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e-Bulletin on Constitutional Case-Law
Special collection of cases related to CODVID-19
As a result of the Covid-19 pandemic, governments across the world have taken exceptional measures to slow the spread or “flatten the curve” of this virus. These exceptional measures are needed but must have clear limits. The Venice Commission has analysed limits to such measures on numerous occasions and has consistently emphasised that State security and public safety can only be effectively guaranteed in a democracy that fully respects the rule of law.
In April 2020, the Venice Commission’s Scientific Council prepared a compilation of the Commission’s general reports and country-specific opinions on constitutional provisions and legislation on emergency situations. In addition, the Secretariat of the Venice Commission has gathered information on this issue from contributions made by its members and completed it with information gathered from other sources, including academic articles, legal blogs, official information from websites and so on.
In order to bring all this information together, the Venice Commission’s Secretariat has created an Observatory on Emergency Regimes, which can be found here:
https://www.venice.coe.int/WebForms/pages/?p=02_EmergencyPowersObservatory
The Observatory on Emergency Regimes also includes a list of the relevant case-law on this issue taken from the Venice Commission’s CODICES database. You will find the list of these cases below.
This list will be updated on a regular basis. To this end, liaison officers are invited to consult this list and inform the Secretariat if they wish to add other cases to it or if they find errors or inaccuracies.
ARG-2020-1-001 a) Argentina / b) Supreme Court / c) / d) 24.04.2020 / e) CSJ 353/2020/CS1 / f) Fernández de Kirchner, Cristina en carácter de Presidenta del Honorable Senado de la Nación s/ acción declarativa de certeza /
The Judiciary can only review the legislative procedure, its compliance with the requirements for the creation of laws and its accordance with the legal order once the law has been enacted, but not before. Besides, it has not been granted the authority to analyse the constitutionality of regulations, to deliver abstract interpretations, or to issue merely theoretical or consultative rulings.
The... Read more
1.2.1.1
Constitutional Justice - Types of claim - Claim by a public body - Head of State.
1.3.5.9
Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules.
1.5.3
Constitutional Justice - Decisions - Form.
4.5.2
Institutions - Legislative bodies - Powers.
4.5.2.1
Institutions - Legislative bodies - Powers - Competences with respect to international agreements.
4.5.2.2
Institutions - Legislative bodies - Powers - Powers of enquiry.
4.5.2.3
Institutions - Legislative bodies - Powers - Delegation to another legislative body.
4.5.6
Institutions - Legislative bodies - Law-making procedure.
COVID-19, pandemic / Parliament, virtual sessions.
AUT-2020-2-002 a) Austria / b) Constitutional Court / c) / d) 14.07.2020 / e) V 363/2020 / f) /
COVID-19 regulation of 15 March 2020, Federal Law Gazette II no. 98/2020 (as amended), according to which the entry into public places was generally forbidden for the purpose of preventing the spread of COVID-19, was unlawful because it lacked a clear legal authorisation expressly providing for such a far-reaching interference with the right to free movement.
The legal interest of an applicant... Read more
1.4.3
Constitutional Justice - Procedure - Time-limits for instituting proceedings.
1.4.6.1
Constitutional Justice - Procedure - Grounds - Time-limits.
1.4.9.2
Constitutional Justice - Procedure - Parties - Interest.
3.12
General Principles - Clarity and precision of legal provisions.
3.13
General Principles - Legality.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, epidemic, pandemic. / Public place, access, restriction, entry ban, exception, professional duties, necessary basic needs / Public place, outdoors, indoors / Household, same, different / Employment, home office / University, professional duties, access, library / Freedom of movement, temporary restriction, access, second residence / Expired legislation, temporal applicability, short, challenge, legal interest.
AUT-2020-2-003 a) Austria / b) Constitutional Court / c) / d) 14.07.2020 / e) G 202/2020 / f) /
The property restrictions as provided in § 1 of the COVID-19 regulation of 15 March 2020, Federal Law Gazette II no. 96/2020, including an entry ban on customer areas of business premises and leading to a temporary closure of shops and businesses are necessary in order to avoid the spread of the COVID-19 pandemic.
The right to property under Article 5 of the Basic Law on the General Rights of... Read more
3.16
General Principles - Proportionality.
3.19
General Principles - Margin of appreciation.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.2
Fundamental Rights - Equality.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, epidemic, pandemic / Right to property, compensation for loss of earnings, economic support measures / Entry ban, ban on operation.
BIH-2020-1-001 a) Bosnia and Herzegovina / b) Constitutional Court / c) Chamber / d) 22.02.2020 / e) AP 1217/20 / f) /
The Constitutional Court must consider the balance between the needs and protection of society as a whole and the rights of individuals.
To be proportional, measures that significantly interfere with the human rights guaranteed under the Constitution and the European Convention on Human Rights must have a basis, be strictly limited in time, include an obligation to regularly review the measures... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.9
General Principles - Rule of law.
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.22
General Principles - Prohibition of arbitrariness.
4.18
Institutions - State of emergency and emergency powers.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.1.4.3
Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Circumstance, exceptional / COVID-19, pandemic / Person, elderly / Children, special needs, mental and physical condition / Protection of the existent health system.
BIH-2021-1-002 a) Bosnia and Herzegovina / b) Constitutional Court / c) Grand Chamber / d) 22.12.2020 / e) AP 3683/20 / f) /
The orders issued by narrow segments of the executive authority on mandatory wearing of protective face masks and on the restriction of movement constituted a violation of the right to private life and freedom of movement.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.22
General Principles - Prohibition of arbitrariness.
4.18
Institutions - State of emergency and emergency powers.
5.1.4.2
Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.1.4.3
Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Circumstance, exceptional / COVID-19, pandemic / Protection of the existent health system.
BIH-2022-1-001 a) Bosnia and Herzegovina / b) Constitutional Court / c) Chamber / d) 08.09.2021 / e) AP 3166/20 / f) /
Substantive law norms must be formulated with sufficient precision to enable persons to harmonise their behaviour with those norms.
3.12
General Principles - Clarity and precision of legal provisions.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
COVID-19, pandemic / COVID-19, prohibition of movement / Misdemeanour proceedings.
BRA-2020-1-005 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 17.04.2020 / e) Referral of the provisional remedy in the Direct Action of Unconstitutionality 6363 (ADI 6363 Ref-MC) / f) Labour measures to preserve jobs and income in the face of public calamity /
A rule by the executive branch authorising the reduction of working hours and salary or the temporary suspension of employment contracts by individual agreement due to the new coronavirus pandemic, regardless of union consent, is constitutional.
1.2.2.5
Constitutional Justice - Types of claim - Claim by a private body or individual - Trade unions.
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
4.18
Institutions - State of emergency and emergency powers.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.11
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Economic and financial crisis, policy, measure / Economy, state intervention / Emergency legislation, approval / Labour rights, restrictions, requirements / Salary, reduction, compensation.
BRA-2020-1-006 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 29.04.2020 / e) Referral of the provisional remedy in the Direct Action of Unconstitutionality 6342 (ADI 6342 Ref-MC) / f) Competences of the federal entities to fight coronavirus /
A provisional presidential decree that relaxes labour rights during the public health emergency caused by the new corona virus is constitutional.
3.25
General Principles - Market economy.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Enterprise, small and medium-sized / Employment, preservation, pandemic.
BRA-2020-1-007 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 30.04.2020 / e) Referral of the provisional remedy in the Direct Action of Unconstitutionality 6351 (ADI 6351 Ref-MC) / f) Restrictive measures imposed on access to information law during the new coronavirus pandemic /
Changes to the law governing requests for access to information during the pandemic were in line with the Constitution.
3.3
General Principles - Democracy.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.25
Fundamental Rights - Civil and political rights - Right to administrative transparency.
Information, access, limit / Information, access, denial / Information, access, reasonable / Information, disclosure / Information, duty to provide / Information, reasonable access.
BRA-2020-2-009 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 27.03.2020 / e) Provisional Remedy in the Claim of Noncompliance with a Fundamental Precept 663 (ADPF 663-MC) / f) Suspension of the term of the Provisional Presidential Decree during the COVID-19 pandemic /
1.1.4.2
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies.
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
Administration, efficiency / COVID-19, pandemic / Provisional measure / Provisional measure, nature / Parliament, ability to function, protection / Parliament, act / Parliament, action, internal / Parliament, commission, functioning / Parliament, committee, competences / Parliament, power, restriction / Parliament, Senate, regulation / Parliamentary democracy, principle / Parliamentary rule, legal force.
