e-Bulletin on Constitutional Case-Law
2023/2

The electronic Bulletin on Constitutional Case-Law ("e-Bulletin") is produced by the European Commission for Democracy through Law, better known as the Venice Commission. The e-Bulletin regularly reports on the case-law of constitutional courts and courts with equivalent jurisdiction in Europe and beyond, including case-law of the European Court of Human Rights, the Court of Justice of the European Union and the Inter-American Court of Human Rights. The e-Bulletin is sent to liaison officers and to subscribers by e-mail three times a year, each mailing reports on the most important case-law gathered during a four-month period.

The e-Bulletin’s aim is to allow judges and constitutional law specialists to be informed quickly about the most important judgments rendered in the field of constitutional justice. The exchange of information and ideas among courts in different countries with similar or different legal traditions, in the field of judge-made law, is of vital importance. Such an exchange of information and such cooperation, we hope, will not only benefit the newly established constitutional courts, but will also enrich the case-law of longer established courts. The main purpose of the e-Bulletin on Constitutional Case-Law is to foster an exchange of information and ideas and to assist national judges in solving difficult questions of law, which often arise simultaneously in courts of different countries.

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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.
European Commission for Democracy through Law (“Venice Commission”)
April 2024.

Albania

ALB-2023-2-001 a) Albania b) Constitutional Court c) Plenary d) 16.02.2022 e) 1 f) Impeachment of the President of the Republic of Albania
Under the Constitution, the President of the Republic may be dismissed for serious violations of the Constitution and the commission of a serious crime. A proposal to dismiss the Head of State under such circumstances may be made by not less than one-fourth of the members of the Assembly and must be supported by not less than two-thirds of all its members. The Constitutional Court has jurisdiction... Read more
1.3.4.7.4 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Impeachment
3.9 General Principles - Rule of law
4.4.5.3 Institutions - Head of State - Term of office - Incapacity
4.4.6.1 Institutions - Head of State - Status - Liability
4.4.6.1.2 Institutions - Head of State - Status - Liability - Political responsibility
President, Constitution, Serious violation / President, Dismissal by Parliament, Grounds

ALB-2023-2-002 a) Albania b) Constitutional Court c) Plenary d) 09.12.2022 e) 38 f) The right to vote for Albanian citizens residing abroad
The right to vote of Albanian citizens living abroad is guaranteed by the Electoral Code but the Central Election Commission has not issued by-laws for this right to be applicable in practice, a state of affairs that runs counter to the principles of legal certainty and the right to vote.
4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote
5.1.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals - Nationals living abroad
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation
3.10 General Principles - Certainty of the law
Legislative omission / Election, By-election, Overseas Voter

Argentina

ARG-2023-2-002 a) Argentina b) Supreme Court of Justice of the Nation c) d) 16.05.2023 e) CIV 46432/2015/CS1 f) Brieger, Pedro Rubén v. Widder, Sergio Daniel y otros s/ daños y perjuicios
Only the form of expression of opinions, ideas or value judgments can be reprehensible, not their content. Special caution is needed where political criticism is concerned, to avoid self-censorship. A wide margin of tolerance is required against different opinions and outbursts.
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.22 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
Political criticism, Margin of tolerance

Austria

AUT-2023-2-002 a) Austria b) Constitutional Court c) d) 28.06.2023 e) G 299/2022 f)
In criminal proceedings, any lack of impartiality on the part of the court of origin can be remedied by the appellate court. The procedure for deciding on challenges for bias filed at the beginning of or during a trial (Article 45 of the Criminal Procedure Code) is therefore in line with the requirement of impartiality. The principle that proceedings should be of a reasonable duration does not im... Read more
5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
Judge, Challenge, Bias / Judicial impartiality, Constitutional principle / Trial within reasonable time, Remedy / Limitation period

Azerbaijan

AZE-2023-2-003 a) Azerbaijan b) Constitutional Court c) Plenum d) 10.07.2023 e) f) Interpretation of Articles 81.1 and 81.3 of the Law on Banks in conjunction with Articles 131 and 132 of the Code of Administrative Procedure
Under the legislation covering the Central Bank of the Republic of Azerbaijan, the refinancing of credit institutions is carried out by the Central Bank in order to implement monetary policy. Any claims regarding bank insolvency and collateral should be heard in civil proceedings, not administrative proceedings.
3.10 General Principles - Certainty of the law
4.10.5 Institutions - Public finances - Central bank
Banking legislation / Credit institutions, Refinancing / Loan agreements, Collateral / Bank insolvency

AZE-2023-2-004 a) Azerbaijan b) Constitutional Court c) Plenum d) 14.07.2023 e) f) Interpretation of Articles 234.4.4 and 236 of the Criminal Code in connection with Article 428.10 of the Code of Administrative Offences
It is appropriate to define criminal liability for the promotion of narcotic drugs or psychotropic substances in the Criminal Code; this is in compliance with the requirements of the norms and principles of the Constitution.
3.12 General Principles - Clarity and precision of legal provisions
3.14 General Principles - Nullum crimen, nulla poena sine lege
Narcotic drugs, Psychotropic substances, Illegal circulation / Social media networks

AZE-2023-2-005 a) Azerbaijan b) Constitutional Court c) d) 09.10.2023 e) f) Interpretation of the provision "circumstances excluding the participation of the defense counsel in the criminal proceedings" provided for in Article 92.16.3 of the Criminal Procedure Code in connection with Articles 19.6, 32, 92.10 and 114 of this Code in terms of Articles 26 and 61 of the Constitution
When the position of the protected person and the position of the defender do not coincide, the case should be immediately brought to the attention of the protected person by the authorities conducting the criminal proceedings and the right to refuse the defender should be explained to him or her.
1.2.1.7 Constitutional Justice - Types of claim - Claim by a public body - General
2.1.1.1 Sources - Categories - Written rules - National rules
Defense counsel / Right for legal assistance

AZE-2023-2-007 a) Azerbaijan b) Constitutional Court c) d) 26.12.2023 e) f) Verification of compliance of Articles 1246 and 1273-1 of the Civil Code with Article 29.VII of the Constitution
The right of inheritance arises with the opening of the inheritance; its termination on the basis of the non-fulfilment of the procedural requirements (regularisation in the notary procedure) within a certain period of time, will lead to the violation of the property and inheritance rights guaranteed by the Constitution.
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings
5.3.33.2 Fundamental Rights - Civil and political rights - Right to family life - Succession
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
Inheritance / Right to inheritance / Heir / Testator

AZE-2023-2-006 a) Azerbaijan b) Constitutional Court c) Plenum d) 04.11.2023 e) f) Interpretation of Articles 156.2, 159.1, 159.3, 159.3-1, 159.8-1, 163.2 and 163.4 of the Criminal Procedure Code of the Republic of Azerbaijan with regard to the requirements of Articles 28.I, 28.II and 71.X of the Constitution in connection with Articles 163 and 84.5.11, 84.5.16, 151.2, 172.2, 290.5.2 and 290.5.3 of this Code
During pre-trial proceedings in the preliminary investigation of a criminal case, where the prosecutor in charge of the procedural management of this stage of the proceedings seeks to apply procedural coercive measures in relation to the suspect or accused, application must be made to the court upon the motion of the investigator. The rationale behind the investigator’s involvement is to ensure th... Read more
1.2.1.7 Constitutional Justice - Types of claim - Claim by a public body - General
3.10 General Principles - Certainty of the law
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
Preliminary investigation, Preventive measures, Investigator, Involvement

Belgium

BEL-2023-2-005 a) Belgium b) Constitutional Court c) d) 01.06.2023 e) 85/2023 f)
Although the decisions of the European Committee of Social Rights and the recommendations of the Committee of Ministers are not binding on Belgium, the Constitutional Court has taken account of such a decision and the resulting recommendation to find discrimination on the basis of disability with regard to the right to inclusive education of pupils with intellectual disabilities.
2.1.1.4.6 Sources - Categories - Written rules - International instruments - European Social Charter of 1961
2.1.3.2.3 Sources - Categories - law - law - Other international bodies
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
European Social Charter (revised) / Disabled people, Inclusion, Education, Right / European Committee of Social Rights, Decision / Disability, Discrimination

BEL-2023-2-006 a) Belgium b) Constitutional Court c) d) 20.07.2023 e) 113/2023 f)
The prohibition on local religious communities receiving foreign funding or support that affects their independence, and the prohibition on having ministers of religion or deputies who are paid, directly or indirectly, by a foreign authority, violate freedom of religion and worship.
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature
3.9 General Principles - Rule of law
3.16 General Principles - Proportionality
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
Religious community, Granting of public body status / Religious community, Recognition / Religious community, Foreign funding and support

