1.1.1.1.1
Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Judicial protection, right / Violation, right, absence of involvement, case examination.
AZE-2020-2-004 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 19.08.2020 / e) / f) Interpretation of Article 2.1.2.6 of the Law on Insurance of Deposits in the context of Articles 47 and 48 of the Law on Banks /
Precision of the moment of conclusion of agreement has great significance for accurate regulation of the civil right relations of the parties of the agreement. The parties’ concrete rights and obligations occur namely since the moment of conclusion of agreement. The agreement comes into force from the moment of conclusion and gets deemed as mandatory for the parties.
1.3.4.13
Constitutional Justice - Jurisdiction - Types of litigation - Universally binding interpretation of laws.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
Freedom, agreement / Deposits, insurance.
BLR-2020-2-001 a) Belarus / b) Constitutional Court / c) BLR-2020-2-002 a) Belarus / b) Constitutional Court / c)
BEL-2020-2-001 a) Belgium / b) Constitutional Court / c) / d) 16.01.2020 / e) 7/2020 / f) / BEL-2020-2-002 a) Belgium / b) Constitutional Court / c) / d) 06.02.2020 / e) 16/2020 / f) / BEL-2020-2-003 a) Belgium / b) Constitutional Court / c) / d) 20.02.2020 / e) 28/2020 / f) / BEL-2020-2-004 a) Belgium / b) Constitutional Court / c) / d) 12.03.2020 / e) 39/2020 / f) / BEL-2020-2-005 a) Belgium / b) Constitutional Court / c) / d) 14.05.2020 / e) 67/2020 / f) / BEL-2020-2-006 a) Belgium / b) Constitutional Court / c) / d) 04.06.2020 / e) 81/2020 / f) /
BIH-2020-2-002 a) Bosnia and Herzegovina / b) Constitutional Court / c) Chamber / d) 06.02.2020 / e) U 10/19 / f) /
BRA-2020-2-009 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 27.03.2020 / e) Provisional Remedy in the Claim of Noncompliance with a Fundamental Precept 663 (ADPF 663-MC) / f) Suspension of the term of the Provisional Presidential Decree during the COVID-19 pandemic / BRA-2020-2-010 a) Brazil / b) Federal Supreme Court / c) Single-judge decision / d) 03.04.2020 / e) Provisional Remedy in the Claim of Noncompliance with a Fundamental Precept 662 (ADPF 662-MC) / f) Increase of families that receive social assistance benefits without a corresponding source to fund it / BRA-2020-2-011 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 17.04.2020 / e) Referendum on the provisional remedy in the Direct Action of Unconstitutionality 6387 (ADI 6387 Ref-MC) / f) / BRA-2020-2-012 a) Brazil / b) Federal Supreme Court / c) Single-judge decision / d) 22.04.2020 / e) Provisional Relief on Civil Original Action 3.385 (ACO 3385 TP) / f) The Union cannot request items bought by a regional state (ventilators) to combat COVID-19 / BRA-2020-2-013 a) Brazil / b) Federal Supreme Court / c) Single-judge decision / d) 13.05.2020 / e) Claim of Noncompliance with a Fundamental Precept 568 (ADPF 568) / f) The settlement sum approved in court may be reallocated to fight the coronavirus pandemic (COVID-19) / BRA-2020-2-014 a) Brazil / b) Federal Supreme Court / c) Single-judge decision / d) 13.05.2020 / e) Claim of Noncompliance with a Fundamental Precept 672 (ADPF 672) / f) The states, the Federal District and the municipalities are competent to adopt measures to combat the coronavirus pandemic (COVID-19) / BRA-2020-2-015 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 13.05.2020 / e) Referendum of the provisional remedy in the Direct Action of Unconstitutionality 6357 (ADI 6357 Ref-MC) / f) Remove requirements from laws to expand prevention programs against COVID-19 to protect the most vulnerable population / BRA-2020-2-016 a) Brazil / b) Supreme Court / c) Full Court / d) 14.05.2020 / e) Referendum of the provisional remedy in the Direct Action of Unconstitutionality 6359 (ADI 6359 Ref-MC) / f) Suspension for 30 (thirty) days of the deadline for party affiliation, electoral domicile and disengagement from public service / BRA-2020-2-017 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 16.05.2020 / e) / f) Expulsion of Venezuelan diplomats from the national territory / BRA-2020-2-018 a) Brazil / b) Supreme Court / c) Full Court / d) 21.05.2020 / e) Provisional remedy on the Direct Action of Unconstitutionality 6421 (ADI 6421-MC) / f) Public agents´s liability for action and omission in acts related to the COVID-19 pandemic / BRA-2020-2-019 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 09.06.2020 / e) Provisional Remedy in the Claim of Noncompliance with a Fundamental Precept 690 (ADPF 690-MC) / f) Transparency and publicity are needed regarding epidemiological data on the COVID-19 pandemic /
CAN-2020-2-002 a) Canada / b) Supreme Court / c) / d) 12.06.2020 / e) 38332 / f) Conseil scolaire francophone de la Colombie-Britannique v. British Columbia / CAN-2020-2-003 a) Canada / b) Supreme Court / c) / d) 10.07.2020 / e) 38478 / f) British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia / CAN-2020-2-004 a) Canada / b) Supreme Court / c) / d) 31.07.2020 / e) 38381 / f) British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia / CAN-2020-2-005 a) Canada / b) Supreme Court / c) / d) 31.07.2020 / e) 38459 / f) Nova Scotia (Attorney General) v. Judges of the Provincial Court and Family Court of Nova Scotia /
CRC-2020-2-001 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 03.07.2020 / e) 2020-12419 / f) /
ECH-2020-2-009 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 05.05.2020 / e) 3599/18 / f) M.N. and Others v. Belgium (dec.) [GC] / ECH-2020-2-010 a) Council of Europe / b) European Court of Human Rights / c) Section IV / d) 26.05.2020 / e) 17247/13 / f) Makuchyan and Minasyan v. Azerbaijan and Hungary / ECH-2020-2-011 a) Council of Europe / b) European Court of Human Rights / c) Section V / d) 28.05.2020 / e) 29620/07 / f) Farzaliyev v. Azerbaijan / ECH-2020-2-012 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 29.05.2020 / e) P16-2019-001 / f) Advisory opinion requested by the Armenian Constitutional Court [GC] / ECH-2020-2-013 a) Council of Europe / b) European Court of Human Rights / c) Section V / d) 11.06.2020 / e) 15271/16 / f) Baldassi and Others v. France / ECH-2020-2-014 a) Council of Europe / b) European Court of Human Rights / c) Section V / d) 18.06.2020 / e) 20452/14 / f) Molla Sali v. Greece (just satisfaction) [GC] / ECH-2020-2-015 a) Council of Europe / b) European Court of Human Rights / c) Section V / d) 25.06.2020 / e) 52273/16, 52285/16, 52290/16 ECH-2020-2-016 a) Council of Europe / b) European Court of Human Rights / c) Chamber / d) 30.06.2020 / e) 50514/13 / f) Saquetti Iglesias v. Spain /
CRO-2020-2-002 a) Croatia / b) Constitutional Court / c) / d) 19.05.2020 / e) U-III-1393/2020 / f) / CRO-2020-2-003 a) Croatia / b) Constitutional Court / c) / d) 19.05.2020 / e) U-III-4817/2017 / f) / CRO-2020-2-004 a) Croatia / b) Constitutional Court / c) / d) 03.07.2020 / e) U-VII-2980/2020 / f) /
CZE-2020-2-002 a) Czech Republic / b) Constitutional Court / c) Third Panel / d) 19.05.2020 / e) III. ÚS 3997/19 / f) The Right to Judicial Protection and the Prohibition of Inhuman Treatment when Relocating a Foreign National under the Dublin III Regulation / CZE-2020-2-003 a) Czech Republic / b) Constitutional Court / c) Fourth Panel / d) 23.06.2020 / e) IV. ÚS 2257/18 / f) The Right to Reply and the Right to an Additional Communication under the Press Act /
ECJ-2020-2-009 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 14.05.2020 / e) C-924/19 and C-925/19 / f) Országos Idegenrendészeti Foigazgatóság Dél-alföldi Regionális Igazgatóság / ECJ-2020-2-010 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 11.06.2020 / e) C-581/18 / f) TÜV Rheinland LGA Products and Allianz IARD / ECJ-2020-2-011 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 25.06.2020 / e) C-36/20 PPU / f) Ministerio Fiscal (Autorité susceptible de recevoir une demande de protection internationale) / ECJ-2020-2-012 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 16.07.2020 / e) C-129/19 / f) Presidenza del Consiglio dei Ministri / ECJ-2020-2-013 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 16.07.2020 / e) C-311/18 / f) Facebook Ireland and Schrems /
FRA-2020-2-006 a) France / b) Constitutional Council / c) / d) 11.05.2020 / e) 2020-800 DC / f) Law extending the public health state of emergency and supplementing its provisions / FRA-2020-2-007 a) France / b) Constitutional Council / c) / d) 17.06.2020 / e) 2020-849 QPC / f) Mr Daniel D. and Others (Changes to municipal election dates) / FRA-2020-2-008 a) France / b) Constitutional Council / c) / d) 18.06.2020 / e) 2020-801 DC / f) Law addressing online hate content / FRA-2020-2-009 a) France / b) Constitutional Council / c) / d) 19.06.2020 / e) 2020-844 QPC / f) Mr Éric G. (Supervision of seclusion and restraint measures in involuntary psychiatric care) / FRA-2020-2-010 a) France / b) Constitutional Council / c) / d) 07.08.2020 / e) 2020-805 DC / f) Law introducing preventive measures for perpetrators of terrorist acts upon completion of their sentences /
GER-2020-2-009 a) Germany / b) Federal Constitutional Court / c) First Chamber of the Second Panel / d) 03.04.2020 / e) 2 BvR 1838/15 / f) Assessment of faith / GER-2020-2-010 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 06.05.2020 / e) 2 BvR 331/18 / f) Debt rescheduling of Greek government bonds / GER-2020-2-011 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 19.05.2020 / e) 1 BvR 2835/17 / f) Foreign telecommunications surveillance / GER-2020-2-012 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the First Panel / d) 19.05.2020 / e) 1 BvR 2397/19 / f) Constitutional standards regarding criminal convictions for derogatory statements / GER-2020-2-013 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 20.05.2020 / e) 2 BvR 2628/18 / f) Discrimination on the basis of parentage in the context of restoring citizenship / GER-2020-2-014 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 26.05.2020 / e) 1 BvL 5/18 / f) Pension sharing following divorce / GER-2020-2-015 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 27.05.2020 / e) 1 BvR 1873/13, 1 BvR 2618/13 / f) Subscriber data II / GER-2020-2-016 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 09.06.2020 / e) 2 BvE 1/19 / f) The right of members of the government to issue political statements / GER-2020-2-017 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 09.06.2020 / e) 2 BvE 2/19 / f) Police intrusion into offices of members of the Bundestag / GER-2020-2-018 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 19.06.2020 / e) 1 BvR 842/17 / f) Ban on using strike-breakers / GER-2020-2-019 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 30.06.2020 / e) 1 BvR 1679/17 1 BvR 2190/17 / f) Offshore Wind Energy Act / GER-2020-2-020 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the First Panel / d) 07.07.2020 / e) 1 BvR 479/20 / f) Incitement to hatred through anti-Semitic statements / GER-2020-2-021 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 09.07.2020 / e) 1 BvR 719/19, 1 BvR 720/19 / f) Strike action on businesses’ premises /
HUN-2020-2-001 a) Hungary / b) Constitutional Court / c) Plenary / d) 13.05.2020 / e) 7/2020. (V. 13.) AB / f) On rejection of a judicial initiative against Section 27.3b of Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information and on declaring an omission on the part of the legislator, violating Articles VI.3 and 39.2 of the Fundamental Law for failing to provide effective judicial remedy if the obligation to supply information in accordance with Section 27.3a of Act CXII of 2011 was not met / HUN-2020-2-002 a) Hungary / b) Constitutional Court / c) Plenary / d) 03.06.2020 / e) 11/2020. (VI. 3.) AB / f) On formulating a constitutional requirement stemming from Article B; E.2, E.3 and R.1, R.2, R.4 of the Fundamental Law and on rejection of a judicial initiative against Section 108.5a of Act CCXII of 2013 on certain measures and transitional regulations related to Act CXXII of 2013 on the Agricultural and Forestry Land Trade / HUN-2020-2-003 a) Hungary / b) Constitutional Court / c) Plenary / d) 08.07.2020 / e) 15/2020. (VII. 8.) AB / f) On formulating a constitutional requirement stemming from Articles IX.1 and XXVIII.4 of the Fundamental Law regarding the application of Section 337.2 of Act C of 2012 of the Criminal Code and on rejecting a constitutional complaint against Section 337.2 of Act C of 2012 of the Criminal Code /
IRL-2020-2-001 a) Ireland / b) Supreme Court / c) Clarke C.J.; O’Donnell J.; MacKechnie J.; Macmenamin J.; Charleton J.; O’Malley J.; Irvine J. / d) 24.02.2020 / e) 18/2019 / f) Graham Dwyer v. The Commissioner of An Garda Síochána, The Minister for Communications, Energy and Natural Resources, Ireland and the Attorney General / IRL-2020-2-002 a) Ireland / b) Supreme Court / c) Clarke C.J.; McKechnie J.; Dunne J.; Charleton J.; Irvine J. / d) 19.03.2020 / e) / f) Ryan v. Governor of Mountjoy Prison / IRL-2020-2-003 a) Ireland / b) Supreme Court / c) Clarke C.J.; O’Donnell J.; Dunne J.; O’Malley J.; Irvine J. / d) 29.04.2020 / e) 176/2018 / f) B. (A minor suing through his mother and next friend, J.G.) v. The Director of Oberstown Children Detention Centre and the Minister for Children and Youth Affairs, Ireland and the Attorney General / IRL-2020-2-004 a) Ireland / b) Supreme Court / c) Clarke C.J.; McKechnie J.; MacMenamin J.; Charleton J.; Baker J. / d) 04.06.2020 / e) 136/19 / f) M.C. v. The Clincial Director of the Central Mental Hospital and The Mental Health (Criminal Law) Review Board / IRL-2020-2-005 a) Ireland / b) Supreme Court / c) Clarke C.J.; Irvine P.; O’Donnell J.; MacMenamin J.; Dunne J.; O’Malley J.; Baker J. / d) 31.07.2020 / e) 205/19 / f) Friends of the Irish Environment CLG v. The Government of Ireland, Ireland and the Attorney General /
ITA-2020-2-007 a) Italy / b) Constitutional Court / c) / d) 24.10.2019 / e) 222/2019 / f) / ITA-2020-2-008 a) Italy / b) Constitutional Court / c) / d) 26.02.2020 / e) 32/2020 / f) / ITA-2020-2-009 a) Italy / b) Constitutional Court / c) / d) 09.03.2020 / e) 44/2020 / f) / ITA-2020-2-010 a) Italy / b) Constitutional Court / c) / d) 22.05.2020 / e) 97/2020 / f) / ITA-2020-2-011 a) Italy / b) Constitutional Court / c) / d) 23.06.2020 / e) 118/2020 / f) / ITA-2020-2-012 a) Italy / b) Constitutional Court / c) / d) 16.07.2020 / e) 150/2020 / f) /
KOR-2020-2-004 a) Korea / b) Constitutional Court / c) / d) 11.04.2019 / e) 2017Hun-Ba127 / f) Case on the Crimes of Abortion / KOR-2020-2-005 a) Korea / b) Constitutional Court / c) / d) 30.05.2019 / e) 2018Hun-Ka12 / f) Case on punishing door-to-door visitors in an Election Campaign "during the Period Provided for by the Articles of Incorporation of Community Credit Cooperatives" / KOR-2020-2-006 a) Korea / b) Constitutional Court / c) / d) 27.12.2019 / e) 2017Hun-Ma1366, 2018Hun-Ma1072 (consolidated) / f) Case on Public Notice on Minimum Wage for 2018 and 2019 /
KOS-2020-2-002 a) Kosovo / b) Constitutional Court / c) Assembly / d) 05.05.2020 / e) KO 61/20 / f) Constitutional review of Decision no. 214/IV/2020 of 12 April 2020 of the Ministry of Health on declaring the Municipality of Prizren "quarantine zone" and of Decisions nos. 229/IV/2020, 238/IV/2020, 239/IV/2020 of 14 April 2020 of the Ministry of Health on preventing, fighting and eliminating the infectious disease COVID-19 in the territory of the municipalities of Prizren, Dragash and Istog / KOS-2020-2-003 a) Kosovo / b) Constitutional Court / c) Assembly / d) 01.06.2020 / e) KO 72/20 / f) Constitutional review of Decree no. 24/2020 of the President /
LIE-2020-2-002 a) Liechtenstein / b) Constitutional Court / c) / d) 29.06.2020 / e) StGH 2020/028 / f) /
LTU-2020-2-005 a) Lithuania / b) Constitutional Court / c) / d) 05.06.2020 / e) KT103-N7/2020 / f) On the limitation on the right to acquire and possess weapons and their ammunition / LTU-2020-2-006 a) Lithuania / b) Constitutional Court / c) / d) 12.06.2020 / e) KT105-N8/2020 / f) On the limits of an investigation entrusted to an ad hoc investigation commission of the Seimas / LTU-2020-2-007 a) Lithuania / b) Constitutional Court / c) / d) 24.07.2020 / e) KT133-N10/2020 / f) On restoring, after 10 years at the earliest, the right to drive to individuals who have repeatedly driven under the influence of alcohol or drugs or who have systematically violated traffic rules /
MEX-2020-2-014 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 20.03.2018 / e) SUP-REC-84-2018 / f) / MEX-2020-2-015 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 28.03.2018 / e) SUP-JDC-139-18/ f) / f) / MEX-2020-2-016 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 28.03.2018 / e) SUP-REP-62-2018 / f) / MEX-2020-2-017 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 09.04.2018 / e) SUP-JDC-161-2018 / f) / MEX-2020-2-018 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 25.04.2018 / e) SUP-RAP-15-2018 / f) / MEX-2020-2-019 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 25.04.2018 / e) SUP-REP-87-2018 / f) / MEX-2020-2-020 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 25.04.2018 / e) SUP-JRC-222-2018 / f) / MEX-2020-2-021 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 02.05.2018 / e) SUP-JDC-32-2018 / f) / MEX-2020-2-022 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 11.05.2018 / e) SUP-JDC-226-2018 / f) /
