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e-Bulletin on Constitutional Case-Law
2021/1
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”)
October 2021
ALG-2021-1-001 a) Algeria / b) Constitutional Council / c) / d) 01.06.2019 / e) DCC/20 / f) /
The right of citizens freely to choose their President and their representatives in the various assemblies is guaranteed by the Constitution. Their right to safety is also guaranteed. The cancellation of the presidential election and the institutional vacuum resulting from the rejection of applications to stand in the election of 4 July 2019 may undermine fundamental rights and public... Read more
3.3.2
General Principles - Democracy - Direct democracy.
4.4.4.3
Institutions - Head of State - Appointment - Direct/indirect election.
4.4.5.2
Institutions - Head of State - Term of office - Duration of office.
Presidential election / Constitution, spirit / Continuity of operation of constitutional institutions / Public safety, public order.
ALG-2021-1-002 a) Algeria / b) Constitutional Council / c) / d) 20.11.2019 / e) 01/DCC/EI / f) /
The right of appeal is guaranteed. The right of appeal to a higher court in criminal matters must be guaranteed by law, which must lay down the arrangements for its implementation.
While the legislature has the power to determine the arrangements, it is for the Constitutional Council alone to assess their constitutionality in relation to the rights and freedoms enshrined in the Constitution and... Read more
3.21
General Principles - Equality.
5.2.1.2.2
Fundamental Rights - Equality - Scope of application - Employment - In public law.
5.3.13.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
Court, higher appeal court / Fair trial, appeal, right.
ALG-2021-1-003 a) Algeria / b) Constitutional Council / c) / d) 10.01.2021 / e) 01/DCC/EI / f) /
The principle of equality before the law and justice is enshrined in the Constitution.
While the legislature has the power to determine the relevant arrangements, it is for the Constitutional Council alone to assess their constitutionality in relation to the rights and freedoms enshrined in the Constitution and to ensure that these procedural arrangements do not infringe the right of appeal to a... Read more
3.21
General Principles - Equality.
5.2.1.2.2
Fundamental Rights - Equality - Scope of application - Employment - In public law.
5.3.13.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
Court, higher appeal court / Fair trial, appeal, right.
ALG-2021-1-004 a) Algeria / b) Constitutional Council / c) / d) 10.03.2021 / e) 16/DCC/21 / f) /
The power assigned by the legislature to the Council of the Independent National Elections Authority to issue opinions on draft legislation relating to elections must not restrict the institutions with the power to prepare such legislation. The authority may nevertheless make proposals and recommendations concerning such draft legislation.
Appeals against the decisions of the Oversight... Read more
3.9
General Principles - Rule of law.
4.9.1
Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting.
4.9.8.1
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing.
5.2
Fundamental Rights - Equality.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
Elections, legislative, eligibility, voters’ list, results, provisional, final / Detention, crimes, involuntary, financing, election campaign.
ARG-2021-1-001 a) Argentina / b) Supreme Court / c) / d) 18.03.2021 / e) CAF 28786/2015/CA1-CS1/ f) Mihura Estrada, Ricardo and others v. Colegio Público de Abogados de la Capital Federal s/ amparo ley 16.986 / f) /
An extraordinary appeal is formally admissible when the interpretation of federal regulations is challenged and when the final decision of a higher court is contrary to the right the appellant has based their claim on (Section 14.3 of Public Law no. 48 of Argentina).
The right to access information includes an individual right of every person to seek information and a positive obligation of the... Read more
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
3.18
General Principles - General interest.
4.7.15.1
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar.
4.15
Institutions - Exercise of public functions by private bodies.
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.
5.3.25.1
Fundamental Rights - Civil and political rights - Right to administrative transparency - Right of access to administrative documents.
Non-governmental legal person of public law, power, delegation / Public Bar Association of the Federal Capital.
ARM-2021-1-001 a) Armenia / b) Constitutional Court / c) / d) 02.03.2021 / e) DCC-1579 / f) Conformity of Article 145.1 of the Administrative Procedure Code with the Constitution, based on the application of RATINA LLC /
In terms of the administration of justice, it is not only the court's conclusion on the satisfaction or rejection of a claim which is important. Of equal significance is the legal analysis that has served as the basis for that conclusion. The lack of competence of the Court of Appeal to consider complaints solely in respect of the reasoning part of the contested judicial act fails to safeguard... Read more
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Court decision, reasoning, appeal.
AUT-2021-1-001 a) Austria / b) Constitutional Court / c) / d) 04.03.2021 / e) E 4037/2020 / f) /
Article 10.1 ECHR may, under certain conditions, justify a right of access to information in individual cases. The rejection of a journalist's request for information about continued salary payments to former members of the National Council violates the journalist’s right of access to information. Such continued payments cannot be viewed separately from the former mandate; therefore, there is an... Read more
3.17
General Principles - Weighing of interests.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
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.
Journalist, public watchdog / Journalists, access to information / Information, access / Legitimate interest / Member of Parliament, public office, private life.
AZE-2021-1-001 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 08.01.2021 / e) / f) Interpretation of Articles 1193 and 1200 of the Civil Code /
The right of first-degree heirs to inherit by law a mandatory share in an inheritance is a subjective right that arises independently of a will. It will come into play as a result of a breach of the rights of the heirs. It cannot be changed unilaterally and is binding.
3.10
General Principles - Certainty of the law.
5.3.13.20
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle.
Inheritance, mandatory share / Right to inherit.
AZE-2021-1-002 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 18.03.2021 / e) / f) Verification of conformity of the Decision of the Civil Chamber of the Supreme Court, 29 June 2020, in the appeal by E. Shahbazov with the Constitution and laws /
A court’s refusal to reconsider a dispute over an inheritance issue was in breach of the right to apply to court, the adversarial principle and of the right to property.
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.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Probate, dispute.
BLR-2021-1-001 a) Belarus / b) Constitutional Court / c)
BEL-2021-1-001 a) Belgium / b) Constitutional Court / c) / d) 14.01.2021 / e) 2/2021 / f) / BEL-2021-1-002 a) Belgium / b) Constitutional Court / c) / d) 11.02.2021 / e) 22/2021 / f) / BEL-2021-1-003 a) Belgium / b) Constitutional Court / c) / d) 22.04.2021 / e) 57/2021 / f) / BEL-2021-1-004 a) Belgium / b) Constitutional Court / c) / d) 22.04.2021 / e) 60/2021 / f) /
BIH-2021-1-001 a) Bosnia and Herzegovina / b) Constitutional Court / c) Grand Chamber / d) 10.11.2020 / e) AP 809/19 / f) / BIH-2021-1-002 a) Bosnia and Herzegovina / b) Constitutional Court / c) Grand Chamber / d) 22.12.2020 / e) AP 3683/20 / f) /
BRA-2021-1-001 a) Brazil / b) Supreme Court / c) Full Court / d) 18.12.2020 / e) Direct Action of Unconstitutionality 6575 (ADI 6575) / f) School tuition discounts during the COVID-19 pandemic / BRA-2021-1-002 a) Brazil / b) Supreme Court / c) Full Court / d) 11.02.2021 / e) Extraordinary Appeal 1010606 (RE 1010606) / f) There is no right to be forgotten in the Constitution / BRA-2021-1-003 a) Brazil / b) Supreme Court / c) Full Court / d) 23.02.2021 / e) Claim of Non-Compliance with a Fundamental Precept 742 (ADPF 742) / f) The government has the duty to elaborate and implement a plan to face the COVID-19 pandemic in quilombola communities / BRA-2021-1-004 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 23.02.2021 / e) Confirmation of the Provisional Remedy on BRA-2021-1-005 a) Brazil / b) Supreme Court / c) Full Court / d) 24.02.2021 / e) Confirmation of the Provisional Remedy in the Claim of Non-compliance with a Fundamental Precept 770 (ADPF 770 MC-Ref) / f) States, Federal District and municipalities may provide their respective populations with vaccines under certain circumstances / BRA-2021-1-006 a) Brazil / b) Supreme Court / c) Full Court / d) 26.02.2021 / e) Confirmation of the Second Provisional Remedy in the Claim of Non-compliance with a Fundamental Precept 754 (ADPF 754 MC-Ref) / f) The need to edit and publicise criteria of vaccination, by population classes, in the National Plan of Immunisation / BRA-2021-1-007 a) Brazil / b) Supreme Court / c) Full Court / d) 27.02.2021 / e) Claim of Non-Compliance with a Fundamental Precept 336 (ADPF 336) / f) Prisoners are not guaranteed a minimum wage in the same amount as people who do not serve time / BRA-2021-1-008 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 05.03.2021 / e) Confirmation of an Urgent Provisional Remedy on a Direct Action of Unconstitutionality 6625 (ADI 6625 MC-Ref) / f) The emergency measures against Covid-19 must continue in 2021 / BRA-2021-1-009 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 12.03.2021 / e) Direct Action of Unconstitutionality 6442 (ADI 6442) / f) The federative program for coping with coronavirus is constitutional / BRA-2021-1-010 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 22.03.2021 / e) Confirmation of an Urgent Provisional Relief on a Claim of Non-compliance with a Fundamental Precept 756 (ADPF 756 TPI-Ref) / f) Required an order to compel the Central Government to provide the State of Amazonas with the necessary medical supplies to face the state of public calamity of COVID-19 / BRA-2021-1-011 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 07.04.2021 / e) Direct Action of Unconstitutionality 6432 (ADI 6432) / f) A state law that prohibits cutting off electricity during a pandemic is constitutional / BRA-2021-1-012 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 08.04.2021 / e) Claim of Non-Compliance with a Fundamental Precept 811 (ADPF 811) / f) Inherent risks of in-person worship during the pandemic / BRA-2021-1-013 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 12.04.2021 / e) Direct Action of Unconstitutionality 5258 (ADI 5258) / f) The State cannot maintain Bibles in public schools and libraries /
CAN-2021-1-001 a) Canada / b) Supreme Court / c) / d) 25.03.2021 / e) 38663, 38781, 39116 / f) References re Greenhouse Gas Pollution Pricing Act / CAN-2021-1-002 a) Canada / b) Supreme Court / c) / d) 23.04.2021 / e) 38734 / f) R. v. Desautel /
ECH-2021-1-001 a) Council of Europe / b) European Court of Human Rights / c) Section I / d) 10.12.2020 / e) 56751/16 and 33762/17 / f) Shiksaitov v. Slovakia / ECH-2021-1-002 a) Council of Europe / b) European Court of Human Rights / c) Section 1 / d) 17.12.2020 / e) 73544/14 / f) Mile Novakovic v. Croatia / ECH-2021-1-003 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 14.01.2021 / e) 20958/14, 38334/18 / f) Ukraine v. Russia (re: Crimea) / ECH-2021-1-004 a) Council of Europe / b) European Court of Human Rights / c) First Section / d) 14.01.2021 / e) 50231/13 / f) Sabalic v. Croatia / ECH-2021-1-005 a) Council of Europe / b) European Court of Human Rights / c) Third Section / d) 19.01.2021 / e) 14065/15 / f) Lacatus v. Switzerland / ECH-2021-1-006 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 21.01.2021 / e) 38263/08 / f) Georgia v. Russia (II) / ECH-2021-1-007 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 02.02.2021 / e) 22457/16 / f) X and others v. Bulgaria / ECH-2021-1-008 a) Council of Europe / b) European Court of Human Rights / c) First Section / d) 04.02.2021 / e) 54711/15 / f) Jurcic v. Croatia / ECH-2021-1-009 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 16.02.2021 / e) 4871/16 / f) Hanan v. Germany / ECH-2021-1-010 a) Council of Europe / b) European Court of Human Rights / c) Fourth Section / d) 16.02.2021 / e) 77587/12, 74603/12 / f) V.C.L. and A.N. v. United Kingdom / ECH-2021-1-011 a) Council of Europe / b) European Court of Human Rights / c) Fourth Section / d) 16.02.2021 / e) 12567/13 / f) Budinova and Chaprazov v. Bulgaria and Behar and Gutman v. Bulgaria / ECH-2021-1-012 a) Council of Europe / b) European Court of Human Rights / c) Fifth Section / d) 18.02.2021 / e) 65583/13, 70106/13 / f) Azizov and Novruzlu v. Azerbaijan / ECH-2021-1-013 a) Council of Europe / b) European Court of Human Rights / c) Fifth Section / d) 25.03.2021 / e) 40324/16, 12623/17 / f) Bivolaru and Moldovan v. France / ECH-2021-1-014 a) Council of Europe / b) European Court of Human Rights / c) Fourth Section / d) 30.03.2021 / e) 37801/16 and 2 others / f) Ribcheva and Others v. Bulgaria /
CRO-2021-1-001 a) Croatia / b) Constitutional Court / c) / d) 23.02.2021 / e) U-II-5709/2020 CRO-2021-1-002 a) Croatia / b) Constitutional Court / c) / d) 23.02.2021 / e) U-II-6087/2020 CRO-2021-1-003 a) Croatia / b) Constitutional Court / c) / d) 23.03.2021 / e) U-I-663/2020 / f) / CRO-2021-1-004 a) Croatia / b) Constitutional Court / c) / d) 23.03.2021 / e) U-I-1039/2021 CRO-2021-1-005 a) Croatia / b) Constitutional Court / c) / d) 23.03.2021 / e) U-II-2492/2017
CZE-2021-1-001 a) Czech Republic / b) Constitutional Court / c) Plenum / d) 02.02.2021 / e) Pl. ÚS 44/17 / f) Constitutionality of the Electoral Act (equality of votes and of the right to vote and equal opportunities for parties and coalitions standing in elections) / CZE-2021-1-002 a) Czech Republic / b) Constitutional Court / c) Plenum / d) 09.02.2021 / e) Pl. ÚS 106/20 / f) State of emergency declared in response to Covid-19 pandemic – restrictions on retail and services / CZE-2021-1-003 a) Czech Republic / b) Constitutional Court / c) Plenum / d) 23.02.2021 / e) I. US 1154/20 / f) Assessment of the State’s liability for the length of proceedings before the European Court of Human Rights /
EST-2021-1-001 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 12.03.2021 / e) 5-20-11 / f) Review of constitutionality of lack of certain norms in probation procedure / EST-2021-1-002 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 16.03.2021 / e) 5-20-7 / f) Review of constitutionality of the reform of survivor’s pension for judge’s family members / EST-2021-1-003 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 12.04.2021 / e) 5-21-1 / f) Review of constitutionality of an obligation to dismiss from service a police officer who is suspected of a criminal offence /
ECJ-2021-1-001 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 26.01.2021 / e) C-16/19 / f) VL v. Szpital Kliniczny im. dra J. Babinskiego Samodzielny Publiczny Zaklad Opieki Zdrowotnej w Krakowie / ECJ-2021-1-002 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 02.03.2021 / e) C-746/18 / f) H.K. v. Prokuratuur (processing of personal data and the protection of privacy in the electronic communications sector) / ECJ-2021-1-003 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 02.03.2021 / e) C-824/18 / f) A.B. and others v. Krajowa Rada Sadownictwa (appointment of judges to the Supreme Court - appeal) / ECJ-2021-1-004 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 09.03.2021 / e) C-392/19 / f) VG Bild-Kunst v. Stiftung Preußischer Kulturbesitz / ECJ-2021-1-005 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 20.04.2021 / e) C-896/19 / f) Repubblika v. Il-Prim Ministru / ECJ-2021-1-006 a) European Union / b) Court of Justice of the European Union / c) Fifth Chamber / d) 29.04.2021 / e) C-665/20 / f) X (European Arrest Warrant - Ne bis in idem) /
FRA-2021-1-001 a) France / b) Constitutional Council / c) / d) 15.01.2021 / e) 2020-872/859 QPC / f) Mr Krzystof B. (Use of videoconference without the agreement of the parties before the criminal courts within the context of a health emergency) / FRA-2021-1-002 a) France / b) Constitutional Council / c) / d) 29.01.2021 / e) 2020-878/879 QPC / f) Mr Ion Andronie R. and another (Automatic extension of pre-trial custody within the context of a health emergency) / FRA-2021-1-003 a) France / b) Constitutional Council / c) / d) 05.02.2021 / e) 2020-882 QPC / f) Société Bouygues télécom and another (Prior administrative authorisation for the operation of 5G network equipment) / FRA-2021-1-004 a) France / b) Constitutional Council / c) / d) 04.03.2021 / e) 2020-886 QPC / f) Mr Oussama C. (Notification of the accused person concerning the right to remain silent before the custody judge in immediate summary proceedings) / FRA-2021-1-005 a) France / b) Constitutional Council / c) / d) 19.03.2021 / e) 2021-891 QPC / f) Association Générations futures and others (Participation by the public in the drafting of charters of commitment at department level on the use of plant protection products) / FRA-2021-1-006 a) France / b) Constitutional Council / c) / d) 01.04.2021 / e) 2021-814 DC / f) Resolution amending the regulations of the National Assembly concerning the organisation of parliamentary business during periods of crisis / FRA-2021-1-007 a) France / b) Constitutional Council / c) / d) 16.04.2021 / e) 2021-898 QPC / f) French section of the International Prison Observatory (Prisoner detention conditions II) /
GER-2021-1-001 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 01.12.2020 / e) 2 BvR 916/11, 2 BvR 636/12 / f) Electronic tagging / GER-2021-1-002 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 15.12.2020 / e) 2 BvC 46/19 / f) Gender Parity on Candidate Lists (electoral complaint against lack of gender balance requirements) / GER-2021-1-003 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 03.02.2021 / e) 2 BvQ 97/20 / f) Termination of Intra-EU BITs (application for preliminary injunction) / GER-2021-1-004 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 24.03.2021 / e) 1 BvR 2656/18, BvR 78/20, 1 BvR 96/20, 1 BvR 288/20 / f) Climate Change / GER-2021-1-005 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 25.03.2021 / e) 2 BvF 1/20, 2 BvL 4/20, 2 BvL 5/20 / f) Berlin Rent Cap Act / GER-2021-1-006 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 07.04.2021 / e) 2 BvR 527/21 / f) Corona-related entry restrictions / GER-2021-1-007 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 13.04.2021 / e) 2 BvE 1/21, 2 BvE 3/21 / f) Statutory Signature Quorums (ballot access for political parties) / GER-2021-1-008 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 15.04.2021 / e) 2 BvR 547/21 / f) EU Recovery Package (preliminary injunction against ratification) / GER-2021-1-009 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 05.05.2021 / e) 1 BvR 781, 805, 820, 1 854, 889/21 / f) Night Curfew /
GRE-2021-1-001 a) Greece / b) Council of State / c) Plenary of the Third Senate / d) 24.09.2020 / e) 1869/2020 / f) / GRE-2021-1-002 a) Greece / b) Council of State / c) Plenary / d) 18.06.2021 / e) 902-907/2021 / f) / GRE-2021-1-003 a) Greece / b) Council of State / c) Plenary / d) 29.06.2021 / e) 133/2021 / f) /
ITA-2021-1-001 a) Italy / b) Constitutional Court / c) / d) 26.11.2020 / e) 254/2020 / f) / ITA-2021-1-002 a) Italy / b) Constitutional Court / c) / d) 04.12.2020 / e) 262/2020 / f) / ITA-2021-1-003 a) Italy / b) Constitutional Court / c) / d) 09.03.2021 / e) 32/2021 / f) /
KOR-2021-1-001 a) Korea / b) Constitutional Court / c) / d) 26.03.2020 / e) 2016Hun-Ba55 and 27 other cases (consolidated) / f) State Compensation Claims Involving Emergency Measure nos. 1 and 9 / KOR-2021-1-002 a) Korea / b) Constitutional Court / c) / d) 26.03.2020 / e) 2018Hun-Ma77, 283, 1024 (consolidated) / f) Public Announcement of List of Successful Candidates for National Bar Examination / KOR-2021-1-003 a) Korea / b) Constitutional Court / c) / d) 23.04.2020 / e) 2015Hun-Ma1149 / f) Firing a Straight Jet of Water Directly at Demonstrators Through Water Cannon / KOR-2021-1-004 a) Korea / b) Constitutional Court / c) / d) 27.05.2020 / e) 2017Hun-Ma867 / f) Requirement of Two Voting Assistants for an Elector with Physical Disability / KOR-2021-1-005 a) Korea / b) Constitutional Court / c) / d) 24.09.2020 / e) 2016Hun-Ma889 / f) Prohibiting a Person with Multiple Nationalities from Renouncing Korean Nationality after Assigning to the Preliminary Military Service /
KOS-2021-1-001 a) Kosovo / b) Constitutional Court / c) / d) 06.01.2021 / e) KO 95/20 / f) Assembly – Constitutional review of Decision no. 07/V-014 of the Assembly, of 3 June 2020, on the Election of the Government /
LIE-2021-1-001 a) Liechtenstein / b) Constitutional Court / c) / d) 08.02.2021 / e) StGH 2020/059 / f) /
LTU-2021-1-001 a) Lithuania / b) Constitutional Court / c) / d) 19.03.2021 / e) KT45-A-N3/2021 / f) On the reimbursement of lawyer’s fees for a person, who has not committed a violation of law / LTU-2021-1-002 a) Lithuania / b) Constitutional Court / c) / d) 14.04.2021 / e) KT58-A-N4/2021 / f) On the prohibition imposed on a person convicted of any intentional crime from being a statutory state servant for an indefinite period of time / LTU-2021-1-003 a) Lithuania / b) Constitutional Court / c) / d) 19.04.2021 / e) KT59-N5/2021 / f) On the elections and powers of municipal mayors /
MEX-2021-1-001 a) Mexico / b) Electoral Court / c) High Chamber / d) 07.03.2018 / e) SUP-RAP-42-2018 / f) / MEX-2021-1-002 a) Mexico / b) Electoral Court / c) High Chamber / d) 15.04.2018 / e) SUP-REP-74-2018 / f) /
MDA-2021-1-001 a) Moldova / b) Constitutional Court / c) Plenary / d) 12.01.2021 / e) 2 / f) Constitutional review of certain provisions of Article 1 of Law no. 296 of 23 November 1994 for the interpretation of some provisions of Law no. 1225 of 8 December 1992 on the rehabilitation of victims of political repression (the rights of persons born in places of repression or on their way to them) / MDA-2021-1-002 a) Moldova / b) Constitutional Court / c) Plenary / d) 14.01.2021 / e) 3 / f) On the exception of unconstitutionality of Articles 4.2, 7.2.c, 8.1 and 11.1.3 of Law no. 982 of 11 May 2000 on access to information (access to personal data) / MDA-2021-1-003 a) Moldova / b) Constitutional Court / c) Plenary / d) 21.01.2020 / e) 4 / f) Some provisions of Article 6.5 of Law no. 86 of 11 June 2020 on non-profit organisations (ban on providing services by non-profit organisations to electoral contestants during the election campaign on the territory of the Republic of Moldova; applications no. 207a/2020 and no. 213a/2020) / MDA-2021-1-004 a) Moldova / b) Constitutional Court / c) Plenary / d) 23.02.2021 / e) 6 / f) Constitutional review of Decree of the President no. 32-IX of 11 February 2021 on the appointment of the candidate for the position of Prime Minister / MDA-2021-1-005 a) Moldova / b) Constitutional Court / c) Plenary / d) 11.03.2021 / e) 8 / f) Constitutional review of Law no. 236 of 16 December 2020 on the amendment of certain laws and Law no. 240 of 16 December 2020 on the amendment of certain laws (pharmaceutical activity) / MDA-2021-1-006 a) Moldova / b) Constitutional Court / c) Plenary / d) 22.03.2021 / e) 10 / f) Constitutional review of Decree of the President of the Republic of Moldova no. 47-IX of 16 March 2021 on the appointment of the candidate for the position of Prime Minister / MDA-2021-1-007 a) Moldova / b) Constitutional Court / c) Plenary / d) 25.03.2021 / e) 11 / f) On the constitutional review of Articles 72 and 73 of the Enforcement Code adopted by Law no. 443 of 24 December 2004 (forced bringing of the debtor) / MDA-2021-1-008 a) Moldova / b) Constitutional Court / c) Plenary / d) 06.04.2021 / e) 12 / f) Constitutional review of Articles 77, 81 and 315 of the Code of Criminal Procedure (the legislative omission to include the spouse as the successor of the injured party or the civil party in the criminal proceedings) / MDA-2021-1-009 a) Moldova / b) Constitutional Court / c) Plenary / d) 15.04.2021 / e) 1 / f) Ascertaining the circumstances justifying the dissolution of the Parliament / MDA-2021-1-010 a) Moldova / b) Constitutional Court / c) Plenary / d) 18.04.2021 / e) 9 / f) Constitutional review of Law no. 230 of 16 December 2020 for the abrogation of Law no. 235/2016 regarding the issuance of State bonds in order to execute by the Ministry of Finance the payment obligations derived from the State guarantees no. 807 of 17 November 2014 and no. 101 of 1 April 2015 /