BEL-2023-2-007 a) Belgium b) Constitutional Court c) d) 20.07.2023 e) 116/2023 f)
The law granting the right to vote in European elections to sixteen- and seventeen-year-old Belgians only if they have applied to be registered on the electoral roll is discriminatory.
4.9.7 Institutions - Elections and instruments of direct democracy - Preliminary procedures
4.17.1 Institutions - European Union - Institutional structure
5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote
European Parliament / Elections, Minors, Voting rights

Bosnia and Herzegovina

BIH-2023-2-002 a) Bosnia and Herzegovina b) Constitutional Court c) Chamber d) 13.07.2023 e) U-13/23 f)
A provision of the Law on Pension and Disability Insurance that prescribes the maximum number of points an insured person can earn in one year is not incompatible with the constitutional issues of the right to property and the prohibition of discrimination.
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Pension, Amount / Pension, Contribution / Pension, Solidarity, Principle

BIH-2023-2-003 a) Bosnia and Herzegovina b) Constitutional Court c) Chamber d) 13.07.2023 e) AP-267/23 f)
Placing an unaccompanied minor asylum seeker under surveillance in an institution for the admission of foreigners without informing him without delay in a language he understands about the reasons for the deprivation of his liberty and the content of the decisions made against him resulted in a breach of the European Convention on Human Rights.
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
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
Minor, Foreign, Unaccompanied / Child, Best interests

Brazil

BRA-2023-2-001 a) Brazil b) Supreme Federal Court c) Full Court d) 29.05.2023 e) Direct Action of Unconstitutionality 6137 (ADI 6137) f) Pesticides: environmental and health protection which fall under the concurrent competence of the Union, the states, and the Federal District
The State rule prohibiting the use of aerial spray pesticides is constitutional, considering the proportionality of the measure and the principles of environmental prevention and precaution.
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
1.3.5.8 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities
4.5.6.1 Institutions - Legislative bodies - making procedure - Right to initiate legislation
4.8 Institutions - government
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Agricultural products, Use, Safety / Environment, Hazard / Environment, Integrity, Sustainable / Environment, Protection, Competence / Health, Protection, Obligation / Health, Protection, Precaution, Principle

BRA-2023-2-002 a) Brazil b) Supreme Federal Court c) Full Court d) 13.06.2023 e) Direct Action of Unconstitutionality 4652 (ADI 4652) f) Prohibition of disclosure of professional matters by federal public attorneys
It is constitutional to link the professional manifestation of a federal public attorney to an order by the Attorney General of the Union or to his prior express authorisation. However, as this limitation cannot be foreseen in a broad and unrestricted manner, to avoid arbitrariness, academic freedom, (and the professional duty to report on any illegalities verified in the exercise of the professio... Read more
1.2.1.7 Constitutional Justice - Types of claim - Claim by a public body - General
4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Administrative silence, Attorney General, State Prosecutor / Speech, Freedom, Limitation, Professional context / Public debate, Chilling effect

BRA-2023-2-003 a) Brazil b) Supreme Federal Court c) Full Court d) 19.06.2023 e) Direct Action of Unconstitutionality 7028 (ADI 7028) f) A state rule cannot restrict the concept of disability
A state norm that, under the pretext of legislating on the rights of persons with disabilities, restricts the concept of disability established in the Convention on the Rights of Persons with Disabilities, incorporated into domestic law as a constitutional norm and contradicts general rules on the subject set out in the relevant federal law, is unconstitutional.
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
Convention on the Rights of Persons with Disabilities / Disability, Concept / Disability, Disadvantage, Protection, Legislation / Disability, Inclusive education / Disability, Persons, Rights / Education, Person with disability, State, Role

BRA-2023-2-004 a) Brazil b) Supreme Federal Court c) Full Court d) 03.07.2023 e) Extraordinary Appeal 910552 (RE 910552) f) Prohibition of nepotism and celebration of contracts with municipal public agents
Municipal law may prohibit the public administration from making contracts with relatives up to the third degree of elected public officials or local civil servants.
3.18 General Principles - General interest
4.8.3 Institutions - government - Municipalities
4.8.4.1 Institutions - government - Basic principles - Autonomy
5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice
5.3.29 Fundamental Rights - Civil and political rights - Right to participate in public affairs
Municipal autonomy, Violation / Municipal Council, Member, Requirement / Municipality, Activity, Prohibition / Municipality, Competence / Municipality, Council, Member, Incompatibility / Nepotism, Fight, Dismissal / Public affairs, Management / Public interest, Serious violation

BRA-2023-2-005 a) Brazil b) Supreme Federal Court c) Full Court d) 03.07.2023 e) Extraordinary Appeal 684612 (RE 684612) f) Implementation of public policies by the Judiciary to guarantee the right to health
Questions had arisen over the intervention by the Judiciary in public policies regarding the social right to health.
3.4 General Principles - Separation of powers
3.18 General Principles - General interest
4.8.3 Institutions - government - Municipalities
4.8.4.1 Institutions - government - Basic principles - Autonomy
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
Health, Effective protection / Hospital, Bed, Number, Reduction / Jurisdiction, Competence, Ultra vires / Public interest litigation, Locus standi / Municipal autonomy, Violation / Public interest, Serious violation / Public policy, Considerations

Bulgaria

BUL-2023-2-001 a) Bulgaria b) Constitutional Court c) d) 29.06.2023 e) 6/2023 f)
Not every failure to perform a monetary obligation represents an administrative offence, under the legal definition within the relevant legislation. Failure to perform a certain obligation shall be deemed an administrative offence if the unfulfilled obligation is stipulated directly in a statutory law and failure to perform is explicitly qualified as punishable. The satisfying of duly established... Read more
3.12 General Principles - Clarity and precision of legal provisions
3.16 General Principles - Proportionality
3.22 General Principles - Prohibition of arbitrariness
5.1.4.1 Fundamental Rights - General questions - Limits and restrictions - derogable rights
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
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
Administrative offence, Sanction / Sanction, Administrative, Proportionality / Fines, Non-payment

Canada

CAN-2023-2-005 a) Canada b) Supreme Court c) d) 16.06.2023 e) 39749 f) Canadian Council for Refugees v. Canada (Citizenship and Immigration)
Section 159.3 of the Immigration and Refugee Protection Regulations (hereinafter, «IRPR»), designating the United States as a safe third country, is not ultra vires the Immigration and Refugee Protection Act (hereinafter, "IRPA"), nor does it breach Section 7 of the Canadian Charter of Rights and Freedoms (hereinafter, the "Charter"), which guarantees the right to liberty and security of th... Read more
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.12 Fundamental Rights - Civil and political rights - Security of the person
Charter of rights, Right to liberty and security of person / Refugee, Status, Determination / Country, Third, Safe / Non-refoulement, Principle

Costa Rica

CRC-2023-2-003 a) Costa Rica b) Constitutional Chamber of the Supreme Court c) d) 02.07.2021 e) 2021-014978 f)
The principle of self-restraint on the part of Constitutional judges impedes them from overstepping the competences of ordinary and administrative courts. Their evidentiary tools and resources are ideal for any discussion that demands ordinary legal analysis.
4.6.6 Institutions - Executive bodies - Relations with judicial bodies
4.8.7.3 Institutions - government - Budgetary and financial aspects - Budget
4.10 Institutions - Public finances
5.4.5 Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration
Salary, Suspension, Budgetary implication

CRC-2023-2-004 a) Costa Rica b) Constitutional Chamber of the Supreme Court c) d) 08.02.2022 e) 2022-02872 f)
The constitutional advisory jurisdiction is preventive in nature. The Constitutional Chamber, when giving advice, must adhere to its guiding and preventive functions and has reconsidered its jurisprudence based on its collaborative role in the law-making procedure. Legislators may only seek a second opinion on the same bill of law when new constitutional issues have arisen that were not dealt wit... Read more
1.3.3 Constitutional Justice - Jurisdiction - Advisory powers
3.4 General Principles - Separation of powers
4.8.8.2.1 Institutions - government - Distribution of powers - Implementation - Distribution ratione materiae
4.14 Institutions - Activities and duties assigned to the State by the Constitution
Self-restraint, Principle, Constitutional Court judge