MDA-2020-2-001 a) Moldova / b) Constitutional Court / c) Plenary / d) 07.05.2020 / e) 12 / f) On the constitutional review of the Agreement between the Government of the Republic of Moldova and the Government of the Russian Federation on granting a state financial loan to the Government of the Republic of Moldova, signed on 17 April 2020, of Government Decisions no. 169 of 13 March 2020 and no. 252 of 21 April 2020 and of Law no. 57 of 23 April 2020 / MDA-2020-2-003 a) Moldova / b) Constitutional Court / c) Plenary / d) 09.06.2020 / e) 16 / f) On the constitutional review of certain provisions of Article 70.3 and 70.13 of Insolvency Law no. 149 of 29 June 2012 (payment of a fixed fee to the administrator/liquidator and reimbursement of the related expenses jointly transferred under the obligation of the governing bodies of the debtor) / MDA-2020-2-004 a) Moldova / b) Constitutional Court / c) Plenary / d) 23.06.2020 / e) 17 / f) On the constitutional review of certain provisions of Law no. 212 from 24 June 2004 on the state of emergency, siege and war and of certain provisions of Parliamentary Decision no. 55 from 17 March 2020 on declaring the state of emergency / MDA-2020-2-005 a) Moldova / b) Constitutional Court / c) Plenary / d) 23.06.2020 / e) 18 / f) On the constitutional review of Article 76 MDA-2020-2-006 a) Moldova / b) Constitutional Court / c) Plenary / d) 04.08.2020 / e) 21 / f) On the constitutional review of Article 84 of Insolvency Law no. 149 of 29 June 2012 (prohibition on leaving the country or place of residence in insolvency proceedings) / MDA-2020-2-007 a) Moldova / b) Constitutional Court / c) Plenary / d) 06.08.2020 / e) 22 / f) On the alleged unconstitutionality of certain provisions of Article 226
MNE-2020-2-001 a) Montenegro / b) Constitutional Court / c) / d) 23.07.2020 / e) U-III no. 22/20 / f) /
NOR-2020-2-007 a) Norway / b) Supreme Court / c) Division / d) 26.06.2020 / e) HR-2020-1340-A / f) / NOR-2020-2-008 a) Norway / b) Supreme Court / c) Division / d) 15.09.2020 / e) HR-2020-1788-A / f) / ORGANISATION OF AMERICAN STATES
IAC-2020-2-001 a) Organisation of American States / b) Inter-American Court of Human Rights / c) / d) 27.07.2020 / e) / f) Vélez Loor v. Panama /
MKD-2020-2-002 a) Republic of North Macedonia / b) Constitutional Court / c) / d) 12.05.2020 / e) U.br.94/2019 / f) /
ROM-2020-2-001 a) Romania / b) Constitutional Court / c) / d) 06.05.2020 / e) 152/2020 / f) Exception of unconstitutionality of the provisions of Article 9, 14.c
RUS-2020-2-004 a) Russia / b) Constitutional Court / c) / d) 04.06.2020 / e) 27 / f) / RUS-2020-2-005 a) Russia / b) Constitutional Court / c) / d) 26.06.2020 / e) 30 / f) /
SRB-2020-2-002 a) Serbia / b) Constitutional Court / c) / d) 21.05.2020 / e) IUo-42/2020 / f) /
SVK-2020-2-001 a) Slovakia / b) Constitutional Court / c) Plenum / d) 13.05.2020 / e) PL. ÚS 13/2020 / f) /
SUI-2020-2-004 a) Suisse / b) Federal Court / c) Second Public Law Chamber / d) 22.08.2019 / e) 2C_1005/2018 / f) A.A. v. Department for Compulsory Education and Department for Public Education of the canton of Basel City /
SWE-2020-2-005 a) Sweden / b) Supreme Court / c) / d) 23.01.2020 / e) T 853-18 / f) The "Girjas" case / SWE-2020-2-006 a) Sweden / b) Supreme Court / c) / d) 27.02.2020 / e) 5731-18 / f) / SWE-2020-2-007 a) Sweden / b) Supreme Court / c) / d) 08.04.2020 / e) 6598-19 / f) / SWE-2020-2-008 a) Sweden / b) Supreme Court / c) / d) 08.04.2020 / e) 4223-19 / f) / SWE-2020-2-009 a) Sweden / b) Supreme Administrative Court / c) / d) 14.05.2020 / e) 6422-18 / f) /
TUR-2020-2-001 a) Turkey / b) Constitutional Court / c) First Section / d) 02.06.2020 / e) 2016/14347 / f) Y. K. / TUR-2020-2-002 a) Turkey / b) Constitutional Court / c) First Section / d) 08.07.2020 / e) 2017/24356 / f) Murat Haliç / TUR-2020-2-003 a) Turkey / b) Constitutional Court / c) Plenary / d) 27.07.2020 / e) 2018/37392 / f) M. B. /
UKR-2020-2-007 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 11.06.2020 / e) 7-r/2020 / f) Conformity of Article 375 of the Criminal Code with the Constitution / UKR-2020-2-008 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 17.06.2020 / e) 4-r(II)/2020 / f) Compliance of certain provisions of Articles 307.3 and 309.3 of the Criminal Procedure Code with the Constitution / UKR-2020-2-009 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 18.06.2020 / e) 5-r(II)/2020 / f) Compliance of the provision of paragraph 5 of Section III "Final Provisions" of the Law on Introducing Amendments to Certain Legislative Acts of Ukraine on Pension Provision, 2 March 2015, no. 213–VIII, with the Constitution / UKR-2020-2-010 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 24.06.2020 / e) 6-r(II)/2020 / f) Compliance of the provisions of Article 79.1 of the Law on "Banks and Banking" with the Constitution / UKR-2020-2-011 a) Ukraine / b) Constitutional Court / c) First Senate / d) 01.07.2020 / e) 7-r(I)/2020 / f) Conformity with the Constitution of Article 88.1 of the Law on Notary / UKR-2020-2-012 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 14.07.2020 / e) 8-r/2020 / f) Conformity of the provisions of Article 23.1 and 23.2 of the Law on "Mortgage" with the Constitution / UKR-2020-2-013 a) Ukraine / b) Constitutional Court / c) First Senate / d) 22.07.2020 / e) 8-r(I)/2020 / f) Compliance of paragraph 8 of Article 11.5 of the Law on Management of State Property with the Constitution / UKR-2020-2-014 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 28.08.2020 / e) 9-r/2020 / f) Constitutionality of the Decree of the President on the appointment of Artem Sytnyk as the Director of the National Anti-Corruption Bureau) / UKR-2020-2-015 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 28.08.2020 / e) 10-r/2020 / f) Constitutionality of certain provisions of the Resolution of the Cabinet of Ministers on the Establishment of quarantine to prevent the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2 in Ukraine and the stages of mitigation of anti-epidemic measures, the provisions of Article 29.1 and 29.3 of the Law on the State Budget for 2020, paragraph 2.9 of Section II Final Provisions of the Law on Amendments to the Law on the State Budget for 2020) /
Ed. 10.02.2021 18:51:58
Legislation has been enacted which introduces modern information and communication technologies to legal proceedings, determines the procedural deadlines for filing comments on audio or video recordings of the court session and the court records and for the consideration of such comments by the courts. Providing parties to the proceedings with the opportunity to state their position regarding the... Read more
3.13
General Principles - Legality.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Recording, audio, video, court session, rights.
Certain legislative amendments to the Law on Arbitration Courts have been introduced. There is scope for uncertainty as to whether a particular dispute may be referred to arbitration, along with an ambiguous understanding of the legal regulations and their non-uniform application. In order to ensure the constitutional principle of the rule of law and the balance of private and public interests,... Read more
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
4.7.14
Institutions - Judicial bodies - Arbitration.
Disputes, arbitration, referral, possibility / Work, arbitrators.
In a democratic State governed by the rule of law, it is of fundamental importance that courts and tribunals command the trust of the public and the parties in a trial. To this end, Article 6.1 ECHR requires courts to which this provision relates to be impartial. The possibility of holding the office of substitute judge at the same time as exercising the profession of lawyer is subject to... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
4.7.4.1.1
Institutions - Judicial bodies - Organisation - Members - Qualifications.
4.7.4.1.6.1
Institutions - Judicial bodies - Organisation - Members - Status - Incompatibilities.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Judge, impartiality / Judge, substitute / Judge, qualifications / Impartiality, objective.
The fact that the public prosecutor may determine – within the limits of the legislation at issue – individual cases in which he makes a commitment, does not authorise him to disregard the principle of equality and non-discrimination or to decide arbitrarily which persons are eligible for the crown witness programme. The prohibition of arbitrariness falls within the safeguards of the rule of law.... Read more
3.9
General Principles - Rule of law.
3.22
General Principles - Prohibition of arbitrariness.
4.7.4.3.1
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.20
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle.
State witness, commitment / Public prosecutor, role / Investigating judge, role / Rule of law, prohibition of arbitrariness / Effective remedy / Adversarial principle.
The law making it a criminal offence for the accused to refuse to provide an investigating judge with information relating to the functioning of a computer system or with the means to access data relevant to the criminal investigation which it may contain is not inconsistent either with the right not to incriminate oneself, provided for by Article 6 ECHR, or with the right to respect for private... Read more
5.3.13.23.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Criminal investigation / Digital information / Accused, right.
Authorising a prosecutor to order a person who has unlawfully set up home in another person’s property to vacate that property within eight days of the judge’s eviction order being displayed on that property is incompatible with the right to respect for one’s home and the right to an independent and impartial tribunal.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
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.
Squatter, eviction.
The Constitution, in conjunction with certain provisions of international law, guarantees the right to strike, but that right is not absolute. To ensure the continuity of passenger rail transport services, the legislature may lay down a minimum strike notice period of eight working days, may require certain workers to confirm their participation in a strike at least 72 hours before the start of... Read more
2.1.1.4
Sources - Categories - Written rules - International instruments.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
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.
Right of collective bargaining, right to collective action / Strike, continuity of services / Public transport, strike, restriction.
The law authorising public higher education institutions to issue regulations banning their students from wearing clothes or other items which reflect opinions or religious affiliation is not incompatible with either the freedom of religion enshrined in Article 9 ECHR or with the right to education enshrined in Article 2 Protocol 1 ECHR.
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.
Education, neutrality / Higher education, access / Education, religious symbol, wearing / Headscarf, wearing, ban.
Selling an entire property in the course of enforcement proceedings, including shares owned by other co-owners who are not enforcement debtors, without their consent, in order to settle the debt of one co-owner does not meet the proportionality standard. It places an excessive burden on other co-owners by comparison to the co-owner/enforcement debtor; it is solely because of his or her debt that... Read more
3.16
General Principles - Proportionality.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Co-ownership / Debt, enforcement / Debtor, property, third parties.
1.1.4.2
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies.
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
Administration, efficiency / COVID-19 / Provisional measure / Provisional measure, nature / Parliament, ability to function, protection / Parliament, act / Parliament, action, internal / Parliament, commission, functioning / Parliament, committee, competences / Parliament, power, restriction / Parliament, Senate, regulation / Parliamentary democracy, principle / Parliamentary rule, legal force.
A law that increases the number of people that receive social assistance benefits has a budgetary and financial impact. The national emergency period concerning the novel Coronavirus disease (COVID-19) is no sufficient reason for the law not to indicate the source of full funding of the increased number of beneficiaries, especially since it proposes a permanent increase which will have to be paid... Read more
4.4.3.4
Institutions - Head of State - Powers - Promulgation of laws.
4.6.10.2
Institutions - Executive bodies - Liability - Political responsibility.
4.7.16.1
Institutions - Judicial bodies - Liability - Liability of the State.
4.10.2
Institutions - Public finances - Budget.
5.1.1.4.2
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Benefit, governmental / Budgetary balance, principle / Budget, control, state / COVID-19 / Disability, persons, rights / Disabled person, benefit, right / Disabled person, social assistance / Disabled person, social assistance, entitlement / Disabled person, social assistance, entitlement, conditions / Disabled person, welfare benefit, urgent need / Disease, infectious / Elderly person / Health, effective protection / Health, public health, public interest / Health protection, system / Health situation, worsening / Responsibility, authority / Responsibility, constitutional / Social assistance, entitlement, condition / Social assistance, payment, source / Social benefits and assistance, amount / Social welfare / Financial control / Financial mean, principle.
The sharing of data by telecommunication companies with the Brazilian Institute of Geography and Statistics Foundation, with the aim of supporting the production of official statistics during the public health emergency period due to coronavirus (COVID-19) violates the right to private life and to the protection of personal data.
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.36.2
Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications.
COVID-19 / Data, access, public interest / Data, personal, protection / Data, use, purpose limitation, principle / Data protection, unnecessary personal data, information concerning health Disease, infectious / Information, access, limit / Information, access, denial / Information, access, reasonable / Information, disclosure / Information, duty to provide / Information, obligation to provide / Information, right / Personal privacy, right / Provisional measure / Telephones, cell.
According to the Constitution (Article 5.XXV), unless the state of defence or state of siege is declared and in force, the Union shall only take private properties. Thus, the federal government has no power to request ventilators bought by a state-member.
1.6.8
Constitutional Justice - Effects - Influence on everyday life.
3.6.2
General Principles - Structure of the State - Regional State.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19 / Disease, infectious / Dispute, competence, central government, local government / Division of powers / Executive, power, competences, scope / Fundamental right, protection / Health, protection, effective / Health, public health, public interest / Responsibility, authority / Responsibility, constitutional / State, duty, protection of life and safety.
The amount Petrobras agreed to pay in penalties in the context of a non-prosecution agreement is extra-budget and the Court may reallocate it to the states to fund actions aimed at combating the COVID-19 virus. Such authorisation is justified by the pressing need that threatens the life and physical integrity of the population and complies with the public interest, as it is indispensable to... Read more
3.6.2
General Principles - Structure of the State - Regional State.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
4.8.7.2
Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Arrangements for distributing the financial resources of the State.
4.18
Institutions - State of emergency and emergency powers.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19 / International agreements, priority / International agreement, validity, evaluation / Agreement, international, applicability / Agreement, international, binding force / Administration, efficiency / Administration, flexibility / Administration, morality, principle / Evaluation, legally significant facts / Health care, public service / Health care, right / Deposit, amount, socially oriented / Deviation of power / Disease, infectious / Education, State, duty / Emergency, assistance / Emergency, ongoing / Forest, protection / Deposit Insurance Fund / Jurisdiction, exclusive competence / Capital washing / Education program, government, financial assistance / Project, state importance / Health protection, system / Appeal, financial, adequate / Judicial review, administrative decision / Health, protection, program, Government / Health, public health, public interest / Health system, direct assistance / Health situation, worsening.
The states and the Federal District enjoy concurrent power, whereas municipalities enjoy supplementary power within their respective territories to adopt restrictive measures during the pandemic. Therefore, complying with federalism and its constitutional rules on distribution of powers implies respecting the decisions of governors and mayors regarding social distancing and quarantine, suspension... Read more
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
3.6.2
General Principles - Structure of the State - Regional State.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
4.18
Institutions - State of emergency and emergency powers.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Administration, efficiency / COVID-19 / Disease, infectious / Emergency, assistance / Emergency, ongoing / Health care, public office / Health care, right / Health protection, system / Health, protection, programme, governmental / Health, public health, public interest / Health situation, worsening / Health system, direct assistance / Sovereignty, equal, between federal states / State authorities, conflict / State authorities, distribution of power / State, duty to protect fundamental rights and freedoms / State, duty to protect life.
The requests to disregard the requirements of the Act on Fiscal Responsibility and of the Budget Directives Law, because of the need to increase unforeseen and necessary expenditure to combat COVID-19, became moot by the enactment of a new Constitutional Amendment that deals with the same subject.
4.6.3
Institutions - Executive bodies - Application of laws.
4.8.7
Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects.
4.10.2
Institutions - Public finances - Budget.
4.10.7
Institutions - Public finances - Taxation.