BRA-2020-2-010 a) Brazil / b) Federal Supreme Court / c) Single-judge decision / d) 03.04.2020 / e) Provisional Remedy in the Claim of Noncompliance with a Fundamental Precept 662 (ADPF 662-MC) / f) Increase of families that receive social assistance benefits without a corresponding source to fund it /
A law that increases the number of people that receive social assistance benefits has a budgetary and financial impact. The national emergency period concerning the novel Coronavirus disease (COVID-19) is no sufficient reason for the law not to indicate the source of full funding of the increased number of beneficiaries, especially since it proposes a permanent increase which will have to be paid... Read more
4.4.3.4
Institutions - Head of State - Powers - Promulgation of laws.
4.6.10.2
Institutions - Executive bodies - Liability - Political responsibility.
4.7.16.1
Institutions - Judicial bodies - Liability - Liability of the State.
4.10.2
Institutions - Public finances - Budget.
5.1.1.4.2
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Benefit, governmental / Budgetary balance, principle / Budget, control, state / COVID-19, pandemic / Disability, persons, rights / Disabled person, benefit, right / Disabled person, social assistance / Disabled person, social assistance, entitlement / Disabled person, social assistance, entitlement, conditions / Disabled person, welfare benefit, urgent need / Disease, infectious / Elderly person / Health, effective protection / Health, public health, public interest / Health protection, system / Health situation, worsening / Responsibility, authority / Responsibility, constitutional / Social assistance, entitlement, condition / Social assistance, payment, source / Social benefits and assistance, amount / Social welfare / Financial control / Financial mean, principle.
BRA-2020-2-011 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 17.04.2020 / e) Referendum on the provisional remedy in the Direct Action of Unconstitutionality 6387 (ADI 6387 Ref-MC) / f) /
The sharing of data by telecommunication companies with the Brazilian Institute of Geography and Statistics Foundation, with the aim of supporting the production of official statistics during the public health emergency period due to coronavirus (COVID-19) violates the right to private life and to the protection of personal data.
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.36.2
Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications.
COVID-19, pandemic / Data, access, public interest / Data, personal, protection / Data, use, purpose limitation, principle / Data protection, unnecessary personal data, information concerning health Disease, infectious / Information, access, limit / Information, access, denial / Information, access, reasonable / Information, disclosure / Information, duty to provide / Information, obligation to provide / Information, right / Personal privacy, right / Provisional measure / Telephones, cell.
BRA-2020-2-012 a) Brazil / b) Federal Supreme Court / c) Single-judge decision / d) 22.04.2020 / e) Provisional Relief on Civil Original Action 3.385 (ACO 3385 TP) / f) The Union cannot request items bought by a regional state (ventilators) to combat COVID-19 /
According to the Constitution (Article 5.XXV), unless the state of defence or state of siege is declared and in force, the Union shall only take private properties. Thus, the federal government has no power to request ventilators bought by a state-member.
1.6.8
Constitutional Justice - Effects - Influence on everyday life.
3.6.2
General Principles - Structure of the State - Regional State.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Disease, infectious / Dispute, competence, central government, local government / Division of powers / Executive, power, competences, scope / Fundamental right, protection / Health, protection, effective / Health, public health, public interest / Responsibility, authority / Responsibility, constitutional / State, duty, protection of life and safety.
BRA-2020-2-013 a) Brazil / b) Federal Supreme Court / c) Single-judge decision / d) 13.05.2020 / e) Claim of Noncompliance with a Fundamental Precept 568 (ADPF 568) / f) The settlement sum approved in court may be reallocated to fight the coronavirus pandemic (COVID-19) /
The amount Petrobras agreed to pay in penalties in the context of a non-prosecution agreement is extra-budget and the Court may reallocate it to the states to fund actions aimed at combating the COVID-19 virus. Such authorisation is justified by the pressing need that threatens the life and physical integrity of the population and complies with the public interest, as it is indispensable to... Read more
3.6.2
General Principles - Structure of the State - Regional State.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
4.8.7.2
Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Arrangements for distributing the financial resources of the State.
4.18
Institutions - State of emergency and emergency powers.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / International agreements, priority / International agreement, validity, evaluation / Agreement, international, applicability / Agreement, international, binding force / Administration, efficiency / Administration, flexibility / Administration, morality, principle / Evaluation, legally significant facts / Health care, public service / Health care, right / Deposit, amount, socially oriented / Deviation of power / Disease, infectious / Education, State, duty / Emergency, assistance / Emergency, ongoing / Forest, protection / Deposit Insurance Fund / Jurisdiction, exclusive competence / Capital washing / Education program, government, financial assistance / Project, state importance / Health protection, system / Appeal, financial, adequate / Judicial review, administrative decision / Health, protection, program, Government / Health, public health, public interest / Health system, direct assistance / Health situation, worsening.
BRA-2020-2-014 a) Brazil / b) Federal Supreme Court / c) Single-judge decision / d) 13.05.2020 / e) Claim of Noncompliance with a Fundamental Precept 672 (ADPF 672) / f) The states, the Federal District and the municipalities are competent to adopt measures to combat the coronavirus pandemic (COVID-19) /
The states and the Federal District enjoy concurrent power, whereas municipalities enjoy supplementary power within their respective territories to adopt restrictive measures during the pandemic. Therefore, complying with federalism and its constitutional rules on distribution of powers implies respecting the decisions of governors and mayors regarding social distancing and quarantine, suspension... Read more
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
3.6.2
General Principles - Structure of the State - Regional State.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
4.18
Institutions - State of emergency and emergency powers.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Administration, efficiency / COVID-19, pandemic / Disease, infectious / Emergency, assistance / Emergency, ongoing / Health care, public office / Health care, right / Health protection, system / Health, protection, programme, governmental / Health, public health, public interest / Health situation, worsening / Health system, direct assistance / Sovereignty, equal, between federal states / State authorities, conflict / State authorities, distribution of power / State, duty to protect fundamental rights and freedoms / State, duty to protect life.
BRA-2020-2-015 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 13.05.2020 / e) Referendum of the provisional remedy in the Direct Action of Unconstitutionality 6357 (ADI 6357 Ref-MC) / f) Remove requirements from laws to expand prevention programs against COVID-19 to protect the most vulnerable population /
The requests to disregard the requirements of the Act on Fiscal Responsibility and of the Budget Directives Law, because of the need to increase unforeseen and necessary expenditure to combat COVID-19, became moot by the enactment of a new Constitutional Amendment that deals with the same subject.
4.6.3
Institutions - Executive bodies - Application of laws.
4.8.7
Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects.
4.10.2
Institutions - Public finances - Budget.
4.10.7
Institutions - Public finances - Taxation.
COVID-19, pandemic / Budget Act / Budget, control, state / Budget Law / Budget, law, amendment / Budget, supplementary / Economic and financial crisis / Economic and financial situation, extremely difficult / Economic policy, measure / Economic situation, adjustment / Economy, transition period / Emergency measure / Emergency, state, rule of law / Executive power, accountability / Executive power, Federal President, integrative task of the office / Expenditure, exceptional / Expenditure, not provided for by law / Funds, sickness / Government act, legitimate purpose / Government, authorisation / Government, emergency decree, exceptional circumstances, interpretation / Government, emergency order / Government purpose, legitimate / State, responsibility / State, social guarantee.
BRA-2020-2-016 a) Brazil / b) Supreme Court / c) Full Court / d) 14.05.2020 / e) Referendum of the provisional remedy in the Direct Action of Unconstitutionality 6359 (ADI 6359 Ref-MC) / f) Suspension for 30 (thirty) days of the deadline for party affiliation, electoral domicile and disengagement from public service /
The established deadlines for the municipal elections that will take place in October this year shall remain in force, despite the state of pandemic caused by COVID-19; the opposite would breach the democratic principle and popular sovereignty.
1.3.4.6
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of referendums and other instruments of direct democracy .
4.9.7.2
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates.
COVID-19, pandemic / Dismissal, obligatory period / Disease, infectious / Election to Parliament, law / Election, association / Election, candidacy, presentation by political party, requirement / Election, candidate list, holder, status / Election, candidate, procedure registration / Election, Electoral Code, Constitution / Election, electoral list, quota, sex / Election, municipality / Election, party, candidates, list, gender, balance / Election, residency period, requirement / Parliament, member, incompatibility, other activity / Public office, plurality, incompatibility.
BRA-2020-2-017 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 16.05.2020 / e) / f) Expulsion of Venezuelan diplomats from the national territory /
An act issued by the president of the Republic that disaccredits Venezuelan diplomats is valid, since it falls within his private and non-delegable competence. However, the 48-hour deadline given to the diplomats to leave the national territory is not reasonable considering the current situation of the COVID-19 pandemic as it puts at risk their life, in addition to their physical and... Read more
2.1.1.4.19
Sources - Categories - Written rules - International instruments - International conventions regulating diplomatic and consular relations.
4.4.3.5
Institutions - Head of State - Powers - International relations.
4.16
Institutions - International relations.