CRC-2023-2-002 a) Costa Rica b) Constitutional Chamber of the Supreme Court c) d) 03.06.2020 e) 2020-010160 f)
Legislators have an ample margin of appreciation when formulating legislation capping interest rates. Even in the face of multiple and technical approaches to the problem, the Constitutional Chamber cannot choose, in an advisory opinion, which approach is more valid than others. The advisory opinion is of an abstract nature: it cannot measure the impact of legislation in society. That is part of ... Read more
1.3.3 Constitutional Justice - Jurisdiction - Advisory powers
2.1.1.4.11 Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969
3.19 General Principles - Margin of appreciation
3.20 General Principles - Reasonableness
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection
Usury / Cap / Legislative regulatory powers

Council of Europe

ECH-2023-2-009 a) Council of Europe b) European Court of Human Rights c) Section IV d) 04.04.2023 e) 7246/20 f) A.H. and Others v. Germany
Respect for private life - Legal impossibility for transgender parent’s current gender, disconnected from biological reality, to be indicated on birth certificate of child conceived after gender reclassification: no violation.
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
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
Transgender / Birth certificate

ECH-2023-2-010 a) Council of Europe b) European Court of Human Rights c) Section IV d) 04.04.2023 e) 53568/18 and 54741/18 f) O.H. and G.H. v. Germany
Female to male transsexual registered under former female forename and as child’s mother in birth register: Article 8 ECHR. Female to male transsexual registered under former female forename and as child’s mother in birth register: Discrimination.
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
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
Transgender / Birth certificate

ECH-2023-2-011 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 13.04.2023 e) P16-2022-001 f) Advisory opinion requested by the Supreme Court of Finland
Article 8 ECHR - Respect for private and family life Advisory opinion on the procedural status and rights of a biological parent in proceedings for the adoption of an adult Article 6.1 ECHR (civil) - Civil rights and obligations - Access to court Advisory opinion on the procedural status and rights of a biological parent in proceedings for the adoption of an adult.
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
Biological parents / Procedural obligations under Article 8 ECHR / Adult adoption

ECH-2023-2-012 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 28.04.2023 e) 38263/08 f) Georgia v. Russia (II) (just satisfaction) [GC]
Article 41 ECHR - Just satisfaction Award of non-pecuniary damages to applicant Government, for benefit of identified victims, based only on evidence submitted by it in view of respondent Government’s failure to participate in proceedings
1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
Armed conflict / Standard of proof / Default judgment

ECH-2023-2-013 a) Council of Europe b) European Court of Human Rights c) Section III d) 02.05.2023 e) 36463/11 et al. f) S.P. and Others v. Russia
Article 3 ECHR - Degrading treatment, Inhuman treatment, Positive obligations Segregation, humiliation and abuse of prisoners by fellow inmates on account of inferior status in informal prisoner hierarchy tolerated by prison staff; lack of systemic State action: violation.
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
Prisoners / Outcasts

ECH-2023-2-014 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 15.05.2023 e) 45581/15 f) Sanchez v. France [GC]
Article 10.1 - Freedom of expression Elected politician fined in criminal proceedings for failing to delete, from his publicly accessible Facebook "wall" used for his election campaign, Islamophobic comments by third parties also convicted: no violation.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
3.16 General Principles - Proportionality
3.12 General Principles - Clarity and precision of legal provisions
Internet / Commentaries on Facebook

ECH-2023-2-015 a) Council of Europe b) European Court of Human Rights c) Grande Chambre d) 01.06.2023 e) 24827/14 f) FU QUAN, s.r.o. v. the Czech Republic [GC]
Article 6 - Civil proceedings Article 6-1 - Access to court Domestic courts’ failure to examine the merits of a claim, subsuming case facts under relevant law provision under the principle jura novit curia, absent arguments to this effect from the claimant: inadmissible. Article 1 Protocol 1 Article 1.2 Protocol 1 Control of the use of property Company’s failure to duly raise before domesti... Read more
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
1.4.4 Constitutional Justice - Procedure - Exhaustion of remedies
Complaints not raised before the domestic courts

ECH-2023-2-016 a) Council of Europe b) European Court of Human Rights c) Grande Chambre d) 01.06.2023 e) 19750/13 f) Grosam v. the Czech Republic [GC]
Article 34 - Petition Recharacterisation of applicant’s complaint by Chamber extending scope of case beyond that initially referred to it in the application form Article 35-1 Four-month period (former six-month) Later addition by applicant of new complaint, after initial communication of the case to the respondent Government, not within the six-month time-limit: inadmissible.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
Scope of review

ECH-2023-2-017 a) Council of Europe b) European Court of Human Rights c) Section III d) 06.06.2023 e) 2134/23 et al f) Pivkina and Others v. Russia (dec.)
Article 35.3.a - Ratione temporis Limits of the jurisdiction of the European Court of Human Rights with respect to acts or omissions spanning across the date on which a respondent State ceased to be a Party to the European Convention on Human Rights: communicated ; remainder inadmissible
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
1.6.5 Constitutional Justice - Effects - Temporal effect
Russian Federation, cessation of membership to the Council of Europe

Cyprus

CYP-2023-2-001 a) Cyprus b) Supreme Court c) d) 27.06.2023 e) 4/23 f) President of the Republic v. House of Representatives
Questions had arisen over certain legislative amendments which required retired judges, the Attorney General and the Assistant Attorney General to obtain Special Committee before taking private sector employment within two years of retirement.
1.1.3.9 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - End of office
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
4.7.4.1.5 Institutions - Judicial bodies - Organisation - Members - End of office
Judges, Post-retirement employment

Czech Republic

CZE-2023-2-003 a) Czech Republic b) Constitutional Court c) Senate d) 25.07.2023 e) III. ÚS 39/22 f) Obligation to pay maintenance costs on behalf of a person in a vegetative state
The principle of full compensation reflects the obligation to apply and interpret the relevant legislation in such a way that personal injuries, including their consequences, are compensated using all available legal means and in an effective manner in terms of time and place. An interpretation of the Section 2966 of the Civil Code, placing sufficient emphasis on the main purpose for which it was... Read more
2.3.9 Sources - Techniques of review - Teleological interpretation
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated
Contra verba legem / Damage, Personal injury / Damage, Compensation / Damage, Loss of life / Maintenance, Dependent child, Survivor / Vegetative state, Rights, Capacity

CZE-2023-2-004 a) Czech Republic b) Constitutional Court c) Senate d) 31.07.2023 e) I. ÚS 1594/22 f) Right to life in the light of a 'Do Not Resuscitate order'
The unilateral issuance of a "Do Not Resuscitate" order by doctors without informing or involving the patient or their relatives in the decision-making process may violate the patient's right to participation, and thus the right to inviolability of the person under Article 7.1 of the Czech Charter of fundamental Rights and Freedoms (hereinafter, the «Charter») and respect for family and private li... Read more
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.4.1 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments
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
5.3.33.1 Fundamental Rights - Civil and political rights - Right to family life - Descent
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Duty, Doctor / Compensation, Rights / Ethics, Medical, Professional code, Misconduct / Expert, Opinion, Participation / Medical care, Information of patient / Medical opinion / Medical treatment, Refusal / Personal integrity, Treatment, Essence / Treatment, Medical, Compulsory

Estonia

EST-2023-2-001 a) Estonia b) Supreme Court c) Constitutional Review Chamber d) 30.03.2023 e) 5-23-20 f) Constitutionality of the regulation of electronic voting (complaints by the Estonian Conservative People’s Party against decisions of the Election Commission of the Republic)
Under the Riigikogu Election Act (Article 72.1), a complaint must be filed with the National Electoral Committee within three days of the performance of the contested act. If the complaint is submitted after the deadline established by law, it may be dismissed.
3.12 General Principles - Clarity and precision of legal provisions
3.13 General Principles - Legality
4.6.3.2 Institutions - Executive bodies - Application of laws - making powers
4.9.9.6 Institutions - Elections and instruments of direct democracy - Voting procedures - Casting of votes
Electronic voting, Organisation, Complaints

European Union, Court of Justice

ECJ-2023-2-008 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 05.06.2023 e) C-204/21 P f) Commission v. Poland (Independence and privacy of judges)/ g) ECLI:EU:C:2023:442
Rule of law: the Polish justice reform of December 2019 infringes EU law. The value of the rule of law is an integral part of the very identity of the European Union as a common legal order and is given concrete expression in principles containing legally binding obligations for the Member States.
3.4 General Principles - Separation of powers
2.2.1.6.5 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law
4.7.1.1 Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
Judge, Independent / Judge, Impartiality / Judge, Disciplinary liability / EU law, Uniform application, Primacy / EU law, Direct effect