COVID-19 / Budget Act / Budget, control, state / Budget Law / Budget, law, amendment / Budget, supplementary / Economic and financial crisis / Economic and financial situation, extremely difficult / Economic policy, measure / Economic situation, adjustment / Economy, transition period / Emergency measure / Emergency, state, rule of law / Executive power, accountability / Executive power, Federal President, integrative task of the office / Expenditure, exceptional / Expenditure, not provided for by law / Funds, sickness / Government act, legitimate purpose / Government, authorisation / Government, emergency decree, exceptional circumstances, interpretation / Government, emergency order / Government purpose, legitimate / State, responsibility / State, social guarantee.
The established deadlines for the municipal elections that will take place in October this year shall remain in force, despite the state of pandemic caused by COVID-19; the opposite would breach the democratic principle and popular sovereignty.
1.3.4.6
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of referendums and other instruments of direct democracy .
4.9.7.2
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates.
COVID-19 / Dismissal, obligatory period / Disease, infectious / Election to Parliament, law / Election, association / Election, candidacy, presentation by political party, requirement / Election, candidate list, holder, status / Election, candidate, procedure registration / Election, Electoral Code, Constitution / Election, electoral list, quota, sex / Election, municipality / Election, party, candidates, list, gender, balance / Election, residency period, requirement / Parliament, member, incompatibility, other activity / Public office, plurality, incompatibility.
An act issued by the president of the Republic that disaccredits Venezuelan diplomats is valid, since it falls within his private and non-delegable competence. However, the 48-hour deadline given to the diplomats to leave the national territory is not reasonable considering the current situation of the COVID-19 pandemic as it puts at risk their life, in addition to their physical and... Read more
2.1.1.4.19
Sources - Categories - Written rules - International instruments - International conventions regulating diplomatic and consular relations.
4.4.3.5
Institutions - Head of State - Powers - International relations.
4.16
Institutions - International relations.
Ambassador / Diplomat / Diplomat, Accreditation / Diplomatic Relations, Establishment / Expulsion / President, Powers / President, Power, Delegation / President, Powers, Delegation / President, Individual Law, Control / Judicial Review of other State Powers / COVID-19 / COVID-19, pandemic / COVID-19, Public health / Vienna Convention on Consular Relations, effectiveness.
Authorities must observe technical and scientific criteria of medical and sanitary entities when carrying out their actions during the COVID-19 pandemic. Their actions are subject to the principle of prevention and of precaution. This means that if there is any doubt as to the effects of any measure, authorities should not apply it; self-restraint must guide the Administration.
4.6.10.1.2
Institutions - Executive bodies - Liability - Legal liability - Civil liability.
4.6.10.1.3
Institutions - Executive bodies - Liability - Legal liability - Criminal liability.
COVID-19 / Civil servant, authority, misuse / Civil servant, disciplinary procedure / Civil servant, duties under terms of service / Civil servant, measure, disciplinary / Civil servant, negligence, damage caused, personal liability / Civil servant, rights and obligations / Legal act, failure to observe, liability, administrative, criminal / Liability for negligence / Public servant, integrity / Liability, civil servant / Liability, state, civil / Liability, state, pecuniary / Liability, State, qualified fault / Provisional measure.
The severity of the emergency caused by the COVID-19 pandemic requires effective public health protection from Brazilian authorities. Disastrous consequences for the population may arise if there is no transparency and disclosure in the collection, analysis, storage and dissemination of epidemiological data, which must provide planning guidance to public authorities on policy-making, in addition... Read more
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.25
Fundamental Rights - Civil and political rights - Right to administrative transparency.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Administration, efficiency / COVID-19 / Data, access, public interest / Data, correction, right / Disease, infectious / Health, public health, public interest / Health care, public office / Health care, right / Health protection, system / Health situation, worsening / Health system, direct assistance / Information, access, denial / Information, access, reasonable / Information, accuracy / Information, disclosure / Information, disclosure by the federal government / Information, obligation to provide / Information, right / Responsibility, authority / Responsibility, constitutional / Transparency, administrative / Transparency, principle / Transparency, public administration.
Section 23 of the Canadian Charter of Rights and Freedoms elevates the right to instruction in one of Canada’s official languages to constitutional status. It has a remedial purpose related to promoting the development of official language minority communities and changing the status quo. It gives an official language minority the right to instruction that is equivalent in quality to the... Read more
5.1.1
Fundamental Rights - General questions - Entitlement to rights.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
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.
Education in minority language, right / Education, quality of instruction in minority language / Provincial funding of minority language education system / Official minority language educational rights, violation, remedies, damages / School, minority language, location.
To determine whether a law falls within the authority of the federal Parliament or a provincial legislature, a court must first characterise the law and then, based on that characterisation, classify the law by reference to the federal and provincial heads of power under the Constitution Act, 1867 (Sections 91 and 92). Section 91.27 of the Constitution gives Parliament the exclusive authority to... Read more
3.4
General Principles - Separation of powers.
Criminal law power, competence, prohibition, genetic test, / Genetic testing, prohibition.
A provincial government’s response to a judicial compensation commission’s recommendations for provincial judges’ salaries is subject to a limited form of judicial review. The rules of evidence and production for this review must be applied in a manner that reflects the unique features of the review, and respects both the constitutional principle of judicial independence from the executive branch... Read more
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
4.7.4.6
Institutions - Judicial bodies - Organisation - Budget.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
Judge, remuneration, change / Judge, provincial court, remuneration / Executive, confidential decision making, judicial review / Executive, confidential document, disclosure.
A government’s response to a judicial compensation commission’s recommendations for provincial judges’ salaries is subject to a limited form of judicial review. The rules of evidence and production for this review must be applied in a manner that reflects the unique features of the review, and respects both the constitutional principle of judicial independence from the executive branch of... Read more
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
4.7.4.6
Institutions - Judicial bodies - Organisation - Budget.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
Judge, remuneration, change / Judge, provincial court, remuneration / Executive, confidential decision making, judicial review / Executive, confidential document, disclosure.
The right to gender parity in steering and deliberative bodies is a justiciable right under the Political Constitution. Affirmative action can be taken against public and private bodies to compel compliance with gender equality rules.
The principle of equality, which is enshrined in the Constitution and in International Law can be implemented by the State through the institution of systems of... Read more
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.8.8.2.4
Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation - Distribution
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.3
Fundamental Rights - Equality - Affirmative action.
5.3.29
Fundamental Rights - Civil and political rights - Right to participate in public affairs.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
Municipal committees, alteration, diversity / Composition, gender.
The measure of pre-trial detention is the most serious form of limitation of one of the fundamental human rights, the guarantee of the inviolability of personal liberty. Criminal justice authorities are under no obligation to conduct every single action unconditionally, even in urgent cases; this depends on the objective circumstances they must assess. If they establish the existence of... Read more
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
COVID 19 / Detention order, extension, reason / Expediency, requirement / Hearing, postponement, infectious disease (COVID-19,) pandemic.
The right to healthcare in conformity with the law is explicitly guaranteed by Article 58 of the Constitution. All healthcare institutions are therefore under an obligation to pay particular attention to the protection of people’s health. Health protection, as a fundamental human right, implies all forms of the provision of medical assistance with the aim of achieving a person’s health. The... Read more
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Damage, compensation / Medical malpractice / Medical treatment, evidence / Patient.
From the perspective of Article 16 of the Constitution, it is not constitutionally and legally unacceptable to exclude the possibility of citizens who have been diagnosed with SARS-CoV-2 (COVID 19) or any other infectious disease, and are thus in isolation, and citizens who are in self-isolation due to the suspicion that they have an infectious disease, to come in person to a polling... Read more
3.16
General Principles - Proportionality.
4.9.9.6
Institutions - Elections and instruments of direct democracy - Voting procedures - Casting of votes.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
COVID 19 / Election, vote, citizen, COVID-19, diagnosis / Election, vote, outside polling station.
The right to judicial protection (Article 36.1 of the Charter of Fundamental Rights and Freedoms) in conjunction with the nature of the right not to be tortured or subjected to cruel, inhuman or degrading treatment or punishment (Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms) might require courts to break the consequences of the concentration mechanism,... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
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.
3.17
General Principles - Weighing of interests.
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.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Administrative decision, judicial review / Rights, fundamental / Rights, fundamental, protection, administrative proceedings / Due process, substantive, principle / Rights, judicial protection / Right to court, scope / Fundamental right, interpretation, more favourable to effectiveness / Fundamental right, protection, effectiveness / Constitutional right, violation, remedy / Treatment or punishment, cruel and unusual / Foreigner.
When it comes to licensing, registration, its rules, publishing, dissemination, etc., Internet news reporting and the press are different in terms of media law. However, they have in common that they may be carriers of information that may damage an individual’s dignity, honour, good standing, and reputation. What matters, then, is not what kind of media carrier interferes with fundamental rights... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.3.4
Sources - Techniques of review - Interpretation by analogy.
3.17
General Principles - Weighing of interests.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
Rights, Fundamental / Honour and dignity, defence / Personality, right to protection / Mass media / Media, defamation / Media, right to reply / Media, accurate information / Media, press law, violation, definition / Media, newspaper, Publisher / Media, press, in a wider sense / Media, press, act.
The concept of ‘detention’, which has the same meaning in the context of the various directives cited above, refers to a coercive measure which presupposes the deprivation, and not a mere restriction, of the freedom of movement of the person concerned and isolates that person from the rest of the population, by requiring him or her to remain at all times within a limited and closed area.
As... Read more
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.5.1.2
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
National, third-country / Detention, administrative / Detention, conditions, international zone.
EU law currently stands, insurance covering the civil liability of manufacturers of medical devices with respect to harm linked to those devices is not the subject of regulation by EU law.
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.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
Discrimination, nationality / European Union law, application / Insurance, couverture / Assurance, liability.
Examining magistrates called upon to adjudicate on the detention of a third-country national without a legal right of residence fall within the concept of ‘other authorities’ and are likely to receive applications for international protection, even though they are not competent, under national law, to register such applications. On that basis, examining magistrates are required to inform the... 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.
Third-country national / Asylum seeker protection international / Refugee rights adequate accommodation / Detention / Asylum application / Asylum request assessment.
The rules on non-contractual liability of a Member State for damage caused by a breach of EU law applies, on the ground that that Member State did not transpose a Directive, within the appropriate time. A fixed rate of compensation granted to victims of sexual violence under the national scheme on compensation of victims of violent intentional crime cannot be classified as ‘fair and appropriate’,... Read more
4.5.9
Institutions - Legislative bodies - Liability.
4.17.2
Institutions - European Union - Distribution of powers between the EU and member states.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Liability, State, condition / Compensation, right / Compensation for damages, limitation.
The transfer of personal data to a third country may, in principle, take place only if the third country in question ensures an adequate level of data protection. In the absence of an adequacy decision by the Commission, such a transfer may take place only if the personal data exporter established in the European Union has provided appropriate safeguards, which may arise, in particular, from... Read more
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Protection, personal data / Transfer of data, third-countries.
In its examination of the law extending the public health state of emergency, the Constitutional Council found that the French Constitution did not rule out the possibility of the legislature making provision for such a system. However, here it had to reconcile protection of public health, as an objective of constitutional value, with respect for the rights and freedoms granted to everyone living... Read more
1.2.1.1
Constitutional Justice - Types of claim - Claim by a public body - Head of State.
1.2.1.2
Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.
3.16
General Principles - Proportionality.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Covid-19 / Public health emergency / Personal data, collection.
The Constitutional Council held that the legislature could change the dates of municipal elections in progress provided that this change was warranted on overriding grounds of public interest and that the measures adopted did not result in any infringement of the right to vote, the principle of genuine elections or the principle of equal suffrage. In the present case it upheld the postponement of... Read more
3.18
General Principles - General interest.
4.9
Institutions - Elections and instruments of direct democracy.
4.9.13
Institutions - Elections and instruments of direct democracy - Judicial control.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.3.41.6
Fundamental Rights - Civil and political rights - Electoral rights - Frequency and regularity of elections.
Covid-19 / Election, fairness, equal suffrage / Public health emergency.
The Constitutional Council confirmed that the legislature was entitled to introduce provisions designed to stop abuses of freedom of expression and communication that undermined public order and interfered with other people’s rights. It held that publishing of child pornography images on the one hand, and incitement to commit acts of terrorism or seeking to vindicate such acts on the other,... Read more
1.2.1.2
Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
3.16
General Principles - Proportionality.
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.
Internet, social media, violence, illegal content / Web host, civil and criminal liability, exemption from liability / Public order, disturbance.
Given the requirements of Article 66 of the French Constitution, the legislature could not allow restraint or seclusion in psychiatric care beyond a certain period without court supervision.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.6.5.5
Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect.
3.16
General Principles - Proportionality.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.5.1.2
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
Seclusion, psychiatric care / Involuntary hospitalisation / Court supervision.
The Constitutional Council reiterated that the goal of terrorism prevention formed part of preventing breaches of public order, which was an objective of constitutional value; the legislature was therefore entitled, under certain conditions, to provide for preventive security measures based on the particularly dangerous nature of the perpetrator of a terrorist act and designed to pre-empt a... Read more
1.2.1.2
Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
3.16
General Principles - Proportionality.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Public order, disturbance / Convicted prisoner, release / Preventive measures / Sentence, necessity, principle.
When administrative courts assess an application for refugee status that is based on a fear of religious persecution, they must ascertain beyond doubt that pursuing a specific religious practice, which would lead to persecution in the applicant’s country of origin, is of central importance to the applicant’s religious identity. Such a review does not violate the right of self-determination... Read more
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Refugee status, recognition, religious conversion / Refugee, status, religious persecution / Faith, assessment, courts.
The right to one’s lawful judge may be violated by the failure to refer a matter to the Federal Constitutional Court under Article 100.2 of the Basic Law. Where the Federal Court of Justice merely applies the general rules of international law, there is no need to make such a referral.
In principle, sovereign acts of a state are not subject to the jurisdiction of foreign courts. The rescheduling... Read more
2.1.2.2
Sources - Categories - Unwritten rules - General principles of law.
3.1
General Principles - Sovereignty.
4.16
Institutions - International relations.
Customary international law, general principle / Government bonds, foreign, default / Immunity, act, sovereign / Jurisdiction, immunity / Public international law and foreign relations / Sovereignty, interference with.
1. Under Article 1.3 of the Basic Law, German state authority is bound by fundamental rights; this is not restricted to German territory.
The protection afforded by individual fundamental rights within Germany can differ from that afforded abroad.
In any event, Article 10.1 and the second sentence of Article 5.1 of the Basic Law, which, in their dimension as rights against state interference,... Read more
4.11.3
Institutions - Armed forces, police forces and secret services - Secret services.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.36
Fundamental Rights - Civil and political rights - Inviolability of communications.
Surveillance, telecommunications, foreign / Surveillance, strategic.
A derogatory statement only qualifies as criminal insult amounting to a punishable offence if, in the specific situation, the personal honour of the person at whom the statement is directed is of greater weight than the freedom of expression of the person making the statement.
Criminal courts must balance the conflicting interests. The balancing must take account of various circumstances, such... Read more
3.17
General Principles - Weighing of interests.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21
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.
Insult, criminal liability / Derogatory statements, criminal conviction / Personality, right of.
When applying provisions on citizenship that rely on descent to determine an individual’s familial relationships, decisions on values enshrined in the Basic Law must be observed; namely those in which the Constitution sets out and defines gender relations and relationships within families as well as their relation to the state.
The fundamental decisions on values enshrined in the Constitution... Read more
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.12
Fundamental Rights - Equality - Criteria of distinction - Civil status.
Citizenship, acquisition, jus sanguinis / Citizenship, restoration / Discrimination, parentage / Discrimination, children born outside marriage.
1. Pension sharing following divorce can be unconstitutional where the share of the person obligated to transfer their share is reduced and this reduction is not reflected in an independent share obtained by the person entitled to receive it. Transfer losses due to an external division may miss the purpose pursued by the reduction of the share and thus be unconstitutional.
2. In addition to the... Read more
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Pension rights, division, divorce / Workplace pensions.
1. When establishing a procedure for obtaining information on the basis of its legislative competences, the respective legislator must create statutory bases that are proportionate as such, both for data transfer and requests for data access.
Provisions governing the transfer of and requests for access to subscriber data must sufficiently limit the purposes for which the data may be used,... Read more
3.17
General Principles - Weighing of interests.
5.3.36.2
Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications.
5.3.36.3
Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications.
Informational self-determination, right / Internet, anonymity, right / IP address / Subscriber data, storage.
The equal participation of parties, to the extent that this is possible, in political competition is indispensable in order to ensure an open formation of the political will as is required under constitutional law. Not only does Article 21.1 of the Basic Law guarantee that political parties may be freely established and have the opportunity to participate in the formation of the political will,... Read more
4.6.10.2
Institutions - Executive bodies - Liability - Political responsibility.
Political parties, equal participation, right / Government members, neutrality, principle / Government members, political statements / Political competition, equal opportunities.
Under the second sentence of Article 38.1 of the Basic Law, members of the Bundestag have the right to use the rooms allocated to them without being disturbed by others.
Any interferences with Article 38.1 of the Basic Law must satisfy the general requirements of proportionality; these requirements also apply to police action authorised by the President of the Bundestag against a... Read more
4.5.11
Institutions - Legislative bodies - Status of members of legislative bodies.