NOR-2021-1-001 a) Norway / b) Supreme Court / c) Division / d) 01.03.2021 / e) HR-2021-417-P / f) Appeal against Borgating Court of Appeal’s Judgment 18 March 2020 / NOR-2021-1-002 a) Norway / b) Supreme Court / c) Division / d) 26.03.2021 / e) HR-2021-655-P / f) Supreme Court Opinion to Parliament /
POR-2021-1-001 a) Portugal / b) Constitutional Court / c) Plenary / d) 15.07.2020 / e) 528/17 / f) / POR-2021-1-002 a) Portugal / b) Constitutional Court / c) Second Chamber / d) 27.01.2021 / e) 1458/17 / f) /
ROM-2021-1-001 a) Romania / b) Constitutional Court / c) / d) 17.02.2021 / e) 102/2021 / f) Decision on the exception of unconstitutionality of the provisions of Article 52.3 of the Criminal Procedure Code / ROM-2021-1-002 a) Romania / b) Constitutional Court / c) / d) 03.03.2021 / e) 136/2021 / f) Decision on the exception of unconstitutionality of the provisions of Article 539 of the Code of Criminal Procedure / ROM-2021-1-003 a) Romania / b) Constitutional Court / c) / d) 07.04.2021 / e) 233/2021 / f) Decision on the exception of unconstitutionality of the provisions of Articles 400.1, 405.2, 405.3, 406.1 and 406.2 of the Criminal Procedure Code /
RUS-2021-1-001 a) Russia / b) Constitutional Court / c) / d) 12.03.2021 / e) 6 / f) / RUS-2021-1-002 a) Russia / b) Constitutional Court / c) / d) 08.04.2021 / e) 11 / f) / RUS-2021-1-003 a) Russia / b) Constitutional Court / c) / d) 13.04.2021 / e) 13 / f) /
SRB-2021-1-001 a) Serbia / b) Constitutional Court / c) / d) 29.12.2020 / e) Už-1823/2017 / f) /
SLO-2021-1-001 a) Slovenia / b) Constitutional Court / c) / d) 21.11.2019 / e) Up-229/17, U-I-37/17 / f) / SLO-2021-1-002 a) Slovenia / b) Constitutional Court / c) / d) 05.12.2019 / e) Up-366/16 / f) / SLO-2021-1-003 a) Slovenia / b) Constitutional Court / c) / d) 27.08.2020 / e) U-I-83/20 / f) / SLO-2021-1-004 a) Slovenia / b) Constitutional Court / c) / d) 03.12.2020 / e) U-I-445/20 / f) /
RSA-2021-1-001 a) South Africa / b) Constitutional Court / c) / d) 04.02.2021 / e) CCT 278/19 / f) AmaBhungane Centre for Investigative Journalism NPC and Another v. Minister of Justice and Correctional Services and Others; Minister of Police v. AmaBhungane Centre for Investigative Journalism NPC and Others / RSA-2021-1-002 a) South Africa / b) Constitutional Court / c) / d) 19.02.2021 / e) CCT 315/18 / f) James King N.O. and Others v. Cornelius Albertus de Jager and Others / RSA-2021-1-003 a) South Africa / b) Constitutional Court / c) / d) 14.04.2021 / e) CCT 23/20 / f) Agnes Sithole v. Gideon Sithole / RSA-2021-1-004 a) South Africa / b) Constitutional Court / c) / d) 16.04.2021 / e) CCT 130/19 / f) Wilkinson and Another v. Crawford N.O. and Others /
ESP-2021-1-001 a) Spain / b) Constitutional Court / c) First Chamber / d) 04.06.2018 / e) STC 58/2018 / f) / ESP-2021-1-002 a) Spain / b) Constitutional Court / c) Plenary / d) 14.11.2018 / e) STC 124/2018 / f) / ESP-2021-1-003 a) Spain / b) Constitutional Court / c) Plenary / d) 13.12.2018 / e) STC 135/2018 / f) / ESP-2021-1-004 a) Spain / b) Constitutional Court / c) Plenary / d) 02.07.2019 / e) 89/2019 / f) / ESP-2021-1-005 a) Spain / b) Constitutional Court / c) Plenary / d) 02.07.2019 / e) 90/2019 / f) / ESP-2021-1-006 a) Spain / b) Constitutional Court / c) Plenary / d) 18.07.2019 / e) 99/2019 / f) / ESP-2021-1-007 a) Spain / b) Constitutional Court / c) Plenary / d) 25.02.2020 / e) STC 35/2020 / f) /
SUI-2021-1-001 a) Suisse / b) Federal Court / c) Second Public Law Chamber / d) 28.02.2020 / e) 2C_668/2018 / f) A. v. Vaud Canton Population Department /
SWE-2021-1-001 a) Sweden / b) Supreme Court / c) / d) 31.03.2021 / e) B 6101-19 / f) The rap song / SWE-2021-1-002 a) Sweden / b) Supreme Court / c) / d) 21.04.2021 / e) B 4175-20 / f) The body camera recording / SWE-2021-1-003 a) Sweden / b) Supreme Administrative Court / c) / d) 09.02.2021 / e) 1674-20 / f) / SWE-2021-1-004 a) Sweden / b) Supreme Administrative Court / c) / d) 02.03.2021 / e) 5507-20 / f) /
UKR-2021-1-001 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 07.04.2021 / e) 1-r(II)/2021 / f) Constitutional compliance of paragraph 4.13 of Section I of Law on Amendments and Repeal of Certain Legislative Acts of 28 December 2014 no. 76–VIII / UKR-2021-1-002 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 28.04.2021 / e) 2-r(II)/2021 / f) Conformity of Articles 13.3 and16.3 of the Civil Code with the Constitution /
GBR-2021-1-001 a) United Kingdom / b) Supreme Court / c) / d) 09.07.2021 / e) / f) R (on the application of AB) v. Secretary of State for Justice / GBR-2021-1-002 a) United Kingdom / b) Supreme Court / c) / d) 09.07.2021 / e) / f) R (on the application of SC, CB and 8 children) v Secretary of State for Work and Pensions /
USA-2021-1-001 a) United States of America / b) Supreme Court / c) / d) 17.04.2018 / e) 15-1498 / f) Sessions v. Dimaya / USA-2021-1-002 a) United States of America / b) Supreme Court / c) / d) 17.04.2018 / e) 16-1435 / f) Minnesota Voters Alliance v. Mansky / USA-2021-1-003 a) United States of America / b) Supreme Court / c) / d) 14.05.2018 / e) 16-8255 / f) McCoy v. Louisiana / USA-2021-1-004 a) United States of America / b) Supreme Court / c) / d) 04.06.2018 / e) 16-111 / f) Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission / USA-2021-1-005 a) United States of America / b) Supreme Court / c) / d) 22.06.2018 / e) 16-402 / f) Carpenter v. United States / USA-2021-1-006 a) United States of America / b) Supreme Court / c) / d) 26.06.2018 / e) 17-965 / f) Trump v. Hawaii / USA-2021-1-007 a) United States of America / b) Supreme Court / c) / d) 26.06.2018 / e) 16-1140 / f) National Institute of Family and Life Advocates v. Becerra / USA-2021-1-008 a) United States of America / b) Supreme Court / c) / d) 27.06.2018 / e) 16-1466 / f) Janus v. American Federation of State, County, and Municipal Employees, Council 31 / USA-2021-1-009 a) United States of America / b) Supreme Court / c) / d) 27.02.2019 / e) 17-7505 / f) Madison v. Alabama / USA-2021-1-010 a) United States of America / b) Supreme Court / c) / d) 17.06.2019 / e) 16-646 / f) Gamble v. United States / USA-2021-1-011 a) United States of America / b) Supreme Court / c) / d) 17.06.2019 / e) 17-1702 / f) Manhattan Community Access Corp. v. Halleck / USA-2021-1-012 a) United States of America / b) Supreme Court / c) / d) 20.06.2019 / e) 17-1717 / f) American Legion v. American Humanist Association / USA-2021-1-013 a) United States of America / b) Supreme Court / c) / d) 24.06.2019 / e) 18-302 / f) Iancu v. Brunetti / USA-2021-1-014 a) United States of America / b) Supreme Court / c) / d) 27.06.2019 / e) 18-6210 / f) Mitchell v. Wisconsin / USA-2021-1-015 a) United States of America / b) Supreme Court / c) / d) 27.06.2019 / e) 18-422 / f) Rucho v. Common Cause / USA-2021-1-016 a) United States of America / b) Supreme Court / c) / d) 23.03.2020 / e) 18-6135 / f) Kahler v. Kansas / USA-2021-1-017 a) United States of America / b) Supreme Court / c) / d) 20.04.2020 / e) 18-5924 / f) Ramos v. Louisiana / USA-2021-1-018 a) United States of America / b) Supreme Court / c) / d) 15.06.2020 / e) 17-1618 / f) Bostock v. Clayton County / USA-2021-1-019 a) United States of America / b) Supreme Court / c) / d) 30.06.2020 / e) 18-1195 / f) Espinoza v. Montana Department of Revenue / USA-2021-1-020 a) United States of America / b) Supreme Court / c) / d) 08.07.2020 / e) 19-267 / f) Our Lady of Guadalupe School v. Morrissey-Berru / USA-2021-1-021 a) United States of America / b) Supreme Court / c) / d) 09.07.2020 / e) 19-635 / f) Trump v. Vance /
Ed. 20.10.2021 11:40:34
The Law determines requirements for the processing of personal data and sets out specific cases when the consent of the person subject to the processing of his/her personal data should not be necessary. Such derogation appears to be permissible and proportionate to the constitutionally significant goals, provided that a consistent level of protection from unauthorised or unlawful access to... Read more
3.9
General Principles - Rule of law.
3.13
General Principles - Legality.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Data, personal, treatment / Protection, data, privacy, violation, consent.
The law which requires two fingerprints to be taken from all identity card holders and provides that a digitised image of these fingerprints shall be stored on this card is compatible with the right to respect for private life and the right to protection of personal data recognised by Article 8 ECHR.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Identity card, biometric data, storage / Digital fingerprint.
Minors aged 12 years and over have capacity to make an application to set aside a decision to the Court where they possess the requisite powers of judgment and act in respect of decisions that directly concern them personally and for which they are recognised as being an independent party to the proceedings. Where it imposes a measure or penalty on minors, the law must ensure that the child’s... Read more
1.2.2.1
Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person.
3.14
General Principles -
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.13.23
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Referral, minor / Youth court, best interests of the child / Right to remain silent / Rule requiring offences and punishments to be strictly defined by law, criminal.
The law which obliges operators and providers of electronic communications services to retain identification, access, connection and communication data as a rule and in a generalised and indiscriminate manner is incompatible with the right to respect for private life and communications recognised by Article 7 of the Charter of Fundamental Rights of the European Union, the right to protection of... Read more
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.
5.3.36.3
Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications.
Personal data, retention / Communication, electronic.
Subject to certain conditions, environmental protection officers are permitted to carry out house searches in order to tackle wildlife trafficking. Permission is linked to a particular purpose and subject to the examining judge’s prior and reasoned authorisation. There is also a requirement that the officers concerned must have sworn an oath before the court of first instance, must consider the... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
Environment, house search / House search, environmental officer / Search, conditions / Search, examining judge / Search, grounds.
Through excessive formalism in the application of the Labour Law and through arbitrary interpretation of the obligation of Bosnia and Herzegovina and its authorities under the Convention no. 181 of the International Labour Organisation, the courts had violated the appellant’s right to a fair trial.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
ILO, Convention no. 181 / Labour, law / Law, application, incorrect / Work, assignment.
The orders issued by narrow segments of the executive authority on mandatory wearing of protective face masks and on the restriction of movement constituted a violation of the right to private life and freedom of movement.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.22
General Principles - Prohibition of arbitrariness.
4.18
Institutions - State of emergency and emergency powers.
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.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Circumstance, exceptional / COVID-19, pandemic / Protection of the existent health system.
State legislation that determines a mandatory discount of school tuition fees for private schools during the time restriction measures are imposed because of the public health emergency caused by the COVID-19 pandemic, is unconstitutional.
According to the Constitution, matters of civil and contractual law fall under the legislative competence of the Union and cannot be dealt with under State... Read more
3.4
General Principles - Separation of powers.
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
4.8.8
Institutions - Federalism, regionalism and local self-government - Distribution of powers.
4.18
Institutions - State of emergency and emergency powers.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
5.4.8
Fundamental Rights - Economic, social and cultural rights - Freedom of contract.
COVID-19 / Contract, applicable law / Contract, obligation to negotiate / Contract, obligation, failure to fulfil / Contract, obligation, inability to fulfil / Contract, performance, good faith / COVID-19 pandemic, contact tracing application / COVID-19, special legal order / Education, access / Education, duty / Education, fee / Health, emergency / economic activity, freedom.
The concept of the right to be forgotten, understood as the power to prevent, due to the passage of time, the disclosure of facts or data that are true and lawfully obtained and published in analogue or digital media, is incompatible with the Constitution.
The right to be forgotten poses an excessive and peremptory restriction on the freedoms of expression and thought and the right to... Read more
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.22
Fundamental Rights - Civil and political rights - Freedom of the written press.
5.3.23
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.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Censorship / Freedom of expression, freedom to receive information / Right to information, truth / Freedom of media / Freedom of press / Honour, respect, right / Privacy, Right to be forgotten.
The Union has the duty to elaborate and implement a plan to face the COVID-19 pandemic in quilombola communities as their fundamental rights of human dignity, life, and health need to be fulfilled.
The COVID-19 pandemic leads to a general violation of the fundamental rights of quilombolas because it worsens the quilombolas’s state of vulnerability and historical... Read more
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / COVID-19, special legal order / Health, emergency.
To avoid the spread and negative impact of COVID-19 in the prison system and abroad, detainees under semi-open conditions who meet certain criteria may be considered for house arrest based on a case-by-case assessment by the judges responsible for the sentence time enforcement, as provided by the Inter-Agency Standing Committee’s Interim Guidance on COVID-19: Focus on Persons Deprived of Their... Read more
4.4.6.1.2
Institutions - Head of State - Status - Liability - Political responsibility.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.5.1
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.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / COVID-19, special legal order / Custody, medical treatment / Disease, infectious / Health, protection, effective / Health, public health, public interest / Home arrests / Prisoner, state of health / State, duty, protection of life and security / Responsibility, authority / Responsibility, constitutional.
If the National Plan to Distribute COVID-19 Vaccines or the immunisation coverage are insufficient or not provided on time, the States, the Federal District and the municipalities may provide their respective populations with vaccines which they dispose, if previously approved by the national health and sanitation agency; and vaccines which they dispose but have not been approved by the health... Read more
4.4.6.1.2
Institutions - Head of State - Status - Liability - Political responsibility.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
4.8.4.1
Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
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.
COVID-19, pandemic, measures / COVID-19, special legal order / Decentralisation of powers, principles / Disease, infectious / Health, public health, public interest / Municipality, competence / State, duty, protection of life and security / Territory, self-government / Vaccination policies, competence distribution / Vaccination, compulsory / Vaccination, infectious disease, obligatory.
The need to edit and publicise criteria for vaccination, by population classes, in the National Plan of COVID-19 Immunisation, as well as a preferential order, within each class, is founded on the administrative principles of publicity and efficiency, the right to information, as well as on the obligation of the Union to plan and promote a permanent defence against public calamities, the State... Read more
3.4
General Principles - Separation of powers.
4.4.3.4
Institutions - Head of State - Powers - Promulgation of laws.
4.4.6.1.2
Institutions - Head of State - Status - Liability - Political responsibility.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
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.
COVID-19, pandemic, measures / COVID-19, special legal order / Disease, infectious / State, duty, protection of life and security / Information, accurate, requirement / Information, disclosure by the federal government / Information, principle of maximum disclosure / Provisional Measure / Health, protection, effective / Health, public health, public interest.
The minimum level of remuneration for prisoners provided for in Article 29 of Law 7210/1984 (Law of Penal Execution) has a distinguished nature and does not represent a violation of the principles of human dignity and isonomy, since it does not fall under the guarantee of minimum wage set forth by Article 7. IV of the Constitution.
A differentiation in treatment between prisoners and employees... Read more
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Dignified minimum existence, guarantee / Wage, discrimination / Wage, minimum / Work remuneration / Prisoner, employment / Prisoner, minimum wage.
The principles of prevention and precaution advise that the exceptional health measures to reduce the spread of COVID-19 prescribed in the Law 13979/2020 remain in force, given the continuity of the emergency situation in public health.
In emergency situations, it is reasonable to consider the real intent of the legislators when facing prescription dates of extraordinary healthcare measures, for... Read more
2.3
Sources - Techniques of review.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures, extension / Health, emergency.
A bill passed through a remote deliberation system does not represent a violation to the norms of legislative process and to the right of public participation.
The Complementary Law 173/2020 which establishes the Federal Program for Coping with Coronavirus is compatible with the Constitution.
A norm which grants fiscal benefits to a withdrawal of a lawsuit against the Union by a federate entity... Read more
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
4.4.3.4
Institutions - Head of State - Powers - Promulgation of laws.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / COVID-19, special legal order / Health, emergency / Legislative process, digital / Due process.
Even though the activity of the Judiciary and the Legislative cannot substitute the Executive, exceptional situations can authorise judges to compel the administration to adopt measures in order to guarantee basic and essential rights to the population.
The Judiciary cannot be omissive if the administration fails to comply with basic duties and jeopardises individual or collective constitutional... Read more
3.4
General Principles - Separation of powers.
4.4.6.1.2
Institutions - Head of State - Status - Liability - Political responsibility.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
4.6.10.1.3
Institutions - Executive bodies - Liability - Legal liability - Criminal liability.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / COVID-19, special legal order / Disease, infectious / Executive, power, competences, scope / Fundamental right, protection / Health, protection, effective / Health, public health / State, duty, protection of life and security.
State norms that have been amended due a public health emergency, and which prohibit the suspension of electrical energy supply, changes to the manner of billing, as well as the charging of late payments and the issuing of fines and interests, are constitutional.
The amendments to the State law intend to regulate relations between customers and an electrical company, and are therefore... Read more
1.3.5.8
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities.
3.25
General Principles - Market economy.
4.8.8
Institutions - Federalism, regionalism and local self-government - Distribution of powers.
5.1.1
Fundamental Rights - General questions - Entitlement to rights.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.4.7
Fundamental Rights - Economic, social and cultural rights - Consumer protection.
5.4.8
Fundamental Rights - Economic, social and cultural rights - Freedom of contract.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Contract, applicable law / Contract, fulfilment / Contract, obligation to negotiate / Contract, obligation, inability to fulfil / COVID-19, pandemic, measures / COVID-19, special legal order / Electricity supply, access, payment / Health, emergency.
The imposition of restrictions on the holding of services, masses and other face-to-face religious activities of a collective nature is compatible with the Constitution if they are measures to contain the advance of a public health emergency.
The freedom to hold religious collective services is not absolute.
The drafters of the Constitution established a principle of reservation of law when... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
4.4.3.4
Institutions - Head of State - Powers - Promulgation of laws.
4.4.6.1.2
Institutions - Head of State - Status - Liability - Political responsibility.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / COVID-19, special legal order / Disease, infectious / Executive, power, competences, scope / Health, protection, effective / Health, public health, public interest / State, duty, protection of life and security / Religion, event, authorisation / Religion, organisation, autonomy, limit / Responsibility, authority.
The State law mandating the maintenance of copies of Bibles in State schools and public libraries collides with the principle of State secularity and religious freedom enshrined in the Constitution.
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Education, freedom / Education, institution, autonomy / Education, neutrality / Secularism, education, public / Bibles, mandatory maintenance.
