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e-Bulletin on Constitutional Case-Law
Special Bulletin for the CECC on the relationship between human rights catalogues
The Circle of Presidents of the Conference of European Constitutional Courts (CECC), by Resolution II adopted at its preparatory meeting for the XVIIIth Congress of the CECC held in Prague on 13 June 2018, decided to ask the Venice Commission to cooperate in the preparation of this Congress and to prepare a special Bulletin on the following subject chosen by the CECC for this event: “the Relationship of International, Transnational and National Catalogues in the 21st Century”.
The Congress was originally scheduled to take place in Prague on 26-29 May 2020, hosted by the Constitutional Court of the Czech Republic, then holding the Presidency of the CECC. As a result of the COVID-19 pandemic, this Court held the Congress online on 24–25 February 2021.
This special issue of the e-Bulletin on Constitutional Case-Laws links to the General Report of the XVIIIth Congress (General Report). The aim of this special e-Bulletin is to combine the General Report of the XVIIIth Congress with a country specific presentation of the case-law of constitutional courts and equivalent bodies, following the usual design and layout of the Venice Commission’s e-Bulletin on Constitutional Case-Law.
During the XVIIIth Congress, the question of the use of several human rights catalogues by constitutional courts and courts with equivalent jurisdiction were thoroughly discussed.
As human rights constitute the basis of a true democracy, they are an essential part of the triangle that ties democracy, human rights and the rule of law together, forming the core principles of the Council of Europe.
Every member state of the Council of Europe must ensure the protection of human rights at the national level and every member state must be a party to the European Convention on Human Rights. For this reason, the constitutions of most member states of the Council of Europe contain an important catalogue of human rights that provides a sound basis for their implementation.
For member states of the Council of Europe, it is therefore both the constitution (or law as the case may be) and the European Convention on Human Rights, as interpreted by the European Court of Human Rights, that constitute the yardstick for human rights. In addition, Protocol No.16 to the European Convention on Human Rights – which allows the highest courts and tribunals, as specified by member States which have ratified it, to request advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the European Convention on Human Rights or its Protocols – is an important new means of harmonising the interpretation of national constitutions and the European Convention on Human Rights.
For member States of the Council of Europe, which are also part of the European Union, another human rights catalogue is the Charter of Fundamental Rights of the European Union (Charter of the EU), as interpreted in the case-law of the Court of Justice of the European Union.
The existence of two regional human-rights catalogues raises the question for individuals to which catalogue they should refer – what is their relationship to one another or what should this relationship be? Some provisions, seemingly the same in both catalogues, may be narrower or broader in one or the other and some rights may only exist in one of the catalogues, e.g. the right to good administration (Charter of the European Union). This situation also raises the question of whether some catalogues should be used to interpret the scope of a provision in other catalogues. This would create new dynamics between the European Convention on Human Rights and the Charter of the European Union. This problem could be resolved under the Treaty on the Functioning of the European Union (TFEU), should the European Union adhere to the European Convention on Human Rights.
Other regional human rights instruments will apply for states in other regions of the world, for instance the American Convention on Human Rights, with the Inter-American Commission and the Inter-American Court responsible for overseeing compliance with the Convention; the African Charter on Human and People’s Rights.
Human rights can all be considered fundamental because they all derive from the protection of human dignity. Depending on the issue at hand, some human rights are more indicative of a certain problem than others. For instance, to discover indications of whether a democracy is under threat, the extent of the right to freedom of expression and freedom of association will serve as important indicators. These will be compounded by other indicators, including discrimination of certain groups, censorship of the media, and the list goes on.
It is important for every politician in power, every policeman on the street, other civil servant and every judge and prosecutor to be aware of human rights and to resist the temptation to abuse legal rules to stifle criticism and take measures against opponents. In this respect, the role of independent judges is crucial as their role is not to protect the government against the citizens, but to protect the rights of citizens, which includes protecting them against any encroachment by the government. In this respect national constitutional courts or courts with equivalent jurisdiction, have a central role to play in the protection of human rights.
The XVIIIth Congress analysed the steps that are taken by constitutional courts or courts with equivalent jurisdiction, when a value (a right or a freedom) is protected by more than one source of law (usually a national constitution, the European Convention on Human Rights, the Charter of Fundamental Rights of the EU or other international multilateral treaties protecting human rights such as the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights) – where these courts are confronted with the possibility/obligation of using several catalogues of human rights.
This special issue of the e-Bulletin on Constitutional Case-Law contains judgments that have already appeared in regular editions of the e-Bulletin on Constitutional Case-Law, some of which have been reedited by the constitutional courts’ liaison officers for this publication. It also contains judgments that have not yet been published in the CODICES database but were considered to be relevant by the liaison officers. As with previous special e-Bulletins, this issue contains contributions from members of the CECC as well as those from all courts participating in the Joint Council on Constitutional Justice, including non-European members and observers of the Venice Commission.
The Venice Commission will continue its tradition of publishing the working documents for the CECC in a special issue of the e-Bulletin on Constitutional Case-Law in the collection of Special Bulletins on Leading Cases, as was done with the Bulletin on the “Role of Constitutional Courts in upholding and applying Constitutional Principles” requested by the Constitutional Court of Georgia for the XVIIth Congress of the CECC in Batumi on 28 June – 1st July 2017; the Bulletin on “Co-operation of Constitutional Courts in Europe – Current Situation and Perspectives”, requested by the Constitutional Court of Austria for the XVIth Congress of the CECC in Vienna on 12-14 May 2014; the Bulletin on “Constitutional Justice: functions and relationships with other public authorities", requested by the Constitutional Court of Romania for the XVth Conference on 23-27 May 2011; the document on “Problems of Legislative Omission in Constitutional Jurisprudence”, requested by the Constitutional Court of Lithuania for the XIVth Conference on 3-6 June 2008; the Bulletin on “The criteria for the Limitation of Human Rights in the practice of Constitutional Justice”, requested by the Supreme Court of Cyprus for the XIIIth Conference on 15-19 May 2005 and the Bulletin on “The relations between constitutional courts and other national courts”, including the interference in this area of the action of the European courts, requested by the Belgian Court of Arbitration for the XIIth Conference on 13-16 May 2002.
The Special e-Bulletin has been incorporated into the Venice Commission's database of constitutional case-law (www.CODICES.coe.int) which contains all the regular issues and special editions of the e-Bulletin on Constitutional Case-Law, full texts of decisions, constitutions and laws on the constitutional courts, comprising over 10 000 précis and full texts.
The Venice Commission hopes to have contributed to the success of the XVIIIth Congress of the CECC and more generally to the dissemination, knowledge and the development of constitutional case-law. It is particularly grateful to the liaison officers for their invaluable co-operation, which has made it possible for us to produce this Special Bulletin.
G. Buquicchio
President of the European Commission for Democracy through Law (Venice Commission)
August 2021
ARG-1997-3-008 a) Argentina / b) Supreme Court of Justice of the Nation / c) / d) 14.10.1997 / e) A.450.XXXII / f) Arce, Jorge Daniel s. recurso de casación /
Although Argentina’s Code of Criminal Procedure does not give the Attorney General’s Department the right to bring cassation proceedings against the judgments of criminal courts of first instance on the grounds of the severity of the sentence, the Code does not violate Article 8.2h of the American Convention on Human Rights nor infringe the right to equality before the law, established by the... Read more
1.2.1.7
Constitutional Justice - Types of claim - Claim by a public body - Public Prosecutor or Attorney-General.
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
2.1.3.2.3
Sources - Categories - Case-law - International case-law - Other international bodies.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
2.3.8
Sources - Techniques of review - Systematic interpretation.
3.21
General Principles - Equality.
4.7.4.3
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel.
4.7.6
Institutions - Judicial bodies - Relations with bodies of international jurisdiction.
5.1.1.5.2
Fundamental Rights - General questions - Entitlement to rights - Legal persons - Public law.
5.3.13.19
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
American Convention on Human Rights, purpose / American Court of Human Rights.
ARG-1998-2-006 a) Argentina / b) Supreme Court of Justice of the Nation / c) / d) 16.04.1998 / e) P.534.XXXI / f) Petric, Domagoj, Antonio c/ diario Página 12 /
The right of rectification or reply does not conflict with the principle of freedom of the press as enshrined in Articles 14 and 32 of the Constitution.
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
2.1.3.3
Sources - Categories - Case-law - Foreign case-law.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
3.12
General Principles - Clarity and precision of legal provisions.
3.17
General Principles - Weighing of interests.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.22
Fundamental Rights - Civil and political rights - Freedom of the written press.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Right of rectification / Right of reply / Human dignity.
ARG-1998-2-008 a) Argentina / b) Supreme Court of Justice of the Nation / c) / d) 12.05.1998 / e) G.288.XXXIII / f) Gallardo García, Ramón Carlos y otro s/ robo de automotor /
There must be no uncertainty as to the defence, so that the accused is able to benefit from the assistance of a lawyer, who is responsible for conducting an effective defence.
2.1.1.4.9
Sources - Categories - Written rules - International instruments - International Covenant on Economic, Social and Cultural Rights of 1966.
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.27
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
In forma pauperis appeal / Defence, effective.
ARG-1998-2-010 a) Argentina / b) Supreme Court of Justice of the Nation / c) / d) 13.08.1998 / e) C.1292.XXVIII / f) Cauchi, Augusto s/ extradición /
Argentinian international public policy, fortified by the principles set forth in the constitutional treaties on human rights, refuses to accept applications for the extradition of defendants who have been convicted in absentia in another State in cases where: a. the individuals prosecuted were not notified of the charges and had no opportunity to attend or to be publicly heard at the... Read more
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
2.1.3.2.3
Sources - Categories - Case-law - International case-law - Other international bodies.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.25
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the charges.
Extradition / Trial in absentia / International public order.
ARG-1999-1-001 a) Argentina / b) Supreme Court of Justice of the Nation / c) / d) 22.12.1998 / e) N.284.XXXII / f) Nápoli, Erika Elisabeth y otros s/ infracción art. 139 bis del C.P. /
The constitutional right to equality is infringed by the law that excludes accused persons from general rules on release solely on grounds of the nature of the offence with which they are charged and without taking into account the question of obstruction of the legal proceedings initiated.
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
2.1.3.2.3
Sources - Categories - Case-law - International case-law - Other international bodies.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
3.10
General Principles - Certainty of the law.
4.7.6
Institutions - Judicial bodies - Relations with bodies of international jurisdiction.
5.2
Fundamental Rights - Equality.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.5.1.4
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
Proceedings, punitive measure / Measure, protective / Bail, release.
ARG-2002-1-001 a) Argentina / b) Supreme Court of Justice of the Nation / c) / d) 27.09.2001 / e) A.671.XXXVII / f) Alianza "Frente para la Unidad" (elecciones provinciales gobernador y vicegobernador, diputados y senadores provinciales) s/ ofiliciación listas de candidatos /
Provisions barring persons detained under a warrant issued by the competent court from the register of electors until they have recovered their freedom are unconstitutional, as are provisions prohibiting remand prisoners from being elected as members of parliament or senators.
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
2.1.1.4.2
Sources - Categories - Written rules - International instruments - Universal Declaration of Human Rights of 1948.
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
2.1.1.4.10
Sources - Categories - Written rules - International instruments - Vienna Convention on the Law of Treaties of 1969.
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
2.1.3.2.3
Sources - Categories - Case-law - International case-law - Other international bodies.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
4.8.8.3
Institutions - Federalism, regionalism and local self-government - Distribution of powers - Supervision.
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
4.9.7.2
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Election, candidate, condition / Prisoner, remand, electoral rights / Good faith, principle.
ARM-2002-1-001 a) Armenia / b) Constitutional Court / c) / d) 22.02.2002 / e) DCC-350 / f) Conformityy of obligations stated in the Convention for the Protection of Human Rights and Fundamental Freedoms signed on 4 November 1950 at Rome, in the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms signed on 20 March 1952 at Paris, in Protocol no. 4 "On certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto, as amended Protocol no. 11", signed on 16 September 1963 at Strasbourg, and Protocol no. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed on 22 November 1984 with the Constitution of the Republic of Armenia /
The Constitution, providing for human rights and freedoms itself, does not restrict the right of individuals to also enjoy other rights and freedoms enshrined in international treaties on human rights.
A possible incompatibility of the provisions of the Constitution of Armenia with any international treaty supposes that the Constitution either directly excludes the right guaranteed by an... Read more
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
5.1
Fundamental Rights - General questions.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
Treaty, human rights, direct applicability / Pacta sunt servanda / Fundamental right, more favourable protection.
ARM-2003-2-004 a) Armenia / b) Constitutional Court / c) / d) 15.07.2003 / e) DCC-437 / f) Conformity with the Constitution of obligations provided by Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty /
The Constitution of Armenia permits the death penalty as a _"temporary_" and _"exclusive_" punishment and meanwhile leaves the issue of determination or non determination of death penalty for certain serious offenses to the discretion of the National Assembly.
The National Assembly thus has the power to abolish death penalty not only by appropriate amendments in the national legislation, but... Read more
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.4.1
Fundamental Rights - General questions - Limits and restrictions - Non-derogable rights.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Death penalty, abolition.
AUT-1987-C-001 a) Austria / b) Constitutional Court / c) / d) 14.10.1987 / e) B 267/86; B 2434/95; G 363-365/97, G 463,464/97 AUT-1995-1-001 a) Austria / b) Constitutional Court / c) / d) 30.11.1994 / e) G 91/93, V 46/93 / f) / AUT-1995-C-001 a) Austria / b) Constitutional Court / c) / d) 11.12.1995 / e) B 2300/95; G 400/96, G 44/97; B 877/96; G 2/97; G 57/98; B 3073/96, B 65/00 / f) / AUT-1996-1-002 a) Austria / b) Constitutional Court / c) / d) 11.12.1995 / e) B 2300/95 / f) / AUT-1996-1-003 a) Austria / b) Constitutional Court / c) / d) 12.12.1995 / e) V 136/94 / f) / AUT-1997-2-004 a) Austria / b) Constitutional Court / c) / d) 26.06.1997 / e) B 877/96 / f) / AUT-1997-2-005 a) Austria / b) Constitutional Court / c) / d) 26.06.1997 / e) B 3486/96 / f) / AUT-1998-1-002 a) Austria / b) Constitutional Court / c) / d) 05.12.1997 / e) G 23-26/97 / f) / AUT-2003-3-004 a) Austria / b) Constitutional Court / c) / d) 28.11.2003 / e) KR 1/00-33 / f) / AUT-2012-2-003 a) Austria / b) Constitutional Court / c) / d) 14.03.2012 / e) U 466/11-18, U 1836/11-13 / f) /
AZE-2005-1-001 a) Azerbaijan / b) Constitutional Court / c) / d) 25.01.2005 / e) 1/13/2005 / f) / AZE-2013-S-001 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 08.10.2013 / e) / f) Request by the Supreme Court / AZE-2019-S-001 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 24.04.2019 / e) / f) On the interpretation of Article 2.5 of the Civil Code /
BLR-2018-3-003 a) Belarus / b) Constitutional Court / c) BLR-2019-3-004 a) Belarus / b) Constitutional Court / c) BLR-2019-3-006 a) Belarus / b) Constitutional Court / c) BLR-2019-3-007 a) Belarus / b) Constitutional Court / c) BLR-2019-3-008 a) Belarus / b) Constitutional Court / c)
BEL-1993-2-029 a) Belgium / b) Court of Arbitration / c) / d) 15.07.1993 / e) 62/93 / f) / BEL-1998-2-007 a) Belgium / b) Court of Arbitration / c) / d) 15.07.1998 / e) 91/98 / f) / BEL-2006-1-002 a) Belgium / b) Court of Arbitration / c) / d) 22.03.2006 / e) 46/2006 / f) /
BIH-2003-3-002 a) Bosnia and Herzegovina / b) Constitutional Court / c) / d) 28.11.2003 / e) U 28/00 / f) / BIH-2006-1-003 a) Bosnia and Herzegovina / b) Constitutional Court / c) Plenary / d) 31.03.2006 / e) U-5/04 / f) / BIH-2006-2-005 a) Bosnia and Herzegovina / b) Constitutional Court / c) Plenary / d) 26.06.2006 / e) U-13/05 / f) / BIH-2009-3-003 a) Bosnia and Herzegovina / b) Constitutional Court / c) Plenary / d) 25.09.2009 / e) U 5/09 / f) / BIH-2019-3-006 a) Bosnia and Herzegovina / b) Constitutional Court / c) Plenary session / d) 04.10.2019 / e) U 7/19 / f) /
BRA-2010-2-010 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 29.03.2000 / e) 79785 / f) Appeal in Habeas Corpus / BRA-2018-2-007 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 25.05.2017 / e) Extraordinary Appeal with Interlocutory Motion 766.618 (ARE 766618) and Extraordinary Appeal 636.331 (RE 636331) / f) Antinomy between the Consumer Protection Code and the Warsaw Convention: international air transport /
BUL-2019-1-001 a) Bulgaria / b) Constitutional Court / c) / d) 27.03.2018 / e) 15/18 / f) / BUL-2019-1-002 a) Bulgaria / b) Constitutional Court / c) / d) 29.05.2018 / e) 10/18 / f) /
CRC-1995-A-001 a) Costa Rica / b) Supreme Court of Justice / c) / d) 09.05.1995 / e) 2313/95 / f) / CRC-2000-A-001 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 01.11.2000 / e) 9685/00 / f) Parrillo v. Italy / CRC-2004-A-001 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 08.09.2004 / e) 9992/04 / f) / CRC-2018-3-003 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 08.08.2018 / e) 12782/18 / f) /
CRO-2016-S-001 a) Croatia / b) Constitutional Court / c) / d) 04.02.2016 / e) U-III-3797/2015 / f) / CRO-2016-S-002 a) Croatia / b) Constitutional Court / c) / d) 08.11.2016 / e) U-III-2588/2016 / f) / CRO-2017-S-001 a) Croatia / b) Constitutional Court / c) / d) 21.11.2017 / e) U-III-361/2014 / f) / CRO-2018-S-001 a) Croatia / b) Constitutional Court / c) / d) 10.01.2018 / e) U-IIIBi-2349/2013 / f) / CRO-2018-S-002 a) Croatia / b) Constitutional Court / c) / d) 18.12.2018 / e) U-I-4504/2010 et al. / f) / CRO-2019-3-012 a) Croatia / b) Constitutional Court / c) / d) 05.02.2019 / e) U-I-2911/2017 / f) / CRO-2019-3-013 a) Croatia / b) Constitutional Court / c) / d) 03.04.2019 / e) U-IIIBi-1066/2015 / f) /
CZE-1999-1-002 a) Czech Republic / b) Constitutional Court / c) First Chamber / d) 26.01.1999 / e) I. US 508/98 / f) The right to be heard in the context of electoral disputes / CZE-2004-3-013 a) Czech Republic / b) Constitutional Court / c) First Chamber / d) 15.04.2003 / e) I.US 752/02 / f) Extradition for criminal prosecution / CZE-2006-2-006 a) Czech Republic / b) Constitutional Court / c) Plenary / d) 03.05.2006 / e) Pl. US 66/04 / f) / CZE-2006-2-008 a) Czech Republic / b) Constitutional Court / c) First Chamber / d) 13.07.2006 / e) I US 85/04 / f) / CZE-2008-1-004 a) Czech Republic / b) Constitutional Court / c) Plenary / d) 27.03.2008 / e) Pl. US 56/05 / f) Squeeze-out - petition to annul § 183i to 183n of the Commercial Code / CZE-2015-1-004 a) Czech Republic / b) Constitutional Court / c) Plenary / d) 26.02.2015 / e) III. ÚS 3808/14 / f) Passengers’ right to compensation for flight delays caused by a technical fault and a collision between a plane and a bird; the obligation to submit a preliminary question to the Court of Justice of the European Union /
DEN-1997-1-001 a) Denmark / b) Supreme Court / c) / d) 09.12.1996 / e) I 488/1995 / f) /
EST-1997-2-001 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 11.06.1997 / e) 3-4-1-1-97 / f) Control of constitutionality of the Regulations of the Police Service / EST-1998-2-004 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 27.05.1998 / e) 3-4-1-4-98 / f) Review of the constitutionality of the Rules for Issuing Estonian Seafarers’Certificates / EST-2007-3-004 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 26.09.2007 / e) 3-4-1-12-07 / f) Petition of the Tallinn Administrative Court of 9 May 2007 to review the constitutionality of Section 15.2.6 of the Value Added Tax Act / EST-2008-2-011 a) Estonia / b) Supreme Court / c) General Assembly EST-2009-2-007 a) Estonia / b) Supreme Court / c) EST-2012-3-005 a) Estonia / b) Supreme Court / c) EST-2019-3-002 a) Estonia / b) Supreme Court / c)
FRA-2004-2-004 a) France / b) Constitutional Council / c) / d) 10.06.2004 / e) 2004-496 DC / f) Law on confidence in the digital economy / FRA-2004-2-005 a) France / b) Constitutional Council / c) / d) 01.07.2004 / e) 2004-497 DC / f) Law on electronic communications and on audiovisual communication services / FRA-2004-3-010 a) France / b) Constitutional Council / c) / d) 19.11.2004 / e) 2004-505 DC / f) Treaty Establishing a Constitution for Europe / FRA-2010-2-001 a) France / b) Constitutional Council / c) / d) 12.05.2010 / e) 2010-605 DC / f) Law on opening-up of competition and regulation of the on-line gambling sector / FRA-2011-1-002 a) France / b) Constitutional Council / c) / d) 19.06.2008 / e) 2008-564 DC / f) Law on genetically modified organisms / FRA-2011-1-009 a) France / b) Constitutional Council / c) / d) 03.12.2009 / e) 2009-595 DC / f) Institutional Act concerning the application of Article 61-1 of the Constitution / FRA-2013-1-001 a) France / b) Constitutional Council / c) / d) 04.04.2013 / e) 2013-314P QPC / f) Mr Jeremy F. [Absence of appeal in case of extension of the effects of the European Arrest Warrant – preliminary question to the Court of Justice of the European Union] / FRA-2013-2-004 a) France / b) Constitutional Council / c) / d) 14.06.2013 / e) 2013-314 QPC / f) Mr Jeremy F. [Absence of remedy in the event of an extension of the effects of a European arrest warrant] / FRA-2017-2-010 a) France / b) Constitutional Council / c) / d) 31.07.2017 / e) 2017-749 DC / f) Comprehensive Economic and Trade Agreement between Canada, on the one part, and the European Union and its member states, on the other part / FRA-2018-2-011 a) France / b) Constitutional Council / c) / d) 12.06.2018 / e) 2018-765 DC / f) Law on Data Protection /