Parliament, member, freedom to exercise office / Parliament, member, office, police intrusion.
By banning the use of temporary workers as strike-breakers, the legislator pursues aims that are of such great weight that, in principle, they can serve to justify severe limitations to fundamental rights. This applies to the aim of ensuring socially adequate employment conditions for temporary workers and to the aim of ensuring that free collective bargaining, guaranteed as a fundamental right,... Read more
3.17
General Principles - Weighing of interests.
5.4.11
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
Free collective bargaining / Labour law / State, neutrality / Strike, strike-breakers, ban.
1. Subject to certain conditions, Article 14.1 of the Basic Law protects the legitimate expectation that the law that forms the basis for property investments will not change. However, this requires a legal position capable of creating property rights.
2. A transitional legal framework may be required under Article 12.1 of the Basic Law if pursuing an occupation that has previously been... Read more
3.10
General Principles - Certainty of the law.
5.3.38.2
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Civil law.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Legitimate expectation, protection / Offshore wind energy / Offshore wind farm, establishment / Retroactive effect, quasi.
The Basic Law contains no general anti-Nazi principle that would permit a ban on the dissemination of right-wing extremist or even Nazi ideas merely on the basis of the beliefs and opinions thus expressed. Rather, Article 5.1 and 5.2 of the Basic Law guarantees the freedom of opinion as freedom of thought, regardless of whether the content of an opinion is correct or dangerous.
Restrictions of... Read more
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Political party, racist / Extremism, right-wing.
Balancing fundamental rights against each other is primarily the task of the ordinary courts. It is not for the Federal Constitutional Court to tell the ordinary courts which conclusion they must draw. The Federal Constitutional Court only reviews whether the decisions by the ordinary courts are based on a fundamentally false understanding of the fundamental rights affected in a given... Read more
1.3.5.12
Constitutional Justice - Jurisdiction - The subject of review - Court decisions.
3.17
General Principles - Weighing of interests.
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.
5.4.11
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
Collective bargaining, right / Free collective bargaining / Freedom of action, business / Freedom of labour coalitions, negative / Strike, location.
Effective judicial remedy must be granted in every case when a request for information of public interest has been denied.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
Denial, request for information, private entity.
Courts may not dispense with the application of Hungarian law, provided that this course of action does not affect the law of the European Union.
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.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Land, right of use / Expired rights, restoration / Retroactive effect.
Statements made with the intent to obstruct or prevent the effectiveness of protective measures under the special legal order will only be penalised if the perpetrator knew, or should have known, that they were false at the time he or she made them.
3.12
General Principles - Clarity and precision of legal provisions.
4.18
Institutions - State of emergency and emergency powers.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
COVID-19, special legal order.
A reference to the Court of Justice of the EU was required to be made under Article 267 TFEU in relation to matters of Union law regarding the retention of telephony data by service providers and its disclosure to investigating and prosecuting authorities.
1.3.5.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
3.12
General Principles - Clarity and precision of legal provisions.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Court of Justice of the European Union, decisions, effect / Personal data, admissibility, criminal trial / Personal data, police force, access / Personal data, retention / Temporal effect, declaration of invalidity.
Habeas corpus inquiry pursuant to Article 40.4.2 of the Irish Constitution is limited solely to the question of whether the detention of the applicant is in accordance with law and cannot be dismissed on the grounds that the application constitutes an abuse of process.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
5.3.13.1.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings.
5.3.13.3.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts -
Abuse of process / Constitutional proceedings, abuse of process / Constitutional remedy, abuse of process / Ex parte application, duty of candour / Ex parte application, duty of utmost good faith / Habeas corpus, abuse of process / Detention, legality.
Children serving sentences of detention are not entitled to be treated in same manner as adult prisoners in respect of the rules regarding remission of sentences, on the basis of the equality guarantee contained in Article 40.1 of the Irish Constitution.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.3.5.1.4
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release.
Detainees, equality of treatment / Detainees, distinction between adults and children / Detainees, remission / Minors, detention / Remission.
The appellant’s proceedings seeking declaratory relief and damages for breach of constitutional rights were not moot as the matter involved rights which are fundamental in nature and a concrete claim for redress existed. A remedy of constitutional damages was not appropriate in light of the fact that a cause of action for breach of statutory duty was available.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.5.1.4
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Release, conditional, refusal to facilitate / Damages for breach of constitutional rights / Proceedings, mootness.
A statutory plan enacted for the purpose of tackling climate change did not comply with its statutory mandate as it did not sufficiently specify the policy measures which are required to be taken over the whole period until 2050 so as to transition to a low carbon, environmentally sustainable economy, and therefore was quashed.
2.1.1.1
Sources - Categories - Written rules - National rules.
3.4
General Principles - Separation of powers.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Detainees, equality of treatment / Detainees, distinction between adults and children / Detainees, remission / Minors, detention.
The recent case law of both the European Court of Human Rights and the Court of Justice of the European Union does not state that the criminal prosecution of an accused person for the same act for which a final administrative sanction has already been imposed amounts, always and necessarily, to an infringement of the ne bis in idem principle.
The right enshrined in Article 4 Protocol 7... Read more
2.1.1.1
Sources - Categories - Written rules - National rules.
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.
3.16
General Principles - Proportionality.
5.3.14
Fundamental Rights - Civil and political rights -
Administrative sanctions, administrative and criminal proceedings, same conduct, no duplication, connection, in substance, in time / Foreseeable consequence.
Custodial sentences must be enforced in accordance with the law in force at the time of their execution unless this law, compared with that in force at the time the offence was committed, entails a change that is so significant that it transforms the scope of the penalty and its impact on the convict’s personal liberty. In principle, the retroactive application of a law is incompatible with the... Read more
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
3.9
General Principles - Rule of law.
3.14
General Principles -
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.5.1.4
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release.
5.3.16
Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law.
5.3.38.1
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law.
Anticorruption law / Enforcement of sentences / Detention, alternatives / Non-custodial measures.
Considering the social function of public housing, it is unreasonable to exclude even the neediest persons ex ante from the allocation of housing solely on the grounds that they cannot fulfil the requirement of prior residence or gainful activity in the region for more than five years as a prerequisite for eligibility.
2.1.1.1
Sources - Categories - Written rules - National rules.
3.5
General Principles - Social State.
3.20
General Principles - Reasonableness.
5.4.13
Fundamental Rights - Economic, social and cultural rights - Right to housing.
Social housing, eligibility, requirement, prior residence, prior gainful activity.
A ban on exchanging objects, provided in the Prison Administration Act, Law no. 354 of 26 July 1975, in so far as it also applies to inmates in the same socialisation group, cannot be justified by the purpose of the special prison rules to sever ties between inmates and their criminal organisations, when the application of ordinary prison rules is sufficient to meet the same goal.
2.1.1.1
Sources - Categories - Written rules - National rules.
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
5.2
Fundamental Rights - Equality.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Exchange of objects among inmates, special rules for inmates involved in criminal organisations.
The failure to provide for a right to compensation in relation to irreversible conditions resulting from a recommended vaccine amounts to a breach of Articles 2, 3 and 32 of the Constitution, because the requirements of solidarity laid down in the Constitution and the need to protect the right to health require that it must be society at large that takes on the burden of harm suffered by... Read more
2.1.1.1
Sources - Categories - Written rules - National rules.
3.5
General Principles - Social State.
3.21
General Principles - Equality.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Vaccines, recommended, compensation for harms / Principle of solidarity.
A provision which automatically ties the amount of compensation to the dismissed worker’s length of service is unconstitutional.
A similar treatment of situations that are in practice profoundly different, based on an inflexible criteria, infringes the principle of equality provided in Article 3 of the Constitution.
The legislator is free to determine the appropriate remedy for a dismissal but... Read more
1.3.4.10.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence.
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
3.20
General Principles - Reasonableness.
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
5.2
Fundamental Rights - Equality.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Permanent employment contracts, increasing protection over time, compensation for dismissals, amount / Lengths of service.
Legislative provisions which impose an outright ban on abortions, and which impose criminal sanctions on a woman who procures her own miscarriage or on a doctor who procures the miscarriage of a woman at her request or with her consent, are not constitutionally compliant; they encroach on the personal dignity of the woman and her right to self-determination. They also violate the rule against... Read more
1.5.1.3.1
Constitutional Justice - Decisions - Deliberation - Procedure - Quorum.
1.6.5.2
Constitutional Justice - Effects - Temporal effect - Retrospective effect
1.6.5.4
Constitutional Justice - Effects - Temporal effect -
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.5.4
Fundamental Rights - Collective rights - Right to self-determination.
Abortion, obstetrician-gynaecologist / Abortion, ban, complete / Abortion, criminal sanction / Foetus, viability / Foetal life, protection / Abortion, time span / Grounds, socioeconomic / Pregnancy, first trimester / Unmarried mothers, protection / Unmarried fathers, parental responsibility / Policy, maternal protection.
A legislative provision which prevents individuals from conducting door to door visits in order to secure their own election for executive office within a Community Credit Cooperative (or the election or defeat of somebody else) and which makes such visits a criminal offence if they are carried out during a time period stipulated in the articles of incorporation of the organisation in question is... Read more
3.10
General Principles - Certainty of the law.
3.13
General Principles - Legality.
3.14
General Principles -
Community credit cooperative, election / Election campaign, door-to-door visit / Articles, incorporation / Rule-making, delegated.
Questions arose over the constitutionality of certain public notices which had been issued regarding the setting of the minimum wage. The simple opportunities to make profits or the factual/legal conditions for business activities are not subject to property right protection, despite the significance they may have for businesses.
1.3.5.10
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.
1.4.4.1
Constitutional Justice - Procedure - Exhaustion of remedies - Obligation to raise constitutional issues before ordinary courts.
3.17
General Principles - Weighing of interests.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.8
Fundamental Rights - Economic, social and cultural rights - Freedom of contract.
Minimum wage / Minimum Wage Commission, Ministry of Employment and Labour / Public power, exercise / Public notice, legal nature / Administrative interpretation, administrative guideline / Discussion, employers, employees / Minimum wage, key labour and economic indices / Minimum wage, business type, region / Stability, wage / Minimum wage, setting, requirement / Minimum wage system, purpose.
Even during a pandemic crisis, the Ministry of Health and all other public institutions must act in accordance with the law and obey the rule of law principles. Any interference on human rights and freedoms – even during a pandemic – must be in accordance with the law, pursue a legitimate aim and be necessary in a democratic society. Minor offences may only be prescribed by law. Minor offenses... Read more
1.2.1.2
Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.3.4.10
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments.
1.3.5.13
Constitutional Justice - Jurisdiction - The subject of review - Administrative acts.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.2.2.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution.
3.4
General Principles - Separation of powers.
4.4.3.1
Institutions - Head of State - Powers - Relations with legislative bodies.
COVID-19 / COVID-19, pandemic / Institutional referral / Referral by 30 deputies / Article 113.2.1 of the Constitution / Freedom of movement / Fundamental rights and freedoms, limitation / Legitimate aim / Proportionality / Government / Parliament.
The competence of the President to dissolve the Assembly as set forth in Article 82.2 of the Constitution, is applied correctly, only when, following a successful motion of no confidence voted by at least sixty-one deputies, (i) there is no sufficient majority of deputies to form a new Government and, at the same time, (ii) there is no majority of two-thirds of the deputies, necessary to... Read more
1.2.1.2
Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.4.10
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments.
1.3.5.6
Constitutional Justice - Jurisdiction - The subject of review - Decrees of the Head of State.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.2.2.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution.
3.4
General Principles - Separation of powers.
4.4.3.1
Institutions - Head of State - Powers - Relations with legislative bodies.
Prime Minister, candidate, appointment / Assembly, dissolution / Separation of powers / Institutional referral / Motion of no confidence.
In principle, new evidence is inadmissible in individual constitutional complaint proceedings. Exceptionally, the Constitutional Court admits new evidence, if:
1. life and limb of the person concerned are in danger; and
2. ordinary courts cannot provide relief either through fresh proceedings or the re-opening of concluded proceedings.
The jurisprudence of the European Court of Human Rights on... Read more
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
Refugee, applicant, expulsion, persecution, risk, burden of proof / Refugee, applicant, expulsion, suicide, risk / Evidence, new, admissibility.
The legislature may lay down measures for limiting the right to acquire and possess weapons and ammunition under the conditions and in accordance with the procedure laid down by the law.
Such measures must include an opportunity to assess, to the extent possible, the individual situation of each person, taking into account all the relevant circumstances, including threats to the security of... Read more
1.3.4.10.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.1.4.3
Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation.
Limitation of rights, weapon, acquisition, permit / Limitation of rights, former conviction / Limitation of rights, time / Assessment, individual circumstances.
According to, among others, Articles 67 and 76 of the Constitution as well as the constitutional principles of responsible governance and the rule of law, the Parliament (Seimas) may form a parliamentary ad hoc investigation commission with the sole task to investigate specifically defined issues of national importance.
Under the Constitution, it is necessary to establish the tasks... Read more
1.3.4.10.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence.
1.3.5.9
Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules.
3.9
General Principles - Rule of law.
3.18
General Principles - General interest.
4.5.2.2
Institutions - Legislative bodies - Powers - Powers of enquiry.
4.5.7
Institutions - Legislative bodies - Relations with the executive bodies.
Parliament, investigative committee, power, scope / Issues of national importance / Ex injuria jus non oritur (illegal acts cannot create law).
Under the Constitution and, among others, the constitutional principle of the rule of law, it is in the public interest to ensure traffic safety. Therefore, the legislature must establish the necessary and appropriate traffic safety requirements to ensure public order and the security of society, human life and health.
Under the Constitution, in order to ensure road safety, the legislature may... Read more
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
3.20
General Principles - Reasonableness.
5.3.14
Fundamental Rights - Civil and political rights -
Right to drive, intoxicating substances, sanction, ban.
Political parties can only be part of one coalition during an electoral process. Therefore, in accordance with the principle of uniformity of coalitions, they cannot integrate different forms of participation (dynamic or differential) among those same parties for the nomination of candidates. This approach strengthens the democratic system and, hence, guarantees a better governance.
4.5.10
Institutions - Legislative bodies - Political parties.
4.5.10.3
Institutions - Legislative bodies - Political parties - Role.
4.5.10.4
Institutions - Legislative bodies - Political parties - Prohibition.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.5.4
Fundamental Rights - Collective rights - Right to self-determination.
Election, coalition / Election, conditions / Election, electoral coalition / Election, candidacy / Election, candidature / Political parties.
The mere fact that a meeting with party sympathisers is held in a public space does not automatically make it an event open to the public, especially if there is no proof of the attendance of people other than militants and sympathisers of the political party.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
5.3.41.3
Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting.
Freedom of expression / Election, propaganda / Election, propaganda, prohibition / Election, candidate, presentation / Election, proselytism, prohibition / Electorate, convocation.
The "definitive" authorization required by a municipal law in order to run for an elected office, imposes an excessive restriction with respect to the timing established by the local Constitution. It limits, without justifying need, the right to stand for election given the definitive nature of the required license.
3.16
General Principles - Proportionality.
3.19
General Principles - Margin of appreciation.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Elected offices, equal access, right / Election, candidate, registration procedure / Election, candidate, requirement / Election, candidate, status, office-holder, relationship / Election law / Election local / Election, local, candidate / Election, local, law / Electoral rights / Electoral rights, eligibility.
The revision of the applicable legal and regulatory framework, as well as the procedure followed by the responsible authority, an infringement to the right to a hearing was noticed in detriment of the plaintiff, since it was only granted in a formal manner, but not in an actual manner. This violation had a direct impact on the exercise of another right, as it prevented the plaintiff from being... Read more
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Hearing / Hearing, right / Hearing, investigative / Hearing, right, obligation to cover all arguments / Election, candidate, registration / Election, candidature / Election, candidate, independent.
Political parties may be held directly responsible for conducting electoral tourism, when agents, on behalf of the party, participate in the preparation or execution of the offence, by requesting citizens to submit false information to the Federal Register of Voters.
1.2.2.4
Constitutional Justice - Types of claim - Claim by a private body or individual - Political parties.
4.4.6.1.1
Institutions - Head of State - Status - Liability - Legal liability.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
Election crime, offender / Voters, permanent residence / Election, voter’s address / Electoral law, infringement / Electoral rules, breach / Electoral tourism.
There is no evidence of reproducing a gender stereotype and thus of infringing the guideline when the disputed promotional uses metaphorical figures of society, which seek empowerment and change in social reality, whether represented by a woman or a man. Nor can it be inferred any implicit or explicit incitement or promotion of behaviour that affects women on the basis of gender. In this case,... Read more
1.4.12
Constitutional Justice - Procedure - Special procedures.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.5.4
Fundamental Rights - Collective rights - Right to self-determination.
Media, freedom of expression, limits / Propaganda, electoral / Media, advertising, political / Media, audiovisual / Media, broadcasting, freedom / Gender / Gender stereotyping / Gender equality, combating sexism / Political, criticism / Freedom of expression.
The limit of private funding received by independent candidates in elections should pass a proportionality analysis which demonstrates that there is no violation of fairness in the electoral contest against candidates from political parties and, hence, the funding is not unconstitutional.