Sections 91 and 92 of the Constitution Act, 1867 (hereinafter, the "Constitution") divide legislative powers between the federal Parliament and the provincial legislatures. They give expression to the principle of federalism. The courts are charged with resolving jurisdictional disputes over the boundaries of federal and provincial powers on the basis of the principle of federalism. National... Read more
3.4
General Principles - Separation of powers.
4.8.8
Institutions - Federalism, regionalism and local self-government - Distribution of powers.
Greenhouse gas, pollution, pricing / Federal government, power, national concern, peace, order and good government / Environment, protection, federal jurisdiction, scope / Constitution, interpretation, jurisdiction of federal government.
Section 35 of the Constitution Act, 1982, recognises and affirms the "existing aboriginal and treaty rights of the aboriginal peoples of Canada". Aboriginal groups are entitled to the protection of Section 35 if such groups constitute the modern-day successors of Aboriginal societies that occupied Canadian territory at the time of European contact, and this may include Aboriginal groups that are... Read more
5.5.5
Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights.
Indigenous people, rights, definition, scope / Hunting right, Indigenous people.
Authorities’ lack of diligence in determining admissibility of extradition of applicant to his country of origin despite refugee status granted by another EU member State: violation.
3.22
General Principles - Prohibition of arbitrariness.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
Convention relating to the Status of Refugees, 1951 / Geneva Convention, 1951 / Arrest warrant, international, refugee / Refugee, extradition / Refugee, definition / Charges, fabricated / Crime, non-political.
Unjustified dismissal of Serbian ethnic origin teacher for failing to use standard Croatian in class, considered unable to adapt due to pre-retirement age: violation.
3.22
General Principles - Prohibition of arbitrariness.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Language, teaching / Language, official, teaching / Teacher, inspection / Teacher, additional training, offer / Teacher, dismissal.
Articles 1, 19, 33 and 35.1 ECHR
Alleged lack of a "genuine application"; jurisdiction in the case of an "annexation"; the standard of proof applicable at the admissibility stage to the question of jurisdiction and to the existence of an administrative practice; duty to exhaust domestic remedies in the case of allegations of an administrative practice.
Alleged existence of an administrative... Read more
3.1
General Principles - Sovereignty.
3.8
General Principles - Territorial principles.
4.11.1
Institutions - Armed forces, police forces and secret services - Armed forces.
4.16
Institutions - International relations.
Area, effective control / Administrative practice, repetition of acts / Administrative practice, official tolerance / Administrative practice, direct evidence / Evidence, prima facie / Extraterritorial jurisdiction / Head of State, statement, proof / Military presence / Military presence, increase / Minister of Defence, statement, proof / Territory, administrative practice / Territory, annexation / Territory, effective control / Territory, jurisdiction / Territory, tribunal established by law.
Article 14 ECHR (+ Article 3 ECHR) Discrimination. Conviction for minor offence and EUR 40 fine for violent homophobic attack, without investigating hate motives, and subsequent discontinuation of criminal proceedings on ne bis in idem grounds. Sentence manifestly disproportionate to the gravity of ill-treatment. Unnecessary recourse to ineffective minor offence proceedings capable of... Read more
3.16
General Principles - Proportionality.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.14
Fundamental Rights - Civil and political rights -
Fine, derisory / Hate crime / Hate motive, with homophobic overtones / Violence, homophobic overtones.
Respect for private life: fine imposed on a poor and vulnerable Roma woman for unintrusive begging, and subsequent imprisonment for five days for non-payment: violation
3.16
General Principles - Proportionality.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Begging, aggressive / Begging, blanket prohibition, criminal / Begging, means of survival / Begging, right to private life / Beggar, vulnerable / Poverty, visibility.
Article 1 ECHR: Jurisdiction of Russia over Abkhazia and South Ossetia;; Jurisdiction not established during the active phase of hostilities;; Jurisdiction established after their cessation;; "Effective control"
Article 2, 3, 8 ECHR, Article 1 Protocol 1 ECHR; Administrative practice as regards the killing of civilians and the torching and looting of houses in Georgian villages in South Ossetia... Read more
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Administrative practice, civilian, killing / Administrative practice, house, torching / Administrative practice, house, looting / Effective control / Detention, arbitrary / Prisoner of war, torture / Administrative practice, home, inability to return / Investigation, effective / European Court of Human Rights, obligation to furnish facilities.
Article 3 ECHR (procedural); Effective investigation; Failure to use all reasonable investigative and international cooperation measures while examining sexual abuse in an orphanage alleged after children’s adoption abroad; Procedural obligation to be interpreted in the light international instruments, and specifically the Council of Europe "Lanzarote Convention"; Failure of Bulgarian authorities... Read more
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Investigation, effective / Sexual abuse / Lanzarote Convention / Orphanage, child, interview / Interview, video-recording / Child, sexual abuse, investigation / Investigation, covert, proportionate use / Child, abuse by other child / Duty to protect, positive obligation.
Discrimination
Unjustified, direct sex discrimination by refusing employment-related benefit to pregnant woman who underwent in vitro fertilisation shortly before employment: violation
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
In vitro fertilisation, employment, discrimination / Maternity, work presence / Gender stereotyping / Woman, pregnant, employment-related benefit, refusal / Employment, start after in vitro fertilisation / Employment, fictitious, allegation / State, financial interests.
Effective investigation into deaths of civilians due to an airstrike in Afghanistan ordered by a German Colonel acting in a multinational military operation mandated by the United Nations Security Council: no violation
Article 1 ECHR: Jurisdiction of States;
Jurisdictional link engaging the obligation to investigate civilian deaths due to an airstrike occurring during active hostilities... Read more
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Army, airstrike, civilian death, investigation / Armed conflict, extraterritorial, jurisdictional link / Army, exclusive jurisdiction / International humanitarian law / Lethal force, use, legality / Investigation, effective, remedy.
Article 4 ECHR; Positive obligations; Domestic authorities’ failure to take operational measures in line with international standards to protect minors prosecuted despite credible suspicion they were trafficking victims; No initial, prompt assessment of trafficking status; Inadequate reasons provided for continuing prosecution, despite competent authority finding applicants were... Read more
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.5.2
Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Investigation, effective, positive obligation / Minor, trafficked, victim, prosecution / Guilty plea, not made in full awareness of facts / Child trafficking / Victim, self-identification.
Failure of domestic courts to discharge positive obligation to afford redress to Jewish and Roma individuals for discriminatory public statements made by politician: violation
5.2.2.3
Fundamental Rights - Equality - Criteria of distinction - Ethnic origin.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Statement, discriminatory, threshold of severity / Roma, discrimination / Racial hatred / Anti-Semitism / Xenophobia / Politician, hate speech, vehement.
Restrictions for unauthorised purposes
Pre-trial detention of opposition activists predominantly aiming to punish and silence them for active involvement in anti-government demonstrations: violation
3.20
General Principles - Reasonableness.
3.22
General Principles - Prohibition of arbitrariness.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Pre-trial detention, reasonableness / Retaliatory prosecution, anti-government demonstrations.
Degrading treatment, inhuman treatment: Surrender of an applicant to the Romanian authorities under a European arrest warrant where there was a real risk of inadequate conditions of detention: violation
Surrender of an applicant, recognised as a refugee by the Swedish authorities, to the Romanian authorities under a European arrest warrant in the absence of a real risk of persecution or... Read more
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
European arrest warrant, surrender / Persecution, real risk / Detention, conditions, inadequate / Equivalent protection, presumption / Refugee, status.
Positive obligations
Authorities’ precautions reasonable, despite some mistakes in planning and conduct of operation against a dangerous individual, who killed an officer while being arrested: no violation
Article 2-1 ECHR: Effective investigation: Ineffective investigation into allegedly negligent planning and conduct of operation against a dangerous individual, who killed an officer while... Read more
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Investigation, effective / Police officer, death, contribution by officials.
The freedom of religion as provided in Article 40 of the Constitution is not absolute. Gatherings of believers at religious ceremonies can be restricted if there is a strong public interest and if the restriction is proportionate. Measures that restrict religious gatherings do not unduly restrict the constitutional guarantee of freedom of religion and freedom of public demonstrations of religious... Read more
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.6.2
Institutions - Executive bodies - Powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID 19 / Disease, infectious, measures / Public health / Religion, ceremonies, limited number of attending persons / Religion, ceremonies, restriction due to infectious disease epidemic / State, duty, protection against an infectious disease.
The principle of free enterprise and free markets as provided in Article 49 of the Constitution is not absolute. Measures suspending work must meet the requirements of proportionality as referred to in Article 49 of the Constitution in conjunction with Article 50.2 of the Constitution which includes exceptional restrictions to property rights for the purposes of protecting the interests and... Read more
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.6.2
Institutions - Executive bodies - Powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
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.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19 / Disease, infectious, measures / Protection of human health and life / Public health / Catering facilities, suspension of work / State, duty, protection against an infectious disease.
The Constitutional Court is competent to repeal legal provisions drafted by the legislator, if they fail to meet the requirements of the rule of law such as the clarity and precision of a legal norm.
The Constitutional Court lacks jurisdiction to decide whether two pieces of legislation with the same legal force are in conformity with each other.
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.4.11
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of constitutional revision.
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
Constitutional Court, jurisdiction, limit / Energy efficiency, building, contract, conclusion criteria, co-owners / Ownership, obligations, common good.
The President of the Republic enjoys freedom of judgement and freedom to propose candidates in accordance with that judgement. He may not, however, propose for candidate for the President of the Supreme Court a person who failed to submit a valid, timely and complete application following a public call by the State Judicial Council.
In terms of the principle of separation of powers referred to... Read more
3.4
General Principles - Separation of powers.
4.4.3
Institutions - Head of State - Powers.
4.4.3.1
Institutions - Head of State - Powers - Relations with legislative bodies.
4.4.3.3
Institutions - Head of State - Powers - Relations with judicial bodies.
4.5
Institutions - Legislative bodies.
4.7.4.1.1
Institutions - Judicial bodies - Organisation - Members - Qualifications.
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
4.7.7
Institutions - Judicial bodies - Supreme court.
President of the State, powers, candidate for presidency of Supreme Court, nomination / Parliament, powers, President of the Supreme Court, appointment, substantive requirement / State Judicial Council, powers, appointment, President of the Supreme Court, administrative role / Supreme Court, President, appointment, procedure / Supreme Court, President, appointment, candidate, nomination.
Secondary legislation adopted for the purpose of implementing or enforcing a law must be in conformity both with the law on the basis of which it was adopted and with the Constitution. When the constitutional compliance of such legislation is being reviewed, various factors must be considered. These include whether the legislation was adopted by an authorised body, whether the adopting body had... Read more
1.3.1
Constitutional Justice - Jurisdiction - Scope of review.
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.5.10
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.
3.13
General Principles - Legality.
3.21
General Principles - Equality.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Abstract review, legislative model, repeal / Decree, formal constitutionality, legality / Decree, substantive constitutionality, legality / Government, decree, authority, exceeding / Local self-government, waste management / Utility services, waste management, incentive fees, calculation.
A distinction must be drawn between the principles of proportional representation under Article 18.1 of the Constitution of the Czech Republic and the principles of majority rule under Article 18.2. When the constitutionality of the legal regulation of elections to the Chamber of Deputies is under review, it is not possible simply to settle for differences arising from the nature of the matter.... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.3.1
General Principles - Democracy - Representative democracy.
4.9.3.1
Institutions - Elections and instruments of direct democracy - Electoral system - Method of voting.
4.9.10
Institutions - Elections and instruments of direct democracy - Minimum participation rate required.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
Electoral threshold / Electoral coalition / Electoral code / D'Hondt method / Election, parliamentary, electoral association / Vote, relative weight.
An emergency measure which consists in the prevention or mitigation of the spread of novel coronavirus disease (Covid-19) has a legitimate aim. However, the regulation of the rights and obligations of individuals and the decision-making on which group of population will retain their rights, and which will bear the burdens associated with the restriction, must not be a mere expression of political... Read more
1.4.3.3
Constitutional Justice - Procedure - Time-limits for instituting proceedings - Leave to appeal out of time.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.9
General Principles - Rule of law.
3.22
General Principles - Prohibition of arbitrariness.
4.18
Institutions - State of emergency and emergency powers.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
COVID 19 / Measure, arbitrary / Executive regulations, statutory authority / Regulation, emergency measure.
The Czech Republic is not liable for the length of proceedings before the European Court of Human Rights, which is a body of an independent international organization. The state has no control over its activities. It is therefore not a violation of Article 36.3 of the Charter of Fundamental Rights and Freedoms (right to compensation for damage caused to an applicant as a result of an incorrect... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.20
General Principles - Reasonableness.
4.7.6
Institutions - Judicial bodies - Relations with bodies of international jurisdiction.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Liability, state, pecuniary / Liability, state, principle / Damages, liability / European Court of Human Rights, decision, effects in national law / Court proceedings, length / Court proceeding, reopening / Length of proceedings, objective circumstances.
An individual’s right not to testify against themselves does not apply in probation proceedings that may result in their being recalled to prison. Such proceedings do not involve a decision regarding their conviction and punishment, which involves a deprivation of liberty. Similarly, the right to liberty and security of the person, with its attendant procedural guarantees does not apply in... Read more
1.3.5.15
Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.
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.
5.3.13.23.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself.
Parole / Parole, conditional / Release, conditional.
The right for a judge’s family members to a survivor’s pension is a pecuniary position arising under the law. It is protected by the fundamental right to property. When changing the rules concerning this right, account must be taken of an individual’s legitimate expectation and to the relationship between that right and the guarantee of judicial independence. A judge’s family member’s survivor’s... Read more
3.10
General Principles - Certainty of the law.
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.
Independence, judges / Expectation, legitimate / Pension, judge / Pension, expectation, legitimate / Pension, reform / Pension, survivor’s.
It is not necessary in a democratic society for a police officer to be subject to mandatory dismissal where they are suspected of committing a criminal offence. It is possible to achieve the aims sought by such a dismissal by measures that interfere to a lesser extent with the officers’ fundamental right to freely choose their employment.
3.4
General Principles - Separation of powers.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Police, law on police / Police, officer, dismissal.
The principle of equal treatment enshrined in Directive 2000/78 is intended to protect a worker, who has a disability, against any discrimination on the basis of that disability, not only as compared with workers who do not have disabilities, but also as compared with other workers who have disabilities.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
Employment, disability, discrimination / Discrimination, salary / Discrimination, indirect / Discrimination, direct.
The directive on privacy and electronic communications, read in the light of the Charter, precludes national legislation that permits public authorities to have access to traffic or location data, that are liable to provide information regarding the communications made by a user of a means of electronic communication or regarding the location of the terminal equipment which he or she uses and to... Read more
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
4.7.4.3.1
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers.
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.
Personal data, protection / Interception, invasion of privacy, damage, proportionality / Personal data, admissibility, criminal trial.
Both the system of cooperation between the national courts and the Court of Justice of the EU established in Article 267 TFEU and the principle of sincere cooperation laid down in Article 4.3 TEU preclude legislative amendments where it is apparent that they have had the specific effects of preventing the Court from ruling on questions referred for a preliminary ruling and of precluding any... Read more
4.4.3
Institutions - Head of State - Powers.
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
4.7.5
Institutions - Judicial bodies - Supreme Judicial Council or equivalent body.
4.7.7
Institutions - Judicial bodies - Supreme court.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
Independence, judges / Judges, appointment, power of proposal / Judge, appointment, executive.
The embedding by means of framing, in a website page of a third party, of works protected by copyright and made freely accessible to the public with the authorisation of the copyright holder on another website constitutes a communication to the public where that embedding circumvents protection measures against framing adopted or imposed by the copyright holder.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.12
Fundamental Rights - Economic, social and cultural rights - Right to intellectual property.
Copyright, protection, circumvention / Intellectual property, right.
EU law does not preclude national constitutional provisions such as the provisions of Maltese law on the appointment of members of the judiciary. It does not appear that those provisions might lead to those members of the judiciary not being seen to be independent or impartial, the consequence of which would be to undermine the trust which justice in a democratic society governed by the rule of... Read more
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
4.4.3
Institutions - Head of State - Powers.
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
4.7.7
Institutions - Judicial bodies - Supreme court.
Independence, judges / Judges, appointment, power of proposal / Judge, appointment, executive.
The executing judicial authority must have a margin of discretion in order to determine whether it is appropriate to refuse to execute an European Arrest Warrant on the ground concerned. Next, the concept of ‘same acts’ must be interpreted uniformly. Lastly, the condition relating to the execution of the sentence is met in a situation such as that at issue in the case in the main proceedings.
3.10
General Principles - Certainty of the law.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.14
Fundamental Rights - Civil and political rights -
Criminal proceedings, effects in another state / Criminal proceedings, principles / Criminal proceedings, guarantees / European Arrest Warrant, non-execution, limitations.
Taking account of the importance of the safeguard associated with the appearance in person of the interested party before the criminal courts and given the conditions under which such telecommunications equipment is to be used, the impugned provisions impair the rights of the defence in a manner that cannot be justified by the health context resulting from the COVID-19 pandemic for the duration... Read more
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.7
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, epidemic, pandemic / Appearance, videoconference / Criminal court, person involved in court proceedings, appearance in person.
The provisions of an order cannot automatically extend pre-trial custody during the initial period of a health emergency unless the need to continue it is reviewed by the courts within a short space of time, as a mandatory requirement.
3.16
General Principles - Proportionality.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
COVID-19 / COVID-19, epidemic, pandemic / Rights of prisoners / Continuation of custody / Judicial review.
The legislative provisions that subject the operation of 5G network equipment to a requirement of prior authorisation are constitutional.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Defence interests, national security / Safeguarding against the risks of espionage, piracy and sabotage / Mobile communication networks, safety / 5G, rollout.
Certain provisions concerning the procedure for presentation before the custody judge in the event of immediate summary proceedings violate the Constitution due to the failure to notify the accused person concerning his or her right to silence.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.13.23
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent.
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.
Immediate summary proceedings / Right to remain silent.
The arrangements put in place by the legislature for the drafting of charters of commitment at department level on the use of plant protection products violate Article 7 of the Environmental Charter.
5.3.29
Fundamental Rights - Civil and political rights - Right to participate in public affairs.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Right of public participation / Plant protection products, use / Biodiversity.
Whilst parliamentary assemblies may amend their regulations in order to ensure continuity of their business during crisis situations, this is upon condition that these adaptations are sufficiently precise in order to enable the Constitutional Council to review their constitutionality.
3.12
General Principles - Clarity and precision of legal provisions.
4.5.4.1
Institutions - Legislative bodies - Organisation - Rules of procedure.
4.18
Institutions - State of emergency and emergency powers.
COVID-19, epidemic, pandemic / Exceptional circumstances / Exceptions, constitutional review / Parliamentary business, continuity.
It falls to the legislature to guarantee prisoners the ability to challenge before the courts any detention conditions that violate human dignity, so that these may be brought to an end.
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.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
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.
Detention, conditions / Right to effective judicial remedy / Rights of prisoners, imprisonment, conditions.
1. As a measure in the context of the supervision of offenders’ conduct, the legal framework concerning electronic monitoring is a criminal law matter, which is under concurrent legislative powers of the Federation pursuant to Article 74.1 no. 1 of the Basic Law.
2. The first sentence no. 12 and the third sentence of § 68b.1 of the Criminal Code in conjunction with § 463a.4 of the Code of... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
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.
5.3.38.1
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law.
Electronic tagging / Recidivism, prevention / Reintegration, status as a fundamental right.
1. A specific duty to act that compels the legislator to take specific action can only be derived from the Constitution in rare exceptional cases.
2. When exercising the mandate of gender equality in the context of the nomination of electoral candidates, the legislator must take into account other constitutional interests of equal standing such as the principle of free and equal elections and... Read more
1.3.5.15
Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.
3.3.1
General Principles - Democracy - Representative democracy.
3.19
General Principles - Margin of appreciation.
4.5.3.1
Institutions - Legislative bodies - Composition - Election of members.
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
4.9.7.2
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.3
Fundamental Rights - Equality - Affirmative action.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
5.3.41.3
Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting.
Election, candidate, gender / Election, ballot, access / Election, candidacy, nomination, gender / Election, candidate list / Election, law, gender, balance / Equality, gender, representation, Parliament / Equality, gender, legislator, latitude / Gender, balance / Gender, parity / Political competition, opportunities, equal / Political will, formation / Women, representation, political.
1. In principle, preliminary injunction proceedings under § 32 of the Federal Constitutional Court Act cannot be brought for the purpose of obtaining preventive legal protection, in terms of an a priori review, before a legal act takes effect.
2. Exceptions may apply in cases where the applicant challenges the act of approval to an international treaty (first sentence of Article 59.2 of... Read more
3.17
General Principles - Weighing of interests.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
4.7.14
Institutions - Judicial bodies - Arbitration.
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.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Access to courts, arbitration, clause, jurisdiction / Arbitration, clause, investment, treaty / Arbitration, award, damages / Constitution, identity / Damages / European Union, Court of Justice, preliminary ruling, national court, subsequent decision / European Union, Member States, treaty, international / European Union act, ultra vires, review / Freedom of action, general / Health, insurance, liberalisation / Health, insurance, provider, private / Investment, international, dispute, settlement, procedure / Investment, international, profit, distribution / Investment, international, protection / Investment, treaty, bilateral / Parties, interest, financial / Preliminary injunction, application, admissibility, standing / Preliminary injunction, ratification, treaty / Sunset clause, treaty, bilateral / Treaty, international, act of approval, domestic / Treaty, international, entry into force / Treaty, international, ratification.
1. The protection of life and physical integrity under the first sentence of Article 2.2 of the Basic Law encompasses protection against impairments of constitutionally guaranteed interests caused by environmental pollution, regardless of who or what circumstances are the source of the impairment. The state’s duty of protection arising from the first sentence of Article 2.2 of the Basic Law also... Read more
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.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Climate Change / Ecological minimum standard of living / Freedom, intertemporal guarantees / Right to a future in accordance with human dignity / Reduction, greenhouse gas.