GEO-1999-1-001 a) Georgia / b) Constitutional Court / c) First Chamber / d) 15.07.1998 / e) 1/6-58, 60, 62, 67 / f) /
GER-1986-C-001 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 22.10.1986 / e) 2 BvR 197/83 / f) Solange II / GER-2004-3-009 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 14.10.2004 / e) 2 BvR 1481/04 / f) Görgülü / GER-2017-3-025 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 19.12.2017 / e) 2 BvR 424/17 / f) Detention Conditions in Romania / GER-2018-2-017 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 12.06.2018 / e) 2 BvR 1738/12, 2 BvR 1395/13, 2 BvR 1068/14, 2 BvR 646/15, ECLI:DE: BVerfG:2018:rs20180612.2bvr173812 / f) Prohibition of civil servants’ strike action / GER-2018-2-022 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 24.07.2018 / e) 2 BvR 309/15, 2 BvR 502/16; ECLI:DE:BVerfG:2018:rs20180724.2bvr030915 / f) Use of physical restraints in psychiatric hospitals / GER-2019-2-010 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 15.04.2019 / e) 2 BvQ 22/19 / f) Exclusion from voting rights in European elections / GER-2019-3-024 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 06.11.2019 / e) 1 BvR 276/17 / f) Right to Be Forgotten II (search engines) /
GRE-2006-2-002 a) Greece / b) Council of State / c) Division C / d) 09.01.2006 / e) 1/2006 / f) / GRE-2019-3-001 a) Greece / b) Council of State / c) Plenary / d) 01.03.2019 / e) 435/2019 / f) / GRE-2019-3-002 a) Greece / b) Council of State / c) Plenary / d) 20.09.2019 / e) 1749, 1750/2019 / f) / GRE-2019-3-003 a) Greece / b) Council of State / c) Plenary / d) 23.01.2020 / e) 110/2020 / f) / GRE-2019-3-004 a) Greece / b) Council of State / c) Plenary / d) 06.03.2020 / e) 359/2020 / f) /
HUN-2013-3-009 a) Hungary / b) Constitutional Court / c) / d) 05.12.2013 / e) 36/2013 / f) On the constitutional review of judicial case transfer / HUN-2018-3-005 a) Hungary / b) Constitutional Court / c) Plenary / d) 14.11.2018 / e) 21/2018. (XI. 14.) AB / f) On declaring an omission on the part of the law-maker stemming from its international obligations for failure to adopt a regulation that allows for appraisal of actual changes in the physical conditions of- and the amount of pension granted to a person with a reduced capacity to work before 1 January 2012 when his or her amount of allowance falls for re-consideration; on declaring a constitutional requirement stemming from Article Q.2 of the Constitution; the wording "unless the betterment of the conditions" of Section 33/A.1.a of Act no. CXCI of 2011 shall only be applied when the conditions of the person with a reduced capacity to work do not simply meet the requirements of the law but have actually improved; on rejecting a judicial initiative claiming that Section 12.1.a of Act no. CXCI of 2011 violated Article 1 Protocol 1 ECHR /
ITA-1999-3-009 a) Italy / b) Constitutional Court / c) / d) 13.10.1999 / e) 388/1999 / f) / ITA-2002-2-001 a) Italy / b) Constitutional Court / c) / d) 01.03.2002 / e) 85/2002 / f) / ITA-2006-3-003 a) Italy / b) Constitutional Court / c) / d) 13.12.2006 / e) 454/2006 / f) / ITA-2017-2-009 a) Italy / b) Constitutional Court / c) / d) 05.04.2017 / e) 111/2017 / f) / ITA-2018-1-003 a) Italy / b) Constitutional Court / c) / d) 07.11.2017 / e) 269/2017 / f) / ITA-2018-2-011 a) Italy / b) Constitutional Court / c) / d) 10.04.2018 / e) 115/2018 / f) / ITA-2019-1-006 a) Italy / b) Constitutional Court / c) / d) 23.01.2019 / e) 20/2019 / f) / ITA-2019-2-009 a) Italy / b) Constitutional Court / c) / d) 06.03.2019 / e) 117/2019 / f) /
LAT-1998-2-003 a) Latvia / b) Constitutional Court / c) / d) 30.04.1998 / e) 09-02-98 / f) Conformity of Paragraph 2 of the Resolution of the Supreme Council of 15 September 1992 on the Procedure by which the Law on Eminent Domain Takes Effect with Article 1 Protocol 1 of the Law of the Convention for the Protection of Human Rights and Fundamental Freedoms / LAT-2018-3-009 a) Latvia / b) Constitutional Court / c) / d) 18.12.2018 / e) 2016-04-03 / f) On the compliance of the Cabinet of Ministers Regulation of 14 April 2015 no. 187 entitled "Amendment to the Cabinet of Ministers Regulation of 30 November 2004 no. 1002 entitled ‘Procedure for Implementing the Programming Document entitled ‘Latvia’s Rural Development Plan for the Implementation of Rural Development Programme for 2004-2006"" with Article 105 of the Constitution /
LIE-2006-3-004 a) Liechtenstein / b) Constitutional Court / c) / d) 01.09.2006 / e) StGH 2005/89 / f) / LIE-2007-3-003 a) Liechtenstein / b) Constitutional Court / c) / d) 03.07.2007 / e) StGH 2006/111 / f) / LIE-2008-3-005 a) Liechtenstein / b) Constitutional Court / c) / d) 30.06.2008 / e) StGH 2006/94 / f) /
LTU-1995-1-001 a) Lithuania / b) Constitutional Court / c) / d) 24.01.1995 / e) 22/94 / f) European Convention on Human Rights / LTU-2012-2-009 a) Lithuania / b) Constitutional Court / c) / d) 05.09.2012 / e) 8/2012 / f) Prohibition for a person, who was removed from office under procedure for impeachment proceedings, to stand in elections for a Member of the Seimas /
MEX-2010-3-025 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 06.07.2007 / e) SUP-JDC-695/2007 / f) Challenges regarding interpretation according to the Constitution /
MDA-2011-2-001 a) Moldova / b) Constitutional Court / c) Plenary / d) 31.05.2011 / e) 11 / f) Constitutionality review of the phrase "with keeping the average wage (for employees paid piecework or per unit of time) from Article 111.1 of the Labour Code in the wording of Law no. 168 dated 9 July 2010 "For amending and supplementing the Labour Code of the Republic of Moldova" /
NED-2010-1-003 a) The Netherlands / b) Council of State / c) Third Chamber (appeal - Government Information (Public Access) Act) / d) 03.03.2010 / e) 200903769/1/H3 / f) X and others v. Minister of Defence /
NOR-1997-1-001 a) Norway / b) Supreme Court / c) Division / d) 10.04.1997 / e) lnr 24/1997 / f) / NOR-2001-1-003 a) Norway / b) Supreme Court / c) / d) 28.03.2001 / e) 2001/83 / f) / NOR-2005-3-004 a) Norway / b) Supreme Court / c) / d) 28.10.2005 / e) 2005/412 / f) / NOR-2015-1-001 a) Norway / b) Supreme Court / c) Plenary / d) 24.06.2014 / e) HR 2014-1323-A / f) /
PER-2011-3-002 a) Peru / b) Constitutional Court / c) Plenary / d) 19.07.2011 / e) 00032-2010-PI/TC / f) /
POL-2004-2-013 a) Poland / b) Constitutional Tribunal / c) / d) 21.04.2004 / e) K 33/03 / f) / POL-2004-3-021 a) Poland / b) Constitutional Tribunal / c) / d) 21.09.2004 / e) K 34/03 / f) / POL-2004-H-002 a) Poland / b) Constitutional Tribunal / c) / d) 21.04.2004 / e) K 33/03 / f) / POL-2005-1-006 a) Poland / b) Constitutional Tribunal / c) / d) 11.05.2005 / e) K 18/04 / f) /
POR-1990-C-001 a) Portugal / b) Constitutional Court / c) Second Chamber / d) 23.05.1990 / e) 163/90 / f) /
ROM-2000-1-004 a) Romania / b) Constitutional Court / c) / d) 20.07.1999 / e) 114/1999 / f) Decision on the constitutionality of the law approving emergency Order no. 36/1997 amending and supplementing the Education Act, no. 84/1995 / ROM-2000-1-009 a) Romania / b) Constitutional Court / c) / d) 29.11.1999 / e) 203/1999 / f) Decision on an objection of unconstitutionality concerning the provisions of Section 2.f of the Access to Personal Records and Disclosure of Membership of the Securitate as a Political Police Force Act / ROM-2001-1-001 a) Romania / b) Constitutional Court / c) / d) 25.10.2000 / e) 208/2000 / f) Decision on a charge of unconstitutionality brought in respect of Act no. 105/1997 (amended by Government Order no. 13/1999) for the resolution of objections, disputes and complaints concerning sums calculated and levied through inspection and assessment documents drawn up by agencies of the Ministry of Finance / ROM-2001-2-005 a) Romania / b) Constitutional Court / c) / d) 03.07.2001 / e) 226/2001 / f) Decision no. 226 of 3 July 2001 on the constitutionality of the provisions of Section 6.a of Act no. 188/1999 on the Civil Service Regulations, with later amendments and supplements / ROM-2018-1-001 a) Romania / b) Constitutional Court / c) / d) 18.01.2018 / e) 21/2018 / f) The exception of unconstitutionality of the provisions of Article 352.11 and 352.12 of the Criminal Procedure Code / ROM-2018-1-003 a) Romania / b) Constitutional Court / c) / d) 23.01.2018 / e) 33/2018 / f) The objection of unconstitutionality of the provisions amending and supplementing Law no. 304/2004 on the judicial organisation / ROM-2018-2-004 a) Romania / b) Constitutional Court / c) / d) 18.07.2018 / e) 534/2018 / f) Decision on the unconstitutionality of the provisions of Article 277.2 and 277.4 of the Civil Code / ROM-2019-3-002 a) Romania / b) Constitutional Court / c) / d) 24.09.2019 / e) 535/2019 / f) Objection of unconstitutionality of the provisions of Article 589 (1) b), first phrase, second sentence of the Criminal Procedure Code /
RUS-2010-1-001 a) Russia / b) Constitutional Court / c) / d) 26.02.2010 / e) 4 / f) / RUS-2016-1-002 a) Russia / b) Constitutional Court / c) / d) 19.04.2016 / e) 12 / f) /
SVK-1995-2-004 a) Slovakia / b) Constitutional Court / c) Plenary / d) 24.05.1995 / e) PL. ÚS 16/95 / f) Case of unconstitutional restriction on property rights under an Act of the Parliament / SVK-1997-2-003 a) Slovakia / b) Constitutional Court / c) Panel / d) 12.05.1997 / e) II. ÚS 28/96 / f) Petition from a natural person / SVK-2001-2-003 a) Slovakia / b) Constitutional Court / c) Panel / d) 12.07.2001 / e) ES 3/01 / f) / SVK-2001-3-005 a) Slovakia / b) Constitutional Court / c) Panel / d) 19.12.2001 / e) I. ÚS 49/01 / f) / SVK-2006-2-002 a) Slovakia / b) Constitutional Court / c) Senate / d) 17.05.2006 / e) III. ÚS 84/06 / f) / SVK-2008-2-001 a) Slovakia / b) Constitutional Court / c) Senate / d) 26.06.2008 / e) II. ÚS 111/08 / f) /
SLO-1997-2-008 a) Slovenia / b) Constitutional Court / c) / d) 05.06.1997 / e) Rm-1/97 / f) / SLO-2005-3-003 a) Slovenia / b) Constitutional Court / c) / d) 22.09.2005 / e) U-I-65/05 / f) / SLO-2013-3-006 a) Slovenia / b) Constitutional Court / c) / d) 11.04.2013 / e) U-I-40/12 / f) / SLO-2014-1-004 a) Slovenia / b) Constitutional Court / c) / d) 21.11.2013 / e) Up-1056/11 / f) / SLO-2014-3-012 a) Slovenia / b) Constitutional Court / c) / d) 14.11.2013 / e) U-I-146/12 / f) / SLO-2014-3-013 a) Slovenia / b) Constitutional Court / c) / d) 18.12.2013 / e) U-I-155/11 / f) /
RSA-2012-2-009 a) South Africa / b) Constitutional Court / c) / d) 27.07.2012 / e) CCT 110/11; CCT 126/11; [2012] ZACC 16 / f) Minister of Home Affairs and Others v. Tsebe and Others, Minister of Justice and Constitutional Development and Another v. Tsebe and Others / RSA-2014-3-014 a) South Africa / b) Constitutional Court / c) / d) 30.10.2014 / e) CCT 02/14 / f) National Commissioner of the South African Police Service v. Southern African Human Rights Litigation Centre and Another /
ESP-1995-3-026 a) Spain / b) Constitutional Court / c) Second Chamber / d) 11.09.1995 / e) 130/1995 / f) / ESP-2012-2-005 a) Spain / b) Constitutional Court / c) First Chamber / d) 02.07.2012 / e) 145/2012 / f) Sortu /
SWE-2014-3-002 a) Sweden / b) Supreme Administrative Court / c) / d) 29.10.2013 / e) 658-660-13 / f) / SWE-2016-3-002 a) Sweden / b) Supreme Administrative Court / c) / d) 26.05.2016 / e) 4047-15 / f) / SWE-2018-2-002 a) Sweden / b) Supreme Administrative Court / c) / d) 18.06.2018 / e) 1048-17 / f) / SWE-2019-3-004 a) Sweden / b) Supreme Administrative Court / c) / d) 09.10.2019 / e) 1266-18 / f) /
SUI-1989-C-001 a) Switzerland / b) Federal Court / c) First Public Law Chamber / d) 22.03.1989 / e) 1P.76/1989 / f) Jean and Barkev Magharian v. Prosecutor of the Sopraceneri Court and 2s Division of the Ticino Cantonal Appeal Court / SUI-1991-C-002 a) Switzerland / b) Federal Court / c) Second Public Law Chamber / d) 15.11.1991 / e) 2A.120/1991 / f) Federal tax authorities v. heirs of X and Administrative Court of the Canton of Lucerne / SUI-1994-3-011 a) Switzerland / b) Federal Court / c) Federal Insurance Court / d) 24.03.1994 / e) I 336/93 / f) S. against Ausgleichskasse der Schweizer Maschinenindustrie / SUI-1996-2-005 a) Switzerland / b) Federal Court / c) First public law Chamber / d) 16.04.1996 / e) 1A.38/1996 / f) Federal police department v. company S. and the Indictments Chamber of the Canton of Geneva / SUI-1999-2-006 a) Switzerland / b) Federal Court / c) First Public Law Chamber / d) 26.07.1999 / e) 1A.178/1998, 1A.208/1998 / f) A. v. Federal Prosecutor, Federal Department of Justice and Police and Federal Council / SUI-1999-C-001 a) Switzerland / b) Federal Court / c) Second Civil Chamber / d) 23.03.1999 / e) 5P.30/1999 / f) X. v. Zug Register Office and the Canton of Zug Internal Affairs Department and Administrative Court / SUI-2013-1-002 a) Switzerland / b) Federal Court / c) Second Public Law Chamber / d) 12.10.2012 / e) 2C828/2011 / f) X v. Migration Service and Department of Justice and Security of the Canton of Thurgau /
MKD-2005-1-002 a) The former Yugoslav Republic of Macedonia / b) Constitutional Court / c) / d) 16.02.2005 / e) U.br.2/2004 / f) /
UKR-2016-2-004 a) Ukraine / b) Constitutional Court / c) / d) 01.06.2016 / e) 2-rp/2016 / f) Conformity with the Constitution of the provision of the third sentence of Article 13.1 of the Law "On Psychiatric Care" (case on judicial control over hospitalisation of disabled persons to psychiatric institution) /
GBR-2001-1-007 a) United Kingdom / b) House of Lords / c) / d) 23.05.2001 / e) [2001] UKHL 26 / f) R. v. Secretary of State for the Home Department, ex parte Daly / GBR-2005-3-004 a) United Kingdom / b) House of Lords / c) / d) 08.12.2005 / e) / f) A v. Secretary of State for the Home Department / GBR-2006-1-005 a) United Kingdom / b) House of Lords / c) / d) 08.03.2006 / e) / f) Leeds City Council v. Price and others / GBR-2008-1-001 a) United Kingdom / b) House of Lords / c) / d) 12.03.2008 / e) [2008] UKHL 15, [2008] 2 W.L.R. 781 / f) Regina (Animal Defenders International) v. Secretary of State for Culture, Media and Sport / GBR-2014-2-003 a) United Kingdom / b) Supreme Court / c) / d) 13.07.2011 / e) [2011] UKSC 35, 2011 WL 2649407 / f) Home Office v. Tariq / GBR-2020-3-004 a) United Kingdom / b) Supreme Court / c) / d) 12.02.2020 / e) / f) R (on the application of Jalloh (formerly Jollah)) v. Secretary of State for the Home Department / GBR-2020-3-005 a) United Kingdom / b) Supreme Court / c) / d) 25.03.2020 / e) / f) Elgizouli v. Secretary of State for the Home Department /
USA-2006-2-004 a) United States of America / b) Supreme Court / c) / d) 28.06.2006 / e) 04-10566, 05-51 / f) Sanchez-Llamas v. Oregon /
Ed. 13.08.2021 10:55:34
In Austria fundamental rights guaranteed by the European Convention on Human Rights (hereafter the Convention) are regarded as individual rights and rank as constitutional law. The courts are at liberty, within the limits of their jurisdiction, to base their decisions on provisions of the Convention. This is a frequent practice. For example, in the field of criminal law, the fundamental right to... Read more
1.1.4.4
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
3.19
General Principles - Margin of appreciation.
Fundamental rights / Interpretation.
The Constitutional Court deals with the non-conformity of treaties with individuals' rights to make an application when they consider that their rights have been directly infringed by the unconstitutionality (treaties having the force of law) or by the illegality (all other treaties) of such treaties.
The case-law of the Constitutional Court relating to the admissibility of a direct appeal... Read more
1.2.2.3
Constitutional Justice - Types of claim - Claim by a private body or individual - Profit-making corporate body.
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
1.4.4
Constitutional Justice - Procedure - Exhaustion of remedies.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
3.9
General Principles - Rule of law.
3.26
General Principles - Fundamental principles of the Internal Market.
Transit of good by road and by rail.
The organs of the EU member states, and consequently all courts and administrative authorities, are required to apply Community law. They are also under an obligation not to apply domestic law which is contrary to Community law in force. Furthermore, it is for the ordinary courts, the Constitutional Court and the Administrative Court, in their respective spheres of jurisdiction, to enforce... Read more
1.3.4.14
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
2.2.1.6.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
Constitutional Court, CJEU, relations / CJEU, referral of a preliminary question / CJEU, Court of Justice of the European Communities, sole jurisdiction.
The Court of Justice of the European Communities is the "lawful judge" ("gesetzlicher Richter") - with the extensive connotation of due process given to the term in the established case-law of the Constitutional Court.
An independent administrative tribunal which delivers a final ruling is a tribunal, and as such must submit any preliminary question to the Community... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Contract, award / Preliminary ruling, referral.
By virtue of the principle that domestic law is to be interpreted in accordance with Community Directives, the (national) Regulation on mineral water (Mineralwasserverordnung) is inapplicable in so far as it prescribes the sole use of glass bottles for distributing natural mineral water.
1.3.5.10
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
3.26
General Principles - Fundamental principles of the Internal Market.
Water, natural mineral, container / Regulation, scope.
The proof required by law, in the case of a school-leaving certificate (baccalaureate) obtained abroad, i.e. proof that the person concerned meets the conditions for application of the rule respectively imposed in that state for admission to university education, is also for Austrian citizens, from the point of view of the principle of equal treatment, a rule consistent with the... Read more
1.1.4.4
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts.
1.3.5.13
Constitutional Justice - Jurisdiction - The subject of review - Administrative acts.
2.2.1.6.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and domestic non-constitutional legal instruments.
3.26
General Principles - Fundamental principles of the Internal Market.
4.17.1.5
Institutions - European Union - Institutional structure - Court of Justice of the European Union.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Discrimination, indirect / University, admission / University, admission, baccalaureate / CJEU, preliminary application, obligation / CJEU, obligation / Quota.
When giving a decision on applications to enact a provisional measure which were submitted to the Federal Adjudication Department (Bundesvergabeamt), it is very important to ascertain how the rules which determine the guidelines on remedies (Rechtsmittelrichtlinie) should be interpreted, i.e. whether these provisions call for a separation between adjudication and conclusion of the... Read more
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Contract, award, Community law / Contract, award, federal department / Eco-point system / Damages / CJEU preliminary decision.
A provision which is actually applied by an administrative authority issuing an administrative decree must also be applied by the Constitutional Court examining whether the provision was legally applied and irrespective of the question whether the administrative authority had applied not the (national) provision but rather directly applicable Community law.
According to the clear... Read more
1.2.4
Constitutional Justice - Types of claim - Initiation ex officio by the body of constitutional jurisdiction.
1.6.9
Constitutional Justice - Effects - Consequences for other cases.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.2.1.6.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
4.10.7.1
Institutions - Public finances - Taxation - Principles.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.3.42
Fundamental Rights - Civil and political rights - Rights in respect of taxation.
Community law, directly applicable / Law, national, application.
The Court of Audit (Rechnungshof) has the power to inspect all documents concerning salaries and pensions paid by the Austrian Broadcasting Corporation (Österreichischer Rundfunk, ORF) in the years 1998 and 1999 for audit purposes. The ORF must allow this inspection.
The Rechnungshof is not allowed to exercise this supervision for the purpose of preparing a widely... Read more
2.2.1.6.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.10.6
Institutions - Public finances - Auditing bodies.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Court of Audit, competences / Officer, salary, data, publication.
The Charter of Fundamental Rights of the European Union sets a standard for judicial review by the Constitutional Court even though primary and secondary sources of European Union law do not.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
2.2.3
Sources - Hierarchy - Hierarchy between sources of EU Law.
Fundamental rights, hierarchy / European Union, Charter of Fundamental Rights.
The recognition of a decision of the Supreme Court or a judicial act as one violating the right of access to court contrary to the Constitution and laws constitutes one of the grounds for revision of judicial acts on new circumstances relating to the violation of human rights and freedoms. According to the amendments and additions introduced into procedural law by legislation, the Plenum of the... Read more
1.6.6.1
Constitutional Justice - Effects - Execution - Body responsible for supervising execution.
1.6.9
Constitutional Justice - Effects - Consequences for other cases.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
4.7.2
Institutions - Judicial bodies - Procedure.
4.7.7
Institutions - Judicial bodies - Supreme court.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Remedy, violation, constitutional right / Proceedings, reopening, ground.
A clash had arisen between legislative provisions that governed the right by former members of the owner’s family to use a living space, when relations between them have terminated.
4.7.7
Institutions - Judicial bodies - Supreme court.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.38.2
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Civil law.
5.4.13
Fundamental Rights - Economic, social and cultural rights - Right to housing.
Living space, right of use.
Compulsory state insurance and the issues surrounding it fall into the sphere of public legal relations. Therefore, under the Civil Code, the resolution by administrative courts of disputes arising in connection with contributions to compulsory state insurance is excluded. However, the legislator did not completely exclude the application of civil law; this could only be done explicitly in the... Read more
2.2.2.1.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution - Hierarchy attributed to rights and freedoms.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
State social insurance contributions / Property relations / Civil Code, application.
In order to comply with the constitutional principles of the rule of law and legal certainty, the legislator, when improving legal regulation, should take into account that the legal rules contained in treaties ratified by the Republic of Belarus are an integral part of the system of law that is in effect in the territory of the Republic.
2.2.1.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
Treaty, international / Treaty, compatibility / Treaty, effect in domestic law.
The legal regulation of public relations, along with acts of domestic law such as the Constitution, laws, decrees and edicts of the President, should include international treaties; these form part of the national legal system alongside domestic legislation.
2.2.1.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
Postal communication, regulation.
When activities are carried out within territories affected by radioactive contamination, account must not only be taken of the national legislation but also of international treaties, acts that comprise the law of the Eurasian Economic Union, including relevant technical regulations, and other international legal instruments in the field of radiation safety.
2.2.1.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Contamination, radioactive, affected areas.
Questions had arisen over the constitutionality of a provision of the Marriage and Family Code to the effect that parental rights may be terminated in circumstances where the parents have been found to be neglecting their parental duties, where other measures have not succeeded in coercing them to perform their parental duties properly, where the family connection between the parents and their... Read more
3.5
General Principles - Social State.