Ambassador / Diplomat / Diplomat, Accreditation / Diplomatic Relations, Establishment / Expulsion / President, Powers / President, Power, Delegation / President, Powers, Delegation / President, Individual Law, Control / Judicial Review of other State Powers / COVID-19, pandemic / COVID-19, pandemic / COVID-19, Public health / Vienna Convention on Consular Relations, effectiveness.
BRA-2020-2-018 a) Brazil / b) Supreme Court / c) Full Court / d) 21.05.2020 / e) Provisional remedy on the Direct Action of Unconstitutionality 6421 (ADI 6421-MC) / f) Public agents´s liability for action and omission in acts related to the COVID-19 pandemic /
Authorities must observe technical and scientific criteria of medical and sanitary entities when carrying out their actions during the COVID-19 pandemic. Their actions are subject to the principle of prevention and of precaution. This means that if there is any doubt as to the effects of any measure, authorities should not apply it; self-restraint must guide the Administration.
4.6.10.1.2
Institutions - Executive bodies - Liability - Legal liability - Civil liability.
4.6.10.1.3
Institutions - Executive bodies - Liability - Legal liability - Criminal liability.
COVID-19, pandemic / Civil servant, authority, misuse / Civil servant, disciplinary procedure / Civil servant, duties under terms of service / Civil servant, measure, disciplinary / Civil servant, negligence, damage caused, personal liability / Civil servant, rights and obligations / Legal act, failure to observe, liability, administrative, criminal / Liability for negligence / Public servant, integrity / Liability, civil servant / Liability, state, civil / Liability, state, pecuniary / Liability, State, qualified fault / Provisional measure.
BRA-2020-2-019 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 09.06.2020 / e) Provisional Remedy in the Claim of Noncompliance with a Fundamental Precept 690 (ADPF 690-MC) / f) Transparency and publicity are needed regarding epidemiological data on the COVID-19 pandemic /
The severity of the emergency caused by the COVID-19 pandemic requires effective public health protection from Brazilian authorities. Disastrous consequences for the population may arise if there is no transparency and disclosure in the collection, analysis, storage and dissemination of epidemiological data, which must provide planning guidance to public authorities on policy-making, in addition... Read more
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
5.3.25
Fundamental Rights - Civil and political rights - Right to administrative transparency.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Administration, efficiency / COVID-19, pandemic / Data, access, public interest / Data, correction, right / Disease, infectious / Health, public health, public interest / Health care, public office / Health care, right / Health protection, system / Health situation, worsening / Health system, direct assistance / Information, access, denial / Information, access, reasonable / Information, accuracy / Information, disclosure / Information, disclosure by the federal government / Information, obligation to provide / Information, right / Responsibility, authority / Responsibility, constitutional / Transparency, administrative / Transparency, principle / Transparency, public administration.
BRA-2020-3-020 a) Brazil / b) Supreme Court / c) Full Court / d) 06.05.2020 / e) Referendum of the Provisional Remedy on the Direct Action of Unconstitutionality ADI 6343 (ADI 6343/MC-Ref) / f) States and municipalities do not need Union authorisation to adopt measures to restrict locomotion in their territories during a pandemic /
Within the scope of their competencies and in their respective territories, States and Municipalities can adopt measures to restrict intercity and local locomotion during a state of emergency resulting from the COVID-19 pandemic. In this case, there is no need for authorisation from the Ministry of Health to decree isolation, quarantine and other measures. The Union too is competent to enact the... Read more
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
1.6.8
Constitutional Justice - Effects - Influence on everyday life.
3.6.2
General Principles - Structure of the State - Regional State.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.8.4.1
Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Decentralisation of powers, principle / Decentralisation, limits / Fundamental right, protection / Dispute, competence, central government, local government / Division of powers / Disease, infectious / State, duty, protection of life and safety / Executive, power, competences, scope / Freedom of movement of services / Freedom to travel / Freedom, movement / Freedom, restriction / Provisional Measure / Municipality, jurisdiction / Municipality, territory / Responsibility, authority / Responsibility, constitutional / Health, protection, effective / Health, public health, public interest / Territory, authority / Territory, entry, exit / Territory, self-government / Road traffic, laws and regulations / Road traffic, offense.
BRA-2020-3-022 a) Brazil / b) Supreme Court / c) Full Court / d) 05.08.2020 / e) Referendum on the Provisional Remedy on Original Civil Action 3.359 (ACO 3359 MC-Ref) / f) Cash transfer cutbacks in the Bolsa Família Program shall be suspended while the state of public calamity resulting from the coronavirus pandemic remains /
The petitioners proved that, despite the high numbers of people enrolled in the Bolsa Família Program and who are residents of the Northeast Region, few were attended by that Program, compared to other states in the country. The federal government cannot treat its citizens in a discriminatory manner, due to the place of residence. To better eradicate poverty and promote equality among the... Read more
1.6.8
Constitutional Justice - Effects - Influence on everyday life.
3.6.2
General Principles - Structure of the State - Regional State.
3.21
General Principles - Equality.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Disease, infectious / Dispute, competence, central government, local government / Equality before the law / Equality, equality of citizens before the law, general principle / Equality, inequality, human rights of others, impact / Equality, prohibition of discrimination / Equality of rights and obligations / Equality, violation / Executive, power, competences, scope / Fundamental right, protection / Health, effective protection / Health, public health, public interest / Responsibility, authority / Responsibility, constitutional / Social assistance, exclusion / Social assistance, entitlement, condition / Social assistance, reduction / Social assistance, right, condition / Social benefits and assistance, amount / Social protection, reduction / Social protection, right / Social protection, state / Social protection, systems / State, duty, protection of life and safety / State, social guarantee.
BRA-2020-3-023 a) Brazil / b) Supreme Court / c) Single-judge decision / d) 05.08.2020 / e) Referendum on a Provisional Remedy on a Claim of Non-compliance with a Fundamental Precept 709 (ADPF 709/MC-Ref) / f) Protection of indigenous people against COVID-19 /
The Constitution grants professional associations the right to file claims directly before the Supreme Federal Court. The definition of professional associations shall be understood as a group of people who perform the same economic and professional activity, or also, who are members of associations that advocate for the interests of vulnerable and/or minority groups. The latter must be included... Read more
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
COVID-19, pandemic / Indigenous people, rights / Indigenous peoples, protection, COVID-19 / Indigenous rights.
BRA-2020-3-026 a) Brazil / b) Supreme Court / c) Full Court / d) 02.09.2020 / e) Direct Action of Unconstitutionality 6362 (ADI 6362) / f) The requests for goods and services carried out by the states, municipalities and the Federal District to combat the new coronavirus are not subject to prior authorisation from the Ministry of Health /
The states, the municipalities, and the Federal District may take goods and services to combat the coronavirus pandemic. Such requisition does not rely on the Ministry of Health´s prior authorisation, although the unit of the Federation must duly reason the act and ground it on scientific evidence.
1.6.8
Constitutional Justice - Effects - Influence on everyday life.
3.6.2
General Principles - Structure of the State - Regional State.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Fundamental right, equivalent protection / Dispute, competence, central government, local government / Division of powers / Disease, infectious / State, duty to protection fundamental rights and freedoms / Executive, power, competences, scope / Responsibility, authority / Responsibility, constitutional / Health, protection, effective / Health, public health, public interest.
BRA-2020-3-027 a) Brazil / b) Supreme Court / c) Full Court / d) 09.10.2020 / e) Provisional Remedy on the Direct Action of Unconstitutionality 6475 (ADI 6475/MC) / f) Financial obligations and legislative competence /
A state law that suspends, for 90 days, the fulfilment of financial obligations that occur due to loans taken by public employees from state and municipalities, with the intent of mitigating the effects of the new coronavirus pandemic, is unconstitutional since only the Union can pass legislation regarding civil law and credit policy.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
4.8.4.1
Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
COVID-19, pandemic / Federation, legislature, powers, exceeding / Legislative competence, limits / Legislative power, limitation / Contract, legislative intervention / Credit / Bank, loan.
BRA-2020-3-029 a) Brazil / b) Supreme Court / c) Full Court / d) 17.12.2020 / e) Direct Action of Unconstitutionality 6.586 (ADI 6586) and General Repercussion in Extraordinary Appeal with Interlocutory Motion 1267878 (ARE 1267879/RG) / f) The State may compulsorily order citizens to submit to vaccination against Covid-19. Philosophical, moral, religious and existential convictions do not overlap with society's rights to protect itself with the adoption of compulsory vaccination /
Based on the existing division of competences between the different levels of government existing in Brazil, states, municipalities, and the Federal District have autonomy to carry out local compulsory vaccination campaigns against Covid-19, provided for in Law 13,979/2020. The Constitution protects the right of every citizen to maintain their philosophical, religious, moral, and existential... Read more
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
1.3.4.4
Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities.