1.3.4.5
Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes.
4.9.8.1
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing.
4.9.8.2
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign expenses.
Election, campaign expense, ceiling / Election, campaign financing / Election, candidate, equal opportunity / Election, candidature, equity / Election, candidature, independent / Election, campaign, expenditure limitation / Election, independent candidate, financing, private, limitation.
A party member’s statements of support to the candidacy of a person outside that party are not protected by the right to freedom of expression, because such support jeopardises the achievement of the constitutionally mandated aims of political parties.
4.5.10.3
Institutions - Legislative bodies - Political parties - Role.
4.5.10.4
Institutions - Legislative bodies - Political parties - Prohibition.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
Freedom of expression / Freedom of expression, exception / Freedom of expression, holder of rights / Freedom of expression, limitation, due to employment contract / Political party, affiliation, prohibition to communicate / Political party, member, compulsory dismissal / Political party, membership / Political party, membership, conditions / Political party, membership, ground for dismissal.
The Mexican legal system does not oblige the National Electoral Institute (INE) to register a candidate as an "unregistered candidate" if he or she did not meet the requirements for being such a candidate. The box referring to "unregistered candidates" on the ballot only serves the purpose of statistics and allows the voters to express ideas.
4.9.3
Institutions - Elections and instruments of direct democracy - Electoral system.
4.9.7.3
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Ballot papers.
4.9.11
Institutions - Elections and instruments of direct democracy - Determination of votes.
5.3
Fundamental Rights - Civil and political rights.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Election, candidate / Election, candidature / Election, candidate, independent / Election, candidate, registration.
Shortcomings in legislative procedure and lack of parliamentary control over the process of the negotiation and signature of an Agreement between the governments of the Republic of Moldova and of the Russian Federation on granting a state financial loan to the government of the Republic of Moldova resulted in a breach of constitutional provisions. The use of unclear text and the absence of a... Read more
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.18
General Principles - General interest.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
Shortcomings, legislative process / International agreement / Resolution of dispute clause, absence.
Members of the managerial bodies of a debtor may only be compelled to cover the fees and expenses of an insolvency administrator or liquidator if it is proved that the insolvency was due to their fault.
3.17
General Principles - Weighing of interests.
3.25
General Principles - Market economy.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Insolvency proceedings, fees, payment.
A flexible framework of measures which authorities may take in order to deal with a state of emergency is acceptable and necessary. Any measures adopted in a state of emergency must be limited in time and scope and subject to parliamentary and judicial scrutiny. Parliamentary scrutiny will compensate for the imbalance of power in the State created by giving the executive increased powers and will... Read more
3.4
General Principles - Separation of powers.
3.16
General Principles - Proportionality.
4.18
Institutions - State of emergency and emergency powers.
5.1.5
Fundamental Rights - General questions - Emergency situations.
Emergency measures, authorities, framework, regulation.
A relatively small difference between the minimum and maximum limits of a penalty does not allow for assessment by the courts of the proportionality of the penalty applied in relation to the offence and the circumstances of the case. This infringes the constitutional right to a fair trial.
3.14
General Principles -
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
COVID-19 / Epidemic diseases, rules, non-compliance, penalties.
Failure on the part of the legislature to regulate the maximum duration of a prohibition on leaving one’s country or place of residence in insolvency proceedings is unconstitutional.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
3.20
General Principles - Reasonableness.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
Travel, restriction, duration, insolvency proceedings.
A mandatory condition where tax information was to be presented to the courts and criminal prosecution bodies as evidence only for the purpose of examining cases related to tax evasion avoided the possibility of a balancing exercise of the competing interests. It therefore denied the interest of individuals in ensuring an effective defence to proceedings not related to the tax sphere.
3.17
General Principles - Weighing of interests.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.8
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Evidence, tax information, restrictions.
A decision by the National Coordinating Body for Communicable Diseases that does not satisfy all formal requirements may still produce a legal effect to an indefinite number of persons.
The publication of names and addresses of persons in self-isolation in relation to COVID-19 on the Government’s website, without the consent of the concerned persons, violates their right to respect for their... Read more
1.3.5.14
Constitutional Justice - Jurisdiction - The subject of review - Government acts.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.16
General Principles - Proportionality.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19 / National Coordinating Body for Communicable Diseases / Epidemic, pandemic, Covid-19, public health, protection, self-isolation, publication, name, address / Health data, data processing, legal basis, consent / Covid-19, contact tracing application.
It is not incompatible with international law for Norwegian courts to apply the provisions of the Penal Code on terrorist conspiracy to the acts of foreign nationals abroad.
4.7.1.2
Institutions - Judicial bodies - Jurisdiction - Universal jurisdiction.
Terrorist acts, committed abroad, foreign national.
Recent amendments to legislation on child welfare have introduced a provision to the effect that care orders may be revoked if it is highly probable that the parents can provide proper care although they will not be revoked if the child has become so attached to the environment in which and the persons with which he or she is presently living that their removal would result in serious harm. The... Read more
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.
Care orders, revocation.
The decision to adopt provisional measures to ensure the health, life and integrity of migrants who are being held in two migrant reception centres in Panamá established a number of minimum requirements to ensure the human rights of migrants held in such facilities due to border closures in the context of the COVID-19 pandemic. The difficulties of the current context required synergy and... Read more
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
3.18
General Principles - General interest.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / Migrant, reception centres / Migrant rights / Right to health.
Enforcement agents cannot assume the role of the court in assessing penalty interest in respect of the costs of proceedings. Article 18.2 of the Law on Enforcement, by leaving such a decision to enforcement agents in circumstances where an enforcement document does not specify the basis on which such interest is to be calculated, was not in accordance with the rule of law. The rule of law is a... Read more
3.9
General Principles - Rule of law.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Enforcement, interest, calculation / Norms, legal certainty.
Under the current constitutional framework, the legal regime governing a state of siege or one of emergency can only be regulated by law set out in a formal legislative act of Parliament. Such legislation must comply with the provisions of Article 73.3.g of the Constitution, as an organic law. The constitutional and legal prerogative regarding the declaration of the state of emergency can be... Read more
2.2.2.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution.
3.10
General Principles - Certainty of the law.
3.16
General Principles - Proportionality.
3.22
General Principles - Prohibition of arbitrariness.
State of emergency / Prerogatives, law-making, clarity, accuracy / Legal norms, predictability.
The regional law prohibiting the holding of public events in the vicinity of schools, places of worship and health care institutions is contrary to the Constitution.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Event, public, organisation / Law, regional, prohibition.
The Constitutional Court held that a mechanism for reviewing court decisions based on provisions previously ruled unconstitutional must be provided for by law.
1.6.9.2
Constitutional Justice - Effects - Consequences for other cases - Decided cases.
5.4.13
Fundamental Rights - Economic, social and cultural rights - Right to housing.
Constitution, provision, contradiction / Court decision, review / Enforcement proceedings.
COVID-19 could be considered as a public danger that threatens the survival of the state or its citizens. The decision to declare a state of emergency because of the epidemic was in line with the Constitution.
4.18
Institutions - State of emergency and emergency powers.
5.1.5
Fundamental Rights - General questions - Emergency situations.
COVID-19 / State of emergency, declaration.
The current Covid-19 pandemic and the necessity of protecting the life and health of the population justifies certain interferences with fundamental rights, namely in this case with the right to privacy and personal data protection. However, in adopting measures aimed at preventing further spread of the disease, the legislator must pass legislation which is clear, unambiguous and which provides... 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.
5.3.36.2
Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications.
COVID-19 / Pandemic, COVID-19 / Data, personal / Data, telecommunications.
Article 8 ECHR and Article 2 Protocol 1 ECHR; Articles 13.1, 19 and 62.2 of the Federal Constitution; §135 of the education law of the canton of Basel City; home schooling; conformity of §135 of the education law of the canton of Basel City with federal law.
Legal basis for home schooling in the canton of Basel City (recital 3).
Article 19 of the Federal Constitution, in conjunction with... Read more
3.22
General Principles - Prohibition of arbitrariness.
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.
5.4.1
Fundamental Rights - Economic, social and cultural rights - Freedom to teach.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Home schooling.
Swedish Reindeer Husbandry Act of 1971 does not give Sami districts the right to grant hunting and fishing rights for the area in which the Girjas Sami District conducts reindeer husbandry.
The Girjas Sami District has the sole right based on possession since time immemorial to decide whether others should be able to hunt and fish in their district above the cultivation line.
To have a... Read more
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.1.2
Sources - Categories - Unwritten rules.
2.3.3
Sources - Techniques of review - Intention of the author of the enactment under review.
3.20
General Principles - Reasonableness.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.5.5
Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights.
Possession since time immemorial, custom, burden of proof, relaxation, assumption, reasonable / Hunting Rights / Fishing Rights / Sami.
In general, a judgment in which the Court of Justice of the European Union has given a preliminary ruling conclusively determines questions of EU law and is binding on the national court for the purposes of the decision to be given by it in the main proceedings.
The jurisdiction of the Court of Justice of the European Union does not include assessments of the actual circumstances in the case at... Read more
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
2.2.1.6.5
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.
4.6.3
Institutions - Executive bodies - Application of laws.
4.7.1.1
Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction.
4.7.6
Institutions - Judicial bodies - Relations with bodies of international jurisdiction.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Application of law / Labour rights / Collective agreement / Transfer of undertakings / Transfer of businesses / Dismissal, notice period, length of service.
International reports and decisions of the European Court of Human Rights establishing that there is a general risk that a surrender to EU Member States with poor prison conditions would not be compatible with Article 3 ECHR do not per se prevent surrenders under the European arrest warrant.
The assessment of the existence of a well-founded reason to believe that there is a real risk of... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
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.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Surrender / European arrest warrant / Extradition for crimes / Prison conditions / Assurances, public authorities.
Persecution based on gender, leading to a risk of life and freedom, qualifies as an impediment to extradition pursuant to Section 7 of the Swedish Extradition Act.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
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.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Extradition for crimes / Persecution, abuse, based on gender, risk to life and freedom / Refugee status / Caning, stoning.
An administrative court of appeal is not obliged to examine the merits of a judgment of an administrative court regarding coercive measures when the measures have already been executed unless the appellant has a noteworthy interest in bringing about such an examination.
Measures for the preservation of evidence may pose an interference with the right to respect for private life and... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Preservation of evidence / Coercive measures.
Placing a foreigner into solitary confinement for ten days for no valid reason constitutes a breach of a substantive aspect of prohibition of torture.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Deportation, foreigners / Deportation centres, foreigners, treatment.
In the course of a criminal investigation, the applicant was wiretapping surveillance. The investigation ended without prosecution. The responsible authorities failed to destroy the recording of the applicant’s communication and it became public through online judiciary platform. The applicant unsuccessfully demanded compensation before courts.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Wiretapping, interception of communication, compensation / Communication, revelation, compensation / Communication, records, destruction.
The dismissal from public office of a judge or prosecutor cannot be considered as a reason for denying him or her registration with the Bar Association, provided he or she has not been charged with or convicted of a criminal offence.
3.24
General Principles - Loyalty to the State.
4.7.4.3
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel.
4.7.15.1.4
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Status of members of the Bar.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Registration with Bar Association, denial, former prosecutor.
An article of the Criminal Code which establishes criminal liability for judges ruling on "knowingly unjust" sentences, decisions, ruling or resolutions, is inconsistent with the Constitution; its wording is vague and inconsistent and could pave the way for judges being subject to undue influence.
4.7.3
Institutions - Judicial bodies - Decisions.
4.7.4.1.6
Institutions - Judicial bodies - Organisation - Members - Status.
4.7.16.2
Institutions - Judicial bodies - Liability - Liability of judges.
Judgment, "knowingly unjust", criminal liability.
A provision of the Criminal Procedure Code which precludes appealing decisions by the investigating judge on the results of consideration of a complaint on inaction by an investigator or prosecutor consisting of not entering information on a criminal offence in the Unified Register of Pre-trial Investigations is at odds with the right to judicial protection and hence unconstitutional.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Offence, criminal register, entry / Prosecutor, inaction, challenge.
Legislation introducing amendments to the law on pension provision created uncertainty and ambiguity and was thus unconstitutional.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Special pensions / Legitimate expectation.
A provision of legislation on the banking sector which contains an exhaustive list of persons entitled to appeal in court against decisions, actions or omissions of the National Bank or its officials encroaches on the right of access to court and is unconstitutional.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Bank, National, decision, appeal / Bank, stakeholder, participation.
Under the legislation on notaries, a notary may make an executive inscription, allowing the money owed to be collected from the debtor without the creditor having to go through the court process, if the debt is indisputable and provided no more than three years have elapsed since the date of the right to claim (one year in the case of relations between enterprises, institutions and... Read more
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Executive inscription, notary.
Questions had arisen over whether certain provisions of the legislation governing mortgages, whereby a person to whom ownership of a mortgage has passed acquires the status of a mortgagor with all the attendant rights and obligations, to the extent and under the conditions that existed before he or she acquired ownership of the mortgage, represented an encroachment on the right to property.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Third party, mortgage, property, right, transfer, consequences.
Certain legislative norms dealing with the management of state property provided for the obligatory transfer in certain circumstances to the state budget of part of the net profit of an economic organisation. These norms were restrictive of the rights to property of the members of the organisations in question and thus unconstitutional.
4.10.2
Institutions - Public finances - Budget.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
State property, management / Economic organisation, profit, transfer / Economic organization, members, rights.
The President acted outside his powers when he appointed by Decree Artem Sytnyk as Director of the National Anti-Corruption Bureau. However, the decision of the Constitutional Court would not apply to legal relations arising from the performance of official duties by a person appointed by this Decree.
3.4
General Principles - Separation of powers.
4.4.3.2
Institutions - Head of State - Powers - Relations with the executive bodies.
Appointment, head, Anti-Corruption Bureau.
Several legislative provisions had been enacted with a view to containing the spread of COVID 19. Certain encroachments on human rights and freedoms may be permissible under a state of emergency or martial law, but they must be put into place in accordance with the law and the Constitution. Some of the provisions set limits on judge’s salaries during quarantine; this created uncertainty and ran... Read more
3.10
General Principles - Certainty of the law.
4.6.2
Institutions - Executive bodies - Powers.
4.7.4.1.6
Institutions - Judicial bodies - Organisation - Members - Status.
COVID-19 / Judge, remuneration, reduction, coronavirus / Independence, judiciary, encroachment.