1. The allocation of legislative powers either to the Federation or to the Länder is conclusively set out in the Basic Law with the exception of Article 109.4 of the Basic Law. Shared or cumulative competences are a rare exception in the Basic Law and would be incompatible with the delimitation purpose. The Basic Law consistently delimits legislative powers between the Federation and the... Read more
3.6.3
General Principles - Structure of the State - Federal State.
4.5.2
Institutions - Legislative bodies - Powers.
4.8.8
Institutions - Federalism, regionalism and local self-government - Distribution of powers.
Legislative competence, limits / Real estate, lease, limitations / Rent, pricing, regulation / Rent, regulated.
1. Whether the legal basis for a refusal of entry to holders of a Schengen visa satisfies constitutional requirements is for the administrative courts to clarify by way of an action for a declaratory judgment.
2. It is true that the mere possession of a uniform visa or a visa with limited territorial validity does not automatically entitle the holder to entry. However, since Article 14.2 of the... Read more
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
COVID-19 pandemic, entry to the European Union, temporary restriction / COVID-19 pandemic, travel to the European Union, temporary restriction / Schengen Borders Code.
1. The aim of ensuring that elections are integration processes for the formation of the political will of the people and the resulting requirement of proving the seriousness of electoral nominations are normally capable of justifying signature quorums of up to 0.25% of persons eligible to vote.
2. Where applicants assert that the pandemic-related changes to the conditions for collecting... Read more
3.3.1
General Principles - Democracy - Representative democracy.
4.5.3.1
Institutions - Legislative bodies - Composition - Election of members.
4.5.10
Institutions - Legislative bodies - Political parties.
4.9.4
Institutions - Elections and instruments of direct democracy - Constituencies.
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
4.9.7.2
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Election, ballot, access / Election, candidacy, nomination, gender / Election, candidate list / Election, law, gender, balance / Equality, gender, representation, Parliament / Equality, gender, legislator, latitude / Gender, balance / Gender, parity / Political competition, opportunities, equal / Political will, formation / Women, representation, political.
1. The right to democratic self-determination protects citizens not only against a substantial erosion of the Bundestag’s latitude to shape policy but also affords them a right that EU institutions, bodies, offices and agencies only exercise the competences transferred to them in accordance with Article 23 of the Basic Law.
2. The budgetary powers of the Bundestag and its overall... Read more
3.3.1
General Principles - Democracy - Representative democracy.
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
4.10.2
Institutions - Public finances - Budget.
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.
Capital markets, borrowing / Constitution, identity / Debt, public / Democracy, core, right, individual / European Union, budget / European Union, Council, decision, ratification, Member States / European Union, Member States, finances / European Union, own resources, borrowing / European Union act, preliminary injunction / European Union act, ultra vires, review / Foreign policy, government, margin of appreciation / Legislative bodies, powers, budgetary / Pandemic, COVID-19, social and economic effects, recovery instrument / Parliament, budget, powers / Parliament, budgetary autonomy / Preliminary injunction, act of approval, ratification, / Public finances, liabilities, risk assessment / Recovery instrument / Self-determination, democratic, right.
1. Considering the legislator’s margin of appreciation, the challenged curfew provision (number two, first sentence of § 28b.1 of the Infection Protection Act) is neither unsuitable, unnecessary, nor inappropriate as a means for fighting the pandemic. The proportionality of the curfew provision will have to be examined in detail in the principal proceedings.
2. The disadvantages following from... Read more
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
3.17
General Principles - Weighing of interests.
COVID-19, pandemic, measures / COVID-19, pandemic, night curfew / Legal provisions, suspension.
The automatic loss of an attorney's capacity due to irrevocable criminal conviction may be contrary to Article 8 ECHR.
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.
3.12
General Principles - Clarity and precision of legal provisions.
3.18
General Principles - General interest.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.38
Fundamental Rights - Civil and political rights - Non-retrospective effect of law.
Occupation, profession, practice, prohibition / Competence, professional / Private life, right / Restriction, regulation, absence.
The setting of a minimum height of 1,70m for both sexes as a necessary requirement to enter the Police Academy constitutes indirect discrimination on the basis of sex.
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
5.2.1.2.2
Fundamental Rights - Equality - Scope of application - Employment - In public law.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
Candidates, equal opportunities, equality, gender, difference, biological / Equality, women, men / Discrimination, indirect.
A decision to impose mandatory anti-covid vaccination of the officers in uniform in order to serve cannot be considered as contrary to the principles of proportionality and of equality where it provides the choice to be vaccinated or not, and since there is no identity of conditions between the two categories of vaccinated and unvaccinated staff.
1.3.5.14
Constitutional Justice - Jurisdiction - The subject of review - Government acts.
1.4.10
Constitutional Justice - Procedure - Interlocutory proceedings.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
Covid-19, vaccination, infectious disease, obligation, policy / Health, public, protection.
The implementation of an integrated system of protection has as its cornerstone loyal and constructive cooperation between the different jurisdictions involved, each called upon – within their respective spheres of competence – to safeguard fundamental rights, with a view to providing systemic and unfragmented protection.
In this respect, it is no coincidence that Article 19.1 of the Treaty on... Read more
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.6
Sources - Categories - Written rules - International instruments - European Social Charter of 1961.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
3.21
General Principles - Equality.
3.22
General Principles - Prohibition of arbitrariness.
3.23
General Principles - Equity.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
European Union / Co-operation between different Courts / Court of Justice of the European Union, national courts, indissoluble link.
The wide discretion enjoyed by the tax legislator in the choice of indicators of the ability to pay does not translate into an equally wide discretion in identifying the individual factors that contribute to establishing the tax base, once the prerequisite for taxation has been determined: the latter becomes, in fact, the limit and measure of the legislator’s subsequent choices.
Once the... Read more
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
1.6.5
Constitutional Justice - Effects - Temporal effect.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.20
General Principles - Reasonableness.
3.22
General Principles - Prohibition of arbitrariness.
5.3.42
Fundamental Rights - Civil and political rights - Rights in respect of taxation.
Tax, municipal / Tax deduction / Taxation, legislative discretion / Tax, municipal, non-deductible from amounts liable to tax on business income / Tax, limits placed by the Legislators on the deductibility of costs.
The development of the legal system, starting from the traditional notion of family, has progressively recognised the legal importance of social parenthood, even where it does not coincide with biological parenthood.
The protection of the child’s best interests includes the guarantee of his or her right to affective, relational, and social identity, based on the stability of family and care... Read more
1.1.4.2
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
1.6.7
Constitutional Justice - Effects - Influence on State organs.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.2.2
Sources - Categories - Unwritten rules - General principles of law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
3.17
General Principles - Weighing of interests.
3.21
General Principles - Equality.
3.22
General Principles - Prohibition of arbitrariness.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.2.2.12
Fundamental Rights - Equality - Criteria of distinction - Civil status.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.33.1
Fundamental Rights - Civil and political rights - Right to family life - Descent.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Same-sex couples / Adoption / Constitutional Justice, external limits / Requirement for the Action of the Legislator / Child, best interests.
Article 2.1 of the State Compensation Act, which requires intention or negligence of the acting public official in order to acknowledge State compensation, does not exceed the limits of legislative power and does not violate the right to claim State liability and compensation as provided under Article 29 of the Constitution.
State compensation liability under the Constitution is partly premised... Read more
3.4
General Principles - Separation of powers.
3.19
General Principles - Margin of appreciation.
4.6.10.1
Institutions - Executive bodies - Liability - Legal liability.
4.6.10.2
Institutions - Executive bodies - Liability - Political responsibility.
4.18
Institutions - State of emergency and emergency powers.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Emergency measure / Intention, public official / Negligence, public official / Unlawful act, state.
The right to self-determination with regards to personal information is protected by the general right to personality drawn from Article 10 of the Constitution, which specifies human dignity, worth and right to pursue happiness, as well as the right to privacy included in Article 17. The right to self-determination includes the right of the information holder to determine on his or her own as to... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
4.7.15.1
Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Personal information, right to self-determination / Bar examination / Legal service, access / Bar Examination, management, fairness, transparency.
Before public power is exercised, a restrictive means test and a public interest test must be conducted.
Preventing an unlawful assembly from posing a threat to the lives or physical safety of members of the public or police officers or to property or a public facility is a legitimate interest, yet the means must be proportional and take individual conduct of the participants into account.
The... Read more
3.16
General Principles - Proportionality.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.1.1
Fundamental Rights - General questions - Entitlement to rights.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Application to join, constitutional complaint / Complainant, deceased, termination, adjudication proceedings, exception, judicial interest / Standing, inherent rights, non-transferrable, complainant, deceased / Water cannon, straight jet, police.
Article 157.6 of the Public Official Election Act, which requires that non-family assistance in voting be provided by two non-family voting assistants, serves a legitimate purpose and establishes a necessary exception to the principle of secret elections which does not amount to an excessive restriction.
The principle of secret elections is a prerequisite for protecting the principle of free... Read more
4.9.9.3
Institutions - Elections and instruments of direct democracy - Voting procedures - Voting.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.3
Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting.
5.3.41.4
Fundamental Rights - Civil and political rights - Electoral rights - Secret ballot.
Election, fairness / Voting right, physical disability / Voting assistant, non-family, two.
The prohibition of persons with multiple nationalities to renounce their Korean nationality after the prescribed period and until the military service obligation is fulfilled, as provided in Articles 12.2 and 14.1 of the Nationality Act, is not absolute. Exceptions can be made if there are legitimate grounds for the failure to renounce the Korean citizenship during the proscribed timespan, and if... Read more
5.1.1.1.1
Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.7
Fundamental Rights - Civil and political rights - Right to emigrate.
5.3.8
Fundamental Rights - Civil and political rights - Right to citizenship or nationality.
5.3.26
Fundamental Rights - Civil and political rights - National service.
Nationality, dual / Nationality, multiple / Nationality by birth / Nationality, renunciation / Military service, obligation / Military service, evasion.
The election of the Government of the Republic of Kosovo required a majority of the members of the Assembly of the Republic of Kosovo to vote for it. Where an individual has lost their mandate as a deputy due to their being sentenced to imprisonment for more than a year or their mandate was invalid due to their standing for and being elected when they were barred from doing so due to their having... Read more
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.2
Sources - Categories - Written rules - National rules from other countries.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.2.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution.
4.5.7.2
Institutions - Legislative bodies - Relations with the executive bodies - Questions of confidence.
Offence, criminal, member, Assembly / Member, Assembly, mandate, loss / Deputies, majority, definition.
Article 15 of the Act of 4 May 2017 on the Fees of Courts and Complaints Commissions contravenes the Constitution. The norm stipulates that courts may only waive court fees for those parties which, beyond being exempt from court fees by law, notify the court of their exemption on the first page of all relevant submissions.
1.4.14.1
Constitutional Justice - Procedure - Costs - Waiver of court fees.
3.22
General Principles - Prohibition of arbitrariness.
Excessive formalism.
An individual’s right to apply to a court in order to defend their rights or freedoms, implies a legitimate expectation that the court, after it carries out a fair and impartial procedure, will adopt a reasoned and well-founded decision. Such a decision should, amongst other things, set out how the litigation costs are to be distributed fairly between the parties. A fair distribution depends... Read more
3.9
General Principles - Rule of law.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Right, application, court / Offence, Administrative / Reimbursement, lawyer, fee / Assistance, legal, effective / Right, advocate / Costs, litigation, distribution.
According to the Constitution, the legislature must specify requirements concerning entry into the service of the state (state service). It must do so both to regulate such service and to further the constitutionally justified objective of ensuring that individuals appointed are of good character. Such requirements must, for instance, lay down requirements relating to the reputation of such... Read more
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
4.6.9.1
Institutions - Executive bodies - The civil service - Conditions of access.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
Employment, choice, free / State Service, entry, terms, / Terms, character, good / Terms, reputation / Terms, State loyalty.
The legislature must respect the principals of democratic elections set out in the Constitution when determining the electoral system for municipal councils. It must therefore respect equal suffrage, which includes establishing uniform requirements, arising from and not conflicting with the Constitution, for candidates for election to municipal councils. The Constitution does not establish that... Read more
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
Mayor, municipal / Council, municipal / Council, municipal, chairperson / Requirement, citizenship / Requirement, suffrage, equal / Elections, direct / Community, territorial.
Slander consists of the promulgation of false facts, in the knowledge that they are untrue. If these elements of slander are found to be present, and this is done in a malicious fashion, and there could be an impact on the electoral process, then the right to freedom of expression can be restricted.
4.9.8
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
Slander, election process, media / Media, freedom of expression, limits / Propaganda, electoral prohibition.
The pro homine principle of interpretation must be identified and applied from the legal and factual context, whether it is the case that only one person is asserting a right, two people are claiming different rights, or two people are demanding the same right.
1.4.9.1
Constitutional Justice - Procedure - Parties -
2.3.11
Sources - Techniques of review -
4.5.3.4
Institutions - Legislative bodies - Composition - Term of office of members.
4.8
Institutions - Federalism, regionalism and local self-government.
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.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
Member, municipal council, removal from office, licence / Member, municipal council, reinstatement / Municipal Councillor, political right / Locus standi.
The differentiated treatment between a person born from an unmarried woman and a person born from a marriage concluded before the repression, both in places of repression or on the way to them, established by the contested law, lacks a legitimate aim, has no objective and reasonable justification, and therefore is unconstitutional.
3.21
General Principles - Equality.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Rehabilitation, victim, political repression / Treatment, discriminatory / Equality, violation / Legitimate aim, violation / Privacy, right / Social assistance, right, protection.
A different, but similar wording of the restrictions which may be imposed on the right to information circumscribing to the legitimate aims and which allows for a balancing exercise of the competing interests does not raise any issue of constitutionality.
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
Information, access / Aim, legitimate / Interest, national / Protection, rights, freedoms, dignity / Disclosure of confidential information, prevention, criteria / Balancing of interests, proportionality, justified interference.
Granting Russian language a status similar to that of the State language, not only diminishes the integrative force of the official language, but it also confers Russian a preferential treatment compared to other ethnic minorities languages, contrary to Articles 13 and 10.2 of the Constitution.
4.3.1
Institutions - Languages - Official language(s).
4.3.4
Institutions - Languages - Minority language(s).
5.2.2.10
Fundamental Rights - Equality - Criteria of distinction - Language.
Interethnic communication, language / Effective integration / Fair balance / Linguistic rights / Minority, ethnic, language.
If a formalised absolute parliamentary majority supports a candidate for the position of Prime Minister, the President of the Republic must appoint that candidate.
1.1.4.1
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Head of State.
1.1.4.2
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies.
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.5.6
Constitutional Justice - Jurisdiction - The subject of review - Decrees of the Head of State.
4.4.3.1
Institutions - Head of State - Powers - Relations with legislative bodies.
4.4.3.2
Institutions - Head of State - Powers - Relations with the executive bodies.
4.5.7
Institutions - Legislative bodies - Relations with the executive bodies.
4.6.4.1
Institutions - Executive bodies - Composition - Appointment of members.
Constitution / Decree / Prime minister, candidate, appointment / Parliamentary majority, absolute, formalised.
The adoption of laws, including amendments, which involve an impact on budgetary revenues or expenditures, is unconstitutional if it is done without the Government’s prior approval.
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.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
3.25
General Principles - Market economy.
4.10.2
Institutions - Public finances - Budget.
Approval / Budget / Revenues, budgetary / Expenditure, budgetary / Medicine, prescription, mobile unit.
The President may appoint his or her own candidate for the position of Prime Minister if, following the consultations with the parliamentary factions, he or she notes that there is no candidate supported by a formalised absolute parliamentary majority.
1.1.4.1
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Head of State.
1.1.4.2
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies.
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.5.6
Constitutional Justice - Jurisdiction - The subject of review - Decrees of the Head of State.
4.4.3.1
Institutions - Head of State - Powers - Relations with legislative bodies.
4.4.3.2
Institutions - Head of State - Powers - Relations with the executive bodies.
4.5.7
Institutions - Legislative bodies - Relations with the executive bodies.
4.6.4.1
Institutions - Executive bodies - Composition - Appointment of members.
Constitution / Decree / Prime minister, candidate, appointment / Parliamentary majority, absolute, formalised.
Forcibly bringing the debtor before the bailiff to inform on the existing bailiff documents in his or her respect unnecessary restricts the debtor's right to liberty, does not achieve the legitimate purpose and is, therefore, unconstitutional.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.20
General Principles - Reasonableness.
4.7.4.2
Institutions - Judicial bodies - Organisation - Officers of the court.
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.
Right to personal freedom / Debtor / Bailiff / Deprivation of liberty / Detention arbitrary / Enforcement proceedings.
The legislative omission to include the spouse as the successor of the injured party or the civil party and the possibility to accept only one person as a successor in a criminal process, ignoring other potential successors, is in breach of the right to free access to justice.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Omission, legislative / Criminal procedure, rights, successor / Victim, direct / Victim, indirect / Connection, sufficient / Legitimate interest / Human right, violation / European Court of Human Rights / Right to a fair trial / Free access to justice.
The rejection by the Parliament of at least two requests for investiture of the Government together with the impossibility to form a Government within the three-month time-limit justify the dissolution of the Parliament.
1.1.4.1
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Head of State.
1.1.4.2
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies.
1.2.1.1
Constitutional Justice - Types of claim - Claim by a public body - Head of State.
1.3.3
Constitutional Justice - Jurisdiction - Advisory powers.
1.3.5.6
Constitutional Justice - Jurisdiction - The subject of review - Decrees of the Head of State.
4.4.3.1
Institutions - Head of State - Powers - Relations with legislative bodies.
4.4.3.2
Institutions - Head of State - Powers - Relations with the executive bodies.
4.5.3.4
Institutions - Legislative bodies - Composition - Term of office of members.
4.5.3.4.1
Institutions - Legislative bodies - Composition - Term of office of members - Characteristics.
4.5.7
Institutions - Legislative bodies - Relations with the executive bodies.
Parliament, dissolution, circumstances / Government, investiture / Parliamentary majority.
Parliament’s failure to ask for the Government's approval when adopting draft laws with a budgetary impact, leads to a violation of the procedure established by the Constitution in the field of budgetary legislation and is, therefore, unconstitutional.
4.5.4.1
Institutions - Legislative bodies - Organisation - Rules of procedure.
4.10.2
Institutions - Public finances - Budget.
4.10.5
Institutions - Public finances - Central bank.
Budget, expenditure / Government bonds, abrogation / Decapitalisation / National Bank of Moldova.
The constitutional provision on constitutional review does not in principle prevent NGOs from bringing legal action against the State in order to assess whether a transfer of power to an international body was made with an adequate parliamentary majority in accordance with the Constitution.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
4.16.1
Institutions - International relations - Transfer of powers to international institutions.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Constitutional review, NGO, request, admissibility.
Parliament has the power, with a general majority, to consent to the incorporation of the fourth railway package into the EEA Agreement on the establishment of a single European railway area.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.2.1
Sources - Categories - Unwritten rules - Constitutional custom.
4.16.1
Institutions - International relations - Transfer of powers to international institutions.
International agreement, constitutional requirement, parliamentary approval.
Questions had arisen over the interpretation of various regulations under European legislation which set out common detailed rules for the application of the system of securities for agricultural products and their compliance with the principle of equality.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
3.21
General Principles - Equality.
Agricultural products, securities, subsidies.
A norm criminalising procurement for prostitution is not unconstitutional.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Prostitution, procurement.
Non-compliance by criminal courts with the authority of res judicata of judgments given by civil courts violates the principle of legal certainty, a fundamental aspect of the rule of law.
3.10
General Principles - Certainty of the law.
4.7.1.1
Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction.
4.7.2
Institutions - Judicial bodies - Procedure.
4.7.3
Institutions - Judicial bodies - Decisions.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Res judicata, non-compliance, Criminal court.
An acquittal verdict or a decision not to proceed with prosecution, issued in criminal proceedings on the merits of the criminal charge in favour of the accused person, does not deprive him or her of the status of aggrieved party, nor does it compensate for the harm caused by the deprivation of liberty ordered during criminal proceedings. Such a decision does not have the legal nature of... Read more
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.2
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.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Interference with liberty, compensation, right.
Reasoning in judicial decisions plays several significant roles. It represents a mechanism of court control, ensuring that judicial decisions are legal, just and fair, in fact and in law; it represents an official entry of the arguments in favour of the solution adopted; it inspires a sense of social trust and it represents democratic control of the administration of justice. It also strengthens... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.2
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.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.13.24
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the reasons of detention.
Reasoning, timing, judicial deliberation, lack.
The electoral commission has an obligation to inform candidates about any shortcomings in the documents they submitted.
4.9.7.2
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates.
5.1.1.4.2
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.
Elections, parliamentary, candidate, registration / Information, obligation.
Article 116.1 of the Criminal Code, under which only individuals who commit battery while still subject to an administrative penalty for an earlier offence under the same article may be held criminally liable for domestic violence, is not consistent with the Constitution as it would lead to a diminution in the level of protection afforded to victims’ rights, infringing their dignity and their... Read more
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
Violence, domestic / Decriminalisation, administrative offence.
Where a victim fails to appear in court without a valid reason, the case must be discontinued for lack of corpus delicti.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
Bodily harm, intentional, offence / Complaint, prosecution, consent.
Collective expulsion of a group of aliens from the State may only be carried out after, and on the basis of, a reasonable and objective examination of the specific circumstances of each individual alien in the group.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.27
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
Aliens, expulsion, collective.
An applicant for international protection who relies on their state of origin’s inability to protect them from persecution must establish a basis to substantiate that claim. In particular, they must prove that they had turned to their state of origin’s authorities, but they either did not or could not protect them.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Asylum, application, rejection / Asylum, application, substantiation.
The media and journalists play an essential and irreplaceable role in informing the public of issues that are in the public interest. This role is closely intertwined with their duty and responsibility to act in good faith when providing the public with authentic and verified information and facts. Article 35.1 of the Constitution, which provides the right to protection for reputation, applies to... Read more
3.16
General Principles - Proportionality.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Freedom of expression, context, political / Journalist, politician, defamation / Journalist, rights, duties / Media, diligence, duty, professional / Political party, defamation / Political party, reputation, protection of.
A legislative prohibition on movement the aim of which was to contain the spread of a contagious disease pursued a constitutionally admissible objective. That objective was the protection of human health and life. To secure those objectives was, moreover, a constitutional obligation laid upon state authorities.