1.6.8
Constitutional Justice - Effects - Influence on everyday life.
3.6.2
General Principles - Structure of the State - Regional State.
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.8.4.1
Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Decentralisation, limits / Decentralisation of powers, principle / Disease, infectious / Dispute, competence, central government, local government / Executive, power, competences, scope / Fundamental right, protection / Health, effective protection / Health, public health, public interest / Municipality, competence / Power, division / Religion, separation of church and state / Responsibility, authority / Responsibility, constitutional / State, duty, protection of life and safety / Vaccination, infectious disease, obligatory / Vaccination, obligatory / Vaccination policies, competence distribution, Government, Parliament and Regions.
BRA-2021-2-017 a) Brazil / b) Supreme Court / c) Full Court / d) 25.06.2021 / e) Referral on a Provisional Measure in a Claim of Non-Compliance with a Fundamental Precept 848 (ADPF 848 MC-REF) / f) Summoning governors to testify before the Covid-19 Parliamentary Committee of Inquiry has been suspended /
According to the Federal Constitution of Brazil, governors cannot be summoned to testify before the Covid-19 Parliamentary Committee of Inquiry, established by the National Congress.
4.5.2.2
Institutions - Legislative bodies - Powers - Powers of enquiry.
4.5.4.4
Institutions - Legislative bodies - Organisation - Committees.
4.5.7
Institutions - Legislative bodies - Relations with the executive bodies.
4.8.1
Institutions - Federalism, regionalism and local self-government - Federal entities.
COVID-19, pandemic / Commission, procedure, administrative, guarantees / Government, information, duty to provide.
CHI-2020-1-003 a) Chile / b) Constitutional Court / c) / d) 16.04.2020 / e) 8574-20 / f) /
The Constitutional Court held that making a differentiation based on the criminal offence of a convict, for the purposes of receiving a pardon, is not unconstitutional.
5.1.1
Fundamental Rights - General questions - Entitlement to rights.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.2
Fundamental Rights - Equality.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Pardon, power to grant, acting President / Pardon, restriction.
CRC-2020-3-002 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 30.10.2020 / e) 20872/2020 / f) /
The right of the defense and the right to a hearing is ordinarily arranged by having the defendant physically present. This allows an effective material defense. But in extraordinary cases such physical and direct presence may be substituted using technological means.
Judicial and penitentiary authorities are bound by the rights of the incarcerated to provide them with a legal course of... Read more
5.3.13.1.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.6
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.13.7
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
Right to be present at hearing / COVID-19, pandemic.
CRC-2021-3-001 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 04.10.2021 / e) 22207/2020 / f) /
The right not be detained over 72 hours in judicial jails is recognised once a Criminal Court judge imposes measures over any person in a preliminary hearing. Suspects awaiting trial are to be held in a penitentiary centre.
According to Article 13 of the Law of the Constitutional Jurisdiction, the Constitutional Chamber’s decisions are binding on all persons (erga omnes). Although it is... Read more
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.3.13.1.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.3.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts -
COVID-19, pandemic / Jail, judicial, right to not be held.
ECH-2021-2-017 a) Council of Europe / b) European Court of Human Rights / c) Section IV / d) 13.04.2021 / e) 49933/20 / f) Terhes v. Romania (dec.) /
Article 5-1
Deprivation of liberty
52-day general lockdown imposed by the authorities to tackle the COVID-19 pandemic: Article 5 inapplicable; inadmissible
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
COVID-19, pandemic, measures / State of emergency, public health, lockdown.
ECH-2021-3-023 a) Council of Europe / b) European Court of Human Rights / c) Section V / d) 15.10.2021 / e) 41994/21 / f) Guillaume Zambrano v. France /
The aim is to ensure the long-term effectiveness of the human-rights protection system set up by the European Convention on Human Rights, while maintaining the right of individual petition, the cornerstone of this system, and access to justice. Deliberately creating a major surge in applications is liable to affect the Court’s ability to fulfil its mission in relation to other applications,... Read more
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
COVID-19, pandemic / Mass litigation, abuse / Mass litigation, COVID-19, measures / Mass litigation, aim, paralyse court.
CRO-2020-2-002 a) Croatia / b) Constitutional Court / c) / d) 19.05.2020 / e) U-III-1393/2020 / f) /
The measure of pre-trial detention is the most serious form of limitation of one of the fundamental human rights, the guarantee of the inviolability of personal liberty. Criminal justice authorities are under no obligation to conduct every single action unconditionally, even in urgent cases; this depends on the objective circumstances they must assess. If they establish the existence of... Read more
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
COVID-19, pandemic / Detention order, extension, reason / Expediency, requirement / Hearing, postponement, infectious disease (COVID-19,) pandemic.
CRO-2020-2-004 a) Croatia / b) Constitutional Court / c) / d) 03.07.2020 / e) U-VII-2980/2020 / f) /
From the perspective of Article 16 of the Constitution, it is not constitutionally and legally unacceptable to exclude the possibility of citizens who have been diagnosed with SARS-CoV-2 (COVID 19) or any other infectious disease, and are thus in isolation, and citizens who are in self-isolation due to the suspicion that they have an infectious disease, to come in person to a polling... Read more
3.16
General Principles - Proportionality.
4.9.9.6
Institutions - Elections and instruments of direct democracy - Voting procedures - Casting of votes.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
COVID 19 / Election, vote, citizen, COVID-19, diagnosis / Election, vote, outside polling station.
CRO-2020-3-007 a) Croatia / b) Constitutional Court / c) / d) 14.09.2020 / e) U-I-1372/2020 CRO-2020-3-008 a) Croatia / b) Constitutional Court / c) / d) 14.09.2020 / e) U-I-1925/2020 / f) / CRO-2020-3-009 a) Croatia / b) Constitutional Court / c) / d) 14.09.2020 / e) U-II-3170/2020 CRO-2021-1-001 a) Croatia / b) Constitutional Court / c) / d) 23.02.2021 / e) U-II-5709/2020 CRO-2021-1-002 a) Croatia / b) Constitutional Court / c) / d) 23.02.2021 / e) U-II-6087/2020 CRO-2021-2-008 a) Croatia / b) Constitutional Court / c) / d) 08.06.2021 / e) U-I-263/2021 / f) / CRO-2021-2-009 a) Croatia / b) Constitutional Court / c) / d) 13.07.2021 / e) U-I-3403/2020
CZE-2021-1-002 a) Czech Republic / b) Constitutional Court / c) Plenum / d) 09.02.2021 / e) Pl. ÚS 106/20 / f) State of emergency declared in response to Covid-19 pandemic – restrictions on retail and services /
EST-2021-3-004 a) Estonia / b) Supreme Court / c) Constitutional Review Chamber / d) 20.04.2021 / e) 5-20-10 / f) Constitutional review of inability to contest premature termination of a period of visa-free stay for a foreigner /
FRA-2020-2-006 a) France / b) Constitutional Council / c) / d) 11.05.2020 / e) 2020-800 DC / f) Law extending the public health state of emergency and supplementing its provisions / FRA-2020-2-007 a) France / b) Constitutional Council / c) / d) 17.06.2020 / e) 2020-849 QPC / f) Mr Daniel D. and Others (Changes to municipal election dates) / FRA-2020-3-012 a) France / b) Constitutional Council / c) / d) 13.11.2020 / e) 2020-808 DC / f) Law authorising the extension of the health emergency and introducing various measures to manage the health crisis / FRA-2020-3-013 a) France / b) Constitutional Council / c) / d) 19.11.2020 / e) 2020-866 QPC / f) The company Getzner France (Civil proceedings not held in person against the backdrop of a health emergency) / FRA-2021-1-001 a) France / b) Constitutional Council / c) / d) 15.01.2021 / e) 2020-872/859 QPC / f) Mr Krzystof B. (Use of videoconference without the agreement of the parties before the criminal courts within the context of a health emergency) / FRA-2021-1-002 a) France / b) Constitutional Council / c) / d) 29.01.2021 / e) 2020-878/879 QPC / f) Mr Ion Andronie R. and another (Automatic extension of pre-trial custody within the context of a health emergency) / FRA-2021-1-006 a) France / b) Constitutional Council / c) / d) 01.04.2021 / e) 2021-814 DC / f) Resolution amending the regulations of the National Assembly concerning the organisation of parliamentary business during periods of crisis / FRA-2021-2-012 a) France / b) Constitutional Council / c) / d) 05.08.2021 / e) 2021-824 DC / f) Law on managing the public health crisis / FRA-2021-3-018 a) France / b) Constitutional Council / c) / d) 09.11.2021 / e) 2021-828 DC / f) Law introducing various health surveillance measures / FRA-2022-1-002 a) France / b) Constitutional Council / c) / d) 21.01.2022 / e) 2022-835 DC / f) Law strengthening the tools for managing the health crisis and amending the Public Health Code /