3.10
General Principles - Certainty of the law.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Child, best interest / Parental duties, avoidance.
When foreigners are detained in detention centres, prior to their expulsion or removal to a foreign state, account must not only be taken of national legislation, but also of its treaties, including bilateral conventions and agreements, as these are included in the system of legal regulation in force in the Republic of Belarus. Account should also be taken of the priority of international rules... Read more
2.2.1.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
Detention, foreigner, pending deportation.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
3.16
General Principles - Proportionality.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
It is contrary to the principles of equality and non-discrimination established in Articles 10 and 11 of the Constitution to limit the number of foreign students considered for funding to a maximum 2% of the total number of students in a given higher art education establishment and to impose an additional enrolment fee on foreign students wishing to attend a category of special schools renowned... Read more
1.5.4.5
Constitutional Justice - Decisions - Types - Suspension.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
3.20
General Principles - Reasonableness.
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Enrolment fee / National of European Union member state / Teaching, art / Student, foreign.
The European Union member states form a community which has a specific legal order and which has established a citizenship of its own characterised by a number of rights and obligations. A difference of treatment founded on membership of this community, whereby nationals of a member state of the community are given advantages on the basis of reciprocity, is based on an objective criterion.
In... Read more
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
3.16
General Principles - Proportionality.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Foreigner, freedom of movement / Foreigner, residence, illegal / EU, citizen, status / Foreigner, family reunion / EU, nationals of other member states, rights / Foreigner, marriage, to other foreigner lawfully residing in the territory.
The state cannot be exonerated from responsibility for damage caused to individuals by the implementation of international agreements to which it is a party.
According to the Constitution, the rights and freedoms set forth in the European Convention on Human Rights shall apply directly in Bosnia and Herzegovina and shall have priority over all other laws. Consequently, the rights and laws... Read more
2.1.1.1.2
Sources - Categories - Written rules - National rules - Quasi-constitutional enactments.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
4.7.1.1
Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
United Nations, peace-keeping force, immunity from jurisdiction / Treaty, international, direct applicability / Real estate, damage.
The Constitutional Court is not competent to decide upon the conformity of certain provisions of the Constitution of Bosnia and Herzegovina with the European Convention on Human Rights and its Protocols.
1.2.1.1
Constitutional Justice - Types of claim - Claim by a public body - Head of State.
1.3.5.3
Constitutional Justice - Jurisdiction - The subject of review - Constitution.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
5.1.1.1
Fundamental Rights - General questions - Entitlement to rights - Nationals.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.2.2.3
Fundamental Rights - Equality - Criteria of distinction - Ethnic origin.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Discrimination, national / Election, candidacy, restriction.
It is not within the Constitutional Court's jurisdiction to review the conformity of constitutional provisions with the European Convention on Human Rights. Consequently it has no jurisdiction to review provisions in other legislation which derive in full from the Constitution.
1.3.5.3
Constitutional Justice - Jurisdiction - The subject of review - Constitution.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.7
Sources - Categories - Written rules - International instruments - International Convention on the Elimination of all Forms of Racial Discrimination of 1965.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
4.4.4.3
Institutions - Head of State - Appointment - Direct/indirect election.
4.9.5
Institutions - Elections and instruments of direct democracy - Eligibility.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.2.2.3
Fundamental Rights - Equality - Criteria of distinction - Ethnic origin.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Election, ineligibility, discrimination, ethnic.
Article III.3.b of the Constitution is contravened in cases where the domestic law is not in conformity with the general rule of international law pacta sunt servanda according to which every treaty in force is binding upon the parties to it and must be performed by them in good faith. The above Article will also be breached where it is not in conformity with the provisions of... Read more
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
International law, domestic law, relationship / Pacta sunt servanda, principle / Treaty, effect in domestic law.
A provision of the Constitution of Republika Srpska, which exceptionally prescribes the death sentence for the most serious crimes, is out of line with the Constitution of Bosnia and Herzegovina and the ECHR on the prohibition of the death penalty in all circumstances.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
Death penalty, abolition.
Within the Brazilian constitutional order, treaties do not supersede the Constitution.
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
2.2.1
Sources - Hierarchy - Hierarchy as between national and non-national sources.
5.3.13.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
Human rights treaties, states / Right to appeal, constitutional states.
In accordance with Article 178 of the Federal Constitution, international rules and treaties limiting the liability of air carriers of passengers, especially the Warsaw and Montreal Conventions, prevail over the Consumer Protection Code.
The limitation period for filing a civil liability claim for international flight delays is two years from the date of arrival, or the day on which the aircraft... Read more
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
2.3
Sources - Techniques of review.
5.4.7
Fundamental Rights - Economic, social and cultural rights - Consumer protection.
Compensation for damage, limitation / Consumer protection, international treaty, conflict / Rule, conflict of laws / Transport, international, civil liability / Transport, passenger, private / Treaty, international, law, conflict / Victim, damage, fair compensation / Warsaw Convention of 1929.
The admission into evidence of official documents which were drafted by institutions for the purposes of financial audit and control in criminal proceedings did not violate the adversarial principle. These documents were not given higher evidential force than the other criminal evidence. The general rules of evidence apply.
Specialised justice is explicitly provided for by the Constitution.... 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.
5.3.13.20
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle.
Specialised courts.
Upholding the authority and public perception of the public services are legitimate legislative goals but they are not achieved by mandatory suspension of a public officer from service for an unlimited period of time. Such a measure is disproportionate.
3.16
General Principles - Proportionality.
5.2.2.9
Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Institution, public image / Public office, suspension.
Human rights treaties and other instruments do not derive their special source of authority within the Costa Rican legal order from Article 7 of the Constitution but from Article 48 of the Constitution.
The binding force of the Inter-American Court opinion is rooted in the authority of the Court to interpret the Inter-American Convention. This includes its authority to determine the... Read more
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
2.1.3.2.3
Sources - Categories - Case-law - International case-law - Other international bodies.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
2.2.2.1.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution - Hierarchy attributed to rights and freedoms.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
4.6
Institutions - Executive bodies.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Inter-American Court, decision / Journalist, non-affiliated, profession, exclusion.
The Rome Statute of the International Criminal Court contains provisions that authorise the arrest and surrender of nationals, and life imprisonment or the death penalty.
A priori, these legal actions are contrary to the Costa Rican Constitution that provides:
- The right of the national against being expelled from the country.
- The right of the high level government officials to enjoy... Read more
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.17
Sources - Categories - Written rules - International instruments - Statute of the International Criminal Court of 1998.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
4.4.6.1.1.1
Institutions - Head of State - Status - Liability - Legal liability - Immunity.
4.4.6.1.1.3
Institutions - Head of State - Status - Liability - Legal liability - Criminal liability.
4.6.10.1
Institutions - Executive bodies - Liability - Legal liability.
4.6.10.1.3
Institutions - Executive bodies - Liability - Legal liability - Criminal liability.
4.7.6
Institutions - Judicial bodies - Relations with bodies of international jurisdiction.
4.7.12
Institutions - Judicial bodies - Special courts.
5.1.1.1
Fundamental Rights - General questions - Entitlement to rights - Nationals.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Soft law, domestic rule of law / Government official, immunity / Government official, extradition / National, extradition / International Criminal Court, Rome Statute, ratification / international law, constitutional rank.
Peace is a governing constitutional value that emerges from a systematic understanding of the language of the Constitution and also in the way it is observed by society as a "living constitution". In 1949, Costa Rica abolished its army and in 1983 issued a unilateral declaration to observe permanent, active, and unarmed neutrality in all conflicts. Along with the signing of other international... Read more
1.2.1.8
Constitutional Justice - Types of claim - Claim by a public body - Ombudsman.
1.2.2.1
Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person.
1.4.9.1
Constitutional Justice - Procedure - Parties -
2.1.1.4.1
Sources - Categories - Written rules - International instruments - United Nations Charter of 1945.
2.1.1.4.10
Sources - Categories - Written rules - International instruments - Vienna Convention on the Law of Treaties of 1969.
2.1.2.2
Sources - Categories - Unwritten rules - General principles of law.
4.4.3.5
Institutions - Head of State - Powers - International relations.
4.4.6.1.2
Institutions - Head of State - Status - Liability - Political responsibility.
4.11.1
Institutions - Armed forces, police forces and secret services - Armed forces.
5.5.3
Fundamental Rights - Collective rights - Right to peace.
Armed conflict, abstention / Constitution, living / Neutrality, active / Neutrality, unarmed / Neutrality, unilateral declaration / Neutrality, permanent / Peace, constitutional value / Peace, obligation, international / War, declaration.
Discrimination based on sexual orientation or on gender identity is contrary to the Political Constitution, American Convention of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and other international instruments.
Religious and civil institutions of marriage encompass two distinct fields of free expression of an individual’s personality. The first is spiritual... Read more
1.6.5.5
Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect.
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
4.7.6
Institutions - Judicial bodies - Relations with bodies of international jurisdiction.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.34
Fundamental Rights - Civil and political rights - Right to marriage.
5.3.43
Fundamental Rights - Civil and political rights - Right to self fulfilment.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
International obligations, same-sex marriage / Unconstitutional state of affairs, legislation, exhortation.
Thorough assessments must be made of any deprivation of freedom, to allow persons deprived of freedom to enjoy effective procedural protection against arbitrary confinement.
Proceedings resulting in the involuntary confinement of an individual in a psychiatric institution must provide clear and effective guarantees against arbitrariness due to the vulnerability of persons suffering from mental... Read more
5.1.1.4.2
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.
5.3.5.1.2
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
Internment, psychiatric, duration / Internment, psychiatric, expert medical opinion, new, necessity / Internment, psychiatric, judicial review.
Freedom of opinion and expression, including the freedom to receive and disseminate information, does not mean absolute freedom; it is subject to restrictions prescribed by the Constitution and the law. Freedom of expression entails obligations and responsibilities. Behaviour consisting of expressing or inciting racial or other hatred is sanctioned in order to protect the dignity of others and... Read more
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Sport competition, disorder, incitement of hatred / Misdemeanour, sanction.
A University faculty which refused to issue one of its former students with a new diploma containing new data on her sex and her name, when she had already managed to have this data altered in the register of births and had obtained a new personal identity card and certificate of citizenship, acted in breach of her right to a fair trial in connection with the right to respect for personal life.
3.9
General Principles - Rule of law.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.10
General Principles - Certainty of the law.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Formalism, excessive / Diploma, change of data, name and sex / Sex, change, confidentiality / Transgender.
Independence of investigation means that those conducting an investigation must be independent from those who participated in the events under investigation. Apart from there being no hierarchical or institutional connection, there must also be true independence.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Torture, police interrogation / Investigation, criminal / Investigation, effective, requirement.
The free choice of religious education in preschool education institutions and the free choice to attend the teaching of religion as an optional subject in elementary and secondary schools do not contravene the constitutional principle of the separation of religious communities from the state.
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
Education, religion, school subject, optional / Education, religion, kindergarten, free choice / Separation, Church, State, principle.
The primary purpose of the guarantee of the right to appeal under Article 18 of the Constitution is to provide protection against unfair treatment in the form of arbitrary actions or gross violations, irrespective of the reasons for their occurrence. Given the fact related to constitutional law that judicial power, based on the constitutional principle of the independence and autonomy of judicial... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.2.1.6.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions.
2.2.1.6.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions.
5.3.13.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Appeal, competent court / Appeal, time limit for a court decision / Public procurement, legislative model / Damage, compensation, public procurement.
The fact that the investigation of the criminal offence of war crime has not resulted in any findings as to the identity of the perpetrators and their conviction does not mean in itself that the investigation was not effective.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2
Sources - Categories - Case-law - International case-law.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
Positive obligation, investigation / Investigation, criminal / Investigation, effective, requirement / War crime.
In view of the fact that the Civil Procedure Code deprives courts, in proceedings on electoral complaints in local elections, of the power to hold an oral hearing, the court is obliged to decide itself on the conduct of the proceedings and can decide without the participation of the parties. Naturally, it could even go beyond the bounds set by statute and decide on the basis of Article 6.1 ECHR... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
3.17
General Principles - Weighing of interests.
4.9.9
Institutions - Elections and instruments of direct democracy - Voting procedures.
4.9.15
Institutions - Elections and instruments of direct democracy - Post-electoral procedures.
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.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
Treaty on human rights, direct applicability / Election, unfair.
The precedence of obligations resulting from conventions on the protection of human rights in the case of a conflict of obligations arising from international treaties results first and foremost from the content of these conventions in relation to the Constitution, according to which the Czech Republic is a law-based State. Respect for and protection of fundamental rights is a defining attribute... Read more
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
Extradition, torture / Extradition, information about receiving state / Obligation, international, conflict / Treaty, human rights, primacy.
Under Article 1.2 of the Constitution, read in conjunction with the principle of cooperation enshrined in Article 10 of the EC Treaty, domestic legal enactments, including the Constitution, must be interpreted in conformity with the principles of European integration and the cooperation between Community and Member State organs. Where there are several possible interpretations of the... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
2.3.6
Sources - Techniques of review - Historical interpretation.
3.9
General Principles - Rule of law.
5.3.8
Fundamental Rights - Civil and political rights - Right to citizenship or nationality.
Extradition / European Arrest Warrant / Criminal prosecution / Community law, interpretation, uniform / EU, membes states, mutual trust.
The Constitutional Court has stated in a previous plenary judgment that a claim for compensation for immaterial harm is a component of compensation for damage, which is defined in the Civil Code. It concluded that the current legal concept of damage as material harm does not allow for such an interpretation. Individuals may still seek compensation for immaterial harm consisting of encroachment... Read more
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
4.7.16.1
Institutions - Judicial bodies - Liability - Liability of the State.
5.3.14
Fundamental Rights - Civil and political rights -
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Damage, immaterial, compensation / Damage, compensation, scope / State, liability, pecuniary.
Under Articles 87.1.a and 88.2 of the Constitution, the reference point for review of the constitutionality of statutes is the constitutional order. Article 1.2 of the Constitution also establishes the obligation of the Constitutional Court, as a state body of the Czech Republic, to interpret the constitutional order consistently with European law in relation to domestic law in areas where... Read more
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
5.2
Fundamental Rights - Equality.
5.3.39.1
Fundamental Rights - Civil and political rights - Right to property - Expropriation.
Company, shareholder, rights / Company, share, offer to buy, obligatory / Company, buy out, forced.
In applying European law, a Czech court (decisions cannot be contested through further legal remedies) violates the right to a lawful judge when it arbitrarily fails to submit a preliminary question to the European Court of Justice, an omission that conflicts with the principle of a state governed by the rule of law (Article 1.1 of the Constitution). The inaction can also be considered an act of... Read more
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Court of Justice of the European Union, preliminary question, referral, obligation / Delay, undue, compensation / Preliminary question, condition.
Since the interference with their freedom of expressi on was not necessary in a democratic society for the protection of the reputation or rights of others, the Supreme Court acquitted a journalist and an editor responsible under the press from a criminal charge.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.22
Fundamental Rights - Civil and political rights - Freedom of the written press.
Conviction, criminal.
According to Article 3 of the Constitution, the powers of state shall be exercised solely pursuant to the Constitution and laws which are in conformity therewith. Respectively, under Article 11 of the Constitution, rights and freedoms may be restricted only in accordance with the Constitution, i.e. by laws, and such restrictions must be necessary in a democratic society and shall not distort the... Read more
2.2.1
Sources - Hierarchy - Hierarchy as between national and non-national sources.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
3.9
General Principles - Rule of law.
3.13
General Principles - Legality.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
Sanction, disciplinary / Public order / Constitutional review, proceeding, limits.
A regulation of the Government issued without delegation of the regulatory power in a law contradicts Article 87.6 of the Constitution.
The unequal treatment of seafarers who are Estonian citizens vis-à-vis foreign citizens, based on the Identification and Proof of Citizenship of Estonian Citizens Act and Rules for Issuing Estonian Seafarers’Certificates, does not comply with the... Read more
1.6.2
Constitutional Justice - Effects - Determination of effects by the court.
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.2.1.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments.
2.2.2
Sources - Hierarchy - Hierarchy as between national sources.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Regulation / Foreigner / Seafarers / Identity document / ILO, Convention no. 108 / Place of work, right to choose / Seafarers, certificate.
The concept of substantial equality means equal treatment for equals and unequal treatment for unequals. However, not all instances of unequal treatment of equals amount to violations of the right to equality. The prohibition on unequal treatment for equals comes into play where a group of persons or a situation is treated unequally on an arbitrary basis. Unequal treatment may be deemed arbitrary... Read more
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
3.22
General Principles - Prohibition of arbitrariness.
4.10.7.1
Institutions - Public finances - Taxation - Principles.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.3.42
Fundamental Rights - Civil and political rights - Rights in respect of taxation.
Equal treatment, unequal situations / Public finance, sales tax / Tax, rate / Tax, assessment, objection / Tax, burden, equality / Tax, value added, equality.
As a rule, the Supreme Court is not competent to review the constitutionality of a provision of an Estonian act of general application relating to EU law, or to declare the provision invalid if the provision is in conformity with the EU law which serves as the basis thereof. In such a situation, the Supreme Court would, in essence, through the provision of an Estonian legal act, review the... Read more
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
1.3.1
Constitutional Justice - Jurisdiction - Scope of review.
1.3.4.11
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of constitutional revision.
1.3.4.14
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states.
1.3.5.2.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation.
1.3.5.12
Constitutional Justice - Jurisdiction - The subject of review - Court decisions.
2.2.1.6.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions.
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
4.7.1.1
Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction.
4.7.1.3
Institutions - Judicial bodies - Jurisdiction - Conflicts of jurisdiction.
Tender, public, conditions / Public procurement / Community law, application by Member States.
The settling of disputes in the protest committee of the Public Procurement Office, which is an executive body, is not unconstitutional in itself, but the exclusion of administrative courts from the adjudication of such disputes does not meet the principle pursuant to which all court cases start in the courts of first instance, and restricts the constitutional competence of the judicial... Read more
1.3.1.1
Constitutional Justice - Jurisdiction - Scope of review - Extension.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
3.12
General Principles - Clarity and precision of legal provisions.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
4.7.1.1
Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction.
4.7.2
Institutions - Judicial bodies - Procedure.
4.7.9
Institutions - Judicial bodies - Administrative courts.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Public procurement, dispute, settlement, procedure / Constitutional justice, diffuse control / Legal aid / Law, constitutionality, doubt, constitutional review, obligatory, judicial activism.
Article 4.4 of the European Stability Mechanism Treaty interferes with the financial competence of Parliament and is related to the principle of a democratic state subject to the rule of law. It also interferes with the financial sovereignty of the state of Estonia, in that the people's right of discretion is indirectly restricted. Article 4.4 of the Treaty provides for a proportional measure for... Read more
3.1
General Principles - Sovereignty.
3.3.1
General Principles - Democracy - Representative democracy.
3.9
General Principles - Rule of law.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
European Stability Mechanism, treaty.
In the field of law-making the Parliament (Riigikogu) has a broad power of discretion on the regulation of legal relationships. The fundamental right to family arises from Article 26 of the Constitution, under which everyone is entitled to inviolability of their private and family life, and from Article 27.1 of the Constitution establishing that the family, as being fundamental to the... Read more
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
3.12
General Principles - Clarity and precision of legal provisions.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.34
Fundamental Rights - Civil and political rights - Right to marriage.
Implementation, law / Same-sex relationships / State, liability / Temporary residence permit.
Disputes as to whether or not electronic mail is private must be resolved by the courts, since the law merely defines a technical process.
A _"host_" does not incur civil or criminal liability simply by failing to withdraw information denounced as unlawful by a third party, but only when the unlawful nature of the information complained of is manifest, or removal has been ordered by a... Read more
1.3.4.14
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states.
1.3.5.2.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.2.1.6.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions.
2.3.1
Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.36.3
Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications.
Internet, law / Digital economy / E-mail, nature / Media, press, criminal offence, limitation period, reply, time-limit / Internet, host, civil and criminal liability / European Communities, directive, transposition / Message, on paper, electronic, arrangements for reply.
Constitutional rules and principles do not in themselves require administrative authorities to give reasons for decisions which do not impose punitive sanctions.
Pluralism of thought and opinion is in itself a constitutional objective, and respect for it is a condition of democracy.
Under Article 88-1 of the Constitution: _"The Republic shall participate in the European Communities and in... Read more
1.3.4.14
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states.
1.3.5.2.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.2.1.6.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions.
4.13
Institutions - Independent administrative authorities.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.4.8
Fundamental Rights - Economic, social and cultural rights - Freedom of contract.
Communication, electronic / Communication, audiovisual / Media, audiovisual council, decision, reason / Media, telecommunications regulatory authority, powers / Media, programmes, local / Advertising, commercial / Media, television, free, service, operator / Media, pluralism, concentration, rules / European Communities, directive, transposition.
Under texts of constitutional force (Preamble and Articles 53 and 88-1 of the Constitution of 1958), France may participate in the creation and development of a permanent European organisation endowed with legal personality and vested with decision-taking powers through the effect of transfers of powers agreed by the member States. However, when commitments entered into for this purpose contain a... Read more
3.1
General Principles - Sovereignty.
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
5.1
Fundamental Rights - General questions.
5.3.14
Fundamental Rights - Civil and political rights -
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
European Union, Constitution, international treaty, nature / State, powers, transfer / European Union, fundamental rights, Charter / European Union, law, primacy.
It is not incumbent on the Constitutional Council to consider the compatibility of a law with France's international and European commitments. Nor must it scrutinise the compatibility of a law with the Lisbon Treaty. Such supervision is a matter for the administrative and judicial courts.
The authority attaching to decisions of the Constitutional Council does not limit the competence of the... Read more
1.3.5.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Law, normativeness / Freedom of enterprise / Public order / Regulating authority / Directive, transposition / Gambling, internet.
The legislation relating to genetically modified organisms (hereinafter, "GMOs") is consistent with the Environmental Charter which has full constitutional value. It does not disregard the constitutional stipulation of transposition of directives. The legislator nevertheless underestimates its own authority in leaving the regulatory power to settle the rules on secrets protected by law.
2.1.1.1.2
Sources - Categories - Written rules - National rules - Quasi-constitutional enactments.
2.2.1.6.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions.
4.5.2.4
Institutions - Legislative bodies - Powers - Negative incompetence.
4.5.6
Institutions - Legislative bodies - Law-making procedure.
5.3.25.1
Fundamental Rights - Civil and political rights - Right to administrative transparency - Right of access to administrative documents.
Environmental Charter / Precautionary principle.
A priority question of constitutionality (hereinafter, "PQC") is confined to the sphere of constitutionally secured rights and freedoms, excluding questions about the procedure for enacting law, and must be raised before a court answerable to the Conseil d’État or to the Court of Cassation. It may be raised initially at first instance, at appeal or before the Court of Cassation. Apart from... Read more
1.2.2.1
Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
5.3.13.1.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings.
Constitutionality, priority question of, effectiveness, procedure / Constitutional justice, individual access.
It is incumbent on the Constitutional Council, when examining legislative provisions on the European Arrest Warrant (hereinafter, the "EAW"), to review the constitutionality solely of the legislative provisions proceeding from the legislature’s exercise of discretionary powers as set in Article 34 of the Treaty on European Union.
The question whether the legislative provisions submitted to it... Read more
1.3.1
Constitutional Justice - Jurisdiction - Scope of review.
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
European Arrest Warrant.