1.1.1.1.1 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution. AZE-2020-2-003 1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies. BRA-2020-2-009 1.2.1.1 Constitutional Justice - Types of claim - Claim by a public body - Head of State. FRA-2020-2-006 1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies. FRA-2020-2-006, FRA-2020-2-008, FRA-2020-2-010, KOS-2020-2-002, KOS-2020-2-003 1.2.2.4 Constitutional Justice - Types of claim - Claim by a private body or individual - Political parties. MEX-2020-2-018 1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review. KOS-2020-2-002, KOS-2020-2-003 1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms. FRA-2020-2-008, FRA-2020-2-009, FRA-2020-2-010, KOS-2020-2-002 1.3.4.3 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities. BRA-2020-2-014 1.3.4.5 Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes. MEX-2020-2-020 1.3.4.6 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of referendums and other instruments of direct democracy . BRA-2020-2-016 1.3.4.10 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments. KOS-2020-2-002, KOS-2020-2-003 1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence. ITA-2020-2-012, LTU-2020-2-005, LTU-2020-2-006 1.3.4.13 Constitutional Justice - Jurisdiction - Types of litigation - Universally binding interpretation of laws. AZE-2020-2-004 1.3.5.2 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law. IRL-2020-2-001 1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law. AZE-2020-2-004 1.3.5.6 Constitutional Justice - Jurisdiction - The subject of review - Decrees of the Head of State. KOS-2020-2-003 1.3.5.9 Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules. LTU-2020-2-006 1.3.5.10 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive. KOR-2020-2-006 1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions. GER-2020-2-021 1.3.5.13 Constitutional Justice - Jurisdiction - The subject of review - Administrative acts. KOS-2020-2-002 1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts. MNE-2020-2-001 1.4.3 Constitutional Justice - Procedure - Time-limits for instituting proceedings. AUT-2020-2-002 1.4.4.1 Constitutional Justice - Procedure - Exhaustion of remedies - Obligation to raise constitutional issues before ordinary courts. KOR-2020-2-006 1.4.6.1 Constitutional Justice - Procedure - Grounds - Time-limits. AUT-2020-2-002 1.4.9.2 Constitutional Justice - Procedure - Parties - Interest. AUT-2020-2-002 1.4.10.7 Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU. SWE-2020-2-006 1.4.12 Constitutional Justice - Procedure - Special procedures. MEX-2020-2-019 1.5.1.3.1 Constitutional Justice - Decisions - Deliberation - Procedure - Quorum. KOR-2020-2-004 1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures. BRA-2020-2-009, BRA-2020-2-011 1.6.5.2 Constitutional Justice - Effects - Temporal effect - Retrospective effect (ex tunc). KOR-2020-2-004 1.6.5.4 Constitutional Justice - Effects - Temporal effect - Ex nunc effect. KOR-2020-2-004 1.6.5.5 Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect. FRA-2020-2-009 1.6.8 Constitutional Justice - Effects - Influence on everyday life. BRA-2020-2-012 1.6.9.2 Constitutional Justice - Effects - Consequences for other cases - Decided cases. RUS-2020-2-005 2.1.1.1 Sources - Categories - Written rules - National rules. IRL-2020-2-005, ITA-2020-2-007, ITA-2020-2-008, ITA-2020-2-009, ITA-2020-2-010, ITA-2020-2-011 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. CZE-2020-2-003, IRL-2020-2-002, IRL-2020-2-003, IRL-2020-2-004, KOS-2020-2-002, KOS-2020-2-003 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. CZE-2020-2-002 2.1.1.4 Sources - Categories - Written rules - International instruments. BEL-2020-2-005, SWE-2020-2-005 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. BEL-2020-2-001, CZE-2020-2-002, IRL-2020-2-004, MNE-2020-2-001, SWE-2020-2-007, SWE-2020-2-009 2.1.1.4.11 Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969. IAC-2020-2-001 2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000. SWE-2020-2-007 2.1.1.4.19 Sources - Categories - Written rules - International instruments - International conventions regulating diplomatic and consular relations. BRA-2020-2-017 2.1.2 Sources - Categories - Unwritten rules. SWE-2020-2-005 2.1.2.2 Sources - Categories - Unwritten rules - General principles of law. GER-2020-2-010 2.1.3.1 Sources - Categories - Case-law - Domestic case-law. CZE-2020-2-003, KOS-2020-2-002, KOS-2020-2-003 2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights. CZE-2020-2-002, ITA-2020-2-007, ITA-2020-2-008 2.1.3.2.2 Sources - Categories - Case-law - International case-law - Court of Justice of the European Union. CZE-2020-2-002, IRL-2020-2-001, ITA-2020-2-007 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. HUN-2020-2-002, SWE-2020-2-006 2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution. KOS-2020-2-002, KOS-2020-2-003, ROM-2020-2-001 2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation. ITA-2020-2-008 2.3.3 Sources - Techniques of review - Intention of the author of the enactment under review. SWE-2020-2-005 2.3.4 Sources - Techniques of review - Interpretation by analogy. CZE-2020-2-003 3.1 General Principles - Sovereignty. GER-2020-2-010 3.4 General Principles - Separation of powers. CAN-2020-2-003, IRL-2020-2-005, KOS-2020-2-002, KOS-2020-2-003, MDA-2020-2-001, MDA-2020-2-004, UKR-2020-2-014 3.5 General Principles - Social State. ITA-2020-2-009, ITA-2020-2-011 3.6.2 General Principles - Structure of the State - Regional State. BRA-2020-2-012, BRA-2020-2-013, BRA-2020-2-014 3.9 General Principles - Rule of law. BEL-2020-2-002, BLR-2020-2-002, HUN-2020-2-002, ITA-2020-2-008, LTU-2020-2-005, LTU-2020-2-006, LTU-2020-2-007, MDA-2020-2-001, MKD-2020-2-002, UKR-2020-2-009 3.10 General Principles - Certainty of the law. BLR-2020-2-002, GER-2020-2-019, HUN-2020-2-002, KOR-2020-2-005, MDA-2020-2-001, MDA-2020-2-006, ROM-2020-2-001, UKR-2020-2-009, UKR-2020-2-015 3.12 General Principles - Clarity and precision of legal provisions. AUT-2020-2-002, HUN-2020-2-003, IRL-2020-2-001, MDA-2020-2-006 3.13 General Principles - Legality. AUT-2020-2-002, BLR-2020-2-001, KOR-2020-2-005 3.14 General Principles - Nullum crimen, nulla poena sine lege. ITA-2020-2-008, KOR-2020-2-005, MDA-2020-2-005 3.16 General Principles - Proportionality. AUT-2020-2-003, BIH-2020-2-002, CRO-2020-2-004, FRA-2020-2-006, FRA-2020-2-008, FRA-2020-2-009, FRA-2020-2-010, ITA-2020-2-007, ITA-2020-2-010, KOR-2020-2-004, LTU-2020-2-005, LTU-2020-2-007, MDA-2020-2-004, MEX-2020-2-016, MNE-2020-2-001, ROM-2020-2-001, RUS-2020-2-004 3.17 General Principles - Weighing of interests. CZE-2020-2-002, CZE-2020-2-003, GER-2020-2-012, GER-2020-2-015, GER-2020-2-018, GER-2020-2-021, ITA-2020-2-012, KOR-2020-2-004, KOR-2020-2-006, MDA-2020-2-003, MDA-2020-2-007 3.18 General Principles - General interest. FRA-2020-2-007, IAC-2020-2-001, LTU-2020-2-005, LTU-2020-2-006, LTU-2020-2-007, MDA-2020-2-001, RUS-2020-2-004 3.19 General Principles - Margin of appreciation. AUT-2020-2-003, ITA-2020-2-012, KOR-2020-2-004, MEX-2020-2-016 3.20 General Principles - Reasonableness. ITA-2020-2-009, ITA-2020-2-010, ITA-2020-2-012, LTU-2020-2-007, MDA-2020-2-006, SWE-2020-2-005 3.21 General Principles - Equality. ITA-2020-2-011 3.22 General Principles - Prohibition of arbitrariness. BEL-2020-2-002, ROM-2020-2-001, SUI-2020-2-004 3.24 General Principles - Loyalty to the State. TUR-2020-2-003 3.25 General Principles - Market economy. MDA-2020-2-003 4.4.3.1 Institutions - Head of State - Powers - Relations with legislative bodies. KOS-2020-2-002, KOS-2020-2-003 4.4.3.2 Institutions - Head of State - Powers - Relations with the executive bodies. UKR-2020-2-014 4.4.3.4 Institutions - Head of State - Powers - Promulgation of laws. BRA-2020-2-010 4.4.3.5 Institutions - Head of State - Powers - International relations. BRA-2020-2-017 4.4.6.1.1 Institutions - Head of State - Status - Liability - Legal liability. MEX-2020-2-018 4.5.2.1 Institutions - Legislative bodies - Powers - Competences with respect to international agreements. MDA-2020-2-001 4.5.2.2 Institutions - Legislative bodies - Powers - Powers of enquiry. LTU-2020-2-006 4.5.7 Institutions - Legislative bodies - Relations with the executive bodies. LTU-2020-2-006 4.5.8 Institutions - Legislative bodies - Relations with judicial bodies. ITA-2020-2-012 4.5.9 Institutions - Legislative bodies - Liability. ECJ-2020-2-012 4.5.10 Institutions - Legislative bodies - Political parties. MEX-2020-2-014 4.5.10.3 Institutions - Legislative bodies - Political parties - Role. MEX-2020-2-014, MEX-2020-2-021 4.5.10.4 Institutions - Legislative bodies - Political parties - Prohibition. MEX-2020-2-014, MEX-2020-2-021 4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies. GER-2020-2-017 4.6.2 Institutions - Executive bodies - Powers. UKR-2020-2-015 4.6.3 Institutions - Executive bodies - Application of laws. BRA-2020-2-015, SWE-2020-2-006 4.6.3.2 Institutions - Executive bodies - Application of laws - Delegated rule-making powers. AUT-2020-2-002 4.6.6 Institutions - Executive bodies - Relations with judicial bodies. CAN-2020-2-004, CAN-2020-2-005 4.6.10.1.2 Institutions - Executive bodies - Liability - Legal liability - Civil liability. BRA-2020-2-018 4.6.10.1.3 Institutions - Executive bodies - Liability - Legal liability - Criminal liability. BRA-2020-2-018 4.6.10.2 Institutions - Executive bodies - Liability - Political responsibility. BRA-2020-2-010, GER-2020-2-016 4.7.1.1 Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction. SWE-2020-2-006 4.7.1.2 Institutions - Judicial bodies - Jurisdiction - Universal jurisdiction. NOR-2020-2-007 4.7.3 Institutions - Judicial bodies - Decisions. UKR-2020-2-007 4.7.4.1.1 Institutions - Judicial bodies - Organisation - Members - Qualifications. BEL-2020-2-001 4.7.4.1.6 Institutions - Judicial bodies - Organisation - Members - Status. UKR-2020-2-007, UKR-2020-2-015 4.7.4.1.6.1 Institutions - Judicial bodies - Organisation - Members - Status - Incompatibilities. BEL-2020-2-001 4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel. TUR-2020-2-003 4.7.4.3.1 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers. BEL-2020-2-002 4.7.4.6 Institutions - Judicial bodies - Organisation - Budget. CAN-2020-2-004, CAN-2020-2-005 4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction. SWE-2020-2-006 4.7.14 Institutions - Judicial bodies - Arbitration. BLR-2020-2-002 4.7.15.1.4 Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Status of members of the Bar. TUR-2020-2-003 4.7.16.1 Institutions - Judicial bodies - Liability - Liability of the State. BRA-2020-2-010 4.7.16.2 Institutions - Judicial bodies - Liability - Liability of judges. UKR-2020-2-007 4.8.1 Institutions - Federalism, regionalism and local self-government - Federal entities. BRA-2020-2-012, BRA-2020-2-013, BRA-2020-2-014 4.8.3 Institutions - Federalism, regionalism and local self-government - Municipalities. CRC-2020-2-001 4.8.7 Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects. BRA-2020-2-015 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-2020-2-013 4.8.8.2.4 Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation - Distribution ratione personae. CRC-2020-2-001 4.9 Institutions - Elections and instruments of direct democracy. FRA-2020-2-007 4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system. MEX-2020-2-022 4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates. BRA-2020-2-016 4.9.7.3 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Ballot papers. MEX-2020-2-022 4.9.8.1 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing. MEX-2020-2-020 4.9.8.2 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign expenses. MEX-2020-2-020 4.9.9.6 Institutions - Elections and instruments of direct democracy - Voting procedures - Casting of votes. CRO-2020-2-004 4.9.11 Institutions - Elections and instruments of direct democracy - Determination of votes. MEX-2020-2-022 4.9.13 Institutions - Elections and instruments of direct democracy - Judicial control. FRA-2020-2-007 4.10.2 Institutions - Public finances - Budget. BRA-2020-2-010, BRA-2020-2-015, UKR-2020-2-013 4.10.7 Institutions - Public finances - Taxation. BRA-2020-2-015 4.11.2 Institutions - Armed forces, police forces and secret services - Police forces. IRL-2020-2-001 4.11.3 Institutions - Armed forces, police forces and secret services - Secret services. GER-2020-2-011 4.16 Institutions - International relations. BRA-2020-2-017, GER-2020-2-010 4.17.2 Institutions - European Union - Distribution of powers between the EU and member states. ECJ-2020-2-012 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-2020-2-010 4.18 Institutions - State of emergency and emergency powers. BRA-2020-2-013, BRA-2020-2-014, HUN-2020-2-003, MDA-2020-2-004, SRB-2020-2-002 5.1.1 Fundamental Rights - General questions - Entitlement to rights. CAN-2020-2-002 5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners. GER-2020-2-011, IAC-2020-2-001, TUR-2020-2-001 5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status. CZE-2020-2-002, ECJ-2020-2-009, ECJ-2020-2-011, SWE-2020-2-008 5.1.1.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons. LTU-2020-2-005 5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors. IRL-2020-2-003 5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated. BRA-2020-2-010 5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees. FRA-2020-2-010, IRL-2020-2-003, IRL-2020-2-004 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. CAN-2020-2-002, CRO-2020-2-003, CZE-2020-2-003, IAC-2020-2-001 5.1.4 Fundamental Rights - General questions - Limits and restrictions. BEL-2020-2-005, ECJ-2020-2-013, FRA-2020-2-006, MDA-2020-2-005, MEX-2020-2-016, MNE-2020-2-001 5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation. LTU-2020-2-005 5.1.4.3 Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation. LTU-2020-2-005 5.1.5 Fundamental Rights - General questions - Emergency situations. AUT-2020-2-002, AUT-2020-2-003, FRA-2020-2-006, FRA-2020-2-007, MDA-2020-2-004, MNE-2020-2-001, SRB-2020-2-002 5.2 Fundamental Rights - Equality. AUT-2020-2-003, ITA-2020-2-010, ITA-2020-2-012 5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens. SWE-2020-2-005 5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections. FRA-2020-2-007 5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender. CRC-2020-2-001, GER-2020-2-013, GER-2020-2-014, SWE-2020-2-008 5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality. ECJ-2020-2-010 5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age. IRL-2020-2-003 5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status. GER-2020-2-013 5.2.3 Fundamental Rights - Equality - Affirmative action. CRC-2020-2-001 5.3 Fundamental Rights - Civil and political rights. MEX-2020-2-022 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. GER-2020-2-012, IRL-2020-2-004, KOR-2020-2-004 5.3.2 Fundamental Rights - Civil and political rights - Right to life. BRA-2020-2-010, BRA-2020-2-012, BRA-2020-2-013, BRA-2020-2-014, BRA-2020-2-019, IAC-2020-2-001, IRL-2020-2-005, KOR-2020-2-004, SWE-2020-2-008 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. CZE-2020-2-002, LIE-2020-2-002, SWE-2020-2-007, SWE-2020-2-008, TUR-2020-2-001 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. IAC-2020-2-001, IRL-2020-2-005 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. FRA-2020-2-009, FRA-2020-2-010, ITA-2020-2-008, ITA-2020-2-010 5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures. ECJ-2020-2-009, FRA-2020-2-009 5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial. CRO-2020-2-002 5.3.5.1.4 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release. IRL-2020-2-003, IRL-2020-2-004, ITA-2020-2-008 5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement. AUT-2020-2-002, FRA-2020-2-006, MDA-2020-2-006 5.3.9 Fundamental Rights - Civil and political rights - Right of residence. SWE-2020-2-007, SWE-2020-2-008 5.3.11 Fundamental Rights - Civil and political rights - Right of asylum. ECJ-2020-2-009, ECJ-2020-2-011 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. AZE-2020-2-003, CRO-2020-2-002, MDA-2020-2-005, MDA-2020-2-007, TUR-2020-2-003 5.3.13.1.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings. IRL-2020-2-002 5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings. AZE-2020-2-003, BLR-2020-2-001 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. BLR-2020-2-001, SWE-2020-2-007, SWE-2020-2-008 5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings. MEX-2020-2-018 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. BEL-2020-2-002, BLR-2020-2-001, CRO-2020-2-003, CZE-2020-2-002, CZE-2020-2-003, HUN-2020-2-001, MKD-2020-2-002, SWE-2020-2-009, TUR-2020-2-002 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. AZE-2020-2-003, CZE-2020-2-002, CZE-2020-2-003, ECJ-2020-2-009, ECJ-2020-2-013, UKR-2020-2-008, UKR-2020-2-010 5.3.13.3.