ECJ-2023-2-009 a) European Union, Court of Justice b) Court of Justice of the European Union c) Fourth Chamber d) 07.06.2023 e) T-309/21 f) TC v. Parliament
The Parliament failed to fulfil its obligations by not communicating certain documents which would have enabled the applicant, an MEP, to prepare for his hearing in accordance with the right to a fair hearing.
4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies
4.17.1.1 Institutions - European Union - Institutional structure - European Parliament
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
EU, Parliament, Obligations / Members of parliament, Expenses, Allowances, Right to be heard

ECJ-2023-2-010 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 22.06.2023 e) C-137/21 P f) K.B. and F.S. (Raising of own motion in criminal matters)
The Commission was not required to suspend the exemption from the visa requirement for US nationals due to a lack of reciprocity in this matter.
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.1.4 Fundamental Rights - General questions - Limits and restrictions
Third-country national, Visa, Requirement / United States of America, Visa, Exemption / Reciprocity, Criterion, Scope

ECJ-2023-2-011 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 22.06.2023 e) C-660/21 P f) K.B. and F.S. (Raising of own motion in criminal matters)
Protection of fundamental rights: EU law does not preclude, in principle, a prohibition on a national court raising of its own motion a breach of the obligation to inform a suspect promptly of his or her right to remain silent. However, the suspect must not have been deprived of a practical and effective opportunity to have access to a lawyer, having obtained legal aid if necessary, and must, lik... Read more
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.13.23.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself
5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel
Criminal procedure, Right to information / Prosecuted person, Suspect, Rights of defence, Right to remain silent

ECJ-2023-2-012 a) European Union, Court of Justice b) Court of Justice of the European Union c) Eighth Chamber d) 04.07.2023 e) C-252/21 P f) Silver and Others v. Council
A national competition authority can find, in the context of the examination of an abuse of a dominant position, that the General Data Protection Regulation (GDPR) has been infringed. Bound by the duty of sincere cooperation, it must nonetheless take into consideration any decision or investigation by the competent supervisory authority pursuant to that regulation.
3.10 General Principles - Certainty of the law
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
Online social networks / Competition, Abuse of dominant position / Data, Personal nature, Processing, Protection

ECJ-2023-2-013 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 13.07.2023 e) Joined Cases C-615/20 and C-671/20 f) Napfény-Toll
The national courts are required to disapply an act ordering the suspension of a judge from his duties, contrary to Union law.
3.4 General Principles - Separation of powers
2.2.1.6.5 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law
4.7.1.1 Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
Judge, Independent / Judge, Impartiality / Judge, Disciplinary liability, Immunity / Union law, Uniform application, Primacy / Union law, Direct effect

ECJ-2023-2-014 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 24.07.2023 e) C-107/23 f) Lin (the name of this case is a fictitious name. It does not correspond to the real name of any party to the proceedings)
Combating fraud against the European Union’s financial interests: national rules on limitation periods for criminal liability must allow effective prevention and punishment. National courts are required, in principle, to disregard national rules or case-law which create a systemic risk of such offences going unpunished.
1.6.5 Constitutional Justice - Effects - Temporal effect
3.10 General Principles - Certainty of the law
4.10.7 Institutions - Public finances - Taxation
5.3.16 Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law
Tax, Value added, Tax fraud / Criminal liability, Statute of limitations / Constitutional court, Decisions, Effects / Application of more favourable criminal law, Risk of impunity

ECJ-2023-2-015 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 05.09.2023 e) C-689/21 f) Udlændinge- og Integrationsministeriet (Loss of Danish nationality)
Denmark may make the retention of Danish nationality dependent on the existence of a genuine connection with that country. However, where the person concerned does not hold the nationality of another Member State, so that the loss of Danish nationality would also entail the loss of Union citizenship, he or she must be able to have the proportionality of that loss examined.
3.16 General Principles - Proportionality
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
Citizenship, Loss, Condition / Nationality, Dual / Connecting link with the Member State, Absence / Application for retention made after reaching the age of 22 / Recovery ex tunc, Time limit

France

FRA-2023-2-007 a) France b) Constitutional Council c) d) 03.05.2023 e) 2023-5 RIP f) Bill to prohibit a statutory retirement age of over 62 years
The Constitutional Council ruled that the joint initiative referendum bill seeking to prohibit a statutory retirement age of over 62 years did not concern a reform relating to the social policy of the nation within the meaning of Article 11 of the Constitution or any of the other matters mentioned in the first paragraph of that article. It accordingly concluded that the bill did not meet the cons... Read more
4.9.1 Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting
4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy
4.9.2.1 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Admissibility
5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension
Joint initiative referendum / Referendum, Initiative, Requirement / Social policy / Retirement scheme, Reform / Retirement, Age

FRA-2023-2-008 a) France b) Constitutional Council c) d) 17.05.2023 e) 2023-850 DC f) Law on the 2024 Olympic Games and Paralympics and setting out various other provisions
In unprecedented terms, the Constitutional Council ruled that the right to respect for private life required particular vigilance in the analysis and processing of a person’s genetic data. It found that the provisions allowing the use of genetic testing as part of anti-doping tests did not infringe the right to respect for private life insofar as the safeguards laid down by the legislature includ... Read more
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Public order, Preservation / Health, Protection / Sport, Doping, Test / Drone, Video surveillance

FRA-2023-2-009 a) France b) Constitutional Council c) d) 09.06.2023 e) 2023-1052 QPC f) Mr Frédéric L. (Access for persons born as a result of medically assisted reproduction involving a third-party donor to non-identifying data and the identities of third-party donors)
In an application for a priority preliminary ruling on constitutionality, the Constitutional Council was asked to consider provisions of the Law of 2 August 2021 which amended earlier law by ending anonymity for third-party donors of gametes or embryos in medically assisted reproduction by allowing an adult born as a result of a donation of gametes or embryos made before 1 September 2022 to make a... Read more
3.19 General Principles - Margin of appreciation
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Bioethics / Medically assisted reproduction / Biological parentage, Identity, Right to know

FRA-2023-2-010 a) France b) Constitutional Council c) d) 26.07.2023 e) 2023-853 DC f) Law to protect homes from illegal occupation
The Constitutional Council considered whether provisions which amended Article 226-4 of the Criminal Code establishing the offence of unlawful entry into a person’s home so as to provide that a person’s home could include any residential premises containing movable property belonging to them, irrespective of whether the person lived on them and irrespective of whether they were the person’s main p... Read more
3.14 General Principles - Nullum crimen, nulla poena sine lege
3.16 General Principles - Proportionality
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing
Illegally occupied property / Property, Illegal occupation / Housing, Decent / Home, Definition / Redress, Harm, Right / Compensation, Loss

Germany

GER-2023-2-012 a) Germany b) Federal Constitutional Court c) Second Panel d) 25.01.2023 e) 2 BvR 2189/22 f) Repeat election in Berlin ‒ preliminary injunction
1. The fact that the Länder have the sole and exclusive responsibility for the protection of subjective electoral rights in elections within their constitutional sphere precludes the admissibility of a constitutional complaint before the Federal Constitutional Court. 2. The inviolability of electoral scrutiny decisions made by Land constitutional courts is subject to compliance with... Read more
1.3.4.5 Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes
3.3 General Principles - Democracy
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
4.5.3.1 Institutions - Legislative bodies - Composition - Election of members
4.8.4.1 Institutions - government - Basic principles - Autonomy
4.9.13 Institutions - Elections and instruments of direct democracy - Judicial control
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.3.13.2 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
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
5.3.41 Fundamental Rights - Civil and political rights - Electoral rights
Election, Homogeneity, Principle / Election, Preliminary injunction / Right to one’s lawful judge

GER-2023-2-013 a) Germany b) Federal Constitutional Court c) Second Chamber of the First Panel d) 25.04.2023 e) 1 BvR 619/23 f) Temporary Deprivation of Custody Rights
1. When challenging court decisions by constitutional complaint, applicants must meet the statutory substantiation requirements for such constitutional complaints: they must furnish the Federal Constitutional Court with the challenged decisions and the documents necessary for assessing whether the challenges are justified. At the very least, applicants must give an account of the contents of these... Read more
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Child, Parent, Separation / Child, Protection / Child, Welfare / Custody, Medical treatment / Interpreter, Assistance, Right / Parental rights