The prohibition on appealing on points of law against a judgment of the indictment division on an application for extension of a European arrest warrant constitutes a restriction of the right to exercise an effective judicial remedy. This curtailment of the right to an effective judicial remedy has no justification either in the requirements of European Union law or in domestic law.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
European Arrest Warrant.
A joint agreement concluded by the European Union and its member states is subject to a different standard of constitutional review depending upon whether the stipulations examined fall under the exclusive competence of the European Union or whether competence over such matters is shared between the European Union and the member states.
3.1
General Principles - Sovereignty.
4.17
Institutions - European Union.
4.17.2
Institutions - European Union - Distribution of powers between the EU and member states.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Trade treaty / Precaution, principle / Constitutional identity / Arbitration, court.
The case-law developed by the Constitutional Council specific to legislation with the aim of transposing EU directives into domestic law also applies to legislation enacted for the purpose of adapting domestic law in line with an EU regulation.
The legislature has put in place suitable guarantees in order to safeguard the rights and freedoms of persons affected by individual administrative... Read more
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
4.13
Institutions - Independent administrative authorities.
4.17.1.5
Institutions - European Union - Institutional structure - Court of Justice of the European Union.
4.17.4
Institutions - European Union - Legislative procedure.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
European Union, regulation, internal law, adaptation / Algorithms, basis, administrative decision / Personal data, automated processing.
Acts of the executive issued between 1992 and 1994 are unconstitutional since they unlawfully deprive trade unions of their property. Article 21 of the Constitution permits deprivation of property on the grounds of social necessity in circumstances directly determined by law, by a court decision or in case of urgent necessity determined by organic law. If appropriate, compensation is to be given.
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.2.1
Sources - Hierarchy - Hierarchy as between national and non-national sources.
3.9
General Principles - Rule of law.
3.13
General Principles - Legality.
3.22
General Principles - Prohibition of arbitrariness.
5.1.1.5.1
Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.3.39.2
Fundamental Rights - Civil and political rights - Right to property - Nationalisation.
5.4.11
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
Property, right to dispose / Trade union, member, contribution / Compensation / Normative act, quality.
1.a. The Court of Justice of the European Communities (hereinafter, “ECJ”) is a lawful judge within the meaning of the second sentence of Article 101.1 of the Basic Law. It is an official body of the judiciary established by the Community Treaties. On the basis of and within the framework of legally established jurisdiction and procedures, it is independent and makes final decisions in accordance... Read more
1.1.4.4
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts.
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
1.3.4.14
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states.
1.3.5.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions.
2.2.1.6.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
3.9
General Principles - Rule of law.
3.22
General Principles - Prohibition of arbitrariness.
3.26
General Principles - Fundamental principles of the Internal Market.
4.7.2
Institutions - Judicial bodies - Procedure.
4.7.9
Institutions - Judicial bodies - Administrative courts.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
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.
5.3.41.5
Fundamental Rights - Civil and political rights - Electoral rights - Direct / indirect ballot.
Import licence, third country / Community law, interpretation, uniform / Community law, application, national courts.
1. The principle that the judiciary is bound by law and justice (Article 20.3 of the Basic Law) includes taking into account the guarantees of the European Convention on Human Rights and the decisions of the European Court of Human Rights as part of a methodologically tenable interpretation of the law. Both a failure to consider a decision of the European Court of Human Rights and the schematic... Read more
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
3.9
General Principles - Rule of law.
3.17
General Principles - Weighing of interests.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Aliens, personality / European Court of Human Rights, decision, national law, effects / Judge, duty to respect international law / Child, best interest / Child, parent, right to contact with child / Child, custody, international treaties, family law.
1. Where doubts arise regarding the application or interpretation of European Union law, regular courts are required, under Article 101.1 of the Basic Law, to refer the relevant questions to the Court of Justice of the European Union (hereinafter, "CJEU")in accordance with Article 267.3 TFEU.
2. Failure to comply with the duty of referral incumbent upon regular courts under EU law does not... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
2.3.1
Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Court of Justice of the European Union, preliminary ruling, duty of referral / Criminal justice system, function, EU Member States / Detention conditions, prison, personal space / European arrest warrant / Extradition, assurances, receiving state / Lawful judge, right, violation / Mutual legal assistance, EU Member States / Mutual recognition, EU Member States / Mutual trust, EU Member States / Regular courts, margin of appreciation, limits.
1. The personal scope of protection of Article 9.3 of the Basic Law also includes civil servants. While the fundamental right of labour coalitions (Koalitionsfreiheit) is guaranteed without explicit reservation, it can, however, be restricted by conflicting fundamental rights of third parties and other rights of constitutional status.
2. a. The ban on strike action for civil servants is... Read more
4.6.9
Institutions - Executive bodies - The civil service.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.4.10
Fundamental Rights - Economic, social and cultural rights - Right to strike.
Civil servant, right to strike, discrimination / Civil servant, right and obligation / Basic Law, openness to international law / European Convention on Human Rights, guideline for the interpretation of the Basic Law / European Court of Human Rights, case-law, guideline for the interpretation of the Basic Law.
1.a.
1.6.5.5
Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.3
Sources - Categories - Case-law - International case-law - Other international bodies.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.1.1.4.2
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.5.1.2
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts -
Capacity, legal / Capacity, mental / Confinement / Disability, mental / Disability, persons, rights / Effective remedy, right to be informed / General interest, safety, psychiatric institutions / Impairment, psychological / International case-law, United Nations Special Rapporteur, torture and other cruel, inhuman or degrading treatment / Judge, on-call duty / Liberty, deprivation and restriction, distinction / Mental illness / Psychiatric hospitals / Physical restraints, patients, psychiatry / Physical restraints, justification, danger to oneself or others / Physical restraints, use, judicial order, statutory basis / Physical restraints, use, judicial order, undue delay / Seclusion, patients, psychiatry / Sedation, patients, psychiatry / Statutory basis, requirement, constitutional law / United Nations Convention on the Rights of Persons with Disabilities.
For the ninth European elections on 26 May 2019, the provisions of the European Elections Act governing the exclusions from voting rights of persons placed under full guardianship and of offenders confined, for lack of criminal responsibility, in a psychiatric hospital must not be applied.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Discrimination / Exclusion from voting rights / Suffrage, universal.
1. To the extent that the application of EU legislation takes precedence over German fundamental rights, the Federal Constitutional Court reviews the domestic application of such legislation by German authorities on the basis of EU fundamental rights. By applying this standard of review, the Federal Constitutional Court discharges its responsibility with regard to European integration under... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions.
2.2.1.6.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions.
2.2.1.6.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
3.17
General Principles - Weighing of interests.
3.19
General Principles - Margin of appreciation.
5.1.2
Fundamental Rights - General questions - Horizontal effects.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Broadcasting, access, online / Data protection, media privilege, scope / Employer, right of personality, protection / Employee, unfair treatment / EU fundamental rights, application, constitutional court / EU law, implementation, leeway to design / General right of personality, statements relating to one’s person, protection / General right of personality, informational self-determination / Internet, information, access / Right to be forgotten / Search engine, de-referencing / Subject of review, EU law, domestic application.
Male and female judges are entitled to paid leave of absence under Article 53.2 of the Civil Servants' Code for the upbringing of a child. Regard was given to the principle of equality between sexes as set out in the Constitution, and those principles of European law relating to equal treatment between men and women and the balance between the professional and personal life of individuals.
1.4.11
Constitutional Justice - Procedure - Hearing.
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
2.3.4
Sources - Techniques of review - Interpretation by analogy.
4.7.4.1.6
Institutions - Judicial bodies - Organisation - Members - Status.
5.2.1.2.2
Fundamental Rights - Equality - Scope of application - Employment - In public law.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Child, care, leave, conditions / Leave, entitlement / Judge, status, male, child, leave, special.
For the promotion of a judicial officer to the post of General Commissioner of the State of the Court of Audit, the prior consent of the judicial officer is required. Tacit non-objection by the proposed candidate constitutes consent. Article 90.5 of the Constitution is interpreted in conjunction with the other constitutional provisions and with EU law. As long as the applicant was called to a... Read more
1.1.3
Constitutional Justice - Constitutional jurisdiction - Status of the members of the court.
1.3.5.13
Constitutional Justice - Jurisdiction - The subject of review - Administrative acts.
Judge, promotion / Judge, administrative role / Judge, appointment.
Greek pupils enjoy the consitutional right, safeguarded also under Article 2 Protocol 1 ECHR, to be taught the main religion of the Greek state, that is the Christian Orthodox religion. Religious class in Greek schools is addressed exclusively to pupils who embrace the Christian Orthodox dogma and not to heterodox Christian pupils, atheist pupils or those of another faith. Pupils of a different... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
Religion, compulsory subject / Religion, education, neutrality of the State / Religion, education, publicly-funded school / Religion, encouragement by the state / Religion, instruction, level, differentiation / Education, public, religion, encouragement by the State / Religion, education, option / Religion, education, orthodox, compulsory / Religion, education, participation of children of other denomination.
The Minister of Justice holds wide discretion regarding the order of the states to which a person may be extradited. Considerations such as a commitment made by a state not to further extradite a person to another state may influence this discretion.
Extradition may impact a foreigner’s right to family life within the meaning of the European Convention on Human rights and should, therefore, be... Read more
3.10
General Principles - Certainty of the law.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
Extradition, foreigner, procedure, human rights / Judicial review, Council of State / Mutual recognition, principle / European Arrest Warrant, criminal procedure, international law / Extradition, surrender, order of priority.
The twofold procedure (administrative and criminal), which is provided for in law with the aim to combat tax evasion, should be organised by the legislator, irrespective of the amount of money evaded, so that the criminal judge assumes competence after the administrative judge has issued a final judgment on a case, given the fact that the Constitution would not tolerate the situation whereby one... Read more
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
5.3.14
Fundamental Rights - Civil and political rights -
Sanction, tax evasion, administrative, criminal / Sanction, twofold, tax, customs duty, violation / Principle, non bis in idem.
A regulation, previously in force, which had allowed the transfer of judicial cases, was contrary to the right to a fair trial under both the Fundamental Law and the European Convention on Human Rights; in particular, the principle of the lawful judge and the right to an impartial court. The regulation failed to fully define instances in which case transfer was permissible, authorised the... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Lawful judge, principle / Judicial case, transfer.
The lack of a regulation allowing for the appraisal of the actual condition of a person with a reduced ability to work violates Hungary’s international obligations.
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.15
Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits.
Disabled person, social assistance, entitlement.
Effective protection of rights, the focus of the right to bring legal proceedings, requires that procedures be reasonable in length. However, Article 6 ECHR, which guarantees everyone a judgment within a reasonable time, is a Convention provision that has been made operative in Italy through an ordinary law. At the same time, the Italian legal system protects this right at constitutional level:... Read more
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
Civil proceedure / Investigation, preliminary.
The Court found that an application submitted by a judge, who had asked for a ruling on the constitutional validity of certain provisions of law, and who then asked the Court of Justice of the European Communities for a preliminary ruling as to whether those same provisions were compatible with Articles 43 to 55 EC, was inadmissible.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.2.1.6.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and domestic non-constitutional legal instruments.
3.26
General Principles - Fundamental principles of the Internal Market.
5.4.5
Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration.
Business, foreign, EU / Betting, collection, prohibition / Service, provision.
The Court held - in the light of its case-law based on Article 11 of the Constitution (Judgment no. 170 of 1984) - that national courts must directly apply immediately applicable Community provisions and not national provisions incompatible with Community provisions, after having, whenever they consider it necessary, asked the EC Court of Justice for a preliminary ruling, within the meaning of... Read more
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.2.1.6.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and domestic non-constitutional legal instruments.
3.26
General Principles - Fundamental principles of the Internal Market.
5.2
Fundamental Rights - Equality.
5.4.5
Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration.
Gambling, discrimination / Betting, discrimination / Community law, national court, direct application.
Since the EU-law principle of equal pay for men and women undoubtedly has direct effect, a court should disapply the provisions of domestic law that conflict with the principle of equal treatment. If that court considers it necessary, it should make a reference for a preliminary ruling to the Court of Justice of the European Union regarding the correct interpretation of the relevant provisions of... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.2.1.6.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Employment, treatment, female workers, equal pay / Employment, public, retirement, age, gender, discrimination / European Union, law, primacy / European Union, law, interpretation, preliminary ruling, Court of Justice of the European Union.
If doubts arise over a law in terms of the rights enshrined in the Constitution or under the Charter of Fundamental Rights of the European Union in contexts where EU law applies, the question of constitutionality must be raised, to allow for a referral to be made seeking a preliminary ruling for matters of interpretation or over the validity of EU law.
The legislator's decision to impose the... Read more
2.2.1.6.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions.
3.13
General Principles - Legality.
4.10.7.1
Institutions - Public finances - Taxation - Principles.
5.3.13.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
Tax system, progressive taxation / Taxation, legislative discretion.
In the light of the prohibition on the retroactivity of harsher punishments of criminal law, the "Taricco rule" cannot be applied to facts committed prior to the date of publication of the judgment that established it, that is, prior to 8 September 2015. This prohibition derives directly from EU law and does not require any further verification on the part of national judicial... Read more
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions.
3.12
General Principles - Clarity and precision of legal provisions.
3.13
General Principles - Legality.
3.14
General Principles -
5.3.38.1
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law.
Criminal law, VAT fraud / Criminal code, limitation period / European Union, Court of Justice, preliminary request, national court, obligation to refer / European Union, financial interests of the Member State / Prohibition on the retroactivity of harsher punishments of criminal law.
The Constitutional Court must express its own assessment, above all in light of domestic constitutional provisions, on provisions which, while remaining subject to regulation by European Law, touch on principles and fundamental rights enshrined in the Italian Constitution and recognised by constitutional case-law. One purpose of this is for the Court to make its own contribution to rendering... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.20
General Principles - Reasonableness.
5.3.25
Fundamental Rights - Civil and political rights - Right to administrative transparency.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Transparency, public administration / Personal data, publication, public managers / Privacy, fiscal data of public managers, publication.
A finding of unconstitutionality of the domestic legislation – which does not recognise an accused’s right to silence in proceedings that, although formally administrative in nature, entail the imposition of sanctions of a substantially punitive nature – would risk creating a conflict with EU law, since the domestic legislation in question stemmed from obligations incumbent on Italy under EU... Read more
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.2.1.6.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
5.3.13.23
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent.
Market Abuse / Administrative sanctions, sanctions of "punitive" nature / Relationship, National constitutional courts, Court of Justice of the European Union.
The general principle of peaceful enjoyment of possessions is always to be considered in connection with the right of the State to limit the use of property in accordance with conditions envisaged by Article 1 Protocol 1 ECHR.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.2
Fundamental Rights - Equality.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.39.1
Fundamental Rights - Civil and political rights - Right to property - Expropriation.
5.3.39.2
Fundamental Rights - Civil and political rights - Right to property - Nationalisation.
5.3.39.4
Fundamental Rights - Civil and political rights - Right to property - Privatisation.
Real estate / Compensation, determination / State Land Service.
When adopting measures to implement European Union law, Member States must comply with the general principles of that law, including the principle of the protection of legitimate expectations. The right to rely on this principle is open to any person in a situation where a public authority has created legitimate expectations on that person’s part based on specific promises. It must be ascertained... Read more
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
1.3.5.2.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation.
1.3.5.10
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
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.
Pension, entitlement / Pension, survivor / Inheritance, right / Property, right, restriction / Expectation, legitimate / Court of Justice of the European Union, preliminary ruling / European Union.
According to the Constitutional Court's established case-law, the European Convention on Human Rights has constitutional standing (de facto). The recent constitutional revision has not altered this position. The reciprocity required by Article 31.3 of the Constitution of Liechtenstein and likewise (de facto) Article 6.1 ECHR are norms at constitutional level and thus of equal rank.... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.27.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel - Right to paid legal assistance.
Conflict of laws / Legal aid, free / Legal aid, equal access / Foreigner, difference in treatment / Reciprocity, requirement, human rights, violation.
The fact that the European Court of Human Rights finds a violation has no direct consequences for the domestic judgment, and in particular does not directly entail its modification. Where a judicial decision is found to infringe the European Convention on Human Rights, the Convention does not require that the judgment of the European Court of Human Rights, finding a decision of a Liechtenstein... Read more
1.1.4.4
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts.
1.6.9.2
Constitutional Justice - Effects - Consequences for other cases - Decided cases.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
4.7.2
Institutions - Judicial bodies - Procedure.
5.2
Fundamental Rights - Equality.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Res judicata / Judgment, review / European Court of Human Rights, judgment, binding effect / European Court of Human Rights, judgment, execution / European Court of Human Rights, decision, national, reopening.
Liechtenstein's regulations on levying of deposits, despite their differentiated adjustment, actually affect foreigners much more markedly than nationals. As a whole, the regulations in the Code of Civil Procedure (ZPO) on the judicatum solvi deposit therefore display indirect discrimination within the meaning of the case-law of the European Court and the EFTA Court. Such indirect... Read more
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
2.2.1.6.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and domestic non-constitutional legal instruments.
3.10
General Principles - Certainty of the law.
3.16
General Principles - Proportionality.
3.26
General Principles - Fundamental principles of the Internal Market.
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
Security for costs / Discrimination, indirect / Discrimination, foreigners / Procedural costs, discrimination / Foreigner, discrimination / European Economic Area, discrimination, foreigners / Court costs, security, discrimination / Procedure, costs, advance.
The European Convention for the Protection of Human Rights and Fundamental Freedoms performs the same function as constitutional guarantees for human rights, but the Constitution establishes guarantees within a State, the Convention on the international plane. In order to avoid obstacles in the application by courts and other authorities providing legal protection, the provisions of the... Read more
1.2.1.3
Constitutional Justice - Types of claim - Claim by a public body - Executive bodies.
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.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
3.3
General Principles - Democracy.
5.3
Fundamental Rights - Civil and political rights.
European Convention on Human Rights, compatibility with Constitution / Human rights, domestic protection / Human rights, international protection / Norms, national, international, interaction.
By establishing a legal regulation that ignores the constitutional liability for a gross violation of the Constitution and breaches the oath decided in the Constitutional Court ruling of 25 March 2004, the legislator had tried to overrule the power of the aforesaid Constitutional Court’s ruling. By doing so, the legislator violated the constitutional prohibition to repeatedly establish, by... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
3.3.1
General Principles - Democracy - Representative democracy.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Treaty, international, conflict / Constitution, supremacy / Re-interpretation / Impeachment / Constitutional doctrine, overruling.
According to Article 133 of the Federal Constitution, international treaties that are signed by the Executive and ratified by the Senate are considered Supreme Law of the Union, as well as laws issued by Congress and the Constitution itself.
When international treaties broaden the application of fundamental rights established in the legal system, all legal provisions have to be harmonised and... Read more
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Election, constitutional requirement / Treaty, ratification / Dubio pro libertate, principle / Dubio pro homine, principle.
Article 43 of the Constitution recognises the right of all citizens to work, a right that embraces free choice of employment, equitable and satisfactory work conditions, safety nets against unemployment, and labour protection. The right to work falls into the category of economic rights essential to ensuring the right to equitable remuneration and right to a decent standard of living, as... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.2.1
Sources - Hierarchy - Hierarchy as between national and non-national sources.
3.12
General Principles - Clarity and precision of legal provisions.
3.21
General Principles - Equality.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Employment law / Social assistance / Insurance, social, state.
The refusal by the Minister to disclose documents relating to peace keeping operations carried out by the United Nations was lawful in the light of inter alia Article 6 ECHR.
2.1.1.4.1
Sources - Categories - Written rules - International instruments - United Nations Charter of 1945.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Information, restriction.
Freedom of association as well as the right to strike have been recognised in Norway for a long time as a legal means of solving labour conflicts. Moreover, there has been a general acceptance that the right to strike is not unlimited, but can be restricted if the effects on society are considerable. This practice is not considered contrary to common legal principles of a constitutional character... Read more
1.2.2.5
Constitutional Justice - Types of claim - Claim by a private body or individual - Trade unions.
1.3.5.14
Constitutional Justice - Jurisdiction - The subject of review - Government acts.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.1.2.2
Sources - Categories - Unwritten rules - General principles of law.
2.2.1
Sources - Hierarchy - Hierarchy as between national and non-national sources.
5.4.10
Fundamental Rights - Economic, social and cultural rights - Right to strike.
Arbitration, compulsory / Obligation, international / Strike, prohibition / Ordinance, provisional / ILO, Convention no. 087 / ILO, Convention no. 098.
A person who claims damages for unjustified prosecution is entitled to an oral hearing pursuant to Article 6 ECHR.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
5.3.13.9
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public hearings.
Prosecution, unjustified / Criminal procedure, hearing.
It is inherent in the Agreement on the European Economic Area (EEA) and the EEA Act that the State is liable in damages for the deficient transposition into Norwegian law of a Directive provided that three conditions are met. The directive in question must be intended to confer rights on individuals, the rights conferred must be clearly identifiable from the provisions of the directive, and the... Read more
1.3.5.15
Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
EEA, directive, transposition, failure, state liability / Car, insurance, harmonisation.
The right to seek asylum, as protected by Article 31.1 of the Geneva Convention on the Status of Refugees of 1951, limits the scope of national criminal law regarding the use of false identification.
2.1.1.4.5
Sources - Categories - Written rules - International instruments - Geneva Convention on the Status of Refugees of 1951.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.1.4.3
Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
Criminal law, interpretation / Identity, verification / International law, national law, relationship / International law, priority.
Article 3 of Law no. 28705 – General Act for the prevention and control of the risks of tobacco consumption (hereinafter, the "General Act") – prohibits the consumption of tobacco in all enclosed public places, thus forbidding the existence of exclusive establishments for smokers and the consumption of tobacco in the open areas of adult education establishments. The provision affects the right of... Read more
2.2.1.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Health protection / Health, protection, workplace / Health, public / Tobacco, product / Freedom of enterprise, restriction / Personality, free development.
The principle of interpreting national law in a manner favourable to European law, based on Article 91.1 of the Constitution, relates in particular to interpretation of the constitutional basis of review performed by the Constitutional Tribunal (in this case - the principles of economic freedom and the protection of consumers).
The scope of the freedom enjoyed by the legislator in enacting... Read more
1.3
Constitutional Justice - Jurisdiction.
2.2.1.6.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
3.26
General Principles - Fundamental principles of the Internal Market.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.7
Fundamental Rights - Economic, social and cultural rights - Consumer protection.
Fuel, bio-components, obligation to sell / Employment, job-creating measure / Environment, protection / EU, national, citizen, reverse discrimination.
The fact that a particular solution adopted by law is inappropriate, impractical or counter-productive does not automatically imply that such a solution does not conform to the Constitution. Allegations as to the non-conformity of a particular legal solution with Article 2 of the Constitution (the rule of law), read in conjunction with Article 31.3 of the Constitution (general clause on the... Read more
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
3.9
General Principles - Rule of law.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.43
Fundamental Rights - Civil and political rights - Right to self fulfilment.
Seller, cash-register, obligatory / Tax, value added, assessment.
The criterion of the _"necessity_" for imposing restrictions on constitutional rights and freedoms with regard to the values enshrined in Article 31.3 of the Constitution (State security, public order, protection of the environment, public health and morality, as well as the protection of the rights and freedoms of others) is inherent in the principle of proportionality. It implies that the... Read more
2.2.1.6.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.7
Fundamental Rights - Economic, social and cultural rights - Consumer protection.
Bio-component / Import, measure having equivalent effect / Quantitative restriction / EU, national, reverse discrimination.