GER-2020-1-007 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 07.04.2020 / e) 1 BvR 755/20 / f) Measures against the spread of coronavirus / GER-2020-3-029 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 16.11.2020 / e) 2 BvQ 87/20 / f) Fitness for trial – concerns relating to the COVID-19 pandemic / GER-2021-1-006 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the Second Panel / d) 07.04.2021 / e) 2 BvR 527/21 / f) Corona-related entry restrictions / GER-2021-1-009 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 05.05.2021 / e) 1 BvR 781, 805, 820, 1 854, 889/21 / f) Night Curfew / GER-2021-3-022 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 19.11.2021 / e) 1 BvR 781, 798, 805, 820, 854, 860, 889/21 / f) Federal Pandemic Emergency Brake I - Curfews and Contact Restrictions / GER-2021-3-023 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 19.11.2021 / e) 1 BvR 971/21, 1 BvR 1069/21 / f) Federal Pandemic Emergency Brake II (school closures) / GER-2021-3-024 a) Germany / b) Federal Constitutional Court / c) First Chamber of the Second Panel / d) 06.12.2021 / e) 2 BvR 2164/21 / f) COVID-19 Restrictions in Connection with the Election of the Federal Chancellor / GER-2021-3-026 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 16.12.2021 / e) 1 BvR 1541/20 / f) Triage (disadvantaging on the basis of disability) / GER-2022-1-005 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 10.02.2022 / e) 1 BvR 2649/21 / f) Sector-Specific Vaccination Mandate (preliminary injunction against mandatory vaccination in the health sector) /
HUN-2020-2-003 a) Hungary / b) Constitutional Court / c) Plenary / d) 08.07.2020 / e) 15/2020. (VII. 8.) AB / f) On formulating a constitutional requirement stemming from Articles IX.1 and XXVIII.4 of the Fundamental Law regarding the application of Section 337.2 of Act C of 2012 of the Criminal Code and on rejecting a constitutional complaint against Section 337.2 of Act C of 2012 of the Criminal Code /
ITA-2021-2-005 a) Italy / b) Constitutional Court / c) / d) 12.03.2021 / e) 37/2021 / f) /
KOS-2020-1-001 a) Kosovo / b) Constitutional Court / c) / d) 06.04.2020 / e) KO 54/20 / f) President - Constitutional review of Decision no. 01/15 of the Government, 23 March 2020 / KOS-2020-2-002 a) Kosovo / b) Constitutional Court / c) Assembly / d) 05.05.2020 / e) KO 61/20 / f) Constitutional review of Decision no. 214/IV/2020 of 12 April 2020 of the Ministry of Health on declaring the Municipality of Prizren "quarantine zone" and of Decisions nos. 229/IV/2020, 238/IV/2020, 239/IV/2020 of 14 April 2020 of the Ministry of Health on preventing, fighting and eliminating the infectious disease COVID-19 in the territory of the municipalities of Prizren, Dragash and Istog /
LAT-2022-1-002 a) Latvia / b) Constitutional Court / c) / d) 10.03.2022 / e) 2021-24-03 / f) On the compliance of paragraph 24
MDA-2020-2-005 a) Moldova / b) Constitutional Court / c) Plenary / d) 23.06.2020 / e) 18 / f) On the constitutional review of Article 76
MNE-2020-2-001 a) Montenegro / b) Constitutional Court / c) / d) 23.07.2020 / e) U-III no. 22/20 / f) /
NOR-2020-1-006 a) Norway / b) Supreme Court / c) Division / d) 08.05.2020 / e) HR-2020-972-A / f) / NOR-2022-1-001 a) Norway / b) Supreme Court / c) Chamber / d) 07.04.2022 / e) HR-2022-718-A / f) / ORGANISATION OF AMERICAN STATES
IAC-2020-2-001 a) Organisation of American States / b) Inter-American Court of Human Rights / c) / d) 27.07.2020 / e) / f) Vélez Loor v. Panama /
POR-2021-2-005 a) Portugal / b) Constitutional Court / c) First Chamber / d) 31.07.2020 / e) 424/20 / f) / POR-2021-2-011 a) Portugal / b) Constitutional Court / c) Third Chamber / d) 09.07.2021 / e) 500/21 / f) / POR-2021-3-015 a) Portugal / b) Constitutional Court / c) First Chamber / d) 09.12.2021 / e) 921/21 / f) / POR-2022-1-001 a) Portugal / b) Constitutional Court / c) First Chamber / d) 01.02.2022 / e) 87/22 / f) / POR-2022-1-002 a) Portugal / b) Constitutional Court / c) First Chamber / d) 01.02.2022 / e) 88/22 / f) / POR-2022-1-003 a) Portugal / b) Constitutional Court / c) First Chamber / d) 01.02.2022 / e) 89/22 / f) / POR-2022-1-004 a) Portugal / b) Constitutional Court / c) First Chamber / d) 01.02.2022 / e) 90/22 / f) /
RUS-2020-3-007 a) Russia / b) Constitutional Court / c) / d) 25.12.2020 / e) 49-II / f) /
SRB-2020-2-002 a) Serbia / b) Constitutional Court / c) / d) 21.05.2020 / e) IUo-42/2020 / f) / SRB-2020-3-003 a) Serbia / b) Constitutional Court / c) / d) 17.09.2020 / e) IUo-45/2020 / f) /
SVK-2020-2-001 a) Slovakia / b) Constitutional Court / c) Plenum / d) 13.05.2020 / e) PL. ÚS 13/2020 / f) /
SLO-2021-1-003 a) Slovenia / b) Constitutional Court / c) / d) 27.08.2020 / e) U-I-83/20 / f) / SLO-2021-1-004 a) Slovenia / b) Constitutional Court / c) / d) 03.12.2020 / e) U-I-445/20 / f) / SLO-2021-2-005 a) Slovenia / b) Constitutional Court / c) / d) 13.05.2021 / e) U-I-79/20 / f) / SLO-2021-2-006 a) Slovenia / b) Constitutional Court / c) / d) 17.06.2021 / e) U-I-50/21 / f) / SLO-2022-1-001 a) Slovenia / b) Constitutional Court / c) / d) 16.09.2021 / e) U-I-8/21 / f) / SLO-2022-1-002 a) Slovenia / b) Constitutional Court / c) / d) 07.10.2021 / e) U-I-155/20 / f) / SLO-2022-1-003 a) Slovenia / b) Constitutional Court / c) / d) 10.12.2020 / e) U-I-210/21 / f) /
UKR-2020-2-015 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 28.08.2020 / e) 10-r/2020 / f) Constitutionality of certain provisions of the Resolution of the Cabinet of Ministers on the Establishment of quarantine to prevent the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2 in Ukraine and the stages of mitigation of anti-epidemic measures, the provisions of Article 29.1 and 29.3 of the Law on the State Budget for 2020, paragraph 2.9 of Section II Final Provisions of the Law on Amendments to the Law on the State Budget for 2020) /
GBR-2020-3-003 a) United Kingdom / b) Supreme Court / c) / d) 15.01.2021 / e) / f) The Financial Conduct Authority v. Arch Insurance (UK) Ltd and others; Hiscox Action Group v. Arch Insurance (UK) Ltd and others; Argenta Syndicate Management Ltd v. The Financial Conduct Authority and others; Royal & Sun Alliance Insurance Plc v. The Financial Conduct Authority and others; MS Amlin Underwriting Ltd v. The Financial Conduct Authority and others; Hiscox Insurance Company Ltd v. The Financial Conduct Authority and others; QBE UK Ltd v. The Financial Conduct Authority and others and Arch Insurance (UK) Ltd v. The Financial Conduct Authority and others /
USA-2022-1-001 a) United States of America / b) Supreme Court / c) / d) 13.01.2022 / e) 21A240 / f) Biden v. Missouri / USA-2022-1-002 a) United States of America / b) Supreme Court / c) / d) 13.01.2022 / e) 21A244 / f) National Federation of Independent Business v. OSHA /
Ed. 09.01.2023 19:56:35
The decision on whether certain measures to combat the COVID-19 pandemic/epidemic will be taken in application of Article 16 or Article 17 of the Constitution is in the exclusive domain of the Parliament.
Article 22.a of the Civil Protection System Act (hereinafter, "CPSA") in conjunction with Articles 3.2-3 and 47 of the Act on the Protection of the Population from Infectious Diseases... Read more
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.5.10
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.5.2
Institutions - Legislative bodies - Powers.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, disease, infectious, epidemic, pandemic / State, positive obligation / Protection, civil, headquarters, authority, executive / Headquarters, statutory authority, measures, issue / Disease, statutory measures, constitutional grounds, judicial control, constitutional control, legitimate aim, self-isolation / Law, constitutionality, formal / Public health / State, duty, protection.