GER-2023-2-014 a) Germany b) Federal Constitutional Court c) First Chamber of the First Panel d) 24.05.2023 e) 1 BvR 605/23 f) Procedural equality of arms – Preliminary injunction
1a. In principle, a decision to grant a preliminary injunction can only be considered if the defendant has had the opportunity to respond to the submissions addressed to the court. 1b. A decision made to the defendant’s disadvantage without a hearing must demonstrate that the court was aware of the exceptional nature of the proceedings. In particular, there must not have been any less drastic alte... Read more
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms
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
Injunction, Opposition / Interim protection

GER-2023-2-015 a) Germany b) Federal Constitutional Court c) Second Panel d) 14.06.2023 e) 2 BvL 3/20, 2 BvL 14/20, 2 BvL 5/21, 2 BvL 7/21, 2 BvL 3, 4, 5, 12, 13, 14/22, 2 BvL 1/23, 2 BvL 3/23, 2 BvL 8/23 f) Criminalisation of Cannabis Products
1. An ordinary court can only refer legislation to the Federal Constitutional Court for review in specific judicial review proceedings if it considers an act of Parliament that is relevant to its decision in the initial proceedings to be unconstitutional; the referring court must substantiate this view. In this regard, the referring court is bound by previous decisions rendered by the Federal Cons... Read more
1.2.3 Constitutional Justice - Types of claim - Referral by a court
3.13 General Principles - Legality
3.16 General Principles - Proportionality
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Binding effect, Constitutional doctrine, erga omnes effect / Cannabis / Cannabis, Possession, Use / Cannabis, Decriminalisation / Drug offences, Punishment, Legislative discretion

GER-2023-2-016 a) Germany b) Federal Constitutional Court c) Second Panel d) 20.06.2023 e) 2 BvR 166/16, 1683/17 f) Prisoner renumeration II
1. The constitutional requirement to seek the social reintegration of offenders arising out of Article 2.1 in conjunction with Article 1.1 of the Basic Law obligates the legislator to develop an effective and internally coherent social reintegration concept that is based on current scientific knowledge and to implement this concept with sufficiently specific statutory provisions. 2. The legislato... Read more
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - penal measures
Prison administration / Prisoner, Employment / Prisoner, Remuneration for work / Resocialisation, Principle

GER-2023-2-017 a) Germany b) Federal Constitutional Court c) Second Panel d) 05.07.2023 e) 2 BvE 4/23 f) Act to amend the Buildings Energy Act – Preliminary injunction
1. The way in which legislative proceedings have been designed can constitute suitable subject matter for a dispute between federal organs, regardless of whether the particular legislative acts at issue are only of a preparatory character, if it can be conclusively demonstrated that it has resulted in an interference with the participatory rights of individual members of the Bundestag. 2. ... Read more
3.3.1 General Principles - Democracy - Representative democracy
3.4 General Principles - Separation of powers
4.5.4.3 Institutions - Legislative bodies - Organisation - Sessions
4.5.6 Institutions - Legislative bodies - making procedure
Interim protection / Parliament, Debate, Final vote / Parliament, Member, Equality / Parliament, Autonomy / Political will, Formation / Preliminary injunction, Weighing of consequences

Italy

ITA-2023-2-002 a) Italy b) Constitutional Court c) d) 09.02.2023 e) 14/2023 f)
The remote risk of adverse events following vaccination, which may in some cases be serious, cannot be deemed to be intolerable. Rather, it establishes grounds for compensation. Medical treatments – including mandatory vaccination – that may entail a risk of undesirable consequences, detrimental beyond normally tolerable limits, must be deemed to be lawful if their goal is to protect public health... Read more
3.16 General Principles - Proportionality
3.20 General Principles - Reasonableness
3.22 General Principles - Prohibition of arbitrariness
4.18 Institutions - State of emergency and emergency powers
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.2 Fundamental Rights - Equality
5.3.4.1 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments
5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
Vaccines, SARS-COV-2 / Healthcare workers, Mandatory vaccination / Remote risk of adverse events / Review of scientific basis and knowledge

ITA-2023-2-003 a) Italy b) Constitutional Court c) d) 09.02.2023 e) 15/2023 f)
A review to ensure that the choice made by the legislator to encroach upon the fundamental right to health was not unreasonable, including with reference to the issue of self-determination, must be carried out having regard to the specific ongoing medical and epidemiological situation. With specific regard to an employee who has chosen not to comply with the requirement of mandatory vaccination b... Read more
3.16 General Principles - Proportionality
3.20 General Principles - Reasonableness
3.22 General Principles - Prohibition of arbitrariness
4.18 Institutions - State of emergency and emergency powers
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.2 Fundamental Rights - Equality
5.3.4.1 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
COVID-19 vaccination / Medical, Scientific, Knowledge, Assessment / Healthcare treatment, Mandatory / Remuneration, Maintenance allowance, Rights

Kosovo

KOS-2023-2-004 a) Kosovo b) Constitutional Court c) d) 20.04.2023 e) KI69/21 f) Constitutional review of Judgment (AA. no. 29/2021) of the Supreme Court of 12 March 2021
Voting in the Republic of Kosovo is personal, equal, free and secret. A vote cannot be annulled based on the ethnic affiliation of the voter.
1.3.4.5 Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes
4.9.6 Institutions - Elections and instruments of direct democracy - Representation of minorities
4.9.15 Institutions - Elections and instruments of direct democracy - electoral procedures
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
Voting, Annulment, Ethnic affiliation / Framework Convention of the Council of Europe for the Protection of National Minorities

KOS-2023-2-005 a) Kosovo b) Constitutional Court c) d) 06.07.2023 e) KO 161/21 f) Constitutional review of Judgment (Pml. no. 310/2020) of the Supreme Court
Questions had arisen over the lack of equality of arms and ability to examine witnesses in a case where a woman was on trial for the murder of her husband and where testimony from relevant authorities would have proved that she had been the victim of domestic abuse. Questions also arose over the protection of the best interests of her child, who had had to give evidence in the trial and the compli... Read more
1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms
5.3.13.28 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to examine witnesses
Child, Best interests, Murder trial, Mother, Testimony / Accused, Murder trial, Domestic violence, Victim

Kyrgyzstan

KGZ-2023-2-001 a) Kyrgyzstan b) Constitutional Court c) Plenary d) 01.01.0001 e) 7-P f) Review of the constitutionality of Articles 61.2.3 and 64.2.2 of the constitutional law on Elections of the President and deputies of the Parliament and Article 1.18 of the constitutional law on Introducing amendments and additions to the constitutional Law on Elections of the President and deputies of the Parliament dated 23 April 2015 no. 88
The legislator is authorised to create appropriate legal mechanisms to streamline the election process. This can include establishing certain requirements for candidates applying for elected positions.
4.9.4 Institutions - Elections and instruments of direct democracy - Constituencies
4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates
4.9.8.1 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing
4.9.8.2 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign expenses
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
Electoral deposit, Amount, Regional threshold / Election process, Candidate, Discrimination

KGZ-2023-2-002 a) Kyrgyzstan b) Constitutional Court c) Plenary d) 01.01.0001 e) 8-P f) Mambetaliev B.T.
Local self-government, as a key element of state structure, represents the level of power of the people and a form of self-organisation of the population. Local self-government bodies, in the course of their activities, adopt certain regulatory acts that are mandatory for those to whom they are addressed. The adoption of these acts often affects property relations, a significant problem for state ... Read more
1.3.4.2 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities
1.3.4.4 Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities
5.3.13.1.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
Local self-government, Property issues

KGZ-2023-2-003 a) Kyrgyzstan b) Constitutional Court c) Plenary d) 29.03.2023 e) 4-P f) Review of the constitutionality of Articles 80.5 and 95 of the Criminal Code, Article 5.2 of the law on the Enactment of the Criminal Code, the Code of Criminal Procedure, the Code on Offenses and on Amendments to certain Legislative Acts, 28 October 2021 no. 126
When introducing new methods in criminal law policy, a responsible and comprehensive approach is needed, taking heed of all possible implications and the potential consequences for society and the state. Such clear action could help prevent controversy and resolve practical issues. To facilitate a smooth, effective transition from the old legal relationship to the new, the application of an inter... Read more
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
5.3.38.1 Fundamental Rights - Civil and political rights - retrospective effect of law - Criminal law
Suspects, Pre-trial detention, Conditions / Punishment, Offset