The accession of Poland to the European Union (EU) did not undermine the supremacy of the Constitution over the legal order as a whole within the field of sovereignty of the Republic of Poland. The norms of the Constitution, this being the supreme act which is an expression of the Nation's will, would not lose their binding force or change their content by the mere fact of an irreconcilable... Read more
1.3.1
Constitutional Justice - Jurisdiction - Scope of review.
1.3.4.14
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states.
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
1.3.5.2.1
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Primary legislation.
1.3.5.2.2
Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
2.3
Sources - Techniques of review.
3.1
General Principles - Sovereignty.
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
4.7.6
Institutions - Judicial bodies - Relations with bodies of international jurisdiction.
4.9.3
Institutions - Elections and instruments of direct democracy - Electoral system.
4.16.1
Institutions - International relations - Transfer of powers to international institutions.
4.17.2
Institutions - European Union - Distribution of powers between the EU and member states.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.2
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
EU, subsidiarity, duty to respect / Law, domestic, interpretation sympathetic to European law, limits / EU, supranational character / EU, accession, constitutional basis / Community law, Constitution, conflict, consequences / European Communities, powers, limits / EU, powers, limits / CJEU, duty to respect national legal systems.
Preliminary rulings, provided for in Article 177 EC, serve to ensure the primacy of the Community legal system. Allowing national courts to interpret Community law independently would eventually undermine the unity of Community law, substituting for the _"common rule_" a whole series of rules distorted by national court practices. The purpose of preliminary rulings is to ensure that Community law... Read more
2.2.1.6.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
5.3.13.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
Community law, interpretation / Preliminary question, condition / Preliminary question, purpose.
The provisions of the decision on the constitutionality of the law approving emergency Order no. 36/1997 amending and supplementing the Education Act, no. 84/1995, do not breach the terms of Article 114.4 of the Constitution, according to which emergency orders may be enacted only in exceptional cases and with due regard for parliament's constitutional powers as described at Article 58 of the... Read more
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
3.18
General Principles - General interest.
4.3.1
Institutions - Languages - Official language(s).
4.6.2
Institutions - Executive bodies - Powers.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
4.18
Institutions - State of emergency and emergency powers.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
Emergency, order / Exceptional case, objective character / Education, higher / Language, education.
The fact that secret service operatives are exempt from application of the provisions of Article 2.f of the Access to Personal Records and Disclosure of Membership of the Securitate as a Political Police Force Act does not conflict with the provisions of Article 31 of the Constitution, on the right to information, or those of Article 49.1 of the Constitution, on the exercise of certain rights and... Read more
1.1.4.2
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies.
1.3
Constitutional Justice - Jurisdiction.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.3.3
Sources - Categories - Case-law - Foreign case-law.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
3.16
General Principles - Proportionality.
4.5.2
Institutions - Legislative bodies - Powers.
4.7.7
Institutions - Judicial bodies - Supreme court.
4.11.3
Institutions - Armed forces, police forces and secret services - Secret services.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
Disclosure, files, access.
1. The statutory establishment of an administrative appeals procedure is not in itself unconstitutional.
2. Use of the preliminary administrative appeals procedure, as laid down in Sections 2-7 of Act no. 105/1997, to resolve objections, disputes and complaints concerning monetary sums levied through inspection and assessment documents drawn up by agencies of the Ministry of Finance, is contrary... Read more
1.3.1
Constitutional Justice - Jurisdiction - Scope of review.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
2.2.2.1.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution - Hierarchy attributed to rights and freedoms.
5.3.13.1.5
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Non-litigious administrative proceedings.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
Administration, appeals, internal / Tax, assessment, objection / Constitutional Court, legislative role.
The condition laid down by Section 6.a of Act no. 188/1999 on the Civil Service Regulations, under which any person of solely Romanian nationality habitually resident in Romania is eligible to hold a civil service position does not infringe the right to work set out in Article 38.1 of the Constitution.
A person's access to an official post or high public office on these terms is consistent... Read more
1.3
Constitutional Justice - Jurisdiction.
2.1.1.4.2
Sources - Categories - Written rules - International instruments - Universal Declaration of Human Rights of 1948.
2.1.1.4.8
Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.
2.1.1.4.9
Sources - Categories - Written rules - International instruments - International Covenant on Economic, Social and Cultural Rights of 1966.
2.2.1
Sources - Hierarchy - Hierarchy as between national and non-national sources.
2.3.8
Sources - Techniques of review - Systematic interpretation.
3.20
General Principles - Reasonableness.
3.24
General Principles - Loyalty to the State.
4.6.9.1
Institutions - Executive bodies - The civil service - Conditions of access.
4.6.9.2
Institutions - Executive bodies - The civil service - Reasons for exclusion.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.9
Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
International law, pre-eminence / Civil service, requirement, specific / Loyalty, to the nation, citizen, obligation.
The protection of classified information can only take priority over the right to information of the accused and over the right to a fair trial of all the parties in a criminal trial, in circumstances expressly and restrictively provided for by law. Restrictions on the right to information are only permissible if they are based on a genuine and justified purpose of protecting a legitimate... Read more
1.1.3
Constitutional Justice - Constitutional jurisdiction - Status of the members of the court.
5.3.13.8
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.13.19
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
Classified information, access / Criminal proceedings.
The legislator's option to establish new prosecution structures is in accordance with its constitutional competence to legislate in the field of the organisation of the judicial system. The obligation that independent and impartial judges give reasons for court rulings represents a condition of a fair trial, as referred to both in the Constitution and the Convention for the Protection of Human... Read more
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
3.19
General Principles - Margin of appreciation.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Prosecution structures, creation.
Same-sex relationships, just like heterosexual relationships, fall within the scope of "private life" and that of "family life". As such they fall under the protection of the fundamental right to private and family life, safeguarded by Article 7 of the EU Charter of Fundamental Rights, Article 8 ECHR and Article 26 of the Constitution. Enjoying the right to private and family life, same-sex... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
4.17.1.5
Institutions - European Union - Institutional structure - Court of Justice of the European Union.
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Spouse, meaning.
The legislator’s option to regulate as a ground for postponing the execution of the custodial sentence or life imprisonment in the case of caring for a child under the age of one must be done in a way that is compatible with the best interests of the child, the right to family life and the principle of non-discrimination in gender rights.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Best interests of the child, parental care / Sentence, execution, postponement / Imprisonment, pregnancy.
The Federal legislator must establish mechanisms under the Code of Civil Procedure to execute the decisions of the European Court of Human Rights.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
Decision, judicial / Judgment, execution, law / Civil procedure.
Decisions of the European Court of Human Rights are to be enforced with due regard to the supremacy of the Russian Constitution in the domestic legal system.
The European Convention on Human Rights and decisions of the European Court of Human Rights interpreting the Convention do not take precedence over the national Constitution. Under the Constitution of the Russian Federation, prisoners do... Read more
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
Custodial sentence / Alternative sanctions.
An Act relating to the privatisation of enterprises, parts of enterprises and property shares of the State through direct sales is unconstitutional if it attempts to restrict property rights, limit fundamental rights and freedoms or otherwise infringe constitutional principles such as the separation of powers or indeed international treaties. A finding of unconstitutionality sets a six month... Read more
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
An allegation of a violation of the Universal Declaration of Human Rights cannot be the subject matter of proceedings at the Constitutional Court.
The criteria for the restriction of the right to information acknowledged by the European Convention on Human Rights but not by the Constitution are not to be deemed a source of law in the Slovak Republic, as the Convention is superior to the laws... Read more
1.1.4.4
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts.
2.1.1.4.2
Sources - Categories - Written rules - International instruments - Universal Declaration of Human Rights of 1948.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
3.3
General Principles - Democracy.
3.19
General Principles - Margin of appreciation.
4.7.2
Institutions - Judicial bodies - Procedure.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
International law, status / Right to information, condition / Right to information, exception / Procedural ruling / Court session, public, tape recording, right.
To proceed upon an application found admissible by the European Court of Human Rights, regardless of the will of those who have exercised their right to file individual complaints as provided for by Article 34 ECHR, could amount to an unacceptable interference with this right.
The relationship between a national constitutional court and the European Court of Human Rights is based on a... Read more
1.1.4.4
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts.
1.3.5.12
Constitutional Justice - Jurisdiction - The subject of review - Court decisions.
1.6.9.1
Constitutional Justice - Effects - Consequences for other cases - Ongoing cases.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Admission, prerequisite / Constitutional jurisdiction, subsidiarity / European Court of Human Rights, complaint, proceedings, parallel.
Depriving a litigant of the possibility to comment on evidence which the court has dealt with and which contained findings relevant for its decision, results in subjecting the affected litigant to conditions for presenting his/her claim that are substantially less favourable than are the conditions for the other litigant, and thus violates not only the right to comment on all evidence presented... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.13.19
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
5.3.13.20
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle.
Appeal court, procedure / Evidence, witness, written statement.
Detention constitutes a significant encroachment into the fundamental right to individual liberty guaranteed by the Constitution and by the European Convention on Human Rights.
As a consequence, taking into consideration the case law of the European Court of Human Rights, a court of general jurisdiction adjudicating upon the proposal for prolongation of detention, must hear the person detained.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
Detention, duration, prolongation / Detainee, right to be heard / Release, pending trial.
Under Slovak extradition legislation, there are two stages to decision-making on extradition. The first is done by ordinary (criminal) courts, and the second by the Minister of Justice. The ordinary legislation in literal terms and in literal interpretation only allows the Minister to take account of important human rights. In practice, however, the ordinary courts must also take human rights... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
3.9
General Principles - Rule of law.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.1.4.1
Fundamental Rights - General questions - Limits and restrictions - Non-derogable rights.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Extradition, torture / Extradition, information about receiving state / Extradition, competence / Obligation, international, state / Treaty, on human rights, direct applicability.
State authorities must not bind the Republic of Slovenia to international agreements that would violate the Constitution. An obligation imposed by an international agreement would be unconstitutional, if upon having entered into force the international agreement creates directly applicable unconstitutional norms, or if the international agreement binds the State to adopt an unconstitutional law.
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
3.26
General Principles - Fundamental principles of the Internal Market.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.1.1.5
Fundamental Rights - General questions - Entitlement to rights - Legal persons.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Property, protection / Real estate, foreigner / Discrimination, foreigners / Treaty, international, ratification / Constitutional review, international treaties, preventive.
The right to trial without undue delay is the core element of the right to judicial protection. The right can be viewed as one of the essential conditions for the effective exercise of all other human rights. It follows already from the legal maxim "justice delayed is justice denied" that if judicial protection is too late, the affected person is in the same position as if there had been no... Read more
1.3.5.15
Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.
1.6.9
Constitutional Justice - Effects - Consequences for other cases.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
Trial, excessive length, remedy after termination of procedure.
A legal entity, which is an artificial form within the legal order, also enjoys the constitutionally-protected right to privacy which the Constitution otherwise ensures to natural persons as a human right. Interferences with the spatial and communication privacy of legal entities, insofar as they are protected by Article 36.1 and 37.1 of the Constitution, are only admissible if they are ordered... Read more
5.1.1.5.2
Fundamental Rights - General questions - Entitlement to rights - Legal persons - Public law.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
5.3.13.19
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
5.3.36
Fundamental Rights - Civil and political rights - Inviolability of communications.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Legal person / Privacy / Search warrant, judicial / Search, order.
When a national court is faced with a question the resolution of which falls within the exclusive jurisdiction of the Court of Justice of the European Union, it must not decide on it unless the Court of Justice has already answered it or other conditions that allow the national court to adopt a decision are fulfilled. A national court that adopts a position inconsistent with this requirement is... Read more
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Right to effective judicial protection / Court of Justice of the EU.
A measure whereby the employment contracts of civil servants are terminated due to their fulfilment of the statutory conditions for obtaining an old age pension entails discrimination on the grounds of age and sex. Discrimination on the grounds of age is admissible in this case; its objectives are to ensure sustainable public finances, establish a balanced age structure for civil servants, and... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
3.16
General Principles - Proportionality.
3.26
General Principles - Fundamental principles of the Internal Market.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
Discrimination, justification / Dismissal on grounds of age / Employment, termination, discrimination.
A legal remedy against an order rejecting an application for international protection based on the application of the concept of a safe third country that does not suspend the possibility of enforcing such an order is inconsistent with the right to effective judicial protection and the right to effective legal remedy.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
3.12
General Principles - Clarity and precision of legal provisions.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
5.3.13.5
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Suspensive effect of appeal.
Asylum, refusal, right to appeal / Expulsion, remedy, effective / Expulsion, safe third country.
South African officials may not extradite or deport a person to another country where he or she faces the real risk of the death penalty being imposed and executed, unless that country has provided an official assurance that the death penalty will not be imposed, or if imposed, will not be executed.
1.2.1.3
Constitutional Justice - Types of claim - Claim by a public body - Executive bodies.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.1.1.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Death penalty, non-imposition, guarantee / Death penalty, obtaining assurances against imposition / Deportation, receiving state, assurances / Extradition, assurance by receiving state / Extradition, safeguard, against death sentence / Foreigner, deportation / Foreigner, stay, illegal / Human right, scope of application / Precedent, judicial / Punishment, cruel, inhuman or degrading / Right to life, scope.
In terms of the Constitution, the Implementation of the Rome Statute of the International Criminal Court Act (hereinafter, the "ICC Act") and international law, South Africa may, through universal jurisdiction, assert prescriptive and, to some degree, adjudicative jurisdiction to investigate allegations of torture committed elsewhere. Investigations can occur in the absence of the presence of a... Read more
2.1.1.4.17
Sources - Categories - Written rules - International instruments - Statute of the International Criminal Court of 1998.
2.2.1.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments.
3.20
General Principles - Reasonableness.
4.6.2
Institutions - Executive bodies - Powers.
4.7.1.2
Institutions - Judicial bodies - Jurisdiction - Universal jurisdiction.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
4.16
Institutions - International relations.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
Customary international law, application / Treaty, domestication / Jurisdiction, universal, limiting principles / Investigative jurisdiction / Torture, committed abroad, investigation / Crime, international, committed abroad.
A worker of Moroccan nationality employed by a Spanish undertaking cannot be excluded from unemployment benefit to which national workers are entitled if he meets the statutory conditions governing that benefit in accordance with the requirements of Community law, which is directly applicable in Spain.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.2.1.6.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
Unemployment.
The right to an effective remedy is violated when a judge applies a provision that the Court of Justice has declared contrary to European Union Law. The principle of primacy binds not only Member States’ judges and courts, but also their administrative and regulatory bodies. Thus, they are not allowed to apply national provisions contrary to European Union Law, irrespective of the status of such... Read more
2.2.1.6.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and domestic non-constitutional legal instruments.
3.13
General Principles - Legality.
3.26
General Principles - Fundamental principles of the Internal Market.
4.13
Institutions - Independent administrative authorities.
4.17.1.5
Institutions - European Union - Institutional structure - Court of Justice of the European Union.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Principle, legality, primacy / Administrative, sanction, violation / Authorisation.
The Swedish system of tax surcharges and tax offences is incompatible with the right not to be tried or punished twice for the same offence if the proceedings are founded on identical factual circumstances. Accordingly, a criminal indictment for a tax offence constitutes a procedural hindrance against imposing tax surcharges based on the same submission of incorrect information.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
5.3.14
Fundamental Rights - Civil and political rights -
Ne bis in idem, tax offence / Tax offence, surcharges / Tax offence, criminal punishment / Tax offence, indictment, retrial.
A disabled person’s entitlement to a parking permission constitutes a civil right for the purposes of Article 6.1 ECHR.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Disabled parking permit, appeal against grant.
A decision, whereby the Environmental Protection Agency reviewed a county administrative board’s decision regarding elk hunting, can be appealed to an administrative court notwithstanding a provision stating that such a decision cannot be appealed.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Right to appeal.
A decision of a confederation assigned with the task of distributing state grants to athletic clubs can be appealed to administrative court despite the absence of a provision stating that such a decision is appealable.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Right to appeal.
Personal freedom; extension of remand in custody.
Right to consult the case file; Article 4 of the Federal Constitution and Article 5.4 ECHR.
Relationship between the fundamental rights embodied in the Constitution and the principles enshrined in the European Convention on Human Rights.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.8
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file.
5.3.13.24
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the reasons of detention.
Detention pending trial, extension, demand / Fundamental right, more favourable protection.
Article 114bis.3 of the Federal Constitution (under which the Federal Court applies federal legislation and treaties approved by the Federal Assembly), Article 130.1 of the decree of the Federal Council on the levying of a direct federal tax (AIFD), Article 6.2 ECHR; fiscal criminal law; liability of heirs; presumption of innocence; examination of federal legislation. Examination of the... Read more
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.10
Sources - Categories - Written rules - International instruments - Vienna Convention on the Law of Treaties of 1969.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
5.3.42
Fundamental Rights - Civil and political rights - Rights in respect of taxation.
Tax, fine, heir, liability / Criminal law, fiscal / International law, domestic law, relationship.
Review of a domestic decision following a judgment delivered by the European Court of Human Rights, in which it was found that there had been a violation of the European Convention on Human Rights: application of the new provisions of the federal law on the administration of justice (OJ) relating to review (Section 139.a).
1.4.13
Constitutional Justice - Procedure - Re-opening of hearing.
1.6.4
Constitutional Justice - Effects - Effect inter partes.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Insurance, disability / Final judgment / Revision, ground / Pension / Revision of judgment.
Judicial co-operation; relationship between international and domestic law; scope of the exchange of letters in 1989 between India and Switzerland; Article 2a of the federal Law on International Co-operation in Criminal Matters (ICCM).
An exchange of letters of 20 February 1989 between India and Switzerland was a treaty having precedence over domestic law. The scope of the principle of the... Read more
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Co-operation, judicial, international / Treaty, international, primacy.
Article 98a and Article 100.1a of the Federal Judicature Act (OJ); Article 6.1 ECHR; admissibility of an administrative-law appeal against confiscation of propaganda material belonging to the Kurdistan Workers Party.
Once a confiscation order has been made, there ceases to be any interest in contesting a seizure which preceded the order (recital 2).
Confiscation of propaganda material for... Read more
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.4.1
Constitutional Justice - Procedure - General characteristics.
1.4.9.2
Constitutional Justice - Procedure - Parties - Interest.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.10
Sources - Categories - Written rules - International instruments - Vienna Convention on the Law of Treaties of 1969.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
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.
International law, pre-eminence / Propaganda, material, confiscation / Security, external and internal / Security, national.
Articles 161 and 271 of the Swiss Civil Code; compliance with the Constitution and the European Convention on Human Rights in the matter of acquisition of cantonal and municipal citizenship by marriage or descent in civil law.
The provisions of civil law on the acquisition of cantonal and municipal citizenship by marriage or descent contravene the principle of equal treatment of men and women;... Read more
1.1.2.7
Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Subdivision into chambers or sections.
1.3.1
Constitutional Justice - Jurisdiction - Scope of review.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.3.4.10
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments.
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
Citizenship, cantonal and municipal, acquisition / Federal law, constitutionality.
Article 8 ECHR; Article 5 (principles governing the activities of the law-based state), Article 190 (applicable law) and Article 121.3 to 121.6 (version of 28 November 2010 ["Deportation Initiative"]) in conjunction with Article 197.8 of the Federal Constitution of the Swiss Confederation of 18 April 1999; Articles 62.b, 63.1.a, 63.1.b and 63.2 of the Aliens Act of 16 December 2005 (revocation of... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
2.2.2.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
4.9.2.2
Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Effects.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
Conviction, criminal / Foreigner, asylum, residence permit / Foreigner, deportation / Foreigner, undesirable / Popular initiative.
While the right to asylum is a subjective constitutional human right, at the same time it is a political right, in the governing of which is expressed the sovereign right of the state from which asylum is requested to determine whether in case of violation of this right it shall protect it simply by launching an appellate procedure or whether it should allow court protection as well.
The... Read more
2.1.1.4.5
Sources - Categories - Written rules - International instruments - Geneva Convention on the Status of Refugees of 1951.
2.2.1.4
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions.
4.13
Institutions - Independent administrative authorities.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Asylum, request, refusal / Asylum, refusal, right to appeal / Asylum, request, apparently unfounded / Asylum, emergency procedure.
Recognition of a person as being incapable cannot deprive him or her of other constitutional rights and freedoms or restrict them in a manner that undermines their essence. Hospitalisation of a legally incapable person to a psychiatric institution at the request or with the consent of his or her guardian upon the decision of a psychiatrist (which does not provide for judicial control of such... Read more
2.2.1
Sources - Hierarchy - Hierarchy as between national and non-national sources.
5.1.1.4.2
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Care, psychiatric / Incapable person / Hospitalisation, voluntary, consent / Restriction, rights, freedoms.
Prison rules required searches of prison cells and the examination of otherwise legally privileged material by prison staff, in the absence of the prisoner. This blanket policy requirement in the rules infringed a prisoner's common law right to legal professional privilege and right to respect for correspondence under Article 8 ECHR.
2.2.1.5
Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.20
General Principles - Reasonableness.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.27
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
5.3.36.1
Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence.
Common Law, rights / Legal professional privilege / Unconstitutionality, declaration, non-compatibility with the ECHR / Prison, rules.
Evidence which might have been obtained by torture (by third party states) was inadmissible before the Special Immigration Appeals Commission despite the fact that, by its statutory rules, it was entitled to receive evidence that would not be admissible in a court of law.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
State, duty to protect / Torture, evidence obtained through torture / Terrorism, fight / Evidence, obtained through torture / Evidence, illegally obtained / Evidence, exclusion, rule, strict.
In possession proceedings brought by a local authority, it is for the occupier to raise a defence under Article 8.2 ECHR that possession is not justified and he must be given a fair opportunity to do so. However, this Article 8 ECHR defence will be struck out unless he can show the legislation itself to be incompatible with Article 8 ECHR. Where a decision of the House of Lords is clearly... Read more
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.2
Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1
Sources - Hierarchy - Hierarchy as between national and non-national sources.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Traveller, camp site / Property, illegally occupied / Property, possession / Property, public.
The imposition of a ban on television advertising on a non-profit-making company whose aims were: to lawfully suppress animal cruelty; alleviate animal suffering; and conserve and protect their environment under Sections 319 and 321 of the Communications Act 2003 (the 2003 Act) did not amount to an infringement of Article 10 ECHR. The ban was justified as it was necessary within a democratic... Read more
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
3.3
General Principles - Democracy.
3.19
General Principles - Margin of appreciation.
4.5.2
Institutions - Legislative bodies - Powers.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
Media, advertising, political, prohibition / Animal rights / Pressing social need, advertising, prohibition.
There is no absolute requirement under Article 6 ECHR to provide a litigant with sufficient detail of allegations concerning them in order for the provision of effective instructions to be given to the litigant’s legal team. This had been established by a line of Strasbourg authorities i.e., Leander v. Sweden (1987), Esbester v. United Kingdom (1994) and Kennedy v. United... Read more
5.3.13.9
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public hearings.
5.3.13.19
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
5.3.13.20
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle.
Fair trial, closed material proceedings / Security, national, court hearing, material presented, limitation.
False imprisonment is a civil wrong for which damages are, in principle, available. The commission of such a civil wrong will depend on whether the relevant actions constitute false imprisonment which is, in turn, defined by reference to common law principles.
While there is some similarity between the elements of the tort of false imprisonment, on the one hand, and deprivation of liberty under... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.2.2.1.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution - Hierarchy attributed to rights and freedoms.
4.6.2
Institutions - Executive bodies - Powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Imprisonment, false, unlawful / Damages, civil wrong / Use of Executive Powers.