The postponing of early elections or the revocation of the decision to call early local elections until the end of special circumstances (e.g. an infectious disease epidemic/pandemic), on results in their postponement until the end of such circumstances, and postponement in itself does not limit the right to vote nor the right to local self-government.
4.9
Institutions - Elections and instruments of direct democracy.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.41.1
Fundamental Rights - Civil and political rights - Electoral rights - Right to vote.
5.3.41.6
Fundamental Rights - Civil and political rights - Electoral rights - Frequency and regularity of elections.
Election, local, early, suspension, special circumstances, COVID-19, infectious disease, epidemic / Self-government, local, right.
A decision on the mandatory use of face masks and a decision on the organisation of public transport which are proportionate to the aim to be achieved (protection of human health and life) in the context of a global pandemic outweigh the individual rights of citizens who are obliged to respect and act according to the measures taken by competent authorities to protect the life and health of the... Read more
2.1.1.4.6
Sources - Categories - Written rules - International instruments - European Social Charter of 1961.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
COVID-19, disease, infectious, epidemic, face mask / Degrading, treatment, severity, minimum / Healthcare, human dignity, preservation, precondition / Population, interest, life, human, protection / State, duty, protection, disease.
The freedom of religion as provided in Article 40 of the Constitution is not absolute. Gatherings of believers at religious ceremonies can be restricted if there is a strong public interest and if the restriction is proportionate. Measures that restrict religious gatherings do not unduly restrict the constitutional guarantee of freedom of religion and freedom of public demonstrations of religious... Read more
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.6.2
Institutions - Executive bodies - Powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID 19 / Disease, infectious, measures / Public health / Religion, ceremonies, limited number of attending persons / Religion, ceremonies, restriction due to infectious disease epidemic / State, duty, protection against an infectious disease.
The principle of free enterprise and free markets as provided in Article 49 of the Constitution is not absolute. Measures suspending work must meet the requirements of proportionality as referred to in Article 49 of the Constitution in conjunction with Article 50.2 of the Constitution which includes exceptional restrictions to property rights for the purposes of protecting the interests and... Read more
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.6.2
Institutions - Executive bodies - Powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19 / Disease, infectious, measures / Protection of human health and life / Public health / Catering facilities, suspension of work / State, duty, protection against an infectious disease.
Introducing a ban or limitation on private gatherings as provided in Article 47.2.11 of the Act on the Protection of the Population against Infectious Diseases (hereinafter, the "APPID") can be justified if there is a legitimate aim such as reducing the spread of a virus in order to protect the lives and health of the public.
Article 47.2.11 of the APPID limits the right to the inviolability of... Read more
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
COVID-19, pandemic / COVID-19, ban, limitation, private gatherings / COVID-19, supervision, police, search of home.
The right to earnings by which all employees can secure for themselves and their families a free and decent life guaranteed by Article 55.1 of the Constitution and the principle of free enterprise and free markets guaranteed by Article 49.1 of the Constitution are not absolute and can be restricted by measures to protect the public health.
Article 3 of the Act on Intervention Measures in... Read more
3.16
General Principles - Proportionality.
4.5.2
Institutions - Legislative bodies - Powers.
4.5.7
Institutions - Legislative bodies - Relations with the executive bodies.
5.3.13.1.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.5
Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
COVID-19, pandemic / Bankruptcy proceedings, extraordinary circumstances, intervention measures / Enforcement proceedings, extraordinary circumstances, COVID-19 / Entrepreneur, market, equal position.
An emergency measure which consists in the prevention or mitigation of the spread of novel coronavirus disease (Covid-19) has a legitimate aim. However, the regulation of the rights and obligations of individuals and the decision-making on which group of population will retain their rights, and which will bear the burdens associated with the restriction, must not be a mere expression of political... Read more
1.4.3.3
Constitutional Justice - Procedure - Time-limits for instituting proceedings - Leave to appeal out of time.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.9
General Principles - Rule of law.
3.22
General Principles - Prohibition of arbitrariness.
4.18
Institutions - State of emergency and emergency powers.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
COVID 19 / Measure, arbitrary / Executive regulations, statutory authority / Regulation, emergency measure.
Inability to contest before a court a premature termination of a visa-free stay represents an unconstitutional breach of the right to access to court. Such interference is not necessary for guaranteeing public order and national security. Other less restrictive measures could be deployed to safeguard these values.
Review of the constitutionality of the norms in question is admissible, despite... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
COVID-19, pandemic / Access to court, limitations / Foreigner, stay, termination, premature.
In its examination of the law extending the public health state of emergency, the Constitutional Council found that the French Constitution did not rule out the possibility of the legislature making provision for such a system. However, here it had to reconcile protection of public health, as an objective of constitutional value, with respect for the rights and freedoms granted to everyone living... Read more
1.2.1.1
Constitutional Justice - Types of claim - Claim by a public body - Head of State.
1.2.1.2
Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.
3.16
General Principles - Proportionality.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Public health emergency / Personal data, collection.
The Constitutional Council held that the legislature could change the dates of municipal elections in progress provided that this change was warranted on overriding grounds of public interest and that the measures adopted did not result in any infringement of the right to vote, the principle of genuine elections or the principle of equal suffrage. In the present case it upheld the postponement of... Read more
3.18
General Principles - General interest.
4.9
Institutions - Elections and instruments of direct democracy.
4.9.13
Institutions - Elections and instruments of direct democracy - Judicial control.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.3.41.6
Fundamental Rights - Civil and political rights - Electoral rights - Frequency and regularity of elections.
COVID-19, pandemic / Election, fairness, equal suffrage / Public health emergency.
The Constitution does not preclude the possibility for the legislature to put in place rules to govern a health emergency. In this context, it is for the legislature to ensure that the objective of constitutional standing of protecting health is reconciled with the requirement to respect the rights and freedoms granted to all those who reside on French soil.
The measures provided for in relation... Read more
3.16
General Principles - Proportionality.
4.6.2
Institutions - Executive bodies - Powers.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, chains of infection, identification, health data / Health emergency.
Having regard to the special health context arising in relation to the COVID-19 pandemic, in enabling the courts to apply procedures that do not involve hearings for certain types of civil disputes as a result of the health crisis, Article 8 of Order No. 2020-304 of 25 March 2020, as amended by Order No. 2020-595 of 20 May 2020, does not remove legal safeguards for the constitutional requirements... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.19
General Principles - Margin of appreciation.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.13.7
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Health emergency, civil procedure, hearing, absence / COVID-19, pandemic / Right to be heard, exchange of written documentation.
Taking account of the importance of the safeguard associated with the appearance in person of the interested party before the criminal courts and given the conditions under which such telecommunications equipment is to be used, the impugned provisions impair the rights of the defence in a manner that cannot be justified by the health context resulting from the COVID-19 pandemic for the duration... Read more
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.7
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, epidemic, pandemic / Appearance, videoconference / Criminal court, person involved in court proceedings, appearance in person.
The provisions of an order cannot automatically extend pre-trial custody during the initial period of a health emergency unless the need to continue it is reviewed by the courts within a short space of time, as a mandatory requirement.
3.16
General Principles - Proportionality.
5.1.1.4.3
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.5.1.3
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
COVID-19 / COVID-19, epidemic, pandemic / Rights of prisoners / Continuation of custody / Judicial review.
Whilst parliamentary assemblies may amend their regulations in order to ensure continuity of their business during crisis situations, this is upon condition that these adaptations are sufficiently precise in order to enable the Constitutional Council to review their constitutionality.
3.12
General Principles - Clarity and precision of legal provisions.
4.5.4.1
Institutions - Legislative bodies - Organisation - Rules of procedure.
4.18
Institutions - State of emergency and emergency powers.
COVID-19, epidemic, pandemic / Exceptional circumstances / Exceptions, constitutional review / Parliamentary business, continuity.
It is for the legislator to ensure that the constitutional objective of protecting health is reconciled with the requirement to uphold the rights and freedoms enshrined in the Constitution. These include the freedom to come and go, which is part of the personal freedom protected by Articles 2 and 4 of the 1789 Declaration of the Rights of Man and of the Citizen, the right to respect for private... Read more
3.16
General Principles - Proportionality.
4.6.2
Institutions - Executive bodies - Powers.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.5
Fundamental Rights - Civil and political rights - Individual liberty.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Health pass, requirement to show / Border controls.
The Constitution does not preclude the possibility for the legislature to put in place rules to govern a public health emergency. In this context, it is for the legislature to ensure that the constitutional objective of protecting health is reconciled with the requirement to respect the rights and freedoms granted to all those who reside on French soil.
The measures provided for in relation to... Read more
3.16
General Principles - Proportionality.