KGZ-2023-2-004 a) Kyrgyzstan b) Constitutional Court c) Plenary d) 03.05.2023 e) 7-P f) Almazbekov T.A.
The institute of revision of judicial acts following newly discovered circumstances is an additional, highly significant guarantee of the fair resolution of a case in administrative, criminal and civil proceedings. It is vital that the procedural norms of national legislation on the correction of judicial errors comply with international legal standards.
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice
5.3.13.22 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
Newly discovered circumstances, Impact

Liechtenstein

LIE-2023-2-002 a) Liechtenstein b) Constitutional Court c) d) 16.05.2023 e) StGH 2022/087 f)
Regardless of the size of the estate, it is constitutional for courts to charge heirs an estate fee of two thousandths of the net estate.
1.4.14 Constitutional Justice - Procedure - Costs
3.5 General Principles - Social State
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens
Inheritance, Estate fee / Inheritance, Proceedings, Court fee / Taxation, Principles

Lithuania

LTU-2023-2-001 a) Lithuania b) Constitutional Court c) d) 24.01.2023 e) KT8-N1/2023 f) Restriction of freedom of economic activity following the declaration of quarantine
In seeking to ensure the constitutional right of each individual to have proper, safe, and healthy conditions at work and regulating the measures for the management (control) of communicable diseases, under the Constitution, the legislature has discretion, inter alia, to establish which competent public health institution has the power to decide what measures laid down in laws and substatut... Read more
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Control, Communicable disease / State-level emergency situation / Quarantine / COVID-19

LTU-2023-2-002 a) Lithuania b) Constitutional Court c) d) 07.06.2023 e) KT53-A-N6/2023 f) Temporary accommodation of asylum seekers in the event of a mass influx of aliens during a declared extraordinary situation, a state of emergency, or a state of war
The limitation of the liberty of a person, inter alia, in such a way as to restrict a person’s freedom of movement to such an extent that such a restriction of liberty could be treated as detention, arrest, or the deprivation of liberty otherwise, may be carried out only in accordance with the conditions, which arise from the Constitution, for the limitation of the constitutional rights and... Read more
5.1.5 Fundamental Rights - General questions - Emergency situations
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
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
5.3.13.8 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file
Asylum seeker / Aliens’ registration centre / Mass influx, Aliens / Extraordinary situation, State / Emergency, State / Unlawful restriction, Deprivation, Liberty / Physical inviolability / Human dignity

Mexico

MEX-2023-2-005 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 14.06.2023 e) SUP-REC-161/2023 f) Indirect Voting for Indigenous Normative Systems
The High Chamber of the Electoral Tribunal of the Federal Judiciary analysed the potential collision between two constitutional principles: the principle of direct voting and the principle of self-determination of indigenous peoples and communities. It harmonised both principles and concluded that indirect voting is valid within Indigenous Normative Systems because it allows governance in indigen... Read more
1.3.4.3 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities
4.4.4.3 Institutions - Head of State - Appointment - Direct/indirect election
4.8 Institutions - government
Indigenous community / Indigenous community, Self-governance / Indigenous community, Self-determination

MEX-2023-2-006 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 19.07.2023 e) SUP-JDC-56/2023 f)
Political parties must prove the qualified self-identification of the candidates for federal positions who running under the indigenous affirmative action.
3.3.1 General Principles - Democracy - Representative democracy
4.9.6 Institutions - Elections and instruments of direct democracy - Representation of minorities
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities
5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service
5.5.4 Fundamental Rights - Collective rights - determination
Indigenous people / Indigenous community, Self-governance / Indigenous community, Election, Candidate, Self-identification

MEX-2023-2-007 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 27.07.2023 e) SUP-JDC-254/2023 f)
Local Electoral Tribunals in Mexico are required by the constitution to have an odd number of justices to serve for seven years. Justices must be elected by two-thirds of the Senate of the Republic. While Local Congresses have the authority to regulate procedures for filling vacancies, they cannot influence the Senate's exclusive power to appoint state justices, nor can they extend their fixed sev... Read more
4.7 Institutions - Judicial bodies
4.7.4 Institutions - Judicial bodies - Organisation
4.7.4.1 Institutions - Judicial bodies - Organisation - Members
4.7.4.1.4 Institutions - Judicial bodies - Organisation - Members - Term of office
Judge, Appointment

MEX-2023-2-008 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 09.08.2023 e) SUP-RAP-115/2023 f)
In Mexico, to initiate the recall procedure of the President of the Republic, a petition must be submitted by a legally required percentage of citizens. In this case, the Electoral Tribunal decided whether a civil association could be sanctioned for providing false support to promote the exercise of direct democracy and whether the measures imposed by the electoral administrative body were correct... Read more
1.3.4.6 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of referendums and other instruments of direct democracy
3.3.2 General Principles - Democracy - Direct democracy
4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy
Democracy / Direct democracy

MEX-2023-2-009 a) Mexico b) Federal Electoral Court of Mexico c) High Chamber d) 09.08.2023 e) SUP-RAP-156/2023 f) Agreement between political parties to form a common front
The High Chamber of the Electoral Tribunal of the Federal Judiciary validated the creation of a party front to organise a political process for selecting national leadership considering it as representing another form of organisation to exercise political rights, particularly the right to self-organisation of political parties.
1.1.2.4 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members
1.1.2.5 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of the President
1.3.4.5 Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes
4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates
1.3.4.6 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of referendums and other instruments of direct democracy
3.3.2 General Principles - Democracy - Direct democracy
4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy
Fraud, Electoral / Right to self-organisation

Moldova, Republic of

MDA-2023-2-005 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 19.06.2023 e) 10 f) Constitutional review of the «Sor» Political Party
The transparent financing of political parties and electoral campaigns is a principle underlying democratic elections. This principle can be affected if the party's non-transparent funding is systematic, continuous and of significant proportions. In this case, this lead to the dissolution of the political party in question.
1.3.4.7.1 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Banning of political parties
4.5.10.2 Institutions - Legislative bodies - Political parties - Financing
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly
Political party, Freedom of association, Scope / Political party, Funding, Concealed / Democratic organisation, Dissolution

MDA-2023-2-006 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 20.07.2023 e) 11 f) Exception of unconstitutionality of several provisions of the Law on private detective and security activity
A general exclusion of persons previously convicted for intentional crimes from being recruited by private security organisations is unconstitutional. A less intrusive measure is to require a clear criminal record.
3.16 General Principles - Proportionality
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
Proportionality, Constitutional review, Test

MDA-2023-2-008 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 08.08.2023 e) 14 f) Exception of unconstitutionality of several provisions of the Law on state secret and of several provisions of the Regulation on ensuring the secret regime within public authorities and other legal entities
Non-disclosure of the factual grounds for the withdrawal of security clearance should be sufficiently counterbalanced by other safeguards. The person has the right to be informed of the factual elements underlying the decision to withdraw security clearance.
5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings
Secret, State, Access to court, Disclosure / Equality of arms, Principle

MDA-2023-2-009 a) Moldova, Republic of b) Constitutional Court c) d) 09.11.2023 e) 20 f)
Procedure for evaluating the performance of the Prosecutor General declared unconstitutional.
1.5.5.2 Constitutional Justice - Decisions - Individual opinions of members - Dissenting opinions
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel
4.7.4.3.5 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - End of office
Official, Dismissal, Grounds / Prosecutor general / Prosecutor, Dismissal, Appeal, Right / Prosecutor general, Dismissal from office, Procedure / Public office, Holder

Montenegro

MNE-2023-2-002 a) Montenegro b) Constitutional Court c) d) 14.06.2023 e) U-I 7/17 f)
Under the Constitution and the European Convention on Human Rights, everyone is entitled to a fair and public hearing in relation to a criminal charge against them within a reasonable time by an independent and impartial tribunal established by law. Anyone charged with a criminal offence must also have sufficient time and facilities to prepare their defence. Guaranteed human rights and freedoms m... Read more
3.9 General Principles - Rule of law
3.12 General Principles - Clarity and precision of legal provisions
3.16 General Principles - Proportionality
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.8 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file
Case files, Investigation phase, Inspection / Accused, Rights, Defence / Code of Criminal Procedure

North Macedonia

MKD-2023-2-002 a) North Macedonia b) Constitutional Court c) d) 12.07.2023 e) 2021, 146/2021 f)
By not taking measures to ensure the protection and safety of a journalist during the violent events in the Parliament on 27 April 2017, the State violated the journalist’s freedom of expression and freedom to impart information.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Journalist / Freedom of expression, Freedom to impart information