The UK is party to international agreements which permit, subject to certain conditions, the provision of mutual legal assistance (hereinafter, "MLA") to executive and/or judicial agencies in other jurisdictions in the context of criminal investigations or proceedings. This includes jurisdictions in which the information provided could lead to the imposition of the death penalty.
English common... Read more
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
4.6.2
Institutions - Executive bodies - Powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Mutual assistance between States, criminal investigation or proceedings / Death penalty, imposition / Data protection, law, compliance.
Highest federal court lacks authority to exercise supervisory authority over courts of the states in the form of a remedy of suppression of evidence in criminal proceedings, unless such authority is found in a federal constitutional requirement or in an explicit applicable international treaty provision which then will operate as a requirement of federal law.
An international court's... Read more
2.1.1.4.19
Sources - Categories - Written rules - International instruments - International conventions regulating diplomatic and consular relations.
2.2.1.2
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
4.7.6
Institutions - Judicial bodies - Relations with bodies of international jurisdiction.
4.8.8.3
Institutions - Federalism, regionalism and local self-government - Distribution of powers - Supervision.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
Evidence, admissibility / Evidence, exclusion, rule / Treaty / Consular assistance, right / Foreigner, detention / Foreigner, consular assistance, right / Vienna Convention on Consular Relations, effectiveness.
1.1.2.7 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Subdivision into chambers or sections. SUI-1999-C-001 1.1.3 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court. ROM-2018-1-001, GRE-2019-3-001 1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies. ROM-2000-1-009 1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts. SVK-2001-2-003, AUT-1987-C-001, GER-1986-C-001, SVK-1997-2-003, AUT-1997-2-004, LIE-2007-3-003 1.2.1.1 Constitutional Justice - Types of claim - Claim by a public body - Head of State. BIH-2006-1-003 1.2.1.3 Constitutional Justice - Types of claim - Claim by a public body - Executive bodies. RSA-2012-2-009, LTU-1995-1-001 1.2.1.7 Constitutional Justice - Types of claim - Claim by a public body - Public Prosecutor or Attorney-General. ARG-1997-3-008 1.2.1.8 Constitutional Justice - Types of claim - Claim by a public body - Ombudsman. CRC-2004-A-001 1.2.2.1 Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person. CRC-2004-A-001, FRA-2011-1-009 1.2.2.3 Constitutional Justice - Types of claim - Claim by a private body or individual - Profit-making corporate body. AUT-1995-1-001 1.2.2.5 Constitutional Justice - Types of claim - Claim by a private body or individual - Trade unions. NOR-1997-1-001 1.2.3 Constitutional Justice - Types of claim - Referral by a court. GER-1986-C-001, ITA-2006-3-003, EST-2008-2-011, LAT-2018-3-009 1.2.4 Constitutional Justice - Types of claim - Initiation ex officio by the body of constitutional jurisdiction. AUT-1998-1-002 1.3 Constitutional Justice - Jurisdiction. POL-2004-2-013, ROM-2001-2-005, ROM-2000-1-009 1.3.1 Constitutional Justice - Jurisdiction - Scope of review. SUI-1999-C-001, POL-2005-1-006, EST-2008-2-011, FRA-2013-1-001, ROM-2001-1-001 1.3.1.1 Constitutional Justice - Jurisdiction - Scope of review - Extension. EST-2009-2-007 1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review. SLO-1997-2-008 1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review. SUI-1991-C-002 1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms. SUI-1999-C-001, SUI-1999-2-006, GER-2004-3-009, FRA-2011-1-009, ITA-2019-2-009 1.3.4.3 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities. ARG-2002-1-001 1.3.4.10 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments. SUI-1999-C-001 1.3.4.11 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of constitutional revision. EST-2008-2-011 1.3.4.14 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states. AUT-1995-C-001, GER-1986-C-001, FRA-2004-2-004, FRA-2004-2-005, POL-2005-1-006, EST-2008-2-011 1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties. AUT-1995-1-001, SLO-1997-2-008, POL-2005-1-006, LIE-2008-3-005, BRA-2010-2-010, LTU-1995-1-001, CRC-2000-A-001, CRC-1995-A-001 1.3.5.2 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law. GER-1986-C-001, FRA-2010-2-001 1.3.5.2.1 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Primary legislation. POL-2005-1-006 1.3.5.2.2 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation. FRA-2004-2-004, FRA-2004-2-005, POL-2005-1-006, EST-2008-2-011, LAT-2018-3-009 1.3.5.3 Constitutional Justice - Jurisdiction - The subject of review - Constitution. BIH-2006-1-003, BIH-2006-2-005 1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law. SUI-1991-C-002, SUI-1999-C-001, SVK-1995-2-004 1.3.5.10 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive. AUT-1996-1-003, LAT-2018-3-009 1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions. SVK-2001-2-003, EST-2008-2-011 1.3.5.13 Constitutional Justice - Jurisdiction - The subject of review - Administrative acts. AUT-1997-2-004, GRE-2019-3-001 1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts. NOR-1997-1-001 1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation. NOR-2005-3-004, SLO-2005-3-003 1.4.1 Constitutional Justice - Procedure - General characteristics. SUI-1999-2-006 1.4.4 Constitutional Justice - Procedure - Exhaustion of remedies. AUT-1995-1-001 1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi. CRC-2004-A-001 1.4.9.2 Constitutional Justice - Procedure - Parties - Interest. SUI-1999-2-006 1.4.10.7 Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU. FRA-2013-1-001, SLO-2014-1-004, ITA-2019-2-009, LAT-2018-3-009 1.4.11 Constitutional Justice - Procedure - Hearing. GRE-2006-2-002 1.4.13 Constitutional Justice - Procedure - Re-opening of hearing. SUI-1994-3-011 1.5.4.5 Constitutional Justice - Decisions - Types - Suspension. BEL-1998-2-007 1.6.2 Constitutional Justice - Effects - Determination of effects by the court. EST-1998-2-004 1.6.4 Constitutional Justice - Effects - Effect inter partes. SUI-1994-3-011 1.6.5.5 Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect. GER-2018-2-022, CRC-2018-3-003 1.6.6.1 Constitutional Justice - Effects - Execution - Body responsible for supervising execution. AZE-2005-1-001 1.6.9 Constitutional Justice - Effects - Consequences for other cases. AUT-1998-1-002, AZE-2005-1-001, SLO-2005-3-003 1.6.9.1 Constitutional Justice - Effects - Consequences for other cases - Ongoing cases. SVK-2001-2-003 1.6.9.2 Constitutional Justice - Effects - Consequences for other cases - Decided cases. LIE-2007-3-003 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. NOR-1997-1-001, POL-2005-1-006, BIH-2006-1-003, BIH-2006-2-005, ITA-2006-3-003, MDA-2011-2-001, ROM-2000-1-009, CRC-2000-A-001, SUI-2013-1-002, GER-2017-3-025, ITA-2019-1-006, CRC-1995-A-001 2.1.1.1.2 Sources - Categories - Written rules - National rules - Quasi-constitutional enactments. BIH-2003-3-002, FRA-2011-1-002 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. ITA-2002-2-001, ESP-1995-3-026, AUT-1996-1-002, AUT-1998-1-002, BEL-1998-2-007, FRA-2004-2-004, FRA-2004-2-005, POL-2005-1-006, CZE-2006-2-006, ITA-2006-3-003, SLO-2014-3-013, SLO-2014-3-012, ITA-2017-2-009, GER-2017-3-025, ITA-2019-1-006, ITA-2019-2-009, CRO-2019-3-012, GER-2019-3-024, ROM-2018-2-004 2.1.1.4 Sources - Categories - Written rules - International instruments. ROM-2000-1-004, SUI-1996-2-005, ESP-1995-3-026, NOR-1997-1-001, EST-1998-2-004, GEO-1999-1-001, CZE-2004-3-013, BRA-2018-2-007, GER-2019-3-024, ROM-2018-2-004, HUN-2018-3-005 2.1.1.4.1 Sources - Categories - Written rules - International instruments - United Nations Charter of 1945. NED-2010-1-003, CRC-2004-A-001 2.1.1.4.2 Sources - Categories - Written rules - International instruments - Universal Declaration of Human Rights of 1948. SVK-1997-2-003, ARG-2002-1-001, ROM-2001-2-005 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. NOR-2001-1-003, SVK-2001-3-005, AUT-1987-C-001, SUI-1991-C-002, AUT-1996-1-002, BEL-1993-2-029, SVK-1997-2-003, CZE-1999-1-002, BIH-2003-3-002, BIH-2006-1-003, BIH-2006-2-005, LIE-2006-3-004, LIE-2007-3-003, SUI-1999-2-006, HUN-2013-3-009, LAT-1998-2-003, LTU-1995-1-001, LTU-2012-2-009, SVK-2008-2-001, SUI-2013-1-002, GER-2018-2-022, ITA-2019-2-009, BIH-2019-3-006, CRO-2019-3-013, CRO-2018-S-001, GBR-2020-3-004, HUN-2018-3-005 2.1.1.4.5 Sources - Categories - Written rules - International instruments - Geneva Convention on the Status of Refugees of 1951. MKD-2005-1-002, NOR-2015-1-001 2.1.1.4.7 Sources - Categories - Written rules - International instruments - International Convention on the Elimination of all Forms of Racial Discrimination of 1965. BIH-2006-2-005 2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966. ARG-2002-1-001, ARG-1997-3-008, ARG-1999-1-001, ROM-2001-2-005, CRC-2018-3-003 2.1.1.4.9 Sources - Categories - Written rules - International instruments - International Covenant on Economic, Social and Cultural Rights of 1966. ROM-2001-2-005, ARG-1998-2-008 2.1.1.4.10 Sources - Categories - Written rules - International instruments - Vienna Convention on the Law of Treaties of 1969. SUI-1991-C-002, SUI-1999-2-006, ARG-2002-1-001, CRC-2004-A-001 2.1.1.4.11 Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969. ARG-2002-1-001, ARG-1999-1-001, ARG-1997-3-008, ARG-1998-2-010, MEX-2010-3-025, ARG-1998-2-008, ARG-1998-2-006, CRC-1995-A-001, CRC-2018-3-003 2.1.1.4.17 Sources - Categories - Written rules - International instruments - Statute of the International Criminal Court of 1998. RSA-2014-3-014, CRC-2000-A-001 2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000. AUT-2012-2-003, ITA-2019-1-006, ITA-2019-2-009, GER-2019-3-024 2.1.1.4.19 Sources - Categories - Written rules - International instruments - International conventions regulating diplomatic and consular relations. USA-2006-2-004 2.1.2.2 Sources - Categories - Unwritten rules - General principles of law. NOR-1997-1-001, CRC-2004-A-001 2.1.3.1 Sources - Categories - Case-law - Domestic case-law. ROM-2000-1-004, RSA-2012-2-009, ROM-2001-1-001, GER-2017-3-025, GER-2019-3-024, GBR-2020-3-005 2.1.3.2 Sources - Categories - Case-law - International case-law. CRO-2019-3-013 2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights. NOR-2001-1-003, SVK-2001-2-003, SVK-2001-3-005, AUT-1987-C-001, GBR-2006-1-005, SVK-2006-2-002, LIE-2007-3-003, GER-2004-3-009, LTU-2012-2-009, ROM-2001-1-001, SVK-2008-2-001, SWE-2014-3-002, RUS-2016-1-002, RUS-2010-1-001, GBR-2008-1-001, GER-2017-3-025, GER-2018-2-022, GER-2019-3-024 2.1.3.2.2 Sources - Categories - Case-law - International case-law - Court of Justice of the European Union. AUT-1995-C-001, GER-1986-C-001, BEL-1998-2-007, POL-2005-1-006, BEL-2006-1-002, GBR-2006-1-005, SLO-2014-3-013, SLO-2014-3-012, GER-2017-3-025, ITA-2018-2-011, GER-2019-3-024, ROM-2018-2-004, LAT-2018-3-009 2.1.3.2.3 Sources - Categories - Case-law - International case-law - Other international bodies. ARG-2002-1-001, ARG-1997-3-008, ARG-1999-1-001, ARG-1998-2-010, GER-2018-2-022, CRC-1995-A-001 2.1.3.3 Sources - Categories - Case-law - Foreign case-law. ARG-1998-2-006, ROM-2000-1-009 2.2.1 Sources - Hierarchy - Hierarchy as between national and non-national sources. NOR-1997-1-001, EST-1997-2-001, GEO-1999-1-001, ROM-2001-2-005, GBR-2006-1-005, BRA-2010-2-010, MDA-2011-2-001, UKR-2016-2-004 2.2.1.1 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions. SVK-1997-2-003, ARG-2002-1-001, BEL-1993-2-029, AUT-1995-1-001, SLO-1997-2-008, ARG-1997-3-008, ARG-1999-1-001, ARG-1998-2-008, ARG-1998-2-006, CZE-2004-3-013, ARM-2002-1-001, POL-2005-1-006, BIH-2006-1-003, BIH-2006-2-005, ROM-2000-1-009, AUT-2012-2-003, RSA-2012-2-009, ARG-1998-2-010, MEX-2010-3-025, CRC-2000-A-001, FRA-2011-1-009, GER-2018-2-022, ITA-2019-1-006, BIH-2019-3-006, CRC-1995-A-001 2.2.1.2 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts. ROM-2000-1-004, ARG-2002-1-001, AUT-1995-1-001, SUI-1996-2-005, POL-2005-1-006, NOR-2005-3-004, SVK-2006-2-002, USA-2006-2-004, BIH-2009-3-003, SUI-1999-2-006, SVK-2008-2-001, NOR-2015-1-001, BRA-2018-2-007, EST-2019-3-002 2.2.1.3 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and other domestic legal instruments. EST-1998-2-004, PER-2011-3-002, RSA-2014-3-014, BLR-2019-3-004, BLR-2019-3-006, BLR-2019-3-008, BLR-2018-3-003 2.2.1.4 Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and constitutions. SUI-1989-C-001, BEL-1993-2-029, EST-1997-2-001, ITA-1999-3-009, ARM-2003-2-004, MKD-2005-1-002, BIH-2006-2-005, LIE-2006-3-004, ROM-2000-1-009, HUN-2013-3-009, GER-2004-3-009, LTU-1995-1-001, LTU-2012-2-009, ROM-2001-1-001, RUS-2016-1-002, SUI-2013-1-002 2.2.1.5 Sources - Hierarchy - Hierarchy as between national and non-national sources - European Convention on Human Rights and non-constitutional domestic legal instruments. NOR-2001-1-003, SVK-2001-2-003, SVK-2001-3-005, AUT-1987-C-001, SUI-1991-C-002, SUI-1999-C-001, SUI-1994-3-011, SVK-1995-2-004, DEN-1997-1-001, CZE-1999-1-002, BIH-2003-3-002, CZE-2006-2-008, LIE-2007-3-003, NED-2010-1-003, SUI-1999-2-006, LAT-1998-2-003, SVK-2008-2-001, RUS-2010-1-001, GBR-2001-1-007, ROM-2019-3-002, ROM-2019-3-002, HUN-2018-3-005 2.2.1.6 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law. AUT-1995-C-001, POL-2005-1-006, BEL-2006-1-002, CZE-2006-2-006, CZE-2008-1-004, FRA-2010-2-001, EST-2009-2-007, AUT-2012-2-003, GER-2017-3-025, FRA-2018-2-011 2.2.1.6.1 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions. POL-2004-2-013, POL-2004-H-002, ITA-2018-1-003, ITA-2018-2-011, CRO-2019-3-012, GER-2019-3-024 2.2.1.6.2 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and domestic non-constitutional legal instruments. ITA-2002-2-001, AUT-1997-2-004, ITA-2006-3-003, LIE-2008-3-005, ESP-2012-2-005 2.2.1.6.3 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions. GER-1986-C-001, AUT-2003-3-004, FRA-2004-2-004, FRA-2004-2-005, EST-2008-2-011, FRA-2011-1-002, ITA-2019-2-009, CRO-2019-3-012, GER-2019-3-024 2.2.1.6.4 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments. POR-1990-C-001, AUT-1996-1-002, AUT-1996-1-003, AUT-1997-2-005, POL-2004-3-021, NOR-2005-3-004, GRE-2006-2-002, EST-2007-3-004, EST-2008-2-011, CZE-2015-1-004, FRA-2018-2-011, LAT-2018-3-009 2.2.1.6.5 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law. AUT-1995-C-001, GER-1986-C-001, AUT-1998-1-002, BEL-1998-2-007, ESP-1995-3-026, ITA-2017-2-009, GER-2019-3-024, ROM-2018-2-004 2.2.2 Sources - Hierarchy - Hierarchy as between national sources. EST-1998-2-004 2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution. SUI-2013-1-002 2.2.2.1.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution - Hierarchy attributed to rights and freedoms. ROM-2001-1-001, CRC-1995-A-001, AZE-2019-S-001, GBR-2020-3-004 2.2.2.2 Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law. SUI-1999-C-001, SVK-1995-2-004, SVK-2008-2-001, ROM-2018-1-003, ROM-2019-3-002, CRC-1995-A-001, ROM-2019-3-002 2.2.3 Sources - Hierarchy - Hierarchy between sources of EU Law. AUT-2012-2-003 2.3 Sources - Techniques of review. POL-2005-1-006, BRA-2018-2-007 2.3.1 Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion. FRA-2004-2-004, GER-2017-3-025 2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation. NOR-2001-1-003, AUT-1996-1-003, AZE-2005-1-001 2.3.4 Sources - Techniques of review - Interpretation by analogy. GRE-2006-2-002 2.3.6 Sources - Techniques of review - Historical interpretation. CZE-2006-2-006 2.3.8 Sources - Techniques of review - Systematic interpretation. ARG-1997-3-008, ROM-2001-2-005 3.1 General Principles - Sovereignty. POL-2005-1-006, FRA-2004-3-010, EST-2012-3-005, FRA-2017-2-010 3.3 General Principles - Democracy. SVK-1997-2-003, LTU-1995-1-001, GBR-2008-1-001 3.3.1 General Principles - Democracy - Representative democracy. LTU-2012-2-009, EST-2012-3-005 3.4 General Principles - Separation of powers. SVK-1995-2-004, POL-2005-1-006 3.5 General Principles - Social State. BLR-2019-3-007 3.7 General Principles - Relations between the State and bodies of a religious or ideological nature. FRA-2004-3-010, GRE-2019-3-002, CRO-2018-S-002 3.9 General Principles - Rule of law. GER-1986-C-001, AUT-1995-1-001, SVK-1995-2-004, GEO-1999-1-001, EST-1997-2-001, POL-2004-3-021, POL-2005-1-006, CZE-2006-2-006, CZE-2008-1-004, GER-2004-3-009, SVK-2008-2-001, EST-2012-3-005, BLR-2019-3-004, BLR-2019-3-006, BLR-2019-3-008, CRO-2017-S-001, CRO-2017-S-001, BLR-2018-3-003 3.10 General Principles - Certainty of the law. ARG-1999-1-001, CZE-2008-1-004, LIE-2008-3-005, BLR-2019-3-004, BLR-2019-3-006, BLR-2019-3-007, BLR-2019-3-008, GRE-2019-3-003, CRO-2017-S-001, CRO-2017-S-001, BLR-2018-3-003 3.12 General Principles - Clarity and precision of legal provisions. ARG-1998-2-006, EST-2009-2-007, MDA-2011-2-001, SLO-2014-3-013, ITA-2018-2-011, EST-2019-3-002 3.13 General Principles - Legality. EST-1997-2-001, GEO-1999-1-001, POL-2004-3-021, CZE-2008-1-004, SUI-1999-2-006, ESP-2012-2-005, ITA-2018-1-003, ITA-2018-2-011 3.14 General Principles - Nullum crimen, nulla poena sine lege. ITA-2018-2-011 3.16 General Principles - Proportionality. BEL-1993-2-029, AUT-2003-3-004, POL-2004-2-013, POL-2004-3-021, POL-2004-H-002, POL-2005-1-006, BEL-2006-1-002, CZE-2008-1-004, LIE-2008-3-005, ROM-2000-1-009, SUI-1999-2-006, SLO-2014-3-012, SUI-2013-1-002, GBR-2001-1-007, GER-2018-2-022, BUL-2019-1-002, ITA-2019-1-006 3.17 General Principles - Weighing of interests. ARG-1998-2-006, CZE-1999-1-002, AUT-2003-3-004, GER-2004-3-009, LAT-1998-2-003, SUI-2013-1-002, GBR-2001-1-007, GER-2018-2-022, ITA-2019-1-006, GER-2019-3-024 3.18 General Principles - General interest. ROM-2000-1-004, AUT-2003-3-004, POL-2004-2-013, POL-2004-H-002, CZE-2008-1-004, SUI-1999-2-006, LAT-1998-2-003 3.19 General Principles - Margin of appreciation. AUT-1987-C-001, SVK-1997-2-003, GBR-2008-1-001, ROM-2018-1-003, GER-2019-3-024 3.20 General Principles - Reasonableness. BEL-1998-2-007, ROM-2001-2-005, RSA-2014-3-014, GBR-2001-1-007, ITA-2019-1-006 3.21 General Principles - Equality. ARG-1997-3-008, MDA-2011-2-001 3.22 General Principles - Prohibition of arbitrariness. GER-1986-C-001, GEO-1999-1-001, EST-2007-3-004 3.24 General Principles - Loyalty to the State. ROM-2001-2-005 3.26 General Principles - Fundamental principles of the Internal Market. GER-1986-C-001, ITA-2002-2-001, AUT-1995-1-001, AUT-1997-2-004, AUT-1996-1-003, SLO-1997-2-008, POL-2004-2-013, ITA-2006-3-003, LIE-2008-3-005, ESP-2012-2-005, SLO-2014-3-012 4.3.1 Institutions - Languages - Official language(s). ROM-2000-1-004 4.4.3.5 Institutions - Head of State - Powers - International relations. CRC-2004-A-001 4.4.4.3 Institutions - Head of State - Appointment - Direct/indirect election. BIH-2006-2-005 4.4.6.1.1.1 Institutions - Head of State - Status - Liability - Legal liability - Immunity. CRC-2000-A-001 4.4.6.1.1.3 Institutions - Head of State - Status - Liability - Legal liability - Criminal liability. CRC-2000-A-001 4.4.6.1.2 Institutions - Head of State - Status - Liability - Political responsibility. CRC-2004-A-001 4.5.2 Institutions - Legislative bodies - Powers. ROM-2000-1-009, GBR-2008-1-001 4.5.2.1 Institutions - Legislative bodies - Powers - Competences with respect to international agreements. SLO-1997-2-008, ARM-2003-2-004, FRA-2004-3-010, EST-2012-3-005 4.5.2.4 Institutions - Legislative bodies - Powers - Negative incompetence. FRA-2011-1-002 4.5.6 Institutions - Legislative bodies - Law-making procedure. FRA-2011-1-002 4.6 Institutions - Executive bodies. CRC-1995-A-001 4.6.2 Institutions - Executive bodies - Powers. ROM-2000-1-004, RSA-2014-3-014, GBR-2020-3-004, GBR-2020-3-005 4.6.3.2 Institutions - Executive bodies - Application of laws - Delegated rule-making powers. ROM-2000-1-004, EST-1998-2-004 4.6.6 Institutions - Executive bodies - Relations with judicial bodies. EST-2009-2-007 4.6.9 Institutions - Executive bodies - The civil service. GER-2018-2-017 4.6.9.1 Institutions - Executive bodies - The civil service - Conditions of access. ROM-2001-2-005 4.6.9.2 Institutions - Executive bodies - The civil service - Reasons for exclusion. ROM-2001-2-005 4.6.10.1 Institutions - Executive bodies - Liability - Legal liability. CRC-2000-A-001 4.6.10.1.3 Institutions - Executive bodies - Liability - Legal liability - Criminal liability. CRC-2000-A-001 4.7.1.1 Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction. BIH-2003-3-002, EST-2008-2-011, EST-2009-2-007 4.7.1.2 Institutions - Judicial bodies - Jurisdiction - Universal jurisdiction. RSA-2014-3-014 4.7.1.3 Institutions - Judicial bodies - Jurisdiction - Conflicts of jurisdiction. EST-2008-2-011 4.7.2 Institutions - Judicial bodies - Procedure. GER-1986-C-001, SVK-1997-2-003, LIE-2007-3-003, EST-2009-2-007, AZE-2005-1-001 4.7.4.1.6 Institutions - Judicial bodies - Organisation - Members - Status. GRE-2006-2-002 4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel. ARG-1997-3-008 4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction. ARG-1999-1-001, ARG-1997-3-008, POL-2005-1-006, USA-2006-2-004, CRC-2000-A-001, CRC-2018-3-003 4.7.7 Institutions - Judicial bodies - Supreme court. AZE-2005-1-001, ROM-2000-1-009, AZE-2013-S-001 4.7.9 Institutions - Judicial bodies - Administrative courts. GER-1986-C-001, EST-2009-2-007 4.7.12 Institutions - Judicial bodies - Special courts. CRC-2000-A-001 4.7.16.1 Institutions - Judicial bodies - Liability - Liability of the State. CZE-2006-2-008 4.8.8.3 Institutions - Federalism, regionalism and local self-government - Distribution of powers - Supervision. ARG-2002-1-001, USA-2006-2-004 4.9.2.