3.16
General Principles - Proportionality.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
COVID-19 / SARS-COV-2 / COVID-19, epidemic, measures / COVID-19, pandemic, measures.
Orders by which the Government extends the validity of a regulation that determined certain measures for fighting the COVID-19 epidemic are also regulations. They must therefore be published before they enter into force. Government orders that had not been published in the Official Gazette, could not therefore have entered into force, which in turn affected the validity of measures set out in a... Read more
3.16
General Principles - Proportionality.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
COVID-19 / SARS-COV-2 / COVID-19, epidemic, measures / COVID-19, pandemic, measures.
The regulation of state surveillance of private communications of members of the public by the state under the Regulation of Interception of Communications and Provision of Communication related Information Act 70 of 2002 (hereinafter, "RICA") is unconstitutional in light of the constitutional right to privacy.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.36.1
Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence.
Media, journalist, sources, protection / Communication, interception, bulk, surveillance / Intelligence sharing, supervision / Secret surveillance, measure.
A fideicommissary clause in a private testamentary instrument which prevents female descendants from inheriting, on account of their sex, violates the right to equality and is prohibited by the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Equality Act). While freedom of testation is recognised, clauses in private testamentary instruments which... Read more
5.1.2
Fundamental Rights - General questions - Horizontal effects.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.33.2
Fundamental Rights - Civil and political rights - Right to family life - Succession.
Asset, private property / Discrimination, sex / Equality, sexes / Inheritance, will / Succession, will, freedom to make / Succession, law / Will, discriminatory.
Section 21.2.a of the Matrimonial Property Act 88 of 1984 discriminates unfairly against Black women to the extent that it denies Black couples who married before 1988 the safeguards of marriages in community of property.
Section 21.2.a of the Matrimonial Property Act is unconstitutional and invalid to the extent that it perpetuates discrimination on the basis of gender and race, and all... Read more
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.2
Fundamental Rights - Equality - Criteria of distinction - Race.
5.2.2.3
Fundamental Rights - Equality - Criteria of distinction - Ethnic origin.
5.2.2.5
Fundamental Rights - Equality - Criteria of distinction - Social origin.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
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.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Discrimination, intersectional effects / Food, constitutional right of access / Healthcare, constitutional right of access / Water, constitutional right of access.
A Trust Deed executed at a time when legislation excluded adopted children from inheritance in terms of a testamentary instrument, unless it conveyed a clear intention to include them, amounts to unfair discrimination and is against public policy.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
Trust, interpretation / Freedom of testation, testator, intention, paramount / Discrimination, elements, unfair, public policy.
A question had arisen over the online archives of a digital newspaper and the indexing of names and surnames. Such indexing, in news that is several decades old and the relevance of which has decreased by the passing of time, infringes the rights to honour, privacy and personal data protection. Imposing a prohibition on indexing names and surnames does restrict the freedom of information but it... Read more
5.3.22
Fundamental Rights - Civil and political rights - Freedom of the written press.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
Indexing, names, digital newspaper archives / Right to be forgotten.
The Government is always subject to the supervisory powers of the Congress of Deputies. This power can still be exercised over an interim Government following elections.
1.2.1.2
Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.
3.3.1
General Principles - Democracy - Representative democracy.
3.4
General Principles - Separation of powers.
4.5.4.4
Institutions - Legislative bodies - Organisation - Committees.
4.6.10
Institutions - Executive bodies - Liability.
Executive power, accountability / Outgoing government, supervision / Parliament, Senate, regulation.
A legal provision which requires judges on leave who are aiming to resume active duty to obtain a declaration of suitability, which does not specify the criteria for granting it or the consequence of its being refused, is in breach of the constitutional principle of legal certainty, in conjunction with the constitutional requirement to regulate the irremovability of judges.
3.4
General Principles - Separation of powers.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
4.7.4.1.5
Institutions - Judicial bodies - Organisation - Members - End of office.
4.7.4.1.6.3
Institutions - Judicial bodies - Organisation - Members - Status - Irremovability.
Judge, aptitude / Judge, evaluation / Judge, reappointment.
Questions arose over state coercion over the autonomous communities for breach of constitutional obligations and the scope of state power when this procedure is deployed. A disposition providing for the non-existence of legal effects of any unauthorised or prohibited official publication of resolutions, acts or provisions in the Official Gazettes infringes the principles of the publication of... Read more
1.3.4.7.3
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Removal from parliamentary office.
2.2.2.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution.
3.8.1
General Principles - Territorial principles - Indivisibility of the territory.
3.10
General Principles - Certainty of the law.
3.15
General Principles - Publication of laws.
3.18
General Principles - General interest.
4.8.4.1
Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.
4.8.8.3
Institutions - Federalism, regionalism and local self-government - Distribution of powers - Supervision.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
Independence, territory / Nation, integrity / Failure to fulfil obligations, action, justification Autonomy, secession, unilateral / Authorisation, legislative, duration / Authority, administrative, independent, power, scope / Autonomy, restriction / Coercive measures / Competent body, formalities, observance.
Regarding state coercion over the autonomous communities for breach of constitutional obligations, and in application of the doctrine set out in Constitutional Court Judgment no. 89/2019, of 2 July, the Court declared the supervening loss of the subject of the process and dismissed the remaining part of the action of unconstitutionality.
1.3.4.7.3
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Removal from parliamentary office.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.2.2.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution.
3.10
General Principles - Certainty of the law.
3.15
General Principles - Publication of laws.
3.18
General Principles - General interest.
4.8.4.1
Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.
4.8.8.3
Institutions - Federalism, regionalism and local self-government - Distribution of powers - Supervision.
Independence, territory / Nation, integrity / Action on grounds of failure to fulfil obligations, justifications / Autonomy, secession, unilateral / Authorisation, legislative, duration / Authority, administrative, independent, power, scope / Autonomy, restricted / Coercive measures / Competent body, formalities, observance.
A legal provision that prevents minors from changing their gender and name in the Civil Register, especially when it applies to a minor with "sufficient maturity" and "a stable situation of transgender," is unconstitutional.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
3.16
General Principles - Proportionality.
5.1.1.4.1
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Transgender persons, binary system / Civil register, amendment, name, sex.
A person who has posted several online messages that are characterised by potentially offensive and politically controversial statements cannot be sentenced on charges of "humiliating the victims of terrorism" unless the competent court has weighed up the possibility that the issuing of such messages could be a type of expression covered by freedom of speech.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
2.3.10
Sources - Techniques of review - Contextual interpretation.
2.3.11
Sources - Techniques of review -
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Social media, statements, offensive / Terrorism, incitement / Terrorism, intent / Terrorism, offence, legal definition / Terrorism, public support.
Article 8 ECHR, Article 13 of the Federal Constitution (right to privacy), Articles 44 and 47 of the Federal Law on Foreign Nationals; subsequent family reunion; spouse with permanent residence in Switzerland.
Serious deterioration in the state of health of the spouse constitutes a significant change in circumstances which justifies examining the new application for family reunion in question... Read more
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Family reunion, right.
As regards the manner in which freedom of expression aspects are to be considered in the assessment of a prosecution for threatening a public official, statements of principle as to how such cases are to be viewed include the following. A great deal of latitude must be allowed in the interest of the freedom of expression. There is no bar to criminal liability where what is expressed or conveyed... Read more
3.12
General Principles - Clarity and precision of legal provisions.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Freedom of expression, context, cultural / Crime, threat against a public official / Crime, threat of violence.
Evidence in form of incriminating information, which a suspect has provided to the police in a situation where the right to be assisted by defence counsel has been violated, shall as a rule be assessed within the framework of the court's free evaluation of evidence. Normally, there are no grounds for rejecting such evidence on the ground that it would obviously be without effect.
3.12
General Principles - Clarity and precision of legal provisions.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.13.27
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
Evidence / Evidence, dismissal / Evidence, value / Evidence, obtained in breach of human rights / Evidence, free evaluation, principle / Defence counsel, proceedings, criminal / Fair trial.
An express legislative provision to the effect that there is no right of appeal from a decision by the Swedish Public Employment Service to claim repayment of financial support is constitutionally compliant. There is no reason to allow such decisions to be appealed to an administrative court, as there are several ways in which such decisions may be subject to judicial review.
1.3.5.13
Constitutional Justice - Jurisdiction - The subject of review - Administrative acts.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Employment service, financial support, repayment.
The Government’s decision regarding an application for citizenship did not concern the applicant’s civil rights or obligations within the meaning of Article 6.1 ECHR.
5.3.8
Fundamental Rights - Civil and political rights - Right to citizenship or nationality.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Citizenship, application, rejection.
Questions had arisen over the constitutionality of certain provisions introduced to amend the legislation on the status and social protection of citizens affected by the Chernobyl disaster and which dealt with the minimum amounts of disability pension in the case of injury and pension in the case of the loss of the breadwinner.
Summary
I. The applicants in this matter, a group comprising... Read more
3.10
General Principles - Certainty of the law.
4.5.2
Institutions - Legislative bodies - Powers.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Chernobyl victims, legislation, social guarantees / Pension, provision, amount, changes.
Questions had arisen over the constitutionality of certain provisions of the Civil Code which prohibit actions by a person committed with the intent to harm another person, as well as abuse of rights in other forms, and which stipulate that a court may decline to protect the civil rights and interests of the perpetrator of such actions.
3.10
General Principles - Certainty of the law.
5.1.1.5.1
Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Rights, procedural, abuse / Judicial, protection, refusal.
The solitary confinement of a child in custody does not automatically violate Article 3 ECHR, which prohibits inhuman or degrading treatment or punishment. There will be a violation of Article 3 ECHR only if, in all the circumstances of a particular case, the ill-treatment reaches the requisite minimum level of severity.
2.1.1.1.2
Sources - Categories - Written rules - National rules - Quasi-constitutional enactments.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Detention, children / Solitary confinement.
Legislation which limits payment of a subsistence benefit to the amount payable in respect of two children is compatible with Articles 8 ECHR (right to respect for private and family life), 12 ECHR (right to marry), and 14 ECHR (prohibition of discrimination) read with Article 8 ECHR and with Article 1 Protocol 1 ECHR (protection of property). A low intensity of review is appropriate in this... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
3.4
General Principles - Separation of powers.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
Tax credit, children, limit / Discrimination on ground of sex, presumption.
The right to due process prohibits excessively vague or arbitrary criminal laws, especially when the punishment is severe.
The term "ordinary case" without further elucidation is unconstitutionally vague because it risks unpredictable interpretation.
3.10
General Principles - Certainty of the law.
3.22
General Principles - Prohibition of arbitrariness.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
Statutory vagueness / Felony, aggravated, deportation.
A state law broadly banning "political apparel" in a polling place violates the right to free speech.
Speech may be regulated in a non-public forum provided that the restriction is content-neutral and reasonable for advancing the purpose of the forum.
A speech restriction is "reasonable" if it operates on "objective, workable standards."
3.13
General Principles - Legality.
3.20
General Principles - Reasonableness.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.41.3
Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting.
Speech, political / Expression, political / Political apparel, prohibition / Polling station, political apparel, prohibition.
Defendants have a constitutional right to choose the objective of their defense and to insist that his counsel refrain from admitting guilt.
Even when counsel believes admitting guilt is in the best interest of the defendant, counsel may not concede guilt if the defendant insists otherwise.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.27
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
Counsel, effective, assistance / Counsel, rejection, right / Guilt, admission, rejection, right.
Religious and philosophical objections to gay marriage are protected views and, in some instances, also protected forms of expression.
The Colorado Civil Rights Commission violated the State’s duty to avoid hostility toward religion or a religious viewpoint in the State’s regulatory regime.
3.17
General Principles - Weighing of interests.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.4.22
Fundamental Rights - Economic, social and cultural rights - Artistic freedom.
Marriage, same-sex / Religion, neutrality of the state / Cake, expressive statement.
Cell-phone location data cannot be seized without a warrant supported by probable cause.
Cellular data which tracks a person’s movements and location is within the scope of an individual’s right to privacy under the Fourth Amendment to the U.S. Constitution.
Cell-site location data collected by wireless carriers does not fall within the scope of the "third-party doctrine," which holds... Read more
3.20
General Principles - Reasonableness.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
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.
Information, digital / Search, law enforcement / Data, cellular phone / Warrant, judicial / Evidence, admissibility / Cell-phone, location data, sharing.
The President of the United States is granted broad discretion in immigration matters. As such, he may suspend the entry of aliens into the United States for security reasons.
Foreign nationals seeking admission to the United States have no constitutional right to entry.
The admission and exclusion of foreign nationals is a fundamental sovereign attribute exercised by the Government’s political... Read more
1.3.5.10
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
Immigration, regulation, discretion / Entry, prohibition, discretion / National security, protection / Executive order, discretion / Foreigner, entry, admission, discretion.
Requiring healthcare providers to disclose alternative healthcare information—including the availability of abortion and contraceptives—violates the right to free speech.
"Professional speech" is not a separate category of speech; as such, it is protected on the same grounds as personal speech.
Medical and commercial disclosures are only required insofar as they remedy a potentially real not a... Read more
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Abortion, access / Maternity, protection / Health protection, system / Speech, professional / Speech, content based / Healthcare providers, information, obligation.
Public-sector unions may not extract union fees from non-consenting employees, even if those employees benefit from the union’s work.
Abood v. Detroit Board of Education (1977) erred in its decision and is thereby overruled.
States can still implement laws to avoid union free-riders, but the laws must be less restrictive means than the imposition of agency fees.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.4.11
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
Trade union, membership / Trade union, fee deduction, obligation / Labour relations / Employment, collective agreement / Union, right to bargain collectively / Stare decisis, socio-political reality, change / Stare decisis, overruling.
A prisoner who does not remember committing the crime they were convicted of may still be executed.
A prisoner cannot be executed if they do not rationally understand the reasons for their execution.
A prisoner who at one point understood the reasons for their execution but now cannot understand the rationale (due to recently onset dementia, psychosis, etc.) may not be executed.
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.
Punishment, capital / Punishment, cruel and unusual / Right to life, scope / Death penalty, non-imposition, guarantee.
The longstanding tradition of treating the federal and state governments as "dual sovereigns" is not overturned.
The prohibition of double jeopardy does not apply to an offense which is prosecuted by separate sovereigns.
The federal and state governments are separate sovereigns. Thus, a crime against the two sovereigns constitutes two offenses because each sovereign has an interest to vindicate.
3.6.3
General Principles - Structure of the State - Federal State.
3.20
General Principles - Reasonableness.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.14
Fundamental Rights - Civil and political rights -
Sovereignty, dual / Punishment, excessive / Double jeopardy.
Private operators of public access television channels are not state actors and therefore are not subject to constitutional liability.
A private entity qualifies as a state actor only if it exercises "powers traditionally exclusively reserved to the State," such as operating a public forum.
Public access television channels are not traditional, exclusive public forums that would be operated by... Read more
4.15
Institutions - Exercise of public functions by private bodies.
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.
Freedom of expression, artistic / Freedom of expression, collective / Media, broadcasting, public company / Media, cable television / Media, freedom of expression / Media, local television, legal system / Media, television / Public service, privatisation.
A war memorial consisting of a Latin cross may be maintained using public funds without violating the Establishment Clause of the First Amendment to the U.S. Constitution.
Memorials and monuments consisting of religious symbols may be preserved on the grounds that they took on new, secular significance.
The Latin cross may be viewed as a non-religious symbol, especially with regard to World War... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Religion, encouragement by the state / Religious symbol, secular significance / Religion, state, neutrality / Memorial, cross, maintenance, public funds.
A trademark registration law prohibiting registration of "immoral or scandalous matter" is an unconstitutional violation of the right to free speech.
Permitting "moral" trademarks but not "immoral" trademarks constitutes viewpoint discrimination that violates the First Amendment to the U.S. Constitution.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.4.12
Fundamental Rights - Economic, social and cultural rights - Right to intellectual property.
Trademark, registration, immoral, prohibition / Viewpoint discrimination.
An unconscious driver may generally be administered a warrantless test for Blood Alcohol Concentration (hereinafter, "BAC").
When there is a compelling need for official action and no time to secure a warrant, officials may administer a warrantless blood test.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
Blood alcohol concentration, test, warrant / Blood test / Evidence, illegally obtained / Evidence, admissibility / Warrant requirement, exception, emergency situation / Warrant, search, validity / Search, warrantless, emergency situation.
Partisan gerrymandering claims present political questions which are nonjusticiable by federal courts.
Issues of partisan gerrymandering must be dealt with by the legislative branch instead.
Districting for some level of partisan advantage is not unconstitutional in the United States of America, but there is a point at which gerrymandering has "gone too far."
Extreme cases of partisan... Read more
1.3.5.14
Constitutional Justice - Jurisdiction - The subject of review - Government acts.
4.9.1
Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting.
4.9.13
Institutions - Elections and instruments of direct democracy - Judicial control.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
Gerrymandering, partisan, justiciability / Election, gerrymandering / Election, administration / Election, constituency, boundaries, voters, number / Election, constitutional requirement / Election, equality of votes / Election, equal representation / Gerrymanding, racial / Gerrymandering, population inequality between districts.
The right to due process does not require a state to adopt an insanity test that turns on a defendant’s ability to recognise that his crime was morally wrong.
The U.S. Constitution does not guarantee any particular version of the insanity defense.
Individual states retain the authority to define the precise relationship between criminal culpability and mental illness.
3.20
General Principles - Reasonableness.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
Punishment, excessive / Punishment, capital / Punishment, capital, proportionality / Death penalty, insanity / Due process, fundamental elements.
The right to trial by jury requires a unanimous verdict to convict a defendant of a serious offense.
A defendant may not be convicted by a supermajority of ten out of twelve jurors.
The right to due process incorporates the right to a unanimous verdict against states.
Jury, verdict / Jury, trial / Unanimity, requirement / Criminal proceeding, right to trial by jury.
Workplace discrimination against homosexual persons is prohibited on the basis of sex-based discrimination.
Workplace discrimination against persons of transgender status is prohibited on the basis of sex-based discrimination.
So long as the plaintiff’s sex was one but-for cause of the decision to terminate his employment, that is enough to trigger legal protection.
3.20
General Principles - Reasonableness.
3.21
General Principles - Equality.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
Discrimination, sex / Discrimination, gender / Discrimination, gender identity / Discrimination, sexual orientation.
A clause which prohibited "direct or indirect" funding or religious educational institutions discriminated against religious schools and the families whose children attend them.
The U.S. Constitution’s Free Exercise Clause prohibits the unequal treatment of religious observers and demands that no special disabilities be imposed on the basis of religious status.
A provision that excludes... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
3.17
General Principles - Weighing of interests.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Religion, church, state funding, discrimination / Education programme, government, financial assistance / School, religious.
The First Amendment to the U.S. Constitution, by means of the ministerial exception, forecloses the adjudication of certain employment-discrimination claims against religious employers.
An employee’s function is central to the inquiry whether or not the employee should be considered a minister for the purposes of the ministerial exception.
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
Religious community, self-determination / School, religious / School, religion teachers / Religion, church, sovereignty / Employment contract, cessation / Employment, discrimination / Employment, ecclesiastical law, judicial treatment / Minister, ministerial exception.
Article II of the U.S. Constitution does not preclude, or require a heightened standard for, the issuance of a state criminal subpoena to a sitting President.
The President of the United States does not have absolute immunity from state criminal subpoenas.
3.4
General Principles - Separation of powers.
3.6.3
General Principles - Structure of the State - Federal State.
4.4.6.1.1.1
Institutions - Head of State - Status - Liability - Legal liability - Immunity.
4.7.1
Institutions - Judicial bodies - Jurisdiction.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
Judicial proceedings, suspension / Court, jurisdiction, constitutional issue / Executive power, accountability / Subpoena, issuance.