MKD-2023-2-003 a) North Macedonia b) Constitutional Court c) d) 05.12.2023 e) U.no.81/2023 f)
Excluding the students оf private high schools from the right to free school transportation is discrimination that is prohibited by the Constitution.
3.9 General Principles - Rule of law
5.2 Fundamental Rights - Equality
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
Education, Equality of rights / Education, Transport / Students / School, Private, Equal treatment

Portugal

POR-2023-2-002 a) Portugal b) Constitutional Court c) Third Chamber d) 16.05.2019 e) 269/19 f)
A Civil Code norm that allows for a one-month deadline for a tenant to vacate residential property does not impinge on the right to housing and decent living conditions. The legislator enjoys a wide margin of discretion when implementing the constitutional imperatives of protection of rights.
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
1.6.8 Constitutional Justice - Effects - Influence on everyday life
5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing
4.5.2 Institutions - Legislative bodies - Powers
4.5.10 Institutions - Legislative bodies - Political parties
Housing, Agreement, Vacating, Deadline / Judicial deference

POR-2023-2-003 a) Portugal b) Constitutional Court c) Second Chamber d) 28.06.2022 e) 470/22 f)
The rationale behind the principle of minimal intervention is to preserve a space of autonomy for parties in relation to the State, without unnecessary interference, and to ensure the necessary balance between the principle of political party transparency, given the role of political parties as privileged instruments for the organisation and expression of the popular will and internal pluralism or... Read more
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
4.5.10 Institutions - Legislative bodies - Political parties
1.4.4 Constitutional Justice - Procedure - Exhaustion of remedies
Minimal intervention, Principle / Deference, Judicial deference

POR-2023-2-004 a) Portugal b) Constitutional Court c) Second Chamber d) 11.05.2023 e) 235/23 f)
The interpretation and concrete application of the part of the Criminal Code concerning “dating relationships” is part of the ordinary task entrusted to criminal courts. It is constitutionally compliant and does not breach the principle of separation of powers. When it passed this legislation, the legislator fully discharged its legislative function and left the task of judging to the judges.
3.4 General Principles - Separation of powers
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
4.7.1 Institutions - Judicial bodies - Jurisdiction
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
Dating relationships, Criminal code, Status / Deference, Judicial deference / Separation of powers

POR-2023-2-001 a) Portugal b) Constitutional Court c) d) 28.04.2018 e) 225/2018 f)
Are considered unconstitutional the following norms contained in Law 32/2006 on the Medically Assisted Procreation: Articles 8.4, 8.10 and 8.11 and, as a consequence, the norms contained in Article 8.2 and 8.3, in the part that allows for the entering into gestational surrogacy agreements on an exceptional basis and with prior authorisation; the norm contained in Article 8.8 in conjunction with Ar... Read more
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
3.12 General Principles - Clarity and precision of legal provisions
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.4.1 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments
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
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
Data, Personal, Protection / Family life, Right / Family, Protection, Constitutional / Family, 'peace of the family' / Fundamental right, Conflict, Exercise / Fundamental right not open to restriction, Limitation / Human dignity, Violation / Identity, Right / Deference

Serbia

SRB-2023-2-002 a) Serbia b) Constitutional Court c) d) 23.02.2023 e) Uz-6096/2020 f)
Administrative authorities must, in their decision-making on social assistance, take account of the principles of social welfare legislation and the rationale behind the introduiction of this legislation.
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Social assistance, Care of another

Slovakia

SVK-2023-2-002 a) Slovakia b) Constitutional Court c) Plenum d) 14.06.2023 e) PL. ÚS 22/2019 f)
The names of political parties constitute political speech and may thus only be restricted to the extent necessary in a democratic society in the interest of protecting the rights and freedoms of others, national security, public order, public health or morals.
4.5.10.1 Institutions - Legislative bodies - Political parties - Creation
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Political party, Naming, Restrictions

Slovenia

SLO-2023-2-001 a) Slovenia b) Constitutional Court c) d) 13.10.2022 e) Up-551/19 f)
A decision regarding the existence of conditions for detention must provide the individual concerned with insight into the concrete reasons that substantiate an interference with his or her constitutional right to personal liberty. Concrete circumstances are decisive when assessment is being undertaken as to the admissibility of detention. An appropriate reasoning is also a precondition for a revi... Read more
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
Detention, Recidivism, Risk / Liberty, Deprivation, Reasoned decision, Right / Circumstance, Clarification

SLO-2023-2-002 a) Slovenia b) Constitutional Court c) d) 12.05.2022 e) Up-1134/18 f)
The exercise of covert surveillance in the workplace can entail an interference with the constitutional right to privacy. Employees can justifiably expect a certain degree of privacy in the space where they work. A court decision on the legality of an extraordinary termination of an employment contract due to a violation of a work obligation, which also fulfils the statutory elements of a crimina... Read more
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
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
Covert surveillance, Workplace / Legitimate expectation

SLO-2023-2-003 a) Slovenia b) Constitutional Court c) d) 16.06.2022 e) U-I-486/20, Up-572/18 f)
Exclusion of same-sex partners from the right to enter into marriage is unconstitutional; it entails discrimination on grounds of sexual orientation.
3.16 General Principles - Proportionality
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.34 Fundamental Rights - Civil and political rights - Right to marriage
Discrimination, Marriage / Discrimination, Sexual orientation / Equality, Marriage, Family life

SLO-2023-2-004 a) Slovenia b) Constitutional Court c) d) 16.06.2022 e) U-I-91/21, Up-675/19 f)
The statutory regulation of joint adoption, which denied same-sex partners living in a civil union the possibility of adopting children together, while giving such a possibility to spouses (including common-law spouses), violated the right of same-sex-oriented persons to non-discriminatory treatment.
3.16 General Principles - Proportionality
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Discrimination, Adoptive parent / Equality, Adoption, Family life

SLO-2023-2-005 a) Slovenia b) Constitutional Court c) d) 17.11.2022 e) U-I-64/22, U-I-65/22 f)
The Constitution only allows the retroactive application of individual statutory provisions. Legislation that exhibits retroactive effect as a whole is constitutionally inadmissible. Assessment as to whether only an individual provision of a challenged Act has retroactive effect, or whether this applies to the Act in its entirety, must be based on a substantive criterion and proceed from the rela... Read more
5.3.38 Fundamental Rights - Civil and political rights - retrospective effect of law
Consumer credit agreement, Regulation / Consumer credit, Foreign currency / Loan, Foreign currency / Loan, Unfair term / Retroactivity, Public interest, Justification

Switzerland

SUI-2023-2-004 a) Switzerland b) Federal Court c) First Chamber of Public Law d) 03.03.2022 e) 1B98/2021 f) A. c. Peyer et Knecht
A judge is not required to withdraw from a case on the sole ground that he or she has already dealt with it under accelerated proceedings which were unsuccessful (point 5 of the reasoning).
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
Successive involvement in the same case / Judge, Impartiality, Challenge / Criminal trial, Accelerated proceedings

SUI-2023-2-005 a) Switzerland b) Federal Court c) First Chamber of Public Law d) 09.09.2022 e) 1B420/2022 f) A. c. Ministère public III du canton de Zurich
The scope of protection of Article 30.1 of the Federal Constitution and Article 6.1 ECHR includes not only judicial independence in relation to any outside influence but also the internal independence of the members of a court, in particular the independence of each member of the collegiate body. This independence may be undermined not only by formal hierarchical relationships but also by informal... Read more
5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
Independence / Office, Incompatibility / Court registrar / Judge, Acting / Hierarchical subordination

Türkiye

TUR-2023-2-004 a) Türkiye b) Constitutional Court c) Plenary d) 21.01.2021 e) 2016/12900 f) Cemal Günsel
In order for an individual application to be examined on the merits, the applicant must de facto and de jure substantiate his or her allegations of violation of constitutional rights and freedoms in the application form and the annexes thereof submitted to the Constitutional Court. This obligation belongs to the applicant and not to the Court. If the applicant fails to fulfil this ob... Read more
1.1.1.1.1 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution
1.1.1.1.5 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Rule adopted by the Court
1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.36.1 Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence
Complaint, Constitutional, Admissibility / Constitutional court, Individual complaint, Admissibility / Constitutional complaint, Content / Constitutional complaint, Substantiation / Constitutional complaint, Individual application, Unsubstantiated complaint, Inadmissibility