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Effects. SUI-2013-1-002 4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system. POL-2005-1-006 4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility. ARG-2002-1-001, BIH-2006-1-003, BIH-2006-2-005 4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates. ARG-2002-1-001 4.9.9 Institutions - Elections and instruments of direct democracy - Voting procedures. CZE-1999-1-002 4.9.15 Institutions - Elections and instruments of direct democracy - Post-electoral procedures. CZE-1999-1-002 4.10.6 Institutions - Public finances - Auditing bodies. AUT-2003-3-004 4.10.7.1 Institutions - Public finances - Taxation - Principles. AUT-1998-1-002, EST-2007-3-004, ITA-2018-1-003 4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces. CRC-2004-A-001 4.11.2 Institutions - Armed forces, police forces and secret services - Police forces. BEL-1993-2-029, EST-1997-2-001, RSA-2014-3-014 4.11.3 Institutions - Armed forces, police forces and secret services - Secret services. ROM-2000-1-009 4.13 Institutions - Independent administrative authorities. FRA-2004-2-005, MKD-2005-1-002, ESP-2012-2-005, FRA-2018-2-011 4.16 Institutions - International relations. RSA-2014-3-014 4.16.1 Institutions - International relations - Transfer of powers to international institutions. POL-2005-1-006 4.17 Institutions - European Union. FRA-2017-2-010 4.17.1.5 Institutions - European Union - Institutional structure - Court of Justice of the European Union. AUT-1997-2-004, ESP-2012-2-005, FRA-2018-2-011, ROM-2018-2-004 4.17.2 Institutions - European Union - Distribution of powers between the EU and member states. POL-2005-1-006, FRA-2017-2-010 4.17.2.1 Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States. AUT-1997-2-005, AUT-1996-1-002, POL-2005-1-006 4.17.4 Institutions - European Union - Legislative procedure. FRA-2018-2-011 4.18 Institutions - State of emergency and emergency powers. ROM-2000-1-004 5.1 Fundamental Rights - General questions. ARM-2002-1-001, FRA-2004-3-010 5.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals. BIH-2006-1-003, CRC-2000-A-001 5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status. BEL-1998-2-007, SLO-1997-2-008, ESP-1995-3-026, POL-2005-1-006, LIE-2008-3-005, ROM-2018-2-004 5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners. SLO-1997-2-008, BEL-1998-2-007, ESP-1995-3-026, CZE-2004-3-013, BEL-2006-1-002, LIE-2006-3-004, RSA-2012-2-009, SVK-2008-2-001, BLR-2019-3-008, GRE-2019-3-003 5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status. MKD-2005-1-002, NOR-2015-1-001 5.1.1.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons. BEL-1993-2-029, RSA-2012-2-009 5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated. UKR-2016-2-004, GER-2018-2-022, CRO-2016-S-001 5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees. GBR-2001-1-007, ROM-2019-3-002 5.1.1.5 Fundamental Rights - General questions - Entitlement to rights - Legal persons. SLO-1997-2-008 5.1.1.5.1 Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law. GEO-1999-1-001 5.1.1.5.2 Fundamental Rights - General questions - Entitlement to rights - Legal persons - Public law. ARG-1997-3-008, SLO-2013-3-006 5.1.2 Fundamental Rights - General questions - Horizontal effects. GER-2019-3-024 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. PER-2011-3-002 5.1.4 Fundamental Rights - General questions - Limits and restrictions. SVK-1997-2-003, SUI-1999-C-001, ARG-2002-1-001, EST-1997-2-001, POL-2004-2-013, ARM-2002-1-001, ARM-2003-2-004, POL-2004-H-002, ROM-2001-2-005, POL-2005-1-006, ROM-2000-1-009, SUI-1999-2-006, MEX-2010-3-025, GER-2018-2-022 5.1.4.1 Fundamental Rights - General questions - Limits and restrictions - Non-derogable rights. ARM-2003-2-004, SVK-2008-2-001 5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation. POL-2004-3-021 5.1.4.3 Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation. NOR-2015-1-001 5.2 Fundamental Rights - Equality. ARG-1999-1-001, ITA-2006-3-003, LIE-2007-3-003, CZE-2008-1-004, LAT-1998-2-003 5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens. SUI-1991-C-002, AUT-1998-1-002, POL-2004-3-021, EST-2007-3-004, FRA-2010-2-001 5.2.1.2.2 Fundamental Rights - Equality - Scope of application - Employment - In public law. GRE-2006-2-002 5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security. ESP-1995-3-026 5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections. BIH-2006-1-003, BIH-2006-2-005 5.2.2 Fundamental Rights - Equality - Criteria of distinction. SLO-1997-2-008, FRA-2004-2-004, EST-2007-3-004 5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender. SUI-1999-C-001, GRE-2006-2-002, SLO-2014-3-012, ITA-2017-2-009, ROM-2019-3-002 5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin. BIH-2006-1-003, BIH-2006-2-005 5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality. ROM-2000-1-004, AUT-1997-2-004, EST-1998-2-004, BEL-1998-2-007, ESP-1995-3-026, POL-2004-2-013, POL-2004-H-002, ROM-2001-2-005, BEL-2006-1-002, LIE-2006-3-004, LIE-2008-3-005 5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion. GRE-2019-3-002 5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age. SLO-2014-3-012 5.2.2.9 Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation. BUL-2019-1-002 5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation. EST-2019-3-002, CRO-2018-S-001, CRC-2018-3-003 5.3 Fundamental Rights - Civil and political rights. LTU-1995-1-001 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. ARG-1998-2-006, RSA-2012-2-009, GER-2017-3-025, BUL-2019-1-002 5.3.2 Fundamental Rights - Civil and political rights - Right to life. ARM-2003-2-004, RSA-2012-2-009, CRO-2019-3-013 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. CZE-2004-3-013, RSA-2012-2-009, SVK-2008-2-001, RSA-2014-3-014, CRC-2000-A-001, GER-2017-3-025, CRO-2018-S-001 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. CZE-2004-3-013 5.3.5 Fundamental Rights - Civil and political rights - Individual liberty. POL-2004-3-021 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. UKR-2016-2-004, ROM-2019-3-002, GBR-2020-3-004, GBR-2020-3-005 5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures. GER-2018-2-022, CRO-2016-S-001 5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial. SUI-1989-C-001, ARG-2002-1-001, ARG-1999-1-001, SVK-2006-2-002 5.3.5.1.4 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Conditional release. ARG-1999-1-001 5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality. CZE-2006-2-006 5.3.9 Fundamental Rights - Civil and political rights - Right of residence. BEL-2006-1-002, ROM-2018-2-004, EST-2019-3-002 5.3.11 Fundamental Rights - Civil and political rights - Right of asylum. MKD-2005-1-002, NOR-2015-1-001 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. GER-1986-C-001, SUI-1989-C-001, SUI-1996-2-005, ARG-1998-2-008, LIE-2007-3-003, HUN-2013-3-009, ARG-1998-2-010, CRO-2016-S-002, CRO-2017-S-001 5.3.13.1.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings. FRA-2011-1-009 5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings. LIE-2008-3-005, RUS-2010-1-001, AZE-2013-S-001, AZE-2019-S-001 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. ROM-2018-1-003, BUL-2019-1-001, GRE-2019-3-003, GRE-2019-3-004 5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings. ITA-2019-2-009, GRE-2019-3-004 5.3.13.1.5 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Non-litigious administrative proceedings. ROM-2001-1-001 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. ESP-2012-2-005, FRA-2013-1-001, FRA-2013-2-004, SLO-2005-3-003, SVK-2008-2-001, GER-2018-2-022 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. SVK-2001-2-003, SVK-2001-3-005, GER-1986-C-001, AUT-1996-1-002, AUT-1997-2-005, BIH-2003-3-002, MKD-2005-1-002, LIE-2006-3-004, NED-2010-1-003, EST-2009-2-007, AZE-2005-1-001, SUI-1999-2-006, SLO-2013-3-006, LAT-1998-2-003, ROM-2001-1-001, SLO-2014-3-013, CZE-2015-1-004, SWE-2016-3-002, GBR-2001-1-007, GER-2017-3-025, SWE-2018-2-002, SWE-2019-3-004 5.3.13.3.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - Habeas corpus. GER-2018-2-022 5.3.13.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction. POR-1990-C-001, BRA-2010-2-010, SUI-1999-2-006, SLO-2013-3-006, SLO-2014-3-013, ITA-2018-1-003, CRO-2019-3-012 5.3.13.5 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Suspensive effect of appeal. SLO-2014-3-013 5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing. GER-1986-C-001, CZE-1999-1-002, SVK-2006-2-002 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. SUI-1989-C-001, ROM-2018-1-001 5.3.13.9 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public hearings. NOR-2001-1-003, GBR-2014-2-003 5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. ITA-1999-3-009, ROM-2001-1-001, SLO-2005-3-003 5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence. CRO-2019-3-012 5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality. HUN-2013-3-009, ROM-2018-1-003 5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence. SVK-2001-3-005, ITA-1999-3-009, USA-2006-2-004, ROM-2018-1-001, BUL-2019-1-002 5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. FRA-2004-2-005, SLO-2014-1-004, ROM-2018-1-003, CRO-2019-3-012 5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms. SVK-2001-3-005, ARG-1997-3-008, CZE-1999-1-002, SLO-2013-3-006, GBR-2014-2-003, ROM-2018-1-001 5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle. SVK-2001-3-005, GBR-2014-2-003, BUL-2019-1-001 5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. SUI-1991-C-002, ARG-2002-1-001, ARG-1999-1-001, BUL-2019-1-002 5.3.13.23 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent. ITA-2019-2-009 5.3.13.24 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the reasons of detention. SUI-1989-C-001 5.3.13.25 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the charges. ARG-1998-2-010 5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel. ARG-1998-2-008, GBR-2001-1-007 5.3.13.27.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel - Right to paid legal assistance. LIE-2006-3-004 5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem. CZE-2006-2-008, FRA-2004-3-010, SWE-2014-3-002, GRE-2019-3-004 5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State. BIH-2003-3-002, NOR-2005-3-004, CZE-2006-2-008, SLO-2005-3-003 5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience. GRE-2019-3-002, CRC-2018-3-003 5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion. ARG-1998-2-006 5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship. FRA-2004-3-010, CRC-2018-3-003 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. SVK-1997-2-003, BEL-1993-2-029, DEN-1997-1-001, ARG-1998-2-006, SUI-1999-2-006, GBR-2008-1-001, GER-2019-3-024, CRC-1995-A-001, CRO-2016-S-002 5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press. DEN-1997-1-001, ARG-1998-2-006, SUI-1999-2-006 5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication. FRA-2004-2-004, FRA-2004-2-005, GBR-2008-1-001 5.3.24 Fundamental Rights - Civil and political rights - Right to information. SVK-1997-2-003, POL-2004-2-013, POL-2004-H-002, ROM-2000-1-009 5.3.25 Fundamental Rights - Civil and political rights - Right to administrative transparency. ITA-2019-1-006 5.3.25.1 Fundamental Rights - Civil and political rights - Right to administrative transparency - Right of access to administrative documents. FRA-2011-1-002 5.3.27 Fundamental Rights - Civil and political rights - Freedom of association. BEL-1993-2-029, GER-2018-2-017 5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity. CZE-1999-1-002 5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation. ARG-1998-2-006, AUT-2003-3-004 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. ARG-1998-2-006, SLO-2013-3-006, SUI-2013-1-002, ROM-2018-2-004, EST-2019-3-002, GER-2019-3-024, CRO-2017-S-001 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. AUT-2003-3-004, FRA-2018-2-011, ITA-2019-1-006 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. BEL-2006-1-002, GRE-2006-2-002, GER-2004-3-009, SUI-2013-1-002, ROM-2018-2-004, EST-2019-3-002, ROM-2019-3-002, CRC-2018-3-003 5.3.33.2 Fundamental Rights - Civil and political rights - Right to family life - Succession. LAT-2018-3-009 5.3.34 Fundamental Rights - Civil and political rights - Right to marriage. EST-2019-3-002, CRC-2018-3-003 5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home. SLO-2013-3-006 5.3.36 Fundamental Rights - Civil and political rights - Inviolability of communications. SLO-2013-3-006 5.3.36.1 Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence. GBR-2001-1-007 5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications. FRA-2004-2-004 5.3.38.1 Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law. ITA-2018-2-011 5.3.38.2 Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Civil law. AZE-2013-S-001 5.3.39 Fundamental Rights - Civil and political rights - Right to property. SVK-1995-2-004, SLO-1997-2-008, GEO-1999-1-001, GBR-2006-1-005 5.3.39.1 Fundamental Rights - Civil and political rights - Right to property - Expropriation. CZE-2008-1-004, LAT-1998-2-003 5.3.39.2 Fundamental Rights - Civil and political rights - Right to property - Nationalisation. GEO-1999-1-001, LAT-1998-2-003 5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations. HUN-2018-3-005, LAT-2018-3-009 5.3.39.4 Fundamental Rights - Civil and political rights - Right to property - Privatisation. LAT-1998-2-003 5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote. CZE-1999-1-002, POL-2005-1-006, BIH-2006-1-003, RUS-2016-1-002, GER-2019-2-010 5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election. ARG-2002-1-001, POL-2005-1-006, BIH-2006-1-003, BIH-2006-2-005, LTU-2012-2-009, MEX-2010-3-025, GER-2019-2-010 5.3.41.5 Fundamental Rights - Civil and political rights - Electoral rights - Direct / indirect ballot. GER-1986-C-001 5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation. SUI-1991-C-002, AUT-1998-1-002, EST-2007-3-004 5.3.43 Fundamental Rights - Civil and political rights - Right to self fulfilment. POL-2004-3-021, CRC-2018-3-003 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. BLR-2019-3-007, ROM-2019-3-002 5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities. ROM-2000-1-004, CRC-2018-3-003 5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education. AUT-1997-2-004, BEL-1998-2-007, GRE-2019-3-002 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. POL-2004-H-002, ROM-2001-2-005, MDA-2011-2-001, ITA-2017-2-009, BUL-2019-1-002, CRC-1995-A-001 5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. EST-1998-2-004 5.4.5 Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration. ITA-2002-2-001, ITA-2006-3-003 5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. POL-2004-2-013, POL-2004-H-002, FRA-2010-2-001, PER-2011-3-002, SLO-2013-3-006, GER-2019-3-024 5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection. POL-2004-2-013, POL-2004-H-002, BRA-2018-2-007 5.4.8 Fundamental Rights - Economic, social and cultural rights - Freedom of contract. FRA-2004-2-005 5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service. ROM-2001-2-005 5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike. NOR-1997-1-001, GER-2018-2-017 5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions. GEO-1999-1-001 5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing. AZE-2013-S-001 5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security. BUL-2019-1-002 5.4.15 Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits. HUN-2018-3-005 5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension. SUI-1994-3-011, ITA-2017-2-009 5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions. GRE-2006-2-002 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. FRA-2010-2-001, PER-2011-3-002 5.5.1 Fundamental Rights - Collective rights - Right to the environment. FRA-2017-2-010, BLR-2019-3-006 5.5.3 Fundamental Rights - Collective rights - Right to peace. CRC-2004-A-001
Administration, appeals, internal
ROM-2001-1-001 Administrative sanctions, sanctions of "punitive" nature
ITA-2019-2-009 Administrative, sanction, violation
ESP-2012-2-005 Admission, prerequisite
SVK-2001-2-003 Advertising, commercial
FRA-2004-2-005 Algorithms, basis, administrative decision
FRA-2018-2-011 Aliens, personality
GER-2004-3-009 Alternative sanctions
RUS-2016-1-002 American Convention on Human Rights, purpose
ARG-1997-3-008 American Court of Human Rights
ARG-1997-3-008 Animal rights
GBR-2008-1-001 Appeal court, procedure
SVK-2001-3-005 Appeal, competent court
CRO-2019-3-012 Appeal, time limit for a court decision
CRO-2019-3-012 Arbitration, compulsory
NOR-1997-1-001 Arbitration, court
FRA-2017-2-010 Armed conflict, abstention
CRC-2004-A-001 Asylum, emergency procedure
MKD-2005-1-002 Asylum, refusal, right to appeal
MKD-2005-1-002, SLO-2014-3-013 Asylum, request, apparently unfounded
MKD-2005-1-002 Asylum, request, refusal
MKD-2005-1-002 Authorisation
ESP-2012-2-005 Bail, release
ARG-1999-1-001 Basic Law, openness to international law
GER-2018-2-017 Best interests of the child, parental care
ROM-2019-3-002 Betting, collection, prohibition
ITA-2002-2-001 Betting, discrimination
ITA-2006-3-003 Bio-component
POL-2004-H-002 Broadcasting, access, online
GER-2019-3-024 Business, foreign, EU
ITA-2002-2-001 Capacity, legal
GER-2018-2-022 Capacity, mental
GER-2018-2-022 Car, insurance, harmonisation
NOR-2005-3-004 Care, psychiatric
UKR-2016-2-004 Child, best interest
GER-2004-3-009, BLR-2019-3-007 Child, care, leave, conditions
GRE-2006-2-002 Child, custody, international treaties, family law
GER-2004-3-009 Child, parent, right to contact with child
GER-2004-3-009 Citizenship, cantonal and municipal, acquisition
SUI-1999-C-001 Civil Code, application
AZE-2019-S-001 Civil procedure
RUS-2010-1-001 Civil proceedure
ITA-1999-3-009 Civil servant, right and obligation
GER-2018-2-017 Civil servant, right to strike, discrimination
GER-2018-2-017 Civil service, requirement, specific
ROM-2001-2-005 CJEU preliminary decision
AUT-1997-2-005 CJEU, referral of a preliminary question
AUT-1995-C-001 CJEU, Court of Justice of the European Communities, sole jurisdiction
AUT-1995-C-001 CJEU, duty to respect national legal systems
POL-2005-1-006 CJEU, obligation
AUT-1997-2-004 CJEU, preliminary application, obligation
AUT-1997-2-004 Classified information, access
ROM-2018-1-001 Common Law, rights
GBR-2001-1-007 Communication, audiovisual
FRA-2004-2-005 Communication, electronic
FRA-2004-2-005 Community law, application by Member States
EST-2008-2-011 Community law, application, national courts
GER-1986-C-001 Community law, Constitution, conflict, consequences
POL-2005-1-006 Community law, directly applicable
AUT-1998-1-002 Community law, interpretation
POR-1990-C-001 Community law, interpretation, uniform
GER-1986-C-001, CZE-2006-2-006 Community law, national court, direct application
ITA-2006-3-003 Company, buy out, forced
CZE-2008-1-004 Company, share, offer to buy, obligatory
CZE-2008-1-004 Company, shareholder, rights
CZE-2008-1-004 Compensation
GEO-1999-1-001 Compensation for damage, limitation
BRA-2018-2-007 Compensation, determination
LAT-1998-2-003 Confinement
GER-2018-2-022 Conflict of laws
LIE-2006-3-004 Constitution, living
CRC-2004-A-001 Constitution, supremacy
LTU-2012-2-009 Constitutional Court, CJEU, relations
AUT-1995-C-001 Constitutional Court, legislative role
ROM-2001-1-001 Constitutional doctrine, overruling
LTU-2012-2-009 Constitutional identity
FRA-2017-2-010 Constitutional jurisdiction, subsidiarity
SVK-2001-2-003 Constitutional justice, diffuse control
EST-2009-2-007 Constitutional justice, individual access
FRA-2011-1-009 Constitutional review, international treaties, preventive
SLO-1997-2-008 Constitutional review, proceeding, limits
EST-1997-2-001 Constitutionality, priority question of, effectiveness, procedure
FRA-2011-1-009 Consular assistance, right
USA-2006-2-004 Consumer protection, international treaty, conflict
BRA-2018-2-007 Contamination, radioactive, affected areas
BLR-2019-3-006 Contract, award
AUT-1996-1-002 Contract, award, Community law
AUT-1997-2-005 Contract, award, federal department
AUT-1997-2-005 Conviction, criminal
SUI-2013-1-002, DEN-1997-1-001 Co-operation, judicial, international
SUI-1996-2-005 Court costs, security, discrimination
LIE-2008-3-005 Court of Audit, competences
AUT-2003-3-004 Court of Justice of the EU
SLO-2014-1-004 Court of Justice of the European Union, preliminary question, referral, obligation
CZE-2015-1-004 Court of Justice of the European Union, preliminary ruling
LAT-2018-3-009 Court of Justice of the European Union, preliminary ruling, duty of referral
GER-2017-3-025 Court session, public, tape recording, right
SVK-1997-2-003 Crime, international, committed abroad
RSA-2014-3-014 Criminal code, limitation period
ITA-2018-2-011 Criminal justice system, function, EU Member States