1.1.4.1 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Head of State. MDA-2021-1-004, MDA-2021-1-006, MDA-2021-1-009 1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies. ITA-2021-1-003, MDA-2021-1-004, MDA-2021-1-006, MDA-2021-1-009 1.2.1.1 Constitutional Justice - Types of claim - Claim by a public body - Head of State. MDA-2021-1-009 1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies. ESP-2021-1-002 1.2.2.1 Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person. BEL-2021-1-002 1.3.1 Constitutional Justice - Jurisdiction - Scope of review. CRO-2021-1-005 1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review. CRO-2021-1-003, CRO-2021-1-005, MDA-2021-1-004, MDA-2021-1-005, MDA-2021-1-006 1.3.3 Constitutional Justice - Jurisdiction - Advisory powers. MDA-2021-1-009 1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms. ITA-2021-1-001, ITA-2021-1-002, ITA-2021-1-003 1.3.4.7.3 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Removal from parliamentary office. ESP-2021-1-004, ESP-2021-1-005 1.3.4.10 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments. MDA-2021-1-005 1.3.4.11 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of constitutional revision. CRO-2021-1-003 1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law. ITA-2021-1-001, ITA-2021-1-002, ITA-2021-1-003, MDA-2021-1-005 1.3.5.6 Constitutional Justice - Jurisdiction - The subject of review - Decrees of the Head of State. MDA-2021-1-004, MDA-2021-1-006, MDA-2021-1-009 1.3.5.8 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities. BRA-2021-1-011 1.3.5.10 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive. CRO-2021-1-005, USA-2021-1-006 1.3.5.13 Constitutional Justice - Jurisdiction - The subject of review - Administrative acts. SWE-2021-1-003 1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts. GRE-2021-1-003, USA-2021-1-015 1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation. EST-2021-1-001, GER-2021-1-002 1.4.3.3 Constitutional Justice - Procedure - Time-limits for instituting proceedings - Leave to appeal out of time. CZE-2021-1-002 1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi. MEX-2021-1-002 1.4.10 Constitutional Justice - Procedure - Interlocutory proceedings. GRE-2021-1-003 1.4.10.7 Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU. GRE-2021-1-002, ITA-2021-1-001 1.4.14.1 Constitutional Justice - Procedure - Costs - Waiver of court fees. LIE-2021-1-001 1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality. ITA-2021-1-001, ITA-2021-1-002 1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures. GER-2021-1-009 1.6.5 Constitutional Justice - Effects - Temporal effect. ITA-2021-1-002 1.6.7 Constitutional Justice - Effects - Influence on State organs. ITA-2021-1-003 2.1.1.1 Sources - Categories - Written rules - National rules. ITA-2021-1-001, ITA-2021-1-002, ITA-2021-1-003, KOS-2021-1-001, POR-2021-1-001 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. CZE-2021-1-001, CZE-2021-1-002, CZE-2021-1-003, ESP-2021-1-005, ESP-2021-1-006, ITA-2021-1-002, ITA-2021-1-003, NOR-2021-1-001, NOR-2021-1-002 2.1.1.1.2 Sources - Categories - Written rules - National rules - Quasi-constitutional enactments. GBR-2021-1-001 2.1.1.2 Sources - Categories - Written rules - National rules from other countries. KOS-2021-1-001 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. ITA-2021-1-001, POR-2021-1-001 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. BEL-2021-1-004, BIH-2021-1-002, ESP-2021-1-006, GBR-2021-1-001, GBR-2021-1-002, GRE-2021-1-001 2.1.1.4.6 Sources - Categories - Written rules - International instruments - European Social Charter of 1961. ITA-2021-1-001 2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966. ARG-2021-1-001, BEL-2021-1-004 2.1.1.4.11 Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969. ARG-2021-1-001 2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000. ECJ-2021-1-002, ECJ-2021-1-005, ITA-2021-1-001, POR-2021-1-001 2.1.2.1 Sources - Categories - Unwritten rules - Constitutional custom. NOR-2021-1-002 2.1.2.2 Sources - Categories - Unwritten rules - General principles of law. ITA-2021-1-003 2.1.3.1 Sources - Categories - Case-law - Domestic case-law. GBR-2021-1-001, GBR-2021-1-002, KOS-2021-1-001, MDA-2021-1-005 2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights. ESP-2021-1-006, GBR-2021-1-001, GRE-2021-1-001, ITA-2021-1-003, KOS-2021-1-001 2.1.3.2.2 Sources - Categories - Case-law - International case-law - Court of Justice of the European Union. ITA-2021-1-003, POR-2021-1-001 2.2.1.5 Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments. GBR-2021-1-001, GBR-2021-1-002 2.2.1.6 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law. ITA-2021-1-001 2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution. ESP-2021-1-004, ESP-2021-1-005, KOS-2021-1-001 2.3 Sources - Techniques of review. BRA-2021-1-008 2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation. BRA-2021-1-008, ESP-2021-1-007 2.3.10 Sources - Techniques of review - Contextual interpretation. ESP-2021-1-007 2.3.11 Sources - Techniques of review - Pro homine/most favourable interpretation to the individual. ESP-2021-1-007, MEX-2021-1-002 3.1 General Principles - Sovereignty. ECH-2021-1-003 3.3.1 General Principles - Democracy - Representative democracy. CZE-2021-1-001, ESP-2021-1-002, GER-2021-1-002, GER-2021-1-007, GER-2021-1-008 3.3.2 General Principles - Democracy - Direct democracy. ALG-2021-1-001 3.4 General Principles - Separation of powers. BRA-2021-1-001, BRA-2021-1-006, BRA-2021-1-010, CAN-2021-1-001, CRO-2021-1-003, CRO-2021-1-004, ESP-2021-1-002, ESP-2021-1-003, EST-2021-1-003, GBR-2021-1-002, KOR-2021-1-001, USA-2021-1-021 3.6.3 General Principles - Structure of the State - Federal State. GER-2021-1-005, USA-2021-1-010, USA-2021-1-021 3.7 General Principles - Relations between the State and bodies of a religious or ideological nature. BRA-2021-1-012, BRA-2021-1-013, USA-2021-1-012, USA-2021-1-019, USA-2021-1-020 3.8 General Principles - Territorial principles. ECH-2021-1-003 3.8.1 General Principles - Territorial principles - Indivisibility of the territory. ESP-2021-1-004 3.9 General Principles - Rule of law. ALG-2021-1-004, BIH-2021-1-002, BLR-2021-1-001, CRO-2021-1-003, CZE-2021-1-002, ECJ-2021-1-002, LTU-2021-1-001, LTU-2021-1-002 3.10 General Principles - Certainty of the law. AZE-2021-1-001, ECJ-2021-1-006, ESP-2021-1-003, ESP-2021-1-004, ESP-2021-1-005, EST-2021-1-002, ROM-2021-1-001, UKR-2021-1-001, UKR-2021-1-002, USA-2021-1-001 3.12 General Principles - Clarity and precision of legal provisions. ESP-2021-1-003, FRA-2021-1-006, GRE-2021-1-001, MDA-2021-1-002, SWE-2021-1-001, SWE-2021-1-002 3.13 General Principles - Legality. BLR-2021-1-001, CRO-2021-1-001, CRO-2021-1-002, CRO-2021-1-005, GRE-2021-1-003, MDA-2021-1-007, POR-2021-1-002, USA-2021-1-002 3.14 General Principles - Nullum crimen, nulla poena sine lege. BEL-2021-1-002 3.15 General Principles - Publication of laws. ESP-2021-1-004, ESP-2021-1-005 3.16 General Principles - Proportionality. BIH-2021-1-002, BRA-2021-1-001, BRA-2021-1-008, BRA-2021-1-009, BRA-2021-1-012, CRO-2021-1-001, CRO-2021-1-002, ECH-2021-1-004, ECH-2021-1-005, ECJ-2021-1-002, ESP-2021-1-006, FRA-2021-1-002, FRA-2021-1-003, GRE-2021-1-003, KOR-2021-1-002, KOR-2021-1-003, LTU-2021-1-002, MDA-2021-1-002, MDA-2021-1-007, POR-2021-1-002, SLO-2021-1-002, SLO-2021-1-003, SLO-2021-1-004 3.17 General Principles - Weighing of interests. AUT-2021-1-001, BIH-2021-1-002, BRA-2021-1-012, CRO-2021-1-001, CRO-2021-1-002, GER-2021-1-003, GER-2021-1-008, GER-2021-1-009, GRE-2021-1-003, ITA-2021-1-003, KOR-2021-1-002, MDA-2021-1-002, USA-2021-1-004, USA-2021-1-019 3.18 General Principles - General interest. ARG-2021-1-001, CRO-2021-1-001, CRO-2021-1-002, ESP-2021-1-004, ESP-2021-1-005, FRA-2021-1-003, GRE-2021-1-001, GRE-2021-1-003, MDA-2021-1-002 3.19 General Principles - Margin of appreciation. GER-2021-1-002, GER-2021-1-008, KOR-2021-1-001 3.20 General Principles - Reasonableness. BRA-2021-1-001, BRA-2021-1-008, BRA-2021-1-009, CZE-2021-1-003, ECH-2021-1-012, ITA-2021-1-002, MDA-2021-1-007, USA-2021-1-002, USA-2021-1-005, USA-2021-1-010, USA-2021-1-016, USA-2021-1-018 3.21 General Principles - Equality. ALG-2021-1-002, ALG-2021-1-003, CRO-2021-1-005, ITA-2021-1-001, ITA-2021-1-003, MDA-2021-1-001, POR-2021-1-001, USA-2021-1-018 3.22 General Principles - Prohibition of arbitrariness. BIH-2021-1-002, CZE-2021-1-002, ECH-2021-1-001, ECH-2021-1-002, ECH-2021-1-012, ITA-2021-1-001, ITA-2021-1-002, ITA-2021-1-003, LIE-2021-1-001, USA-2021-1-001 3.23 General Principles - Equity. ITA-2021-1-001 3.25 General Principles - Market economy. BRA-2021-1-011, MDA-2021-1-005 4.3.1 Institutions - Languages - Official language(s). MDA-2021-1-003 4.3.4 Institutions - Languages - Minority language(s). MDA-2021-1-003 4.4.3 Institutions - Head of State - Powers. CRO-2021-1-004, ECJ-2021-1-003, ECJ-2021-1-005 4.4.3.1 Institutions - Head of State - Powers - Relations with legislative bodies. CRO-2021-1-004, MDA-2021-1-004, MDA-2021-1-006, MDA-2021-1-009 4.4.3.2 Institutions - Head of State - Powers - Relations with the executive bodies. MDA-2021-1-004, MDA-2021-1-006, MDA-2021-1-009 4.4.3.3 Institutions - Head of State - Powers - Relations with judicial bodies. CRO-2021-1-004 4.4.3.4 Institutions - Head of State - Powers - Promulgation of laws. BRA-2021-1-006, BRA-2021-1-009, BRA-2021-1-012 4.4.4.3 Institutions - Head of State - Appointment - Direct/indirect election. ALG-2021-1-001 4.4.5.2 Institutions - Head of State - Term of office - Duration of office. ALG-2021-1-001 4.4.6.1.1.1 Institutions - Head of State - Status - Liability - Legal liability - Immunity. USA-2021-1-021 4.4.6.1.2 Institutions - Head of State - Status - Liability - Political responsibility. BRA-2021-1-004, BRA-2021-1-005, BRA-2021-1-006, BRA-2021-1-010, BRA-2021-1-012 4.5 Institutions - Legislative bodies. CRO-2021-1-004 4.5.2 Institutions - Legislative bodies - Powers. GER-2021-1-005, UKR-2021-1-001 4.5.2.1 Institutions - Legislative bodies - Powers - Competences with respect to international agreements. GER-2021-1-003, GER-2021-1-008 4.5.3.1 Institutions - Legislative bodies - Composition - Election of members. GER-2021-1-002, GER-2021-1-007 4.5.3.4 Institutions - Legislative bodies - Composition - Term of office of members. MDA-2021-1-009, MEX-2021-1-002 4.5.3.4.1 Institutions - Legislative bodies - Composition - Term of office of members - Characteristics. MDA-2021-1-009 4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure. FRA-2021-1-006, MDA-2021-1-010 4.5.4.4 Institutions - Legislative bodies - Organisation - Committees. ESP-2021-1-002 4.5.7 Institutions - Legislative bodies - Relations with the executive bodies. MDA-2021-1-004, MDA-2021-1-006, MDA-2021-1-009 4.5.7.2 Institutions - Legislative bodies - Relations with the executive bodies - Questions of confidence. KOS-2021-1-001 4.5.10 Institutions - Legislative bodies - Political parties. GER-2021-1-007 4.6.2 Institutions - Executive bodies - Powers. CRO-2021-1-001, CRO-2021-1-002 4.6.3.2 Institutions - Executive bodies - Application of laws - Delegated rule-making powers. UKR-2021-1-001 4.6.4.1 Institutions - Executive bodies - Composition - Appointment of members. MDA-2021-1-004, MDA-2021-1-006 4.6.6 Institutions - Executive bodies - Relations with judicial bodies. BRA-2021-1-010 4.6.9.1 Institutions - Executive bodies - The civil service - Conditions of access. LTU-2021-1-002 4.6.10 Institutions - Executive bodies - Liability. ESP-2021-1-002 4.6.10.1 Institutions - Executive bodies - Liability - Legal liability. KOR-2021-1-001 4.6.10.1.3 Institutions - Executive bodies - Liability - Legal liability - Criminal liability. BRA-2021-1-010 4.6.10.2 Institutions - Executive bodies - Liability - Political responsibility. KOR-2021-1-001 4.7.1 Institutions - Judicial bodies - Jurisdiction. USA-2021-1-021 4.7.1.1 Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction. ROM-2021-1-001 4.7.2 Institutions - Judicial bodies - Procedure. ROM-2021-1-001 4.7.3 Institutions - Judicial bodies - Decisions. ROM-2021-1-001 4.7.4.1.1 Institutions - Judicial bodies - Organisation - Members - Qualifications. CRO-2021-1-004 4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment. CRO-2021-1-004, ECJ-2021-1-003, ECJ-2021-1-005 4.7.4.1.5 Institutions - Judicial bodies - Organisation - Members - End of office. ESP-2021-1-003 4.7.4.1.6.3 Institutions - Judicial bodies - Organisation - Members - Status - Irremovability. ESP-2021-1-003 4.7.4.2 Institutions - Judicial bodies - Organisation - Officers of the court. MDA-2021-1-007 4.7.4.3.1 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers. ECJ-2021-1-002 4.7.5 Institutions - Judicial bodies - Supreme Judicial Council or equivalent body. ECJ-2021-1-003 4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction. CZE-2021-1-003 4.7.7 Institutions - Judicial bodies - Supreme court. CRO-2021-1-004, ECJ-2021-1-003, ECJ-2021-1-005 4.7.14 Institutions - Judicial bodies - Arbitration. GER-2021-1-003 4.7.15.1 Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar. ARG-2021-1-001, KOR-2021-1-002 4.8 Institutions - Federalism, regionalism and local self-government. MEX-2021-1-002 4.8.1 Institutions - Federalism, regionalism and local self-government - Federal entities. BRA-2021-1-005 4.8.3 Institutions - Federalism, regionalism and local self-government - Municipalities. LTU-2021-1-003 4.8.4.1 Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy. BRA-2021-1-005, ESP-2021-1-004, ESP-2021-1-005 4.8.8 Institutions - Federalism, regionalism and local self-government - Distribution of powers. BRA-2021-1-001, BRA-2021-1-011, CAN-2021-1-001, GER-2021-1-005 4.8.8.3 Institutions - Federalism, regionalism and local self-government - Distribution of powers - Supervision. ESP-2021-1-004, ESP-2021-1-005 4.9.1 Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting. ALG-2021-1-004, USA-2021-1-015 4.9.3.1 Institutions - Elections and instruments of direct democracy - Electoral system - Method of voting. CZE-2021-1-001 4.9.4 Institutions - Elections and instruments of direct democracy - Constituencies. GER-2021-1-007 4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility. GER-2021-1-002, GER-2021-1-007 4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates. GER-2021-1-002, GER-2021-1-007, RUS-2021-1-001 4.9.8 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material. MEX-2021-1-001 4.9.8.1 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing. ALG-2021-1-004 4.9.9.3 Institutions - Elections and instruments of direct democracy - Voting procedures - Voting. KOR-2021-1-004 4.9.10 Institutions - Elections and instruments of direct democracy - Minimum participation rate required. CZE-2021-1-001 4.9.13 Institutions - Elections and instruments of direct democracy - Judicial control. USA-2021-1-015 4.10.2 Institutions - Public finances - Budget. GER-2021-1-008, MDA-2021-1-005, MDA-2021-1-010 4.10.5 Institutions - Public finances - Central bank. MDA-2021-1-010 4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces. ECH-2021-1-003 4.11.2 Institutions - Armed forces, police forces and secret services - Police forces. ESP-2021-1-004, EST-2021-1-003, KOR-2021-1-003 4.15 Institutions - Exercise of public functions by private bodies. ARG-2021-1-001, USA-2021-1-011 4.16 Institutions - International relations. ECH-2021-1-003 4.16.1 Institutions - International relations - Transfer of powers to international institutions. NOR-2021-1-001, NOR-2021-1-002 4.17.2.1 Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States. GER-2021-1-008, ITA-2021-1-001 4.18 Institutions - State of emergency and emergency powers. BIH-2021-1-002, BRA-2021-1-001, CZE-2021-1-002, FRA-2021-1-006, KOR-2021-1-001 5.1.1 Fundamental Rights - General questions - Entitlement to rights. BRA-2021-1-011, KOR-2021-1-003 5.1.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad. KOR-2021-1-005 5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners. SUI-2021-1-001, USA-2021-1-006 5.1.1.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons. BRA-2021-1-007, KOR-2021-1-003, RUS-2021-1-002, RUS-2021-1-003, UKR-2021-1-001 5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors. BEL-2021-1-002, ECH-2021-1-010, ESP-2021-1-006, ITA-2021-1-003 5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated. RUS-2021-1-001 5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees. FRA-2021-1-001, FRA-2021-1-002, FRA-2021-1-004, FRA-2021-1-007 5.1.1.5.1 Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law. UKR-2021-1-002 5.1.2 Fundamental Rights - General questions - Horizontal effects. RSA-2021-1-002 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. BRA-2021-1-010, ECH-2021-1-004, ECH-2021-1-007, ECH-2021-1-010, ECH-2021-1-014, GER-2021-1-004 5.1.4 Fundamental Rights - General questions - Limits and restrictions. CRO-2021-1-001, CRO-2021-1-002, GRE-2021-1-001, GRE-2021-1-003 5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation. BIH-2021-1-002, BRA-2021-1-012 5.1.4.3 Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation. BIH-2021-1-002 5.1.5 Fundamental Rights - General questions - Emergency situations. BIH-2021-1-002, BRA-2021-1-003, BRA-2021-1-004, BRA-2021-1-005, BRA-2021-1-008, BRA-2021-1-009, BRA-2021-1-010, BRA-2021-1-011, CRO-2021-1-001, CRO-2021-1-002, FRA-2021-1-001, FRA-2021-1-002, GRE-2021-1-003, KOR-2021-1-001, SLO-2021-1-003, SLO-2021-1-004, USA-2021-1-014 5.2 Fundamental Rights - Equality. ALG-2021-1-004 5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens. FRA-2021-1-003, KOR-2021-1-005 5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment. BRA-2021-1-007, CRO-2021-1-002, ECJ-2021-1-001 5.2.1.2.2 Fundamental Rights - Equality - Scope of application - Employment - In public law. ALG-2021-1-002, ALG-2021-1-003, GRE-2021-1-002 5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security. ECJ-2021-1-001, RSA-2021-1-003 5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections. GER-2021-1-002, GER-2021-1-007, KOR-2021-1-004, USA-2021-1-015 5.2.2 Fundamental Rights - Equality - Criteria of distinction. RSA-2021-1-004 5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender. ECH-2021-1-008, GBR-2021-1-002, GER-2021-1-002, GRE-2021-1-002, RSA-2021-1-002, RSA-2021-1-003, USA-2021-1-018 5.2.2.2 Fundamental Rights - Equality - Criteria of distinction - Race. RSA-2021-1-003 5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin. ECH-2021-1-011, RSA-2021-1-003 5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality. KOR-2021-1-005, USA-2021-1-006 5.2.2.5 Fundamental Rights - Equality - Criteria of distinction - Social origin. RSA-2021-1-003 5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion. USA-2021-1-004, USA-2021-1-019 5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age. ESP-2021-1-006, RSA-2021-1-003 5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability. ECJ-2021-1-001, KOR-2021-1-004 5.2.2.10 Fundamental Rights - Equality - Criteria of distinction - Language. MDA-2021-1-003 5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation. ECH-2021-1-004, ITA-2021-1-003, USA-2021-1-018 5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status. ITA-2021-1-003 5.2.3 Fundamental Rights - Equality - Affirmative action. GER-2021-1-002 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. BRA-2021-1-007, ECH-2021-1-005, ESP-2021-1-006, FRA-2021-1-007, GER-2021-1-001, ITA-2021-1-003, POR-2021-1-002, ROM-2021-1-003, RSA-2021-1-001, RSA-2021-1-003 5.3.2 Fundamental Rights - Civil and political rights - Right to life. BRA-2021-1-003, BRA-2021-1-004, BRA-2021-1-005, BRA-2021-1-006, BRA-2021-1-010, BRA-2021-1-012, ECH-2021-1-006, ECH-2021-1-009, ECH-2021-1-014, GER-2021-1-004, KOR-2021-1-003, USA-2021-1-009 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. ECH-2021-1-004, ECH-2021-1-006, ECH-2021-1-007, ECH-2021-1-013, FRA-2021-1-007, GBR-2021-1-001, POR-2021-1-002, SRB-2021-1-001, USA-2021-1-009, USA-2021-1-016 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. BRA-2021-1-004, ESP-2021-1-006, GER-2021-1-001, GER-2021-1-004, SRB-2021-1-001 5.3.5 Fundamental Rights - Civil and political rights - Individual liberty. BRA-2021-1-002, USA-2021-1-005 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. BRA-2021-1-004, ECH-2021-1-006, EST-2021-1-001, FRA-2021-1-007, MDA-2021-1-007, ROM-2021-1-002, ROM-2021-1-003 5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest. ECH-2021-1-001, FRA-2021-1-007, SRB-2021-1-001 5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures. MDA-2021-1-007 5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial. ECH-2021-1-012, FRA-2021-1-001, FRA-2021-1-002 5.3.5.1.4 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release. BRA-2021-1-004, EST-2021-1-001 5.3.5.2 Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour. ECH-2021-1-010 5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement. BIH-2021-1-002, SLO-2021-1-003, USA-2021-1-006 5.3.7 Fundamental Rights - Civil and political rights - Right to emigrate. KOR-2021-1-005 5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality. KOR-2021-1-005, SWE-2021-1-004 5.3.9 Fundamental Rights - Civil and political rights - Right of residence. SUI-2021-1-001, USA-2021-1-001 5.3.11 Fundamental Rights - Civil and political rights - Right of asylum. ECH-2021-1-013, SLO-2021-1-001, SRB-2021-1-001 5.3.12 Fundamental Rights - Civil and political rights - Security of the person. BRA-2021-1-004, BRA-2021-1-005, BRA-2021-1-006, BRA-2021-1-010, BRA-2021-1-012 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. BEL-2021-1-004, ECH-2021-1-010, LTU-2021-1-001 5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings. AZE-2021-1-002 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. ECJ-2021-1-006, FRA-2021-1-001, FRA-2021-1-004, MDA-2021-1-008, POR-2021-1-002, ROM-2021-1-001, ROM-2021-1-002, ROM-2021-1-003, USA-2021-1-003, USA-2021-1-010 5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings. USA-2021-1-016 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. ARM-2021-1-001, FRA-2021-1-007, GER-2021-1-003, ROM-2021-1-002, ROM-2021-1-003, SRB-2021-1-001 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. AZE-2021-1-002, FRA-2021-1-002, FRA-2021-1-007, GER-2021-1-003, GER-2021-1-006, MDA-2021-1-008, NOR-2021-1-001, ROM-2021-1-002, ROM-2021-1-003, RSA-2021-1-001, SWE-2021-1-003, SWE-2021-1-004, UKR-2021-1-002 5.3.13.