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - Habeas corpus. IRL-2020-2-002 5.3.13.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction. SWE-2020-2-009 5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing. BEL-2020-2-004 5.3.13.8 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file. MDA-2020-2-007 5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. CRO-2020-2-002 5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence. BEL-2020-2-004, CAN-2020-2-004, CAN-2020-2-005 5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality. BEL-2020-2-001, BEL-2020-2-004 5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence. LIE-2020-2-002 5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. CRO-2020-2-002 5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle. BEL-2020-2-002 5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. BEL-2020-2-004 5.3.13.23.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself. BEL-2020-2-003 5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem. ITA-2020-2-007, LTU-2020-2-007 5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime. IRL-2020-2-001 5.3.16 Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law. ITA-2020-2-008 5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State. ECJ-2020-2-012, IRL-2020-2-004, ITA-2020-2-011 5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience. BEL-2020-2-006, GER-2020-2-009 5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion. GER-2020-2-012, GER-2020-2-020 5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship. GER-2020-2-009 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. FRA-2020-2-006, FRA-2020-2-008, GER-2020-2-012, GER-2020-2-020, HUN-2020-2-003, MEX-2020-2-019, MEX-2020-2-021, MEX-2020-2-022 5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication. CZE-2020-2-003, FRA-2020-2-008, TUR-2020-2-002 5.3.24 Fundamental Rights - Civil and political rights - Right to information. BRA-2020-2-019, HUN-2020-2-001 5.3.25 Fundamental Rights - Civil and political rights - Right to administrative transparency. BRA-2020-2-019 5.3.27 Fundamental Rights - Civil and political rights - Freedom of association. BEL-2020-2-005, MEX-2020-2-014, MEX-2020-2-021 5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly. RUS-2020-2-004 5.3.29 Fundamental Rights - Civil and political rights - Right to participate in public affairs. CRC-2020-2-001 5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity. CRC-2020-2-001 5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation. CZE-2020-2-003, GER-2020-2-012 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. BEL-2020-2-003, FRA-2020-2-010, SUI-2020-2-004, SVK-2020-2-001, SWE-2020-2-009 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. BRA-2020-2-011, ECJ-2020-2-013, FRA-2020-2-006, IRL-2020-2-001, MDA-2020-2-007, MNE-2020-2-001, SVK-2020-2-001, TUR-2020-2-002 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. FRA-2020-2-010, IRL-2020-2-004, NOR-2020-2-008, SUI-2020-2-004 5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home. BEL-2020-2-004 5.3.36 Fundamental Rights - Civil and political rights - Inviolability of communications. GER-2020-2-011 5.3.36.2 Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications. BRA-2020-2-011, GER-2020-2-015, SVK-2020-2-001 5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications. GER-2020-2-015 5.3.38.1 Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law. ITA-2020-2-008 5.3.38.2 Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Civil law. GER-2020-2-019 5.3.39 Fundamental Rights - Civil and political rights - Right to property. GER-2020-2-014, GER-2020-2-019, GER-2020-2-021, MDA-2020-2-003, MDA-2020-2-005, SWE-2020-2-005, UKR-2020-2-010, UKR-2020-2-011, UKR-2020-2-013 5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations. AUT-2020-2-003, BEL-2020-2-004, BIH-2020-2-002, HUN-2020-2-002, KOR-2020-2-006, UKR-2020-2-012 5.3.41 Fundamental Rights - Civil and political rights - Electoral rights. MEX-2020-2-015 5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote. CRO-2020-2-004, MEX-2020-2-016 5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election. MEX-2020-2-015, MEX-2020-2-016, MEX-2020-2-017, MEX-2020-2-022 5.3.41.3 Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting. MEX-2020-2-015 5.3.41.6 Fundamental Rights - Civil and political rights - Electoral rights - Frequency and regularity of elections. FRA-2020-2-007 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. NOR-2020-2-008 5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities. CAN-2020-2-002, CRC-2020-2-001, SWE-2020-2-005 5.4.1 Fundamental Rights - Economic, social and cultural rights - Freedom to teach. SUI-2020-2-004 5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education. BEL-2020-2-006, CAN-2020-2-002, SUI-2020-2-004 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. ITA-2020-2-012, SWE-2020-2-006 5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. GER-2020-2-019 5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. GER-2020-2-021, KOR-2020-2-006 5.4.8 Fundamental Rights - Economic, social and cultural rights - Freedom of contract. KOR-2020-2-006 5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike. BEL-2020-2-005 5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions. BEL-2020-2-005, GER-2020-2-018, GER-2020-2-021 5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing. BEL-2020-2-004, ITA-2020-2-009, RUS-2020-2-005 5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security. ITA-2020-2-012 5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension. GER-2020-2-014, UKR-2020-2-009 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. ARG-2020-2-002, AUT-2020-2-002, AUT-2020-2-003, BRA-2020-2-010, BRA-2020-2-012, BRA-2020-2-013, BRA-2020-2-014, BRA-2020-2-019, CRO-2020-2-003, FRA-2020-2-006, IAC-2020-2-001, ITA-2020-2-011, MNE-2020-2-001 5.5.1 Fundamental Rights - Collective rights - Right to the environment. ARG-2020-2-002, IRL-2020-2-005 5.5.4 Fundamental Rights - Collective rights - Right to self-determination. KOR-2020-2-004, MEX-2020-2-014, MEX-2020-2-019 5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights. SWE-2020-2-005
Abortion, ban, complete
KOR-2020-2-004 Abortion, criminal sanction
KOR-2020-2-004 Abortion, obstetrician-gynaecologist
KOR-2020-2-004 Abortion, time span
KOR-2020-2-004 Abuse of process
IRL-2020-2-002 Accused, right
BEL-2020-2-003 Administration, efficiency
BRA-2020-2-014, BRA-2020-2-013, BRA-2020-2-019, BRA-2020-2-009 Administration, flexibility
BRA-2020-2-013 Administration, morality, principle
BRA-2020-2-013 Administrative decision, judicial review
CZE-2020-2-002 Administrative interpretation, administrative guideline
KOR-2020-2-006 Administrative sanctions, administrative and criminal proceedings, same conduct, no duplication, connection, in substance, in time
ITA-2020-2-007 Adversarial principle
BEL-2020-2-002 Agreement, international, applicability
BRA-2020-2-013 Agreement, international, binding force
BRA-2020-2-013 Ambassador
BRA-2020-2-017 Anticorruption law
ITA-2020-2-008 Appeal, financial, adequate
BRA-2020-2-013 Application of law
SWE-2020-2-006 Appointment, head, Anti-Corruption Bureau
UKR-2020-2-014 Article 113.2.1 of the Constitution
KOS-2020-2-002 Articles, incorporation
KOR-2020-2-005 Assembly, dissolution
KOS-2020-2-003 Assessment, individual circumstances
LTU-2020-2-005 Assurance, liability
ECJ-2020-2-010 Assurances, public authorities
SWE-2020-2-007 Asylum application
ECJ-2020-2-011 Asylum request assessment
ECJ-2020-2-011 Asylum seeker protection international
ECJ-2020-2-011 Bank, National, decision, appeal
UKR-2020-2-010 Bank, stakeholder, participation
UKR-2020-2-010 Benefit, governmental
BRA-2020-2-010 Budget Act
BRA-2020-2-015 Budget Law
BRA-2020-2-015 Budget, control, state
BRA-2020-2-010, BRA-2020-2-015 Budget, law, amendment
BRA-2020-2-015 Budget, supplementary
BRA-2020-2-015 Budgetary balance, principle
BRA-2020-2-010 Burning, pastures
ARG-2020-2-002 Caning, stoning
SWE-2020-2-008 Capital washing
BRA-2020-2-013 Care orders, revocation
NOR-2020-2-008 Citizenship, acquisition, jus sanguinis
GER-2020-2-013 Citizenship, restoration
GER-2020-2-013 Civil servant, authority, misuse
BRA-2020-2-018 Civil servant, disciplinary procedure
BRA-2020-2-018 Civil servant, duties under terms of service
BRA-2020-2-018 Civil servant, measure, disciplinary
BRA-2020-2-018 Civil servant, negligence, damage caused, personal liability
BRA-2020-2-018 Civil servant, rights and obligations
BRA-2020-2-018 Coercive measures
SWE-2020-2-009 Collective agreement
SWE-2020-2-006 Collective bargaining, right
GER-2020-2-021 Communication, records, destruction
TUR-2020-2-002 Communication, revelation, compensation
TUR-2020-2-002 Community credit cooperative, election
KOR-2020-2-005 Compensation for damages, limitation
ECJ-2020-2-012 Compensation, right
ECJ-2020-2-012 Composition, gender
CRC-2020-2-001 Constitution, provision, contradiction
RUS-2020-2-005 Constitutional proceedings, abuse of process
IRL-2020-2-002 Constitutional remedy, abuse of process
IRL-2020-2-002 Constitutional right, violation, remedy
CZE-2020-2-002 Convicted prisoner, release
FRA-2020-2-010 Co-ownership
BIH-2020-2-002 Court decision, review
RUS-2020-2-005 Court of Justice of the European Union, decisions, effect
IRL-2020-2-001 Court supervision
FRA-2020-2-009 COVID 19
CRO-2020-2-002, CRO-2020-2-004 COVID-19
SRB-2020-2-002, SVK-2020-2-001, BRA-2020-2-010, BRA-2020-2-011, MDA-2020-2-005, BRA-2020-2-016, BRA-2020-2-015, KOS-2020-2-002, BRA-2020-2-019, BRA-2020-2-012, BRA-2020-2-013, FRA-2020-2-006, FRA-2020-2-007, BRA-2020-2-009, MNE-2020-2-001, UKR-2020-2-015, BRA-2020-2-014, BRA-2020-2-017, BRA-2020-2-018 Covid-19, contact tracing application
MNE-2020-2-001 COVID-19, epidemic, pandemic
AUT-2020-2-003 COVID-19, epidemic, pandemic.
AUT-2020-2-002 COVID-19, pandemic
KOS-2020-2-002, BRA-2020-2-017 COVID-19, pandemic, measures
IAC-2020-2-001 COVID-19, Public health
BRA-2020-2-017 COVID-19, special legal order
HUN-2020-2-003 Criminal investigation
BEL-2020-2-003 Criminal law power, competence, prohibition, genetic test,
CAN-2020-2-003 Customary international law, general principle
GER-2020-2-010 Damage, compensation
CRO-2020-2-003 Damages for breach of constitutional rights
IRL-2020-2-004 Data protection, unnecessary personal data, information concerning health Disease, infectious
BRA-2020-2-011 Data, access, public interest
BRA-2020-2-019, BRA-2020-2-011 Data, correction, right
BRA-2020-2-019 Data, personal
SVK-2020-2-001 Data, personal, protection
BRA-2020-2-011 Data, telecommunications
SVK-2020-2-001 Data, use, purpose limitation, principle
BRA-2020-2-011 Debt, enforcement
BIH-2020-2-002 Debtor, property, third parties
BIH-2020-2-002 Denial, request for information, private entity
HUN-2020-2-001 Deportation centres, foreigners, treatment
TUR-2020-2-001 Deportation, foreigners
TUR-2020-2-001 Deposit Insurance Fund
BRA-2020-2-013 Deposit, amount, socially oriented
BRA-2020-2-013 Deposits, insurance
AZE-2020-2-004 Derogatory statements, criminal conviction
GER-2020-2-012 Detainees, distinction between adults and children
IRL-2020-2-005, IRL-2020-2-003 Detainees, equality of treatment
IRL-2020-2-003, IRL-2020-2-005 Detainees, remission
IRL-2020-2-005, IRL-2020-2-003 Detention
ECJ-2020-2-011 Detention order, extension, reason
CRO-2020-2-002 Detention, administrative
ECJ-2020-2-009 Detention, alternatives
ITA-2020-2-008 Detention, conditions, international zone
ECJ-2020-2-009 Detention, legality
IRL-2020-2-002 Deviation of power
BRA-2020-2-013 Digital information
BEL-2020-2-003 Diplomat
BRA-2020-2-017 Diplomat, Accreditation
BRA-2020-2-017 Diplomatic Relations, Establishment
BRA-2020-2-017 Disability, persons, rights
BRA-2020-2-010 Disabled person, benefit, right
BRA-2020-2-010 Disabled person, social assistance
BRA-2020-2-010 Disabled person, social assistance, entitlement
BRA-2020-2-010 Disabled person, social assistance, entitlement, conditions
BRA-2020-2-010 Disabled person, welfare benefit, urgent need
BRA-2020-2-010 Discrimination, children born outside marriage
GER-2020-2-013 Discrimination, nationality
ECJ-2020-2-010 Discrimination, parentage
GER-2020-2-013 Discussion, employers, employees
KOR-2020-2-006 Disease, infectious
BRA-2020-2-012, BRA-2020-2-013, BRA-2020-2-014, BRA-2020-2-010, BRA-2020-2-019, BRA-2020-2-016 Dismissal, notice period, length of service
SWE-2020-2-006 Dismissal, obligatory period
BRA-2020-2-016 Dispute, competence, central government, local government
BRA-2020-2-012 Disputes, arbitration, referral, possibility
BLR-2020-2-002 Division of powers
BRA-2020-2-012 Due process, substantive, principle
CZE-2020-2-002 Economic and financial crisis
BRA-2020-2-015 Economic and financial situation, extremely difficult
BRA-2020-2-015 Economic organisation, profit, transfer
UKR-2020-2-013 Economic organization, members, rights
UKR-2020-2-013 Economic policy, measure
BRA-2020-2-015 Economic situation, adjustment
BRA-2020-2-015 Economy, transition period
BRA-2020-2-015 Education in minority language, right
CAN-2020-2-002 Education program, government, financial assistance
BRA-2020-2-013 Education, neutrality
BEL-2020-2-006 Education, quality of instruction in minority language
CAN-2020-2-002 Education, religious symbol, wearing
BEL-2020-2-006 Education, State, duty
BRA-2020-2-013 Effective remedy
BEL-2020-2-002 Elderly person
BRA-2020-2-010 Elected offices, equal access, right
MEX-2020-2-016 Election campaign, door-to-door visit
KOR-2020-2-005 Election crime, offender
MEX-2020-2-018 Election law
MEX-2020-2-016 Election local
MEX-2020-2-016 Election to Parliament, law
BRA-2020-2-016 Election, association
BRA-2020-2-016 Election, campaign expense, ceiling
MEX-2020-2-020 Election, campaign financing
MEX-2020-2-020 Election, campaign, expenditure limitation
MEX-2020-2-020 Election, candidacy
MEX-2020-2-014 Election, candidacy, presentation by political party, requirement
BRA-2020-2-016 Election, candidate
MEX-2020-2-022 Election, candidate list, holder, status
BRA-2020-2-016 Election, candidate, equal opportunity
MEX-2020-2-020 Election, candidate, independent
MEX-2020-2-022, MEX-2020-2-017 Election, candidate, presentation
MEX-2020-2-015 Election, candidate, procedure registration
BRA-2020-2-016 Election, candidate, registration
MEX-2020-2-017, MEX-2020-2-022 Election, candidate, registration procedure
MEX-2020-2-016 Election, candidate, requirement
MEX-2020-2-016 Election, candidate, status, office-holder, relationship
MEX-2020-2-016 Election, candidature
MEX-2020-2-022, MEX-2020-2-017, MEX-2020-2-014 Election, candidature, equity
MEX-2020-2-020 Election, candidature, independent
MEX-2020-2-020 Election, coalition
MEX-2020-2-014 Election, conditions
MEX-2020-2-014 Election, electoral coalition
MEX-2020-2-014 Election, Electoral Code, Constitution
BRA-2020-2-016 Election, electoral list, quota, sex
BRA-2020-2-016 Election, fairness, equal suffrage
FRA-2020-2-007 Election, independent candidate, financing, private, limitation
MEX-2020-2-020 Election, local, candidate
MEX-2020-2-016 Election, local, law
MEX-2020-2-016 Election, municipality
BRA-2020-2-016 Election, party, candidates, list, gender, balance
BRA-2020-2-016 Election, propaganda
MEX-2020-2-015 Election, propaganda, prohibition
MEX-2020-2-015 Election, proselytism, prohibition
MEX-2020-2-015 Election, residency period, requirement
BRA-2020-2-016 Election, vote, citizen, COVID-19, diagnosis
CRO-2020-2-004 Election, vote, outside polling station
CRO-2020-2-004 Election, voter’s address
MEX-2020-2-018 Electoral law, infringement
MEX-2020-2-018 Electoral rights
MEX-2020-2-016 Electoral rights, eligibility
MEX-2020-2-016 Electoral rules, breach
MEX-2020-2-018 Electoral tourism
MEX-2020-2-018 Electorate, convocation
MEX-2020-2-015 Emergency measure
BRA-2020-2-015 Emergency measures, authorities, framework, regulation
MDA-2020-2-004 Emergency, assistance
BRA-2020-2-013, BRA-2020-2-014 Emergency, ongoing
BRA-2020-2-013, BRA-2020-2-014 Emergency, state, rule of law
BRA-2020-2-015 Employment, home office
AUT-2020-2-002 Enforcement of sentences
ITA-2020-2-008 Enforcement proceedings
RUS-2020-2-005 Enforcement, interest, calculation
MKD-2020-2-002 Entry ban, ban on operation
AUT-2020-2-003 Environment, collective action, amparo action
ARG-2020-2-002 Environment, precautionary measure