TUR-2023-2-005 a) Türkiye b) Constitutional Court c) Plenary d) 29.09.2021 e) 2017/32972 f) T.A.
The public authorities’ failure to effectively implement the protective and preventive measures ordered so as to prevent the violence against women and the lack of a criminal investigation against the public officers being negligent in the incident violate the right to life safeguarded by Article 17 of the Constitution in its both substantive and procedural limbs.
5.3.2 Fundamental Rights - Civil and political rights - Right to life
Domestic violence, Victim, Divorce / Domestic violence, Adequate protective measures, Risk / Domestic violence, Crime / Domestic violence, Criminal law, Application to earlier acts / Domestic violence, Prevention, Obligation / Woman, Violence against, Prevention / Woman, Special protection / Violence, Against women / Violence, Domestic, Prevention / Violence, Domestic, Injunction / Violence, Gender-based

TUR-2023-2-006 a) Türkiye b) Constitutional Court c) Plenary d) 15.02.2023 e) 2021/2831 f) Wısam Sulaıman Dawood Eaqadah
Where an applicant raises an arguable claim that he or she will be subjected to ill-treatment in the country to which he or she is to be deported, the administrative and judicial authorities must examine whether there is a real risk of violation in relation to that country. In addition, procedural safeguards should be guaranteed in deportation proceedings: the act of deportation must have a legal ... Read more
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.9 Fundamental Rights - Civil and political rights - Right of residence
5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
Deportation, Terror suspect / Expulsion from country of residence / Foreigner, Deportation, Ill-treatment, Risk / Foreigner, Expulsion, Administrative procedure, Summary / Foreigner, Expulsion, Danger of ill-treatment / Foreigner, Expulsion, Remedy, Effective / Foreigner, National security, Threat, Expulsion / Deportation, Foreign terror suspect / Residence, Permit, Revocation, National security, Access to reasons

TUR-2023-2-007 a) Türkiye b) Constitutional Court c) First Section d) 02.03.2023 e) 2017/37627 f) Sevda Yılmaz
The public authorities should take measures to ensure that persons with disabilities have access to a certain standard of living in economic and social terms. It is necessary to make legal arrangements to ensure that persons with disabilities enjoy or benefit from all human rights and fundamental freedoms on an equal basis with other persons, and Article 10 of the Constitution, which guarantees th... Read more
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.9 Fundamental Rights - Civil and political rights - Right of residence
5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
Disability, Persons, Rights / Disability, Physical / Disability, Discrimination / Discrimination, Discriminatory treatment

TUR-2023-2-008 a) Türkiye b) Constitutional Court c) Plenary d) 08.03.2023 e) 2019/13338 f) Ümran Özkan
The starting date of the individual application period is deemed to be the date on which the person claiming to have been subjected to a violation of rights learns of this situation personally or by his or her lawyer through the National Judiciary Informatics System (hereinafter, the “UYAP”). In other words, the beginning of the application period for an individual application starts from the date... Read more
1.1.1.1.5 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Rule adopted by the Court
1.4.3.1 Constitutional Justice - Procedure - limits for instituting proceedings - limit
Constitutional complaint, Admissibility / Constitutional complaint, Application, Starting date / Constitutional complaint, Application, Time-limit / Decision, Judicial, Notification, Informatics system

TUR-2023-2-009 a) Türkiye b) Constitutional Court c) Plenary d) 05.04.2023 e) 2023/44 f)
Any statutory arrangement that is more favourable merely to some of the individuals who are in a relatively similar situation must have an objective and reasonable ground, as well as must be proportionate.
5.2 Fundamental Rights - Equality
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
COVID-19, Pandemic, Legislative response / COVID-19, Regulations, Scope, Limits

TUR-2023-2-010 a) Türkiye b) Constitutional Court c) Plenary d) 17.05.2023 e) 2019/33972 f) Fuat Fettahoğlu
The principle of the legality of offences and penalties, which is one of the fundamental components of the rule of law, should be interpreted and applied in such a way as to provide effective safeguards against arbitrary prosecution, conviction and punishment, taking into account its aims and purposes. At the same time, the interpretation of an act that is not recognised as a criminal offence on t... Read more
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
3.12 General Principles - Clarity and precision of legal provisions
3.13 General Principles - Legality
3.14 General Principles - Nullum crimen, nulla poena sine lege
Criminal law, Interpretation / Criminal law, Offence, Imprecise phrasing, Foreseeability / Criminal matter, Legality, Principle / Criminal sanction, Notion, Principle of legality / Genetically modified organisms, Introduction into the environment / Subsidiarity, Principle, Constitutional proceedings

TUR-2023-2-011 a) Türkiye b) Constitutional Court c) Plenary d) 01.06.2023 e) 2022/120 f)
The legislature has a discretionary power to determine systemic preferences in the field of punishment and criminal procedure, whether or not to include penal policy instruments such as suspension of the pronouncement of the judgment and, if so, how to apply them, provided that in exercising its discretionary power it respects the constitutional principles of criminal law. Examination of the appro... Read more
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
3.19 General Principles - Margin of appreciation
4.5.2 Institutions - Legislative bodies - Powers
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
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.13.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Criminal courts, Sentence, Margin of appreciation / Criminal justice system, Functioning / Criminal justice, Effectiveness / Deference, Judicial / Deferential standard of review / Legislative discretion, Limit / Legislative policy-making power / Legislative power, Limitation / Legislative power, Restriction / Legislature, Discretionary power / Legislature, Power, Discretionary / Sanction, Criminal / Sanction, Criminal, Enforcement / Sanction, Suspension of sentence / Sentence, Criminal, Suspension / Sentence, Execution, Postponement / Sentence, Suspension, Effect

TUR-2023-2-012 a) Türkiye b) Constitutional Court c) Plenary d) 14.06.2023 e) 2018/32269 f) Fatih Seyis
Overcrowding in prison is not compatible with human dignity and constitutes an ill-treatment. In the absence of three factors, namely the allocation of four square metres to each prisoner, the provision of a separate sleeping area for each prisoner and the construction of the cell floor in such a way as to enable the prisoner to move freely between the pieces of furniture, there is a ‘strong presu... Read more
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Detainee, Treatment, Conditions / Detainee, Treatment, Poor conditions / Prison administration, Special rules, Prohibition on receiving outside periodicals / Prison conditions / Prison conditions, Overcrowded, Cell / Prison law, Prisoners subject to special rules / Prison treatment / Prison, Detainee, Rights / Prisoner, Imprisonment, Detention conditions / Prisoner, Treatment, Inadequate conditions

TUR-2023-2-013 a) Türkiye b) Constitutional Court c) Plenary d) 25.07.2023 e) 2023/18536 f) Keser Altıntaş
There is no longer any justification for the Constitutional Court to continue to examine individual applications concerning allegations of violations of the length of proceedings, since no administrative or judicial remedy could be pursued without first applying to the Constitutional Court, and since alleged violations of the right to a trial within a reasonable time would continue to be subject t... Read more
1.1.1.1.5 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Rule adopted by the Court
1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies
5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time
Deference, Judicial / Deferential standard of review / Legislative discretion, Limit / Length of proceedings, Unreasonable / Proceedings, Defect, Remedy / Proceedings, Dismissal / Systemic situation, Pilot judgment

TUR-2023-2-014 a) Türkiye b) Constitutional Court c) Plenary d) 26.07.2023 e) 2023/37 f)
The ban imposed by the law on mothers bringing an action for denial of paternity violates the right to an effective remedy in conjunction with the right to respect for private life.
1.2.3 Constitutional Justice - Types of claim - Referral by a court
1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
Applicant, Locus standi / Effective remedy, Deprivation / Right to bring legal proceedings / Paternity, Action to disclaim / Paternity, Challenge by the mother, Not entitled / Paternity, Right to challenge, Mother

Ukraine

UKR-2023-2-006 a) Ukraine b) Constitutional Court c) Second Senate d) 19.05.2023 e) 5-r(I)/2023 f) Conformity of Article 483.1.2 of the Customs Code with the Constitution (regarding individualisation of an individual’s legal liability for customs rules violation)
A provision of customs legislation that deprives courts of the opportunity to consider individual cases and the existence of mitigating circumstances when reviewing administrative liability is unfair and cannot be said to be in pursuit of a legitimate goal. It also runs counter to the principle of the individualisation of punishment.
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
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
Proceedings, Judicial, Administrative, Mitigating circumstances / Punishment, Individualisation / Customs, Violation, Sanction, Court powers / Punishment, Disproportionate