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction. ALG-2021-1-002, ALG-2021-1-003 5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice. FRA-2021-1-001 5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. USA-2021-1-021 5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence. ECJ-2021-1-003 5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality. USA-2021-1-004 5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence. SWE-2021-1-002, USA-2021-1-005, USA-2021-1-014 5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. ARM-2021-1-001, BIH-2021-1-001, ECH-2021-1-010, ECH-2021-1-012, ROM-2021-1-003, SLO-2021-1-001, SLO-2021-1-002 5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle. AZE-2021-1-001 5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. BEL-2021-1-002, FRA-2021-1-004, ROM-2021-1-002, ROM-2021-1-003, RUS-2021-1-003 5.3.13.23 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent. BEL-2021-1-002, FRA-2021-1-004 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. EST-2021-1-001, FRA-2021-1-004 5.3.13.24 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the reasons of detention. ROM-2021-1-003 5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel. SRB-2021-1-001, SWE-2021-1-002, USA-2021-1-003 5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem. ECH-2021-1-004, ECJ-2021-1-006, USA-2021-1-010 5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime. RUS-2021-1-002 5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State. CZE-2021-1-003, KOR-2021-1-001, ROM-2021-1-002 5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience. USA-2021-1-004, USA-2021-1-007, USA-2021-1-012 5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion. ESP-2021-1-007 5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship. BRA-2021-1-013, CRO-2021-1-001, CRO-2021-1-002, USA-2021-1-012, USA-2021-1-019, USA-2021-1-020 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. BEL-2021-1-003, BRA-2021-1-002, ECH-2021-1-011, ESP-2021-1-007, MEX-2021-1-001, SLO-2021-1-002, SWE-2021-1-001, USA-2021-1-002, USA-2021-1-004, USA-2021-1-007, USA-2021-1-008, USA-2021-1-011, USA-2021-1-013 5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press. BRA-2021-1-002, ESP-2021-1-001 5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication. BRA-2021-1-002, ECJ-2021-1-004, ESP-2021-1-001, MEX-2021-1-001, USA-2021-1-011 5.3.24 Fundamental Rights - Civil and political rights - Right to information. ARG-2021-1-001, AUT-2021-1-001, BRA-2021-1-003, BRA-2021-1-006, ESP-2021-1-001, MDA-2021-1-002 5.3.25 Fundamental Rights - Civil and political rights - Right to administrative transparency. ARG-2021-1-001, BRA-2021-1-005, BRA-2021-1-006 5.3.25.1 Fundamental Rights - Civil and political rights - Right to administrative transparency - Right of access to administrative documents. ARG-2021-1-001 5.3.26 Fundamental Rights - Civil and political rights - National service. KOR-2021-1-005 5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly. KOR-2021-1-003 5.3.29 Fundamental Rights - Civil and political rights - Right to participate in public affairs. FRA-2021-1-005, MEX-2021-1-002 5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity. ALG-2021-1-004, BRA-2021-1-009, CZE-2021-1-001, MEX-2021-1-002 5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation. BRA-2021-1-002, ESP-2021-1-001 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. AUT-2021-1-001, BEL-2021-1-004, BIH-2021-1-002, ECH-2021-1-002, ECH-2021-1-005, ECH-2021-1-006, ECH-2021-1-007, ECH-2021-1-011, ESP-2021-1-006, GER-2021-1-001, MDA-2021-1-001, SUI-2021-1-001 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. AUT-2021-1-001, BEL-2021-1-001, BEL-2021-1-003, BLR-2021-1-001, BRA-2021-1-002, ECJ-2021-1-002, GER-2021-1-001, KOR-2021-1-002, RSA-2021-1-001, USA-2021-1-005 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. GER-2021-1-006, GRE-2021-1-001, ITA-2021-1-003, SUI-2021-1-001 5.3.33.1 Fundamental Rights - Civil and political rights - Right to family life - Descent. ITA-2021-1-003 5.3.33.2 Fundamental Rights - Civil and political rights - Right to family life - Succession. RSA-2021-1-002 5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home. BEL-2021-1-004 5.3.36.1 Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence. RSA-2021-1-001 5.3.36.2 Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications. ECJ-2021-1-002, USA-2021-1-005 5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications. BEL-2021-1-003 5.3.38 Fundamental Rights - Civil and political rights - Non-retrospective effect of law. GRE-2021-1-001 5.3.38.1 Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law. GER-2021-1-001 5.3.39 Fundamental Rights - Civil and political rights - Right to property. AZE-2021-1-002, CRO-2021-1-002, ECH-2021-1-006, ECH-2021-1-008, ECJ-2021-1-004, EST-2021-1-002, GER-2021-1-003, GER-2021-1-004 5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations. RSA-2021-1-003 5.3.41 Fundamental Rights - Civil and political rights - Electoral rights. LTU-2021-1-003, MEX-2021-1-002 5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote. GER-2021-1-002, KOR-2021-1-004, LTU-2021-1-003 5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election. GER-2021-1-002, GER-2021-1-007 5.3.41.3 Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting. GER-2021-1-002, KOR-2021-1-004, USA-2021-1-002 5.3.41.4 Fundamental Rights - Civil and political rights - Electoral rights - Secret ballot. KOR-2021-1-004 5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation. ITA-2021-1-002 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. BEL-2021-1-002, ECH-2021-1-007, ESP-2021-1-006, ITA-2021-1-003 5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities. BRA-2021-1-003 5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education. BRA-2021-1-001, BRA-2021-1-013, ECH-2021-1-006, SLO-2021-1-004 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. BRA-2021-1-007, ITA-2021-1-001, LTU-2021-1-002 5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. EST-2021-1-003, POR-2021-1-002 5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. CRO-2021-1-002, CZE-2021-1-002, FRA-2021-1-003 5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection. BRA-2021-1-011 5.4.8 Fundamental Rights - Economic, social and cultural rights - Freedom of contract. BRA-2021-1-001, BRA-2021-1-011 5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service. BRA-2021-1-003, BRA-2021-1-008, BRA-2021-1-009, BRA-2021-1-010, BRA-2021-1-011, LTU-2021-1-002 5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions. USA-2021-1-008 5.4.12 Fundamental Rights - Economic, social and cultural rights - Right to intellectual property. ECJ-2021-1-004, USA-2021-1-013 5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing. RSA-2021-1-003 5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security. RSA-2021-1-003, UKR-2021-1-001 5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension. EST-2021-1-002, UKR-2021-1-001 5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions. BRA-2021-1-007 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. BRA-2021-1-003, BRA-2021-1-004, BRA-2021-1-005, BRA-2021-1-006, BRA-2021-1-008, BRA-2021-1-009, BRA-2021-1-010, BRA-2021-1-011, BRA-2021-1-012, CRO-2021-1-001, CRO-2021-1-002, ESP-2021-1-006, FRA-2021-1-001, FRA-2021-1-005, RSA-2021-1-003 5.4.22 Fundamental Rights - Economic, social and cultural rights - Artistic freedom. USA-2021-1-004 5.5.1 Fundamental Rights - Collective rights - Right to the environment. CRO-2021-1-005, FRA-2021-1-005, GER-2021-1-004 5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights. CAN-2021-1-002
5G, rollout
FRA-2021-1-003 Abortion, access
USA-2021-1-007 Abstract review, legislative model, repeal
CRO-2021-1-005 Access to courts, arbitration, clause, jurisdiction
GER-2021-1-003 Action on grounds of failure to fulfil obligations, justifications
ESP-2021-1-005 Administrative practice, civilian, killing
ECH-2021-1-006 Administrative practice, direct evidence
ECH-2021-1-003 Administrative practice, home, inability to return
ECH-2021-1-006 Administrative practice, house, looting
ECH-2021-1-006 Administrative practice, house, torching
ECH-2021-1-006 Administrative practice, official tolerance
ECH-2021-1-003 Administrative practice, repetition of acts
ECH-2021-1-003 Adoption
ITA-2021-1-003 Agricultural products, securities, subsidies
POR-2021-1-001 Aim, legitimate
MDA-2021-1-002 Aliens, expulsion, collective
SRB-2021-1-001 Anti-Semitism
ECH-2021-1-011 Appearance, videoconference
FRA-2021-1-001 Application to join, constitutional complaint
KOR-2021-1-003 Approval
MDA-2021-1-005 Arbitration, award, damages
GER-2021-1-003 Arbitration, clause, investment, treaty
GER-2021-1-003 Area, effective control
ECH-2021-1-003 Armed conflict, extraterritorial, jurisdictional link
ECH-2021-1-009 Army, airstrike, civilian death, investigation
ECH-2021-1-009 Army, exclusive jurisdiction
ECH-2021-1-009 Arrest warrant, international, refugee
ECH-2021-1-001 Asset, private property
RSA-2021-1-002 Assistance, legal, effective
LTU-2021-1-001 Asylum, application, rejection
SLO-2021-1-001 Asylum, application, substantiation
SLO-2021-1-001 Authorisation, legislative, duration
ESP-2021-1-004, ESP-2021-1-005 Authority, administrative, independent, power, scope
ESP-2021-1-004, ESP-2021-1-005 Autonomy, restricted
ESP-2021-1-005 Autonomy, restriction
ESP-2021-1-004 Autonomy, secession, unilateral
ESP-2021-1-005 Bailiff
MDA-2021-1-007 Balancing of interests, proportionality, justified interference
MDA-2021-1-002 Bar examination
KOR-2021-1-002 Bar Examination, management, fairness, transparency
KOR-2021-1-002 Beggar, vulnerable
ECH-2021-1-005 Begging, aggressive
ECH-2021-1-005 Begging, blanket prohibition, criminal
ECH-2021-1-005 Begging, means of survival
ECH-2021-1-005 Begging, right to private life
ECH-2021-1-005 Bibles, mandatory maintenance
BRA-2021-1-013 Biodiversity
FRA-2021-1-005 Blood alcohol concentration, test, warrant
USA-2021-1-014 Blood test
USA-2021-1-014 Bodily harm, intentional, offence
RUS-2021-1-003 Budget
MDA-2021-1-005 Budget, expenditure
MDA-2021-1-010 Cake, expressive statement
USA-2021-1-004 Candidates, equal opportunities, equality, gender, difference, biological
GRE-2021-1-002 Capital markets, borrowing
GER-2021-1-008 Catering facilities, suspension of work
CRO-2021-1-002 Cell-phone, location data, sharing
USA-2021-1-005 Censorship
BRA-2021-1-002 Charges, fabricated
ECH-2021-1-001 Chernobyl victims, legislation, social guarantees
UKR-2021-1-001 Child trafficking
ECH-2021-1-010 Child, abuse by other child
ECH-2021-1-007 Child, best interests
ITA-2021-1-003 Child, sexual abuse, investigation
ECH-2021-1-007 Circumstance, exceptional
BIH-2021-1-002 Citizenship, application, rejection
SWE-2021-1-004 Civil register, amendment, name, sex
ESP-2021-1-006 Climate Change
GER-2021-1-004 Coercive measures
ESP-2021-1-005, ESP-2021-1-004 Communication, electronic
BEL-2021-1-003 Communication, interception, bulk, surveillance
RSA-2021-1-001 Community, territorial
LTU-2021-1-003 Competence, professional
GRE-2021-1-001 Competent body, formalities, observance
ESP-2021-1-004, ESP-2021-1-005 Complainant, deceased, termination, adjudication proceedings, exception, judicial interest
KOR-2021-1-003 Complaint, prosecution, consent
RUS-2021-1-003 Connection, sufficient
MDA-2021-1-008 Constitution
MDA-2021-1-004, MDA-2021-1-006 Constitution, identity
GER-2021-1-003, GER-2021-1-008 Constitution, interpretation, jurisdiction of federal government
CAN-2021-1-001 Constitution, spirit
ALG-2021-1-001 Constitutional Court, jurisdiction, limit
CRO-2021-1-003 Constitutional Justice, external limits
ITA-2021-1-003 Constitutional review, NGO, request, admissibility
NOR-2021-1-001 Continuation of custody
FRA-2021-1-002 Continuity of operation of constitutional institutions
ALG-2021-1-001 Contract, applicable law
BRA-2021-1-001, BRA-2021-1-011 Contract, fulfilment
BRA-2021-1-011 Contract, obligation to negotiate
BRA-2021-1-011, BRA-2021-1-001 Contract, obligation, failure to fulfil
BRA-2021-1-001 Contract, obligation, inability to fulfil
BRA-2021-1-011, BRA-2021-1-001 Contract, performance, good faith
BRA-2021-1-001 Convention relating to the Status of Refugees, 1951
ECH-2021-1-001 Co-operation between different Courts
ITA-2021-1-001 Copyright, protection, circumvention
ECJ-2021-1-004 Costs, litigation, distribution
LTU-2021-1-001 Council, municipal
LTU-2021-1-003 Council, municipal, chairperson
LTU-2021-1-003 Counsel, effective, assistance
USA-2021-1-003 Counsel, rejection, right
USA-2021-1-003 Court decision, reasoning, appeal
ARM-2021-1-001 Court of Justice of the European Union, national courts, indissoluble link
ITA-2021-1-001 Court proceeding, reopening
CZE-2021-1-003 Court proceedings, length
CZE-2021-1-003 Court, higher appeal court
ALG-2021-1-002, ALG-2021-1-003 Court, jurisdiction, constitutional issue
USA-2021-1-021 COVID 19
CRO-2021-1-001, CZE-2021-1-002 COVID-19
BRA-2021-1-001, CRO-2021-1-002, FRA-2021-1-002, SLO-2021-1-003, SLO-2021-1-004 COVID-19 pandemic, contact tracing application
BRA-2021-1-001 COVID-19 pandemic, entry to the European Union, temporary restriction
GER-2021-1-006 COVID-19 pandemic, travel to the European Union, temporary restriction
GER-2021-1-006 COVID-19, epidemic, measures
SLO-2021-1-004, SLO-2021-1-003 COVID-19, epidemic, pandemic
FRA-2021-1-001, FRA-2021-1-002, FRA-2021-1-006 COVID-19, pandemic
BIH-2021-1-002 COVID-19, pandemic, measures
BRA-2021-1-004, BRA-2021-1-009, BRA-2021-1-011, BRA-2021-1-003, BRA-2021-1-006, BRA-2021-1-012, BRA-2021-1-010, BRA-2021-1-005, SLO-2021-1-003, GER-2021-1-009, SLO-2021-1-004 COVID-19, pandemic, measures, extension
BRA-2021-1-008 COVID-19, pandemic, night curfew
GER-2021-1-009 COVID-19, special legal order
BRA-2021-1-009, BRA-2021-1-011, BRA-2021-1-010, BRA-2021-1-001, BRA-2021-1-005, BRA-2021-1-006, BRA-2021-1-003, BRA-2021-1-012, BRA-2021-1-004 Covid-19, vaccination, infectious disease, obligation, policy
GRE-2021-1-003 Crime, non-political
ECH-2021-1-001 Crime, threat against a public official
SWE-2021-1-001 Crime, threat of violence
SWE-2021-1-001 Criminal court, person involved in court proceedings, appearance in person
FRA-2021-1-001 Criminal procedure, rights, successor
MDA-2021-1-008 Criminal proceeding, right to trial by jury
USA-2021-1-017 Criminal proceedings, effects in another state
ECJ-2021-1-006 Criminal proceedings, guarantees
ECJ-2021-1-006 Criminal proceedings, principles
ECJ-2021-1-006 Custody, medical treatment
BRA-2021-1-004 Damages
GER-2021-1-003 Damages, liability
CZE-2021-1-003 Data, cellular phone
USA-2021-1-005 Data, personal, treatment
BLR-2021-1-001 Death penalty, insanity
USA-2021-1-016 Death penalty, non-imposition, guarantee
USA-2021-1-009 Debt, public
GER-2021-1-008 Debtor
MDA-2021-1-007 Decapitalisation
MDA-2021-1-010 Decentralisation of powers, principles
BRA-2021-1-005 Decree
MDA-2021-1-006, MDA-2021-1-004 Decree, formal constitutionality, legality
CRO-2021-1-005 Decree, substantive constitutionality, legality
CRO-2021-1-005 Decriminalisation, administrative offence
RUS-2021-1-002 Defence counsel, proceedings, criminal
SWE-2021-1-002 Defence interests, national security
FRA-2021-1-003 Democracy, core, right, individual
GER-2021-1-008 Deprivation of liberty
MDA-2021-1-007 Deputies, majority, definition
KOS-2021-1-001 Detention arbitrary
MDA-2021-1-007 Detention, arbitrary
ECH-2021-1-006 Detention, children
GBR-2021-1-001 Detention, conditions
FRA-2021-1-007 Detention, conditions, inadequate
ECH-2021-1-013 Detention, crimes, involuntary, financing, election campaign
ALG-2021-1-004 D'Hondt method
CZE-2021-1-001 Digital fingerprint
BEL-2021-1-001 Dignified minimum existence, guarantee
BRA-2021-1-007 Disclosure of confidential information, prevention, criteria
MDA-2021-1-002 Discrimination on ground of sex, presumption
GBR-2021-1-002 Discrimination, direct
ECJ-2021-1-001 Discrimination, elements, unfair, public policy
RSA-2021-1-004 Discrimination, gender
USA-2021-1-018 Discrimination, gender identity
USA-2021-1-018 Discrimination, indirect
ECJ-2021-1-001, GRE-2021-1-002 Discrimination, intersectional effects
RSA-2021-1-003 Discrimination, salary
ECJ-2021-1-001 Discrimination, sex
RSA-2021-1-002, USA-2021-1-018 Discrimination, sexual orientation
USA-2021-1-018 Disease, infectious
BRA-2021-1-004, BRA-2021-1-006, BRA-2021-1-010, BRA-2021-1-005, BRA-2021-1-012 Disease, infectious, measures
CRO-2021-1-002, CRO-2021-1-001 Double jeopardy
USA-2021-1-010 Due process
BRA-2021-1-009 Due process, fundamental elements
USA-2021-1-016 Duty to protect, positive obligation
ECH-2021-1-007 Ecological minimum standard of living
GER-2021-1-004 economic activity, freedom
BRA-2021-1-001 Education programme, government, financial assistance
USA-2021-1-019 Education, access
BRA-2021-1-001 Education, duty
BRA-2021-1-001 Education, fee
BRA-2021-1-001 Education, freedom
BRA-2021-1-013 Education, institution, autonomy
BRA-2021-1-013 Education, neutrality
BRA-2021-1-013 Effective control
ECH-2021-1-006 Effective integration
MDA-2021-1-003 Election, administration
USA-2021-1-015 Election, ballot, access
GER-2021-1-007, GER-2021-1-002 Election, candidacy, nomination, gender
GER-2021-1-007, GER-2021-1-002 Election, candidate list
GER-2021-1-007, GER-2021-1-002 Election, candidate, gender
GER-2021-1-002 Election, constituency, boundaries, voters, number
USA-2021-1-015 Election, constitutional requirement
USA-2021-1-015 Election, equal representation
USA-2021-1-015 Election, equality of votes
USA-2021-1-015 Election, fairness
KOR-2021-1-004 Election, gerrymandering
USA-2021-1-015 Election, law, gender, balance
GER-2021-1-002, GER-2021-1-007 Election, parliamentary, electoral association
CZE-2021-1-001 Elections, direct
LTU-2021-1-003 Elections, legislative, eligibility, voters’ list, results, provisional, final
ALG-2021-1-004 Elections, parliamentary, candidate, registration
RUS-2021-1-001 Electoral coalition
CZE-2021-1-001 Electoral code
CZE-2021-1-001 Electoral threshold
CZE-2021-1-001 Electricity supply, access, payment
BRA-2021-1-011 Electronic tagging
GER-2021-1-001 Emergency measure
KOR-2021-1-001 Employment contract, cessation
USA-2021-1-020 Employment service, financial support, repayment
SWE-2021-1-003 Employment, choice, free
LTU-2021-1-002 Employment, collective agreement
USA-2021-1-008 Employment, disability, discrimination
ECJ-2021-1-001 Employment, discrimination
USA-2021-1-020 Employment, ecclesiastical law, judicial treatment
USA-2021-1-020 Employment, fictitious, allegation
ECH-2021-1-008 Employment, start after in vitro fertilisation
ECH-2021-1-008 Energy efficiency, building, contract, conclusion criteria, co-owners
CRO-2021-1-003 Enforcement proceedings
MDA-2021-1-007 Entry, prohibition, discretion
USA-2021-1-006 Environment, house search
BEL-2021-1-004 Environment, protection, federal jurisdiction, scope
CAN-2021-1-001 Equality, gender, legislator, latitude