4.6.2
Institutions - Executive bodies - Powers.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, epidemic, chains of infection, identification, health-related data / State of public health emergency.
The provisions of the law strengthening the tools for managing the health crisis, which paved the way for the introduction of a requirement to show a "vaccine pass" in order to gain access to certain places, while at the same time requiring that it be discontinued as soon as it was no longer necessary, were deemed to be compatible with the Constitution. The Constitutional Council considered that,... Read more
3.16
General Principles - Proportionality.
3.19
General Principles - Margin of appreciation.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, vaccine pass, places, access / COVID-19, health pass, political meeting, access.
1. Lodging a constitutional complaint or an application for a preliminary injunction does not violate the principle of subsidiarity where first seeking legal protection before the ordinary courts has no prospect of success, as the courts have already refused to grant preliminary injunctions in other proceedings.
2. A valid legal provision can, in the course of preliminary injunction proceedings,... Read more
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
3.17
General Principles - Weighing of interests.
COVID-19, pandemic / Legal provisions, suspension.
1. Where the state of health of an accused is so poor that they could lose their life or suffer serious damage to their health if criminal proceedings against them were continued, a tension arises between the state’s duty to ensure the proper functioning of the criminal justice system and the fundamental right to life and physical integrity of the accused pursuant to the first sentence of Article... Read more
1.4.4
Constitutional Justice - Procedure - Exhaustion of remedies.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
COVID-19, pandemic / Criminal justice system, functioning / Trial hearing, poor health, accused.
1. Whether the legal basis for a refusal of entry to holders of a Schengen visa satisfies constitutional requirements is for the administrative courts to clarify by way of an action for a declaratory judgment.
2. It is true that the mere possession of a uniform visa or a visa with limited territorial validity does not automatically entitle the holder to entry. However, since Article 14.2 of the... Read more
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
COVID-19 pandemic, entry to the European Union, temporary restriction / COVID-19 pandemic, travel to the European Union, temporary restriction / Schengen Borders Code.
1. Considering the legislator’s margin of appreciation, the challenged curfew provision (number two, first sentence of § 28b.1 of the Infection Protection Act) is neither unsuitable, unnecessary, nor inappropriate as a means for fighting the pandemic. The proportionality of the curfew provision will have to be examined in detail in the principal proceedings.
2. The disadvantages following from... Read more
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
3.17
General Principles - Weighing of interests.
COVID-19, pandemic, measures / COVID-19, pandemic, night curfew / Legal provisions, suspension.
1. Curfews and contact restrictions imposed as measures to combat a pandemic must satisfy the general constitutional standards applicable to restrictions of fundamental rights in every respect.
2. The fundamental right to the free development of one’s personality (Article 2.1 of the Basic Law) also protects close family-like ties outside the scope of protection afforded to marriage and the... Read more
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
3.19
General Principles - Margin of appreciation.
5.1.4.3
Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.43
Fundamental Rights - Civil and political rights - Right to self fulfilment.
COVID-19, pandemic, contact restrictions / COVID-19, pandemic, night curfew / COVID-19 regulations, scope, limits / Coercion, freedom of action, general / Freedom of physical movement / Personality, free development / Protection of human health and life / Protection of the existent health system.
1. Article 2.1 in conjunction with Article 7.1 of the Basic Law affords children and adolescents a right requiring the state to support and promote their development to become self-reliant persons within society through school education (right to school education).
2, The right to school education has several dimensions:
a. It affords children and adolescents a right to have the state uphold... Read more
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
3.19
General Principles - Margin of appreciation.
3.20
General Principles - Reasonableness.
4.14
Institutions - Activities and duties assigned to the State by the Constitution.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
5.4
Fundamental Rights - Economic, social and cultural rights.
COVID-19, pandemic / Child, personality, development / Education, state, duty / Education, equal opportunity / Infectious disease, protection / General interest, healthcare system, proper functioning / General interest, life and limb, protection / General interest, fight against pandemic / Parental right / School, access, equal protection / School, compulsory schooling / School, distance learning / State, mandate, education / Subject of review, law, direct challenge.
1. The pandemic-related restriction of hotel accommodation in Berlin to guests who are either vaccinated against COVID-19 or have recently recovered from it, does not aim specifically to restrict the mandate of members of Parliament and therefore does not affect the scope of protection of the right to the free exercise of the office of Member of Parliament (second sentence of Article 38.1 of the... Read more
4.5.11
Institutions - Legislative bodies - Status of members of legislative bodies.
4.9.9.3
Institutions - Elections and instruments of direct democracy - Voting procedures - Voting.
5.3.41.3
Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting.
COVID-19, pandemic, measures / COVID-19 regulations, scope, limits / Election, ballot, access, limitation / Election, restriction / Parliament, member, freedom to exercise office.
1. The second sentence of Article 3.3 of the Basic Law prohibits direct and indirect discrimination on the basis of disability by the state and imposes on the state a mandate to effectively protect persons with disabilities against disadvantaging on the basis of their disability, including by third parties (mandate of protection).
2. In certain situations, where persons with disabilities are... Read more
1.3.5.15
Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.
2.1.1.4
Sources - Categories - Written rules - International instruments.
3.18
General Principles - General interest.
3.19
General Principles - Margin of appreciation.
4.14
Institutions - Activities and duties assigned to the State by the Constitution.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.2.1
Fundamental Rights - Equality - Scope of application.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.4.1
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Constitutional complaint, legislative inaction / Convention on the Rights of Persons with Disabilities / Disability, accommodation / Disability, disadvantaging, protection, legislation / Disability, healthcare, access / Disability, persons, rights / Disability, stereotyping / Discrimination, disability / Discrimination, healthcare / Discrimination, private actors / General interest, state, duty of protection, disability / Healthcare, hospital, intensive care / Medical resources, allocation, shortage / Protection, duty, state / Right to health, access, equal / Intensive care, triage / Vulnerable persons, persons with disabilities.
1. The imposition of a limited vaccination mandate in the health and care sector is not per se unconstitutional.
2. Constitutional concerns arise from the legislative design of a vaccination mandate where the legislator relies on a two-stage dynamic reference in the sense that the challenged provision makes reference to a different legal instrument (ordinance), which in turn refers to the... Read more
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
1.4.2
Constitutional Justice - Procedure - Summary procedure.
3.4
General Principles - Separation of powers.
3.12
General Principles - Clarity and precision of legal provisions.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
3.19
General Principles - Margin of appreciation.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / COVID-19, pandemic, legislative response / Disability, persons, protection / General interest, healthcare system, proper functioning / General interest, life and health, protection / Infectious disease, protection / Legal provision, suspension / Subject of review, law, direct challenge / Vaccination, obligatory / Vulnerable persons, protection.
Statements made with the intent to obstruct or prevent the effectiveness of protective measures under the special legal order will only be penalised if the perpetrator knew, or should have known, that they were false at the time he or she made them.
3.12
General Principles - Clarity and precision of legal provisions.
4.18
Institutions - State of emergency and emergency powers.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
COVID-19, special legal order.
The appearance of highly contagious diseases capable of spreading at a global level would suggest the need, within the constitutional system, for a single regulatory scheme, which is national in character and appropriate for preserving people’s equality in the exercise of their fundamental right to health, whilst also protecting the interests of society in general.
Every decision made in this... Read more
1.2.1.3
Constitutional Justice - Types of claim - Claim by a public body - Executive bodies.
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
1.3.5.8
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities.
1.5.4.5
Constitutional Justice - Decisions - Types - Suspension.
1.5.4.7
Constitutional Justice - Decisions - Types - Interim measures.
1.6.3
Constitutional Justice - Effects - Effect erga omnes.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
3.6.2
General Principles - Structure of the State - Regional State.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
4.8.8.2.1
Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation - Distribution
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Pandemic legislative response / Prophylaxis, inter-connection, national and international level.
Fundamental rights and freedoms cannot be restricted through Government decisions unless a restriction of the relevant right is provided by the law of the Assembly. The Government can only enforce a law of the Assembly that restricts a fundamental right and freedom only to the specific extent authorised by the Assembly through the relevant law.
Restrictions of fundamental rights and freedoms as... Read more
1.3.5.10
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
3.16
General Principles - Proportionality.
4.5.7
Institutions - Legislative bodies - Relations with the executive bodies.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
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.
COVID-19, Public health.
Even during a pandemic crisis, the Ministry of Health and all other public institutions must act in accordance with the law and obey the rule of law principles. Any interference on human rights and freedoms – even during a pandemic – must be in accordance with the law, pursue a legitimate aim and be necessary in a democratic society. Minor offences may only be prescribed by law. Minor offenses... Read more
1.2.1.2
Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
1.3.4.10
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments.
1.3.5.13
Constitutional Justice - Jurisdiction - The subject of review - Administrative acts.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.2.2.1
Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution.