ARG-2020-2-002 Environmental protection, ecosystem, degradation
ARG-2020-2-002 Epidemic diseases, rules, non-compliance, penalties
MDA-2020-2-005 Epidemic, pandemic, Covid-19, public health, protection, self-isolation, publication, name, address
MNE-2020-2-001 European arrest warrant
SWE-2020-2-007 European Union law, application
ECJ-2020-2-010 Evaluation, legally significant facts
BRA-2020-2-013 Event, public, organisation
RUS-2020-2-004 Evidence, new, admissibility
LIE-2020-2-002 Evidence, tax information, restrictions
MDA-2020-2-007 Ex injuria jus non oritur (illegal acts cannot create law)
LTU-2020-2-006 Ex parte application, duty of candour
IRL-2020-2-002 Ex parte application, duty of utmost good faith
IRL-2020-2-002 Exchange of objects among inmates, special rules for inmates involved in criminal organisations
ITA-2020-2-010 Executive inscription, notary
UKR-2020-2-011 Executive power, accountability
BRA-2020-2-015 Executive power, Federal President, integrative task of the office
BRA-2020-2-015 Executive, confidential decision making, judicial review
CAN-2020-2-005, CAN-2020-2-004 Executive, confidential document, disclosure
CAN-2020-2-005, CAN-2020-2-004 Executive, power, competences, scope
BRA-2020-2-012 Expediency, requirement
CRO-2020-2-002 Expenditure, exceptional
BRA-2020-2-015 Expenditure, not provided for by law
BRA-2020-2-015 Expired legislation, temporal applicability, short, challenge, legal interest
AUT-2020-2-002 Expired rights, restoration
HUN-2020-2-002 Expulsion
BRA-2020-2-017 Extradition for crimes
SWE-2020-2-008, SWE-2020-2-007 Extremism, right-wing
GER-2020-2-020 Faith, assessment, courts
GER-2020-2-009 Financial control
BRA-2020-2-010 Financial mean, principle
BRA-2020-2-010 Fishing Rights
SWE-2020-2-005 Foetal life, protection
KOR-2020-2-004 Foetus, viability
KOR-2020-2-004 Foreigner
CZE-2020-2-002 Foreseeable consequence
ITA-2020-2-007 Forest, protection
BRA-2020-2-013 Free collective bargaining
GER-2020-2-021, GER-2020-2-018 Freedom of action, business
GER-2020-2-021 Freedom of expression
MEX-2020-2-021, MEX-2020-2-019, MEX-2020-2-015 Freedom of expression, exception
MEX-2020-2-021 Freedom of expression, holder of rights
MEX-2020-2-021 Freedom of expression, limitation, due to employment contract
MEX-2020-2-021 Freedom of labour coalitions, negative
GER-2020-2-021 Freedom of movement
KOS-2020-2-002 Freedom of movement, temporary restriction, access, second residence
AUT-2020-2-002 Freedom, agreement
AZE-2020-2-004 Fundamental right, interpretation, more favourable to effectiveness
CZE-2020-2-002 Fundamental right, protection
BRA-2020-2-012 Fundamental right, protection, effectiveness
CZE-2020-2-002 Fundamental rights and freedoms, limitation
KOS-2020-2-002 Funds, sickness
BRA-2020-2-015 Gender
MEX-2020-2-019 Gender equality, combating sexism
MEX-2020-2-019 Gender stereotyping
MEX-2020-2-019 Genetic testing, prohibition
CAN-2020-2-003 Government
KOS-2020-2-002 Government act, legitimate purpose
BRA-2020-2-015 Government bonds, foreign, default
GER-2020-2-010 Government members, neutrality, principle
GER-2020-2-016 Government members, political statements
GER-2020-2-016 Government purpose, legitimate
BRA-2020-2-015 Government, authorisation
BRA-2020-2-015 Government, emergency decree, exceptional circumstances, interpretation
BRA-2020-2-015 Government, emergency order
BRA-2020-2-015 Grounds, socioeconomic
KOR-2020-2-004 Habeas corpus, abuse of process
IRL-2020-2-002 Headscarf, wearing, ban
BEL-2020-2-006 Health care, public office
BRA-2020-2-014, BRA-2020-2-019 Health care, public service
BRA-2020-2-013 Health care, right
BRA-2020-2-019, BRA-2020-2-014, BRA-2020-2-013 Health data, data processing, legal basis, consent
MNE-2020-2-001 Health protection, system
BRA-2020-2-013, BRA-2020-2-014, BRA-2020-2-019, BRA-2020-2-010 Health situation, worsening
BRA-2020-2-019, BRA-2020-2-010, BRA-2020-2-014, BRA-2020-2-013 Health system, direct assistance
BRA-2020-2-013, BRA-2020-2-014, BRA-2020-2-019 Health, effective protection
BRA-2020-2-010 Health, protection, effective
BRA-2020-2-012 Health, protection, program, Government
BRA-2020-2-013 Health, protection, programme, governmental
BRA-2020-2-014 Health, public health, public interest
BRA-2020-2-010, BRA-2020-2-019, BRA-2020-2-012, BRA-2020-2-014, BRA-2020-2-013 Hearing
MEX-2020-2-017 Hearing, investigative
MEX-2020-2-017 Hearing, postponement, infectious disease (COVID-19,) pandemic
CRO-2020-2-002 Hearing, right
MEX-2020-2-017 Hearing, right, obligation to cover all arguments
MEX-2020-2-017 Higher education, access
BEL-2020-2-006 Home schooling
SUI-2020-2-004 Honour and dignity, defence
CZE-2020-2-003 Household, same, different
AUT-2020-2-002 Hunting Rights
SWE-2020-2-005 Immunity, act, sovereign
GER-2020-2-010 Impartiality, objective
BEL-2020-2-001 Independence, judiciary, encroachment
UKR-2020-2-015 Information, access, denial
BRA-2020-2-011, BRA-2020-2-019 Information, access, limit
BRA-2020-2-011 Information, access, reasonable
BRA-2020-2-019, BRA-2020-2-011 Information, accuracy
BRA-2020-2-019 Information, disclosure
BRA-2020-2-019, BRA-2020-2-011 Information, disclosure by the federal government
BRA-2020-2-019 Information, duty to provide
BRA-2020-2-011 Information, obligation to provide
BRA-2020-2-011, BRA-2020-2-019 Information, right
BRA-2020-2-011, BRA-2020-2-019 Informational self-determination, right
GER-2020-2-015 Insolvency proceedings, fees, payment
MDA-2020-2-003 Institutional referral
KOS-2020-2-003, KOS-2020-2-002 Insult, criminal liability
GER-2020-2-012 Insurance, couverture
ECJ-2020-2-010 International agreement
MDA-2020-2-001 International agreement, validity, evaluation
BRA-2020-2-013 International agreements, priority
BRA-2020-2-013 Internet, anonymity, right
GER-2020-2-015 Internet, social media, violence, illegal content
FRA-2020-2-008 Investigating judge, role
BEL-2020-2-002 Involuntary hospitalisation
FRA-2020-2-009 IP address
GER-2020-2-015 Issues of national importance
LTU-2020-2-006 Judge, impartiality
BEL-2020-2-001 Judge, provincial court, remuneration
CAN-2020-2-005, CAN-2020-2-004 Judge, qualifications
BEL-2020-2-001 Judge, remuneration, change
CAN-2020-2-005, CAN-2020-2-004 Judge, remuneration, reduction, coronavirus
UKR-2020-2-015 Judge, substitute
BEL-2020-2-001 Judgment, "knowingly unjust", criminal liability
UKR-2020-2-007 Judicial protection, right
AZE-2020-2-003 Judicial Review of other State Powers
BRA-2020-2-017 Judicial review, administrative decision
BRA-2020-2-013 Jurisdiction, exclusive competence
BRA-2020-2-013 Jurisdiction, immunity
GER-2020-2-010 Labour law
GER-2020-2-018 Labour rights
SWE-2020-2-006 Land, right of use
HUN-2020-2-002 Law, regional, prohibition
RUS-2020-2-004 Legal act, failure to observe, liability, administrative, criminal
BRA-2020-2-018 Legal norms, predictability
ROM-2020-2-001 Legitimate aim
KOS-2020-2-002 Legitimate expectation
UKR-2020-2-009 Legitimate expectation, protection
GER-2020-2-019 Lengths of service
ITA-2020-2-012 Liability for negligence
BRA-2020-2-018 Liability, civil servant
BRA-2020-2-018 Liability, state, civil
BRA-2020-2-018 Liability, State, condition
ECJ-2020-2-012 Liability, state, pecuniary
BRA-2020-2-018 Liability, State, qualified fault
BRA-2020-2-018 Limitation of rights, former conviction
LTU-2020-2-005 Limitation of rights, time
LTU-2020-2-005 Limitation of rights, weapon, acquisition, permit
LTU-2020-2-005 Mass media
CZE-2020-2-003 Media, accurate information
CZE-2020-2-003 Media, advertising, political
MEX-2020-2-019 Media, audiovisual
MEX-2020-2-019 Media, broadcasting, freedom
MEX-2020-2-019 Media, defamation
CZE-2020-2-003 Media, freedom of expression, limits
MEX-2020-2-019 Media, newspaper, Publisher
CZE-2020-2-003 Media, press law, violation, definition
CZE-2020-2-003 Media, press, act
CZE-2020-2-003 Media, press, in a wider sense
CZE-2020-2-003 Media, right to reply
CZE-2020-2-003 Medical malpractice
CRO-2020-2-003 Medical treatment, evidence
CRO-2020-2-003 Migrant rights
IAC-2020-2-001 Migrant, reception centres
IAC-2020-2-001 Minimum wage
KOR-2020-2-006 Minimum Wage Commission, Ministry of Employment and Labour
KOR-2020-2-006 Minimum wage system, purpose
KOR-2020-2-006 Minimum wage, business type, region
KOR-2020-2-006 Minimum wage, key labour and economic indices
KOR-2020-2-006 Minimum wage, setting, requirement
KOR-2020-2-006 Minors, detention
IRL-2020-2-003, IRL-2020-2-005 Motion of no confidence
KOS-2020-2-003 Municipal committees, alteration, diversity
CRC-2020-2-001 National Coordinating Body for Communicable Diseases
MNE-2020-2-001 National, third-country
ECJ-2020-2-009 Non-custodial measures
ITA-2020-2-008 Norms, legal certainty
MKD-2020-2-002 Offence, criminal register, entry
UKR-2020-2-008 Official minority language educational rights, violation, remedies, damages
CAN-2020-2-002 Offshore wind energy
GER-2020-2-019 Offshore wind farm, establishment
GER-2020-2-019 Outbreak, fire, irregular
ARG-2020-2-002 Pandemic, COVID-19
SVK-2020-2-001 Parliament
KOS-2020-2-002 Parliament, ability to function, protection
BRA-2020-2-009 Parliament, act
BRA-2020-2-009 Parliament, action, internal
BRA-2020-2-009 Parliament, commission, functioning
BRA-2020-2-009 Parliament, committee, competences
BRA-2020-2-009 Parliament, investigative committee, power, scope
LTU-2020-2-006 Parliament, member, freedom to exercise office
GER-2020-2-017 Parliament, member, incompatibility, other activity
BRA-2020-2-016 Parliament, member, office, police intrusion
GER-2020-2-017 Parliament, power, restriction
BRA-2020-2-009 Parliament, Senate, regulation
BRA-2020-2-009 Parliamentary democracy, principle
BRA-2020-2-009 Parliamentary rule, legal force
BRA-2020-2-009 Patient
CRO-2020-2-003 Pension rights, division, divorce
GER-2020-2-014 Permanent employment contracts, increasing protection over time, compensation for dismissals, amount
ITA-2020-2-012 Persecution, abuse, based on gender, risk to life and freedom
SWE-2020-2-008 Personal data, admissibility, criminal trial
IRL-2020-2-001 Personal data, collection
FRA-2020-2-006 Personal data, police force, access
IRL-2020-2-001 Personal data, retention
IRL-2020-2-001 Personal privacy, right
BRA-2020-2-011 Personality, right of
GER-2020-2-012 Personality, right to protection
CZE-2020-2-003 Policy, maternal protection
KOR-2020-2-004 Political competition, equal opportunities
GER-2020-2-016 Political parties
MEX-2020-2-014 Political parties, equal participation, right
GER-2020-2-016 Political party, affiliation, prohibition to communicate
MEX-2020-2-021 Political party, member, compulsory dismissal
MEX-2020-2-021 Political party, membership
MEX-2020-2-021 Political party, membership, conditions
MEX-2020-2-021 Political party, membership, ground for dismissal
MEX-2020-2-021 Political party, racist
GER-2020-2-020 Political, criticism
MEX-2020-2-019 Possession since time immemorial, custom, burden of proof, relaxation, assumption, reasonable
SWE-2020-2-005 Pregnancy, first trimester
KOR-2020-2-004 Prerogatives, law-making, clarity, accuracy
ROM-2020-2-001 Preservation of evidence
SWE-2020-2-009 President, Individual Law, Control
BRA-2020-2-017 President, Power, Delegation
BRA-2020-2-017 President, Powers
BRA-2020-2-017 President, Powers, Delegation
BRA-2020-2-017 Preventive measures
FRA-2020-2-010 Prime Minister, candidate, appointment
KOS-2020-2-003 Principle of solidarity
ITA-2020-2-011 Prison conditions
SWE-2020-2-007 Proceedings, mootness
IRL-2020-2-004 Project, state importance
BRA-2020-2-013 Propaganda, electoral
MEX-2020-2-019 Proportionality
KOS-2020-2-002 Prosecutor, inaction, challenge
UKR-2020-2-008 Protection, personal data
ECJ-2020-2-013 Provincial funding of minority language education system
CAN-2020-2-002 Provisional measure
BRA-2020-2-018, BRA-2020-2-009, BRA-2020-2-011 Provisional measure, nature
BRA-2020-2-009 Public health emergency
FRA-2020-2-007, FRA-2020-2-006 Public international law and foreign relations
GER-2020-2-010 Public notice, legal nature
KOR-2020-2-006 Public office, plurality, incompatibility
BRA-2020-2-016 Public order, disturbance
FRA-2020-2-008, FRA-2020-2-010 Public place, access, restriction, entry ban, exception, professional duties, necessary basic needs
AUT-2020-2-002 Public place, outdoors, indoors
AUT-2020-2-002 Public power, exercise
KOR-2020-2-006 Public prosecutor, role
BEL-2020-2-002 Public servant, integrity
BRA-2020-2-018 Public transport, strike, restriction
BEL-2020-2-005 Recording, audio, video, court session, rights
BLR-2020-2-001 Referral by 30 deputies
KOS-2020-2-002 Refugee rights adequate accommodation
ECJ-2020-2-011 Refugee status
SWE-2020-2-008 Refugee status, recognition, religious conversion
GER-2020-2-009 Refugee, applicant, expulsion, persecution, risk, burden of proof
LIE-2020-2-002 Refugee, applicant, expulsion, suicide, risk
LIE-2020-2-002 Refugee, status, religious persecution
GER-2020-2-009 Registration with Bar Association, denial, former prosecutor
TUR-2020-2-003 Release, conditional, refusal to facilitate
IRL-2020-2-004 Remission
IRL-2020-2-003 Resolution of dispute clause, absence
MDA-2020-2-001 Responsibility, authority
BRA-2020-2-012, BRA-2020-2-010, BRA-2020-2-019 Responsibility, constitutional
BRA-2020-2-019, BRA-2020-2-012, BRA-2020-2-010 Retroactive effect
HUN-2020-2-002 Retroactive effect, quasi
GER-2020-2-019 Right of collective bargaining, right to collective action
BEL-2020-2-005 Right to court, scope
CZE-2020-2-002 Right to drive, intoxicating substances, sanction, ban
LTU-2020-2-007 Right to health
IAC-2020-2-001 Right to property, compensation for loss of earnings, economic support measures
AUT-2020-2-003 Rights, fundamental
CZE-2020-2-002, CZE-2020-2-003 Rights, fundamental, protection, administrative proceedings
CZE-2020-2-002 Rights, judicial protection
CZE-2020-2-002 Rule of law, prohibition of arbitrariness
BEL-2020-2-002 Rule-making, delegated
KOR-2020-2-005 Sami
SWE-2020-2-005 School, minority language, location
CAN-2020-2-002 Seclusion, psychiatric care
FRA-2020-2-009 Sentence, necessity, principle
FRA-2020-2-010 Separation of powers
KOS-2020-2-003 Shortcomings, legislative process
MDA-2020-2-001 Social assistance, entitlement, condition
BRA-2020-2-010 Social assistance, payment, source
BRA-2020-2-010 Social benefits and assistance, amount
BRA-2020-2-010 Social housing, eligibility, requirement, prior residence, prior gainful activity
ITA-2020-2-009 Social welfare
BRA-2020-2-010 Sovereignty, equal, between federal states
BRA-2020-2-014 Sovereignty, interference with
GER-2020-2-010 Special pensions
UKR-2020-2-009 Squatter, eviction
BEL-2020-2-004 Stability, wage
KOR-2020-2-006 State authorities, conflict
BRA-2020-2-014 State authorities, distribution of power
BRA-2020-2-014 State of emergency
ROM-2020-2-001 State of emergency, declaration
SRB-2020-2-002 State property, management
UKR-2020-2-013 State witness, commitment
BEL-2020-2-002 State, duty to protect fundamental rights and freedoms
BRA-2020-2-014 State, duty to protect life
BRA-2020-2-014 State, duty, protection of life and safety
BRA-2020-2-012 State, neutrality
GER-2020-2-018 State, responsibility
BRA-2020-2-015 State, social guarantee
BRA-2020-2-015 Strike, continuity of services
BEL-2020-2-005 Strike, location
GER-2020-2-021 Strike, strike-breakers, ban
GER-2020-2-018 Subscriber data, storage
GER-2020-2-015 Surrender
SWE-2020-2-007 Surveillance, strategic
GER-2020-2-011 Surveillance, telecommunications, foreign
GER-2020-2-011 Telephones, cell
BRA-2020-2-011 Temporal effect, declaration of invalidity
IRL-2020-2-001 Terrorist acts, committed abroad, foreign national
NOR-2020-2-007 Third party, mortgage, property, right, transfer, consequences
UKR-2020-2-012 Third-country national
ECJ-2020-2-011 Transfer of businesses
SWE-2020-2-006 Transfer of data, third-countries
ECJ-2020-2-013 Transfer of undertakings
SWE-2020-2-006 Transparency, administrative
BRA-2020-2-019 Transparency, principle
BRA-2020-2-019 Transparency, public administration
BRA-2020-2-019 Travel, restriction, duration, insolvency proceedings
MDA-2020-2-006 Treatment or punishment, cruel and unusual
CZE-2020-2-002 University, professional duties, access, library
AUT-2020-2-002 Unmarried fathers, parental responsibility
KOR-2020-2-004 Unmarried mothers, protection
KOR-2020-2-004 Vaccines, recommended, compensation for harms
ITA-2020-2-011 Vienna Convention on Consular Relations, effectiveness
BRA-2020-2-017 Violation, right, absence of involvement, case examination
AZE-2020-2-003 Voters, permanent residence
MEX-2020-2-018 Web host, civil and criminal liability, exemption from liability
FRA-2020-2-008 Wiretapping, interception of communication, compensation
TUR-2020-2-002 Work, arbitrators
BLR-2020-2-002 Workplace pensions
GER-2020-2-014