GER-2017-3-025 Criminal law, fiscal
SUI-1991-C-002 Criminal law, interpretation
NOR-2015-1-001 Criminal law, VAT fraud
ITA-2018-2-011 Criminal procedure, hearing
NOR-2001-1-003 Criminal proceedings
ROM-2018-1-001 Criminal prosecution
CZE-2006-2-006 Custodial sentence
RUS-2016-1-002 Customary international law, application
RSA-2014-3-014 Damage, compensation, public procurement
CRO-2019-3-012 Damage, compensation, scope
CZE-2006-2-008 Damage, immaterial, compensation
CZE-2006-2-008 Damages
AUT-1997-2-005 Damages, civil wrong
GBR-2020-3-004 Data protection, law, compliance
GBR-2020-3-005 Data protection, media privilege, scope
GER-2019-3-024 Death penalty, abolition
ARM-2003-2-004, BIH-2019-3-006 Death penalty, imposition
GBR-2020-3-005 Death penalty, non-imposition, guarantee
RSA-2012-2-009 Death penalty, obtaining assurances against imposition
RSA-2012-2-009 Decision, judicial
RUS-2010-1-001 Defence, effective
ARG-1998-2-008 Delay, undue, compensation
CZE-2015-1-004 Deportation, receiving state, assurances
RSA-2012-2-009 Detainee, right to be heard
SVK-2006-2-002 Detention conditions, prison, personal space
GER-2017-3-025 Detention pending trial, extension, demand
SUI-1989-C-001 Detention, duration, prolongation
SVK-2006-2-002 Detention, foreigner, pending deportation
BLR-2019-3-008 Digital economy
FRA-2004-2-004 Diploma, change of data, name and sex
CRO-2017-S-001 Directive, transposition
FRA-2010-2-001 Disability, mental
GER-2018-2-022 Disability, persons, rights
GER-2018-2-022 Disabled parking permit, appeal against grant
SWE-2016-3-002 Disabled person, social assistance, entitlement
HUN-2018-3-005 Disclosure, files, access
ROM-2000-1-009 Discrimination
GER-2019-2-010 Discrimination, foreigners
LIE-2008-3-005, SLO-1997-2-008 Discrimination, indirect
LIE-2008-3-005, AUT-1997-2-004 Discrimination, justification
SLO-2014-3-012 Discrimination, national
BIH-2006-1-003 Dismissal on grounds of age
SLO-2014-3-012 Dubio pro homine, principle
MEX-2010-3-025 Dubio pro libertate, principle
MEX-2010-3-025 Eco-point system
AUT-1997-2-005 Education, higher
ROM-2000-1-004 Education, public, religion, encouragement by the State
GRE-2019-3-002 Education, religion, kindergarten, free choice
CRO-2018-S-002 Education, religion, school subject, optional
CRO-2018-S-002 EEA, directive, transposition, failure, state liability
NOR-2005-3-004 Effective remedy, right to be informed
GER-2018-2-022 Election, candidacy, restriction
BIH-2006-1-003 Election, candidate, condition
ARG-2002-1-001 Election, constitutional requirement
MEX-2010-3-025 Election, ineligibility, discrimination, ethnic
BIH-2006-2-005 Election, unfair
CZE-1999-1-002 E-mail, nature
FRA-2004-2-004 Emergency, order
ROM-2000-1-004 Employee, unfair treatment
GER-2019-3-024 Employer, right of personality, protection
GER-2019-3-024 Employment law
MDA-2011-2-001 Employment, job-creating measure
POL-2004-2-013 Employment, public, retirement, age, gender, discrimination
ITA-2017-2-009 Employment, termination, discrimination
SLO-2014-3-012 Employment, treatment, female workers, equal pay
ITA-2017-2-009 Enrolment fee
BEL-1998-2-007 Environment, protection
POL-2004-2-013 Environmental Charter
FRA-2011-1-002 Equal treatment, unequal situations
EST-2007-3-004 EU fundamental rights, application, constitutional court
GER-2019-3-024 EU law, implementation, leeway to design
GER-2019-3-024 EU, accession, constitutional basis
POL-2005-1-006 EU, citizen, status
BEL-2006-1-002 EU, membes states, mutual trust
CZE-2006-2-006 EU, national, citizen, reverse discrimination
POL-2004-2-013 EU, national, reverse discrimination
POL-2004-H-002 EU, nationals of other member states, rights
BEL-2006-1-002 EU, powers, limits
POL-2005-1-006 EU, subsidiarity, duty to respect
POL-2005-1-006 EU, supranational character
POL-2005-1-006 European Arrest Warrant
CZE-2006-2-006, FRA-2013-2-004, FRA-2013-1-001, GER-2017-3-025 European Arrest Warrant, criminal procedure, international law
GRE-2019-3-003 European Communities, directive, transposition
FRA-2004-2-004, FRA-2004-2-005 European Communities, powers, limits
POL-2005-1-006 European Convention on Human Rights, compatibility with Constitution
LTU-1995-1-001 European Convention on Human Rights, guideline for the interpretation of the Basic Law
GER-2018-2-017 European Court of Human Rights, case-law, guideline for the interpretation of the Basic Law
GER-2018-2-017 European Court of Human Rights, complaint, proceedings, parallel
SVK-2001-2-003 European Court of Human Rights, decision, national law, effects
GER-2004-3-009 European Court of Human Rights, decision, national, reopening
LIE-2007-3-003 European Court of Human Rights, judgment, binding effect
LIE-2007-3-003 European Court of Human Rights, judgment, execution
LIE-2007-3-003 European Economic Area, discrimination, foreigners
LIE-2008-3-005 European Stability Mechanism, treaty
EST-2012-3-005 European Union
LAT-2018-3-009 European Union, Charter of Fundamental Rights
AUT-2012-2-003 European Union, Constitution, international treaty, nature
FRA-2004-3-010 European Union, Court of Justice, preliminary request, national court, obligation to refer
ITA-2018-2-011 European Union, financial interests of the Member State
ITA-2018-2-011 European Union, fundamental rights, Charter
FRA-2004-3-010 European Union, law, interpretation, preliminary ruling, Court of Justice of the European Union
ITA-2017-2-009 European Union, law, primacy
FRA-2004-3-010, ITA-2017-2-009 European Union, regulation, internal law, adaptation
FRA-2018-2-011 Evidence, admissibility
USA-2006-2-004 Evidence, exclusion, rule
USA-2006-2-004 Evidence, witness, written statement
SVK-2001-3-005 Exceptional case, objective character
ROM-2000-1-004 Exclusion from voting rights
GER-2019-2-010 Expectation, legitimate
LAT-2018-3-009 Expulsion, remedy, effective
SLO-2014-3-013 Expulsion, safe third country
SLO-2014-3-013 Extradition
CZE-2006-2-006, ARG-1998-2-010 Extradition, assurance by receiving state
RSA-2012-2-009 Extradition, assurances, receiving state
GER-2017-3-025 Extradition, competence
SVK-2008-2-001 Extradition, foreigner, procedure, human rights
GRE-2019-3-003 Extradition, information about receiving state
CZE-2004-3-013, SVK-2008-2-001 Extradition, safeguard, against death sentence
RSA-2012-2-009 Extradition, surrender, order of priority
GRE-2019-3-003 Extradition, torture
CZE-2004-3-013, SVK-2008-2-001 Fair trial, closed material proceedings
GBR-2014-2-003 Federal law, constitutionality
SUI-1999-C-001 Final judgment
SUI-1994-3-011 Foreigner
EST-1998-2-004 Foreigner, asylum, residence permit
SUI-2013-1-002 Foreigner, consular assistance, right
USA-2006-2-004 Foreigner, deportation
RSA-2012-2-009, SUI-2013-1-002 Foreigner, detention
USA-2006-2-004 Foreigner, difference in treatment
LIE-2006-3-004 Foreigner, discrimination
LIE-2008-3-005 Foreigner, family reunion
BEL-2006-1-002 Foreigner, freedom of movement
BEL-2006-1-002 Foreigner, marriage, to other foreigner lawfully residing in the territory
BEL-2006-1-002 Foreigner, residence, illegal
BEL-2006-1-002 Foreigner, stay, illegal
RSA-2012-2-009 Foreigner, undesirable
SUI-2013-1-002 Formalism, excessive
CRO-2017-S-001 Freedom of enterprise
FRA-2010-2-001 Freedom of enterprise, restriction
PER-2011-3-002 Fuel, bio-components, obligation to sell
POL-2004-2-013 Fundamental right, more favourable protection
ARM-2002-1-001, SUI-1989-C-001 Fundamental rights
AUT-1987-C-001 Fundamental rights, hierarchy
AUT-2012-2-003 Gambling, discrimination
ITA-2006-3-003 Gambling, internet
FRA-2010-2-001 General interest, safety, psychiatric institutions
GER-2018-2-022 General right of personality, informational self-determination
GER-2019-3-024 General right of personality, statements relating to one’s person, protection
GER-2019-3-024 Good faith, principle
ARG-2002-1-001 Government official, extradition
CRC-2000-A-001 Government official, immunity
CRC-2000-A-001 Health protection
PER-2011-3-002 Health, protection, workplace
PER-2011-3-002 Health, public
PER-2011-3-002 Hospitalisation, voluntary, consent
UKR-2016-2-004 Human dignity
ARG-1998-2-006 Human right, scope of application
RSA-2012-2-009 Human rights treaties, states
BRA-2010-2-010 Human rights, domestic protection
LTU-1995-1-001 Human rights, international protection
LTU-1995-1-001 Identity document
EST-1998-2-004 Identity, verification
NOR-2015-1-001 ILO, Convention no. 087
NOR-1997-1-001 ILO, Convention no. 098
NOR-1997-1-001 ILO, Convention no. 108
EST-1998-2-004 Impairment, psychological
GER-2018-2-022 Impeachment
LTU-2012-2-009 Implementation, law
EST-2019-3-002 Import licence, third country
GER-1986-C-001 Import, measure having equivalent effect
POL-2004-H-002 Imprisonment, false, unlawful
GBR-2020-3-004 Imprisonment, pregnancy
ROM-2019-3-002 In forma pauperis appeal
ARG-1998-2-008 Incapable person
UKR-2016-2-004 Information, restriction
NED-2010-1-003 Inheritance, right
LAT-2018-3-009 Institution, public image
BUL-2019-1-002 Insurance, disability
SUI-1994-3-011 Insurance, social, state
MDA-2011-2-001 Inter-American Court, decision
CRC-1995-A-001 International case-law, United Nations Special Rapporteur, torture and other cruel, inhuman or degrading treatment
GER-2018-2-022 International Criminal Court, Rome Statute, ratification
CRC-2000-A-001 international law, constitutional rank
CRC-2000-A-001 International law, domestic law, relationship
SUI-1991-C-002, BIH-2009-3-003 International law, national law, relationship
NOR-2015-1-001 International law, pre-eminence
ROM-2001-2-005, SUI-1999-2-006 International law, priority
NOR-2015-1-001 International law, status
SVK-1997-2-003 International obligations, same-sex marriage
CRC-2018-3-003 International public order
ARG-1998-2-010 Internet, host, civil and criminal liability
FRA-2004-2-004 Internet, information, access
GER-2019-3-024 Internet, law
FRA-2004-2-004 Internment, psychiatric, duration
CRO-2016-S-001 Internment, psychiatric, expert medical opinion, new, necessity
CRO-2016-S-001 Internment, psychiatric, judicial review
CRO-2016-S-001 Interpretation
AUT-1987-C-001 Investigation, criminal
CRO-2018-S-001, CRO-2019-3-013 Investigation, effective, requirement
CRO-2018-S-001, CRO-2019-3-013 Investigation, preliminary
ITA-1999-3-009 Investigative jurisdiction
RSA-2014-3-014 Journalist, non-affiliated, profession, exclusion
CRC-1995-A-001 Judge, administrative role
GRE-2019-3-001 Judge, appointment
GRE-2019-3-001 Judge, duty to respect international law
GER-2004-3-009 Judge, on-call duty
GER-2018-2-022 Judge, promotion
GRE-2019-3-001 Judge, status, male, child, leave, special
GRE-2006-2-002 Judgment, execution, law
RUS-2010-1-001 Judgment, review
LIE-2007-3-003 Judicial case, transfer
HUN-2013-3-009 Judicial review, Council of State
GRE-2019-3-003 Jurisdiction, universal, limiting principles
RSA-2014-3-014 Language, education
ROM-2000-1-004 Law, constitutionality, doubt, constitutional review, obligatory, judicial activism
EST-2009-2-007 Law, domestic, interpretation sympathetic to European law, limits
POL-2005-1-006 Law, national, application
AUT-1998-1-002 Law, normativeness
FRA-2010-2-001 Lawful judge, principle
HUN-2013-3-009 Lawful judge, right, violation
GER-2017-3-025 Leave, entitlement
GRE-2006-2-002 Legal aid
EST-2009-2-007 Legal aid, equal access
LIE-2006-3-004 Legal aid, free
LIE-2006-3-004 Legal person
SLO-2013-3-006 Legal professional privilege
GBR-2001-1-007 Liberty, deprivation and restriction, distinction
GER-2018-2-022 Living space, right of use
AZE-2013-S-001 Loyalty, to the nation, citizen, obligation
ROM-2001-2-005 Market Abuse
ITA-2019-2-009 Measure, protective
ARG-1999-1-001 Media, advertising, political, prohibition
GBR-2008-1-001 Media, audiovisual council, decision, reason
FRA-2004-2-005 Media, pluralism, concentration, rules
FRA-2004-2-005 Media, press, criminal offence, limitation period, reply, time-limit
FRA-2004-2-004 Media, programmes, local
FRA-2004-2-005 Media, telecommunications regulatory authority, powers
FRA-2004-2-005 Media, television, free, service, operator
FRA-2004-2-005 Mental illness
GER-2018-2-022 Message, on paper, electronic, arrangements for reply
FRA-2004-2-004 Misdemeanour, sanction
CRO-2016-S-002 Mutual assistance between States, criminal investigation or proceedings
GBR-2020-3-005 Mutual legal assistance, EU Member States
GER-2017-3-025 Mutual recognition, EU Member States
GER-2017-3-025 Mutual recognition, principle
GRE-2019-3-003 Mutual trust, EU Member States
GER-2017-3-025 National of European Union member state
BEL-1998-2-007 National, extradition
CRC-2000-A-001 Ne bis in idem, tax offence
SWE-2014-3-002 Neutrality, active
CRC-2004-A-001 Neutrality, permanent
CRC-2004-A-001 Neutrality, unarmed
CRC-2004-A-001 Neutrality, unilateral declaration
CRC-2004-A-001 Normative act, quality
GEO-1999-1-001 Norms, national, international, interaction
LTU-1995-1-001 Obligation, international
NOR-1997-1-001 Obligation, international, conflict
CZE-2004-3-013 Obligation, international, state
SVK-2008-2-001 Officer, salary, data, publication
AUT-2003-3-004 Ordinance, provisional
NOR-1997-1-001 Pacta sunt servanda
ARM-2002-1-001 Pacta sunt servanda, principle
BIH-2009-3-003 Parental duties, avoidance
BLR-2019-3-007 Peace, constitutional value
CRC-2004-A-001 Peace, obligation, international
CRC-2004-A-001 Pension
SUI-1994-3-011 Pension, entitlement
LAT-2018-3-009 Pension, survivor
LAT-2018-3-009 Personal data, automated processing
FRA-2018-2-011 Personal data, publication, public managers
ITA-2019-1-006 Personality, free development
PER-2011-3-002 Physical restraints, justification, danger to oneself or others
GER-2018-2-022 Physical restraints, patients, psychiatry
GER-2018-2-022 Physical restraints, use, judicial order, statutory basis
GER-2018-2-022 Physical restraints, use, judicial order, undue delay
GER-2018-2-022 Place of work, right to choose
EST-1998-2-004 Popular initiative
SUI-2013-1-002 Positive obligation, investigation
CRO-2019-3-013 Postal communication, regulation
BLR-2019-3-004 Precaution, principle
FRA-2017-2-010 Precautionary principle
FRA-2011-1-002 Precedent, judicial
RSA-2012-2-009 Preliminary question, condition
POR-1990-C-001, CZE-2015-1-004 Preliminary question, purpose
POR-1990-C-001 Preliminary ruling, referral
AUT-1996-1-002 Pressing social need, advertising, prohibition
GBR-2008-1-001 Principle, non bis in idem
GRE-2019-3-004 Principle, legality, primacy
ESP-2012-2-005 Prison, rules
GBR-2001-1-007 Prisoner, remand, electoral rights
ARG-2002-1-001 Privacy
SLO-2013-3-006 Privacy, fiscal data of public managers, publication
ITA-2019-1-006 Procedural costs, discrimination
LIE-2008-3-005 Procedural ruling
SVK-1997-2-003 Procedure, costs, advance
LIE-2008-3-005 Proceedings, punitive measure
ARG-1999-1-001 Proceedings, reopening, ground
AZE-2005-1-001 Prohibition on the retroactivity of harsher punishments of criminal law
ITA-2018-2-011 Propaganda, material, confiscation
SUI-1999-2-006 Property relations
AZE-2019-S-001 Property, illegally occupied
GBR-2006-1-005 Property, possession
GBR-2006-1-005 Property, protection
SLO-1997-2-008 Property, public
GBR-2006-1-005 Property, right to dispose
GEO-1999-1-001 Property, right, restriction
LAT-2018-3-009 Prosecution structures, creation
ROM-2018-1-003 Prosecution, unjustified
NOR-2001-1-003 Psychiatric hospitals
GER-2018-2-022 Public finance, sales tax
EST-2007-3-004 Public office, suspension
BUL-2019-1-002 Public order
FRA-2010-2-001, EST-1997-2-001 Public procurement
EST-2008-2-011 Public procurement, dispute, settlement, procedure
EST-2009-2-007 Public procurement, legislative model
CRO-2019-3-012 Punishment, cruel, inhuman or degrading
RSA-2012-2-009 Quantitative restriction
POL-2004-H-002 Quota
AUT-1997-2-004 Real estate
LAT-1998-2-003 Real estate, damage
BIH-2003-3-002 Real estate, foreigner
SLO-1997-2-008 Reciprocity, requirement, human rights, violation
LIE-2006-3-004 Regular courts, margin of appreciation, limits
GER-2017-3-025 Regulating authority
FRA-2010-2-001 Regulation
EST-1998-2-004 Regulation, scope
AUT-1996-1-003 Re-interpretation
LTU-2012-2-009 Relationship, National constitutional courts, Court of Justice of the European Union
ITA-2019-2-009 Release, pending trial
SVK-2006-2-002 Religion, compulsory subject
GRE-2019-3-002 Religion, education, neutrality of the State
GRE-2019-3-002 Religion, education, option
GRE-2019-3-002 Religion, education, orthodox, compulsory
GRE-2019-3-002 Religion, education, participation of children of other denomination
GRE-2019-3-002 Religion, education, publicly-funded school
GRE-2019-3-002 Religion, encouragement by the state
GRE-2019-3-002 Religion, instruction, level, differentiation
GRE-2019-3-002 Remedy, violation, constitutional right
AZE-2005-1-001 Res judicata
LIE-2007-3-003 Restriction, rights, freedoms
UKR-2016-2-004 Revision of judgment
SUI-1994-3-011 Revision, ground
SUI-1994-3-011 Right of rectification
ARG-1998-2-006 Right of reply
ARG-1998-2-006 Right to appeal
SWE-2019-3-004, SWE-2018-2-002 Right to appeal, constitutional states
BRA-2010-2-010 Right to be forgotten
GER-2019-3-024 Right to effective judicial protection
SLO-2014-1-004 Right to information, condition
SVK-1997-2-003 Right to information, exception
SVK-1997-2-003 Right to life, scope
RSA-2012-2-009 Rule, conflict of laws
BRA-2018-2-007 Same-sex relationships
EST-2019-3-002 Sanction, disciplinary
EST-1997-2-001 Sanction, tax evasion, administrative, criminal
GRE-2019-3-004 Sanction, twofold, tax, customs duty, violation
GRE-2019-3-004 Seafarers
EST-1998-2-004 Seafarers, certificate
EST-1998-2-004 Search engine, de-referencing
GER-2019-3-024 Search warrant, judicial
SLO-2013-3-006 Search, order
SLO-2013-3-006 Seclusion, patients, psychiatry
GER-2018-2-022 Security for costs
LIE-2008-3-005 Security, external and internal
SUI-1999-2-006 Security, national
SUI-1999-2-006 Security, national, court hearing, material presented, limitation
GBR-2014-2-003 Sedation, patients, psychiatry
GER-2018-2-022 Seller, cash-register, obligatory
POL-2004-3-021 Sentence, execution, postponement
ROM-2019-3-002 Separation, Church, State, principle
CRO-2018-S-002 Service, provision
ITA-2002-2-001 Sex, change, confidentiality
CRO-2017-S-001 Social assistance
MDA-2011-2-001 Soft law, domestic rule of law
CRC-2000-A-001 Specialised courts
BUL-2019-1-001 Sport competition, disorder, incitement of hatred
CRO-2016-S-002 Spouse, meaning
ROM-2018-2-004 State Land Service
LAT-1998-2-003 State social insurance contributions
AZE-2019-S-001 State, liability
EST-2019-3-002 State, liability, pecuniary
CZE-2006-2-008 State, powers, transfer
FRA-2004-3-010 Statutory basis, requirement, constitutional law
GER-2018-2-022 Strike, prohibition
NOR-1997-1-001 Student, foreign
BEL-1998-2-007 Subject of review, EU law, domestic application
GER-2019-3-024 Suffrage, universal
GER-2019-2-010 Tax offence, criminal punishment
SWE-2014-3-002 Tax offence, indictment, retrial
SWE-2014-3-002 Tax offence, surcharges
SWE-2014-3-002 Tax system, progressive taxation
ITA-2018-1-003 Tax, assessment, objection
EST-2007-3-004, ROM-2001-1-001 Tax, burden, equality
EST-2007-3-004 Tax, fine, heir, liability
SUI-1991-C-002 Tax, rate
EST-2007-3-004 Tax, value added, assessment
POL-2004-3-021 Tax, value added, equality
EST-2007-3-004 Taxation, legislative discretion
ITA-2018-1-003 Teaching, art
BEL-1998-2-007 Temporary residence permit
EST-2019-3-002 Tender, public, conditions
EST-2008-2-011 Tobacco, product
PER-2011-3-002 Torture, committed abroad, investigation
RSA-2014-3-014 Torture, police interrogation
CRO-2018-S-001 Trade treaty
FRA-2017-2-010 Trade union, member, contribution
GEO-1999-1-001 Transgender
CRO-2017-S-001 Transit of good by road and by rail
AUT-1995-1-001 Transparency, public administration
ITA-2019-1-006 Transport, international, civil liability
BRA-2018-2-007 Transport, passenger, private
BRA-2018-2-007 Traveller, camp site
GBR-2006-1-005 Treaty
USA-2006-2-004 Treaty on human rights, direct applicability
CZE-1999-1-002 Treaty, compatibility
BLR-2018-3-003 Treaty, domestication
RSA-2014-3-014 Treaty, effect in domestic law
BIH-2009-3-003, BLR-2018-3-003 Treaty, human rights, direct applicability
ARM-2002-1-001 Treaty, human rights, primacy
CZE-2004-3-013 Treaty, international
BLR-2018-3-003 Treaty, international, conflict
LTU-2012-2-009 Treaty, international, direct applicability
BIH-2003-3-002 Treaty, international, law, conflict
BRA-2018-2-007 Treaty, international, primacy
SUI-1996-2-005 Treaty, international, ratification
SLO-1997-2-008 Treaty, on human rights, direct applicability
SVK-2008-2-001 Treaty, ratification
MEX-2010-3-025 Trial in absentia
ARG-1998-2-010 Trial, excessive length, remedy after termination of procedure
SLO-2005-3-003 Unconstitutional state of affairs, legislation, exhortation
CRC-2018-3-003 Unconstitutionality, declaration, non-compatibility with the ECHR
GBR-2001-1-007 Unemployment
ESP-1995-3-026 United Nations Convention on the Rights of Persons with Disabilities
GER-2018-2-022 United Nations, peace-keeping force, immunity from jurisdiction
BIH-2003-3-002 University, admission
AUT-1997-2-004 University, admission, baccalaureate
AUT-1997-2-004 Use of Executive Powers
GBR-2020-3-004 Victim, damage, fair compensation
BRA-2018-2-007 Vienna Convention on Consular Relations, effectiveness
USA-2006-2-004 War crime
CRO-2019-3-013 War, declaration
CRC-2004-A-001 Warsaw Convention of 1929
BRA-2018-2-007 Water, natural mineral, container
AUT-1996-1-003