3.4
General Principles - Separation of powers.
4.4.3.1
Institutions - Head of State - Powers - Relations with legislative bodies.
COVID-19, pandemic / COVID-19, pandemic / Institutional referral / Referral by 30 deputies / Article 113.2.1 of the Constitution / Freedom of movement / Fundamental rights and freedoms, limitation / Legitimate aim / Proportionality / Government / Parliament.
The right to health directly concerns everyone; it is an essential precondition for the exercise of any other fundamental human right. The rapid, uncontrolled spread of COVID-19 infection creates significant threats to society, in that it could lead to congestion in the health sector and jeopardise the continuity of healthcare services.
The mere fact that a state of emergency has not been... Read more
4.18
Institutions - State of emergency and emergency powers.
5.2
Fundamental Rights - Equality.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Health service / Shop, closure / Precaution, principle / Property, legal persons, equal treatment.
A relatively small difference between the minimum and maximum limits of a penalty does not allow for assessment by the courts of the proportionality of the penalty applied in relation to the offence and the circumstances of the case. This infringes the constitutional right to a fair trial.
3.14
General Principles -
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
COVID-19, pandemic / Epidemic diseases, rules, non-compliance, penalties.
A decision by the National Coordinating Body for Communicable Diseases that does not satisfy all formal requirements may still produce a legal effect to an indefinite number of persons.
The publication of names and addresses of persons in self-isolation in relation to COVID-19 on the Government’s website, without the consent of the concerned persons, violates their right to respect for their... Read more
1.3.5.14
Constitutional Justice - Jurisdiction - The subject of review - Government acts.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.16
General Principles - Proportionality.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / National Coordinating Body for Communicable Diseases / Epidemic, pandemic, COVID-19, public health, protection, self-isolation, publication, name, address / Health data, data processing, legal basis, consent / COVID-19, contact tracing application.
The right to be brought before a court upon an initial remand in custody is a basic due process guarantee and the Corona Regulations must be interpreted within the scope of Article 5.3 ECHR and Article 94.2 of the Constitution.
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.
COVID-19, regulations, scope, limits.
A duty to remain in quarantine applied to the owners of cabins in Sweden who were visiting them interfered with the right to respect for the individual’s home, which is protected under the Constitution and the European Convention of Human Rights. The interference was, however, lawful.
1.3.4.10
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
COVID-19, pandemic / Review, constitutional / Disease, infectious, measures / Home, respect.
The decision to adopt provisional measures to ensure the health, life and integrity of migrants who are being held in two migrant reception centres in Panamá established a number of minimum requirements to ensure the human rights of migrants held in such facilities due to border closures in the context of the COVID-19 pandemic. The difficulties of the current context required synergy and... Read more
2.1.1.4.11
Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969.
3.18
General Principles - General interest.
5.1.1.3
Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / Migrant, reception centres / Migrant rights / Right to health.
Questions had arisen over the constitutionality of regional government rules which subjected passengers who landed in the Azores Autonomous Region to mandatory confinement for fourteen days.
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
1.3.4.4
Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities.
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
4.8.8
Institutions - Federalism, regionalism and local self-government - Distribution of powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic / Regional rules, COVID 19, mandatory confinement.
1. The provisions that establish the causes of suspension of time-barring periods, although not directly contemplated by the letter of Article 29 of the Constitution, are covered, in principle, by the prohibition of retroactive application of the law.
2. In the present case, Article 7.3.4 of Law 1-A/2020, of 19 March which provided for the suspension of the time-barring periods regarding... Read more
5.3.38
Fundamental Rights - Civil and political rights - Non-retrospective effect of law.
COVID-19, pandemic / Administrative proceedings / Time-bar, criminal and administrative offences / Suspension.
A Government decree established that the violation of the duty of confinement determined by the health authorities entailed the commission of a crime of disobedience. This was in line with the principle of certainty of the law and with the separation of powers.
3.10
General Principles - Certainty of the law.
4.6.2
Institutions - Executive bodies - Powers.
4.6.3.1
Institutions - Executive bodies - Application of laws - Autonomous rule-making powers.
COVID-19, pandemic, measures.
The Constitutional Court decided that a rule in a Decree by the Presidency of the Council of Ministers, establishing a measure of mandatory confinement, was not unconstitutional, because it was approved while the state of emergency was in force.
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
4.18
Institutions - State of emergency and emergency powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic, rights / Mandatory confinement.
A provision regulating "public disaster" appended as an Annex to a Council of Ministers Resolution was unconstitutional, to the extent that it permitted an indefinite number of people to be deprived of their freedom based on an administrative order, with no judicial control.
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
4.18
Institutions - State of emergency and emergency powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic, rights / Mandatory confinement.
A provision that regulates "public disaster" appended as an Annex to a Council of Ministers Resolution was unconstitutional, to the extent that it allowed any citizen to be deprived of their freedom based on an administrative order, with no judicial control.
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
4.18
Institutions - State of emergency and emergency powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic, rights / Mandatory confinement.
A provision of a norm regulating "public disaster," appended as an Annex to a Council of Ministers Resolution was unconstitutional, to the extent that it provided that any Portuguese or foreign citizen, whether resident in Portugal or not, who enters Portugal in a flight departing from a country included in a list of countries set by members of Government responsible for foreign affairs, defence,... Read more
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
3.10
General Principles - Certainty of the law.
4.6.2
Institutions - Executive bodies - Powers.
4.6.3.1
Institutions - Executive bodies - Application of laws - Autonomous rule-making powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic, rights / Mandatory confinement.
The imposition of restrictions on freedom of movement during the pandemic has a constitutionally significant purpose and was dictated by the objective need to respond promptly to the extraordinary (unprecedented) danger of the spread of the coronavirus (COVID-2019).
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
COVID-19, coronavirus, infection / Freedom of movement, restriction / public health, protection, pandemic.
COVID-19 could be considered as a public danger that threatens the survival of the state or its citizens. The decision to declare a state of emergency because of the epidemic was in line with the Constitution.
4.18
Institutions - State of emergency and emergency powers.
5.1.5
Fundamental Rights - General questions - Emergency situations.
COVID-19 / State of emergency, declaration.
The rights regarding legal certainty in criminal law, included in Article 34 of the Constitution are non-derogable rights.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.14
Fundamental Rights - Civil and political rights -
COVID-19, state of emergency, measures / Derogation, measures, fundamental rights, competence to prescribe.
The current Covid-19 pandemic and the necessity of protecting the life and health of the population justifies certain interferences with fundamental rights, namely in this case with the right to privacy and personal data protection. However, in adopting measures aimed at preventing further spread of the disease, the legislator must pass legislation which is clear, unambiguous and which provides... Read more
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.36.2
Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications.
COVID-19, pandemic / COVID-19, pandemic / Data, personal / Data, telecommunications.
A legislative prohibition on movement the aim of which was to contain the spread of a contagious disease pursued a constitutionally admissible objective. That objective was the protection of human health and life. To secure those objectives was, moreover, a constitutional obligation laid upon state authorities.
3.16
General Principles - Proportionality.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
COVID-19 / SARS-COV-2 / COVID-19, epidemic, measures / COVID-19, pandemic, measures.
Orders by which the Government extends the validity of a regulation that determined certain measures for fighting the COVID-19 epidemic are also regulations. They must therefore be published before they enter into force. Government orders that had not been published in the Official Gazette, could not therefore have entered into force, which in turn affected the validity of measures set out in a... Read more
3.16
General Principles - Proportionality.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
COVID-19 / SARS-COV-2 / COVID-19, epidemic, measures / COVID-19, pandemic, measures.
The State is not only bound by a negative duty to refrain from interferences with the right of peaceful assembly and public meeting, but also by a positive duty to foster and protect the exercise of this right.
When adopting measures to fight the spread of COVID-19, the Government must duly consider the proportionality of the envisaged measures and apply less stringent measures if such are... Read more
3.4
General Principles - Separation of powers.
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
3.19
General Principles - Margin of appreciation.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures.
The governmental ordinances prohibiting public protests and strictly limiting the number of participants severely interfere with the right of peaceful assembly and meeting in public as provided in Article 42 of the Constitution due to their length and effects.
The State is not only bound by a negative duty to refrain from interferences with the right of peaceful assembly and public meeting, but... Read more
3.13
General Principles - Legality.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
4.18
Institutions - State of emergency and emergency powers.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / Social distancing / Hygiene concept.
Human rights and fundamental freedoms may only be limited by a law. The legislature may, however, leave to the executive branch of government the more detailed regulation of limitations on such rights and freedoms in so far as they have been prescribed by the legislature itself. It may only do so if the authorising legislation prescribes with sufficient precision the criteria applicable to such