GER-2021-1-007, GER-2021-1-002 Equality, gender, representation, Parliament
GER-2021-1-007, GER-2021-1-002 Equality, sexes
RSA-2021-1-002 Equality, violation
MDA-2021-1-001 Equality, women, men
GRE-2021-1-002 Equivalent protection, presumption
ECH-2021-1-013 European Arrest Warrant, non-execution, limitations
ECJ-2021-1-006 European arrest warrant, surrender
ECH-2021-1-013 European Court of Human Rights
MDA-2021-1-008 European Court of Human Rights, decision, effects in national law
CZE-2021-1-003 European Court of Human Rights, obligation to furnish facilities
ECH-2021-1-006 European Union
ITA-2021-1-001 European Union act, ultra vires, review
GER-2021-1-003, GER-2021-1-008 European Union act, preliminary injunction
GER-2021-1-008 European Union, budget
GER-2021-1-008 European Union, Council, decision, ratification, Member States
GER-2021-1-008 European Union, Court of Justice, preliminary ruling, national court, subsequent decision
GER-2021-1-003 European Union, Member States, finances
GER-2021-1-008 European Union, Member States, treaty, international
GER-2021-1-003 European Union, own resources, borrowing
GER-2021-1-008 Evidence
SWE-2021-1-002 Evidence, prima facie
ECH-2021-1-003 Evidence, admissibility
USA-2021-1-005, USA-2021-1-014 Evidence, dismissal
SWE-2021-1-002 Evidence, free evaluation, principle
SWE-2021-1-002 Evidence, illegally obtained
USA-2021-1-014 Evidence, obtained in breach of human rights
SWE-2021-1-002 Evidence, value
SWE-2021-1-002 Exceptional circumstances
FRA-2021-1-006 Exceptions, constitutional review
FRA-2021-1-006 Excessive formalism
LIE-2021-1-001 Executive order, discretion
USA-2021-1-006 Executive power, accountability
ESP-2021-1-002, USA-2021-1-021 Executive regulations, statutory authority
CZE-2021-1-002 Executive, power, competences, scope
BRA-2021-1-010, BRA-2021-1-012 Expectation, legitimate
EST-2021-1-002 Expenditure, budgetary
MDA-2021-1-005 Expression, political
USA-2021-1-002 Extraterritorial jurisdiction
ECH-2021-1-003 Failure to fulfil obligations, action, justification Autonomy, secession, unilateral
ESP-2021-1-004 Fair balance
MDA-2021-1-003 Fair trial
SWE-2021-1-002 Fair trial, appeal, right
ALG-2021-1-003, ALG-2021-1-002 Family reunion, right
SUI-2021-1-001 Federal government, power, national concern, peace, order and good government
CAN-2021-1-001 Felony, aggravated, deportation
USA-2021-1-001 Fine, derisory
ECH-2021-1-004 Food, constitutional right of access
RSA-2021-1-003 Foreign policy, government, margin of appreciation
GER-2021-1-008 Foreigner, entry, admission, discretion
USA-2021-1-006 Free access to justice
MDA-2021-1-008 Freedom of action, general
GER-2021-1-003 Freedom of expression, artistic
USA-2021-1-011 Freedom of expression, collective
USA-2021-1-011 Freedom of expression, context, cultural
SWE-2021-1-001 Freedom of expression, context, political
SLO-2021-1-002 Freedom of expression, freedom to receive information
BRA-2021-1-002 Freedom of media
BRA-2021-1-002 Freedom of press
BRA-2021-1-002 Freedom of testation, testator, intention, paramount
RSA-2021-1-004 Freedom, intertemporal guarantees
GER-2021-1-004 Fundamental right, protection
BRA-2021-1-010 Gender stereotyping
ECH-2021-1-008 Gender, balance
GER-2021-1-007, GER-2021-1-002 Gender, parity
GER-2021-1-007, GER-2021-1-002 Geneva Convention, 1951
ECH-2021-1-001 Gerrymandering, partisan, justiciability
USA-2021-1-015 Gerrymandering, population inequality between districts
USA-2021-1-015 Gerrymanding, racial
USA-2021-1-015 Government bonds, abrogation
MDA-2021-1-010 Government, decree, authority, exceeding
CRO-2021-1-005 Government, investiture
MDA-2021-1-009 Greenhouse gas, pollution, pricing
CAN-2021-1-001 Guilt, admission, rejection, right
USA-2021-1-003 Guilty plea, not made in full awareness of facts
ECH-2021-1-010 Hate crime
ECH-2021-1-004 Hate motive, with homophobic overtones
ECH-2021-1-004 Head of State, statement, proof
ECH-2021-1-003 Health protection, system
USA-2021-1-007 Health, emergency
BRA-2021-1-003, BRA-2021-1-008, BRA-2021-1-009, BRA-2021-1-001, BRA-2021-1-011 Health, insurance, liberalisation
GER-2021-1-003 Health, insurance, provider, private
GER-2021-1-003 Health, protection, effective
BRA-2021-1-012, BRA-2021-1-010, BRA-2021-1-004, BRA-2021-1-006 Health, public health
BRA-2021-1-010 Health, public health, public interest
BRA-2021-1-005, BRA-2021-1-004, BRA-2021-1-012, BRA-2021-1-006 Health, public, protection
GRE-2021-1-003 Healthcare providers, information, obligation
USA-2021-1-007 Healthcare, constitutional right of access
RSA-2021-1-003 Home arrests
BRA-2021-1-004 Honour, respect, right
BRA-2021-1-002 House search, environmental officer
BEL-2021-1-004 Human right, violation
MDA-2021-1-008 Hunting right, Indigenous people
CAN-2021-1-002 Identity card, biometric data, storage
BEL-2021-1-001 ILO, Convention no. 181
BIH-2021-1-001 Immediate summary proceedings
FRA-2021-1-004 Immigration, regulation, discretion
USA-2021-1-006 In vitro fertilisation, employment, discrimination
ECH-2021-1-008 Independence, judges
EST-2021-1-002, ECJ-2021-1-003, ECJ-2021-1-005 Independence, territory
ESP-2021-1-005, ESP-2021-1-004 Indexing, names, digital newspaper archives
ESP-2021-1-001 Indigenous people, rights, definition, scope
CAN-2021-1-002 Information, access
AUT-2021-1-001, MDA-2021-1-002 Information, accurate, requirement
BRA-2021-1-006 Information, digital
USA-2021-1-005 Information, disclosure by the federal government
BRA-2021-1-006 Information, obligation
RUS-2021-1-001 Information, principle of maximum disclosure
BRA-2021-1-006 Inheritance, mandatory share
AZE-2021-1-001 Inheritance, will
RSA-2021-1-002 Intellectual property, right
ECJ-2021-1-004 Intelligence sharing, supervision
RSA-2021-1-001 Intention, public official
KOR-2021-1-001 Interception, invasion of privacy, damage, proportionality
ECJ-2021-1-002 Interest, national
MDA-2021-1-002 Interethnic communication, language
MDA-2021-1-003 Interference with liberty, compensation, right
ROM-2021-1-002 International agreement, constitutional requirement, parliamentary approval
NOR-2021-1-002 International humanitarian law
ECH-2021-1-009 Interview, video-recording
ECH-2021-1-007 Investigation, covert, proportionate use
ECH-2021-1-007 Investigation, effective
ECH-2021-1-014, ECH-2021-1-006, ECH-2021-1-007 Investigation, effective, positive obligation
ECH-2021-1-010 Investigation, effective, remedy
ECH-2021-1-009 Investment, international, dispute, settlement, procedure
GER-2021-1-003 Investment, international, profit, distribution
GER-2021-1-003 Investment, international, protection
GER-2021-1-003 Investment, treaty, bilateral
GER-2021-1-003 Journalist, politician, defamation
SLO-2021-1-002 Journalist, public watchdog
AUT-2021-1-001 Journalist, rights, duties
SLO-2021-1-002 Journalists, access to information
AUT-2021-1-001 Judge, appointment, executive
ECJ-2021-1-003, ECJ-2021-1-005 Judge, aptitude
ESP-2021-1-003 Judge, evaluation
ESP-2021-1-003 Judge, reappointment
ESP-2021-1-003 Judges, appointment, power of proposal
ECJ-2021-1-003, ECJ-2021-1-005 Judicial proceedings, suspension
USA-2021-1-021 Judicial review
FRA-2021-1-002 Judicial, protection, refusal
UKR-2021-1-002 Jury, trial
USA-2021-1-017 Jury, verdict
USA-2021-1-017 Labour relations
USA-2021-1-008 Labour, law
BIH-2021-1-001 Language, official, teaching
ECH-2021-1-002 Language, teaching
ECH-2021-1-002 Lanzarote Convention
ECH-2021-1-007 Law, application, incorrect
BIH-2021-1-001 Legal provisions, suspension
GER-2021-1-009 Legal service, access
KOR-2021-1-002 Legislative bodies, powers, budgetary
GER-2021-1-008 Legislative competence, limits
GER-2021-1-005 Legislative process, digital
BRA-2021-1-009 Legitimate aim, violation
MDA-2021-1-001 Legitimate interest
AUT-2021-1-001, MDA-2021-1-008 Length of proceedings, objective circumstances
CZE-2021-1-003 Lethal force, use, legality
ECH-2021-1-009 Liability, state, pecuniary
CZE-2021-1-003 Liability, state, principle
CZE-2021-1-003 Linguistic rights
MDA-2021-1-003 Local self-government, waste management
CRO-2021-1-005 Locus standi
MEX-2021-1-002 Marriage, same-sex
USA-2021-1-004 Maternity, protection
USA-2021-1-007 Maternity, work presence
ECH-2021-1-008 Mayor, municipal
LTU-2021-1-003 Measure, arbitrary
CZE-2021-1-002 Media, broadcasting, public company
USA-2021-1-011 Media, cable television
USA-2021-1-011 Media, diligence, duty, professional
SLO-2021-1-002 Media, freedom of expression
USA-2021-1-011 Media, freedom of expression, limits
MEX-2021-1-001 Media, journalist, sources, protection
RSA-2021-1-001 Media, local television, legal system
USA-2021-1-011 Media, television
USA-2021-1-011 Medicine, prescription, mobile unit
MDA-2021-1-005 Member of Parliament, public office, private life
AUT-2021-1-001 Member, Assembly, mandate, loss
KOS-2021-1-001 Member, municipal council, reinstatement
MEX-2021-1-002 Member, municipal council, removal from office, licence
MEX-2021-1-002 Memorial, cross, maintenance, public funds
USA-2021-1-012 Military presence
ECH-2021-1-003 Military presence, increase
ECH-2021-1-003 Military service, evasion
KOR-2021-1-005 Military service, obligation
KOR-2021-1-005 Minister of Defence, statement, proof
ECH-2021-1-003 Minister, ministerial exception
USA-2021-1-020 Minor, trafficked, victim, prosecution
ECH-2021-1-010 Minority, ethnic, language
MDA-2021-1-003 Mobile communication networks, safety
FRA-2021-1-003 Municipal Councillor, political right
MEX-2021-1-002 Municipality, competence
BRA-2021-1-005 Nation, integrity
ESP-2021-1-004, ESP-2021-1-005 National Bank of Moldova
MDA-2021-1-010 National security, protection
USA-2021-1-006 Nationality by birth
KOR-2021-1-005 Nationality, dual
KOR-2021-1-005 Nationality, multiple
KOR-2021-1-005 Nationality, renunciation
KOR-2021-1-005 Negligence, public official
KOR-2021-1-001 Non-governmental legal person of public law, power, delegation
ARG-2021-1-001 Occupation, profession, practice, prohibition
GRE-2021-1-001 Offence, Administrative
LTU-2021-1-001 Offence, criminal, member, Assembly
KOS-2021-1-001 Omission, legislative
MDA-2021-1-008 Orphanage, child, interview
ECH-2021-1-007 Outgoing government, supervision
ESP-2021-1-002 Ownership, obligations, common good
CRO-2021-1-003 Pandemic, COVID-19, social and economic effects, recovery instrument
GER-2021-1-008 Parliament, budget, powers
GER-2021-1-008 Parliament, budgetary autonomy
GER-2021-1-008 Parliament, dissolution, circumstances
MDA-2021-1-009 Parliament, powers, President of the Supreme Court, appointment, substantive requirement
CRO-2021-1-004 Parliament, Senate, regulation
ESP-2021-1-002 Parliamentary business, continuity
FRA-2021-1-006 Parliamentary majority
MDA-2021-1-009 Parliamentary majority, absolute, formalised
MDA-2021-1-004, MDA-2021-1-006 Parole
EST-2021-1-001 Parole, conditional
EST-2021-1-001 Parties, interest, financial
GER-2021-1-003 Pension, expectation, legitimate
EST-2021-1-002 Pension, judge
EST-2021-1-002 Pension, provision, amount, changes
UKR-2021-1-001 Pension, reform
EST-2021-1-002 Pension, survivor’s
EST-2021-1-002 Persecution, real risk
ECH-2021-1-013 Personal data, admissibility, criminal trial
ECJ-2021-1-002 Personal data, protection
ECJ-2021-1-002 Personal data, retention
BEL-2021-1-003 Personal information, right to self-determination
KOR-2021-1-002 Plant protection products, use
FRA-2021-1-005 Police officer, death, contribution by officials
ECH-2021-1-014 Police, law on police
EST-2021-1-003 Police, officer, dismissal
EST-2021-1-003 Political apparel, prohibition
USA-2021-1-002 Political competition, opportunities, equal
GER-2021-1-002, GER-2021-1-007 Political party, defamation
SLO-2021-1-002 Political party, reputation, protection of
SLO-2021-1-002 Political will, formation
GER-2021-1-002, GER-2021-1-007 Politician, hate speech, vehement
ECH-2021-1-011 Polling station, political apparel, prohibition
USA-2021-1-002 Poverty, visibility
ECH-2021-1-005 Preliminary injunction, act of approval, ratification,
GER-2021-1-008 Preliminary injunction, application, admissibility, standing
GER-2021-1-003 Preliminary injunction, ratification, treaty
GER-2021-1-003 President of the State, powers, candidate for presidency of Supreme Court, nomination
CRO-2021-1-004 Presidential election
ALG-2021-1-001 Pre-trial detention, reasonableness
ECH-2021-1-012 Prime minister, candidate, appointment
MDA-2021-1-004, MDA-2021-1-006 Prisoner of war, torture
ECH-2021-1-006 Prisoner, employment
BRA-2021-1-007 Prisoner, minimum wage
BRA-2021-1-007 Prisoner, state of health
BRA-2021-1-004 Privacy, right
MDA-2021-1-001 Privacy, Right to be forgotten
BRA-2021-1-002 Private life, right
GRE-2021-1-001 Probate, dispute
AZE-2021-1-002 Propaganda, electoral prohibition
MEX-2021-1-001 Prostitution, procurement
POR-2021-1-002 Protection of human health and life
CRO-2021-1-002 Protection of the existent health system
BIH-2021-1-002 Protection, data, privacy, violation, consent
BLR-2021-1-001 Protection, rights, freedoms, dignity
MDA-2021-1-002 Provisional Measure
BRA-2021-1-006 Public Bar Association of the Federal Capital
ARG-2021-1-001 Public finances, liabilities, risk assessment
GER-2021-1-008 Public health
CRO-2021-1-002, CRO-2021-1-001 Public safety, public order
ALG-2021-1-001 Public service, privatisation
USA-2021-1-011 Punishment, capital
USA-2021-1-016, USA-2021-1-009 Punishment, capital, proportionality
USA-2021-1-016 Punishment, cruel and unusual
USA-2021-1-009 Punishment, excessive
USA-2021-1-016, USA-2021-1-010 Racial hatred
ECH-2021-1-011 Real estate, lease, limitations
GER-2021-1-005 Reasoning, timing, judicial deliberation, lack
ROM-2021-1-003 Recidivism, prevention
GER-2021-1-001 Recovery instrument
GER-2021-1-008 Reduction, greenhouse gas
GER-2021-1-004 Referral, minor
BEL-2021-1-002 Refugee, definition
ECH-2021-1-001 Refugee, extradition
ECH-2021-1-001 Refugee, status
ECH-2021-1-013 Regulation, emergency measure
CZE-2021-1-002 Rehabilitation, victim, political repression
MDA-2021-1-001 Reimbursement, lawyer, fee
LTU-2021-1-001 Reintegration, status as a fundamental right
GER-2021-1-001 Release, conditional
EST-2021-1-001 Religion, ceremonies, limited number of attending persons
CRO-2021-1-001 Religion, ceremonies, restriction due to infectious disease epidemic
CRO-2021-1-001 Religion, church, sovereignty
USA-2021-1-020 Religion, church, state funding, discrimination
USA-2021-1-019 Religion, encouragement by the state
USA-2021-1-012 Religion, event, authorisation
BRA-2021-1-012 Religion, neutrality of the state
USA-2021-1-004 Religion, organisation, autonomy, limit
BRA-2021-1-012 Religion, state, neutrality
USA-2021-1-012 Religious community, self-determination
USA-2021-1-020 Religious symbol, secular significance
USA-2021-1-012 Rent, pricing, regulation
GER-2021-1-005 Rent, regulated
GER-2021-1-005 Requirement for the Action of the Legislator
ITA-2021-1-003 Requirement, citizenship
LTU-2021-1-003 Requirement, suffrage, equal
LTU-2021-1-003 Res judicata, non-compliance, Criminal court
ROM-2021-1-001 Responsibility, authority
BRA-2021-1-004, BRA-2021-1-012 Responsibility, constitutional
BRA-2021-1-004 Restriction, regulation, absence
GRE-2021-1-001 Retaliatory prosecution, anti-government demonstrations
ECH-2021-1-012 Revenues, budgetary
MDA-2021-1-005 Right of public participation
FRA-2021-1-005 Right to a fair trial
MDA-2021-1-008 Right to a future in accordance with human dignity
GER-2021-1-004 Right to be forgotten
ESP-2021-1-001 Right to effective judicial remedy
FRA-2021-1-007 Right to information, truth
BRA-2021-1-002 Right to inherit
AZE-2021-1-001 Right to life, scope
USA-2021-1-009 Right to personal freedom
MDA-2021-1-007 Right to remain silent
BEL-2021-1-002, FRA-2021-1-004 Right, advocate
LTU-2021-1-001 Right, application, court
LTU-2021-1-001 Rights of prisoners
FRA-2021-1-002 Rights of prisoners, imprisonment, conditions
FRA-2021-1-007 Rights, procedural, abuse
UKR-2021-1-002 Roma, discrimination
ECH-2021-1-011 Rule requiring offences and punishments to be strictly defined by law, criminal
BEL-2021-1-002 Safeguarding against the risks of espionage, piracy and sabotage
FRA-2021-1-003 Same-sex couples
ITA-2021-1-003 SARS-COV-2
SLO-2021-1-004, SLO-2021-1-003 Schengen Borders Code
GER-2021-1-006 School, religion teachers
USA-2021-1-020 School, religious
USA-2021-1-019, USA-2021-1-020 Search, conditions
BEL-2021-1-004 Search, examining judge
BEL-2021-1-004 Search, grounds
BEL-2021-1-004 Search, law enforcement
USA-2021-1-005 Search, warrantless, emergency situation
USA-2021-1-014 Secret surveillance, measure
RSA-2021-1-001 Secularism, education, public
BRA-2021-1-013 Self-determination, democratic, right
GER-2021-1-008 Sexual abuse
ECH-2021-1-007 Slander, election process, media
MEX-2021-1-001 Social assistance, right, protection
MDA-2021-1-001 Social media, statements, offensive
ESP-2021-1-007 Solitary confinement
GBR-2021-1-001 Sovereignty, dual
USA-2021-1-010 Speech, content based
USA-2021-1-007 Speech, political
USA-2021-1-002 Speech, professional
USA-2021-1-007 Standing, inherent rights, non-transferrable, complainant, deceased
KOR-2021-1-003 Stare decisis, socio-political reality, change
USA-2021-1-008 Stare decisis, overruling
USA-2021-1-008 State Judicial Council, powers, appointment, President of the Supreme Court, administrative role
CRO-2021-1-004 State Service, entry, terms,
LTU-2021-1-002 State, duty, protection against an infectious disease
CRO-2021-1-001, CRO-2021-1-002 State, duty, protection of life and security
BRA-2021-1-010, BRA-2021-1-012, BRA-2021-1-006, BRA-2021-1-005, BRA-2021-1-004 State, financial interests
ECH-2021-1-008 Statement, discriminatory, threshold of severity
ECH-2021-1-011 Statutory vagueness
USA-2021-1-001 Subpoena, issuance
USA-2021-1-021 Succession, law
RSA-2021-1-002 Succession, will, freedom to make
RSA-2021-1-002 Sunset clause, treaty, bilateral
GER-2021-1-003 Supreme Court, President, appointment, candidate, nomination
CRO-2021-1-004 Supreme Court, President, appointment, procedure
CRO-2021-1-004 Tax credit, children, limit
GBR-2021-1-002 Tax deduction
ITA-2021-1-002 Tax, limits placed by the Legislators on the deductibility of costs
ITA-2021-1-002 Tax, municipal
ITA-2021-1-002 Tax, municipal, non-deductible from amounts liable to tax on business income
ITA-2021-1-002 Taxation, legislative discretion
ITA-2021-1-002 Teacher, additional training, offer
ECH-2021-1-002 Teacher, dismissal
ECH-2021-1-002 Teacher, inspection
ECH-2021-1-002 Terms, character, good
LTU-2021-1-002 Terms, reputation
LTU-2021-1-002 Terms, State loyalty
LTU-2021-1-002 Territory, administrative practice
ECH-2021-1-003 Territory, annexation
ECH-2021-1-003 Territory, effective control
ECH-2021-1-003 Territory, jurisdiction
ECH-2021-1-003 Territory, self-government
BRA-2021-1-005 Territory, tribunal established by law
ECH-2021-1-003 Terrorism, incitement
ESP-2021-1-007 Terrorism, intent
ESP-2021-1-007 Terrorism, offence, legal definition
ESP-2021-1-007 Terrorism, public support
ESP-2021-1-007 Trade union, fee deduction, obligation
USA-2021-1-008 Trade union, membership
USA-2021-1-008 Trademark, registration, immoral, prohibition
USA-2021-1-013 Transgender persons, binary system
ESP-2021-1-006 Treatment, discriminatory
MDA-2021-1-001 Treaty, international, act of approval, domestic
GER-2021-1-003 Treaty, international, entry into force
GER-2021-1-003 Treaty, international, ratification
GER-2021-1-003 Trust, interpretation
RSA-2021-1-004 Unanimity, requirement
USA-2021-1-017 Union, right to bargain collectively
USA-2021-1-008 Unlawful act, state
KOR-2021-1-001 Utility services, waste management, incentive fees, calculation
CRO-2021-1-005 Vaccination policies, competence distribution
BRA-2021-1-005 Vaccination, compulsory
BRA-2021-1-005 Vaccination, infectious disease, obligatory
BRA-2021-1-005 Victim, direct
MDA-2021-1-008 Victim, indirect
MDA-2021-1-008 Victim, self-identification
ECH-2021-1-010 Viewpoint discrimination
USA-2021-1-013 Violence, domestic
RUS-2021-1-002 Violence, homophobic overtones
ECH-2021-1-004 Vote, relative weight
CZE-2021-1-001 Voting assistant, non-family, two
KOR-2021-1-004 Voting right, physical disability
KOR-2021-1-004 Wage, discrimination
BRA-2021-1-007 Wage, minimum
BRA-2021-1-007 Warrant requirement, exception, emergency situation
USA-2021-1-014 Warrant, judicial
USA-2021-1-005 Warrant, search, validity
USA-2021-1-014 Water cannon, straight jet, police
KOR-2021-1-003 Water, constitutional right of access
RSA-2021-1-003 Will, discriminatory
RSA-2021-1-002 Woman, pregnant, employment-related benefit, refusal
ECH-2021-1-008 Women, representation, political
GER-2021-1-007, GER-2021-1-002 Work remuneration
BRA-2021-1-007 Work, assignment
BIH-2021-1-001 Xenophobia
ECH-2021-1-011 Youth court, best interests of the child
BEL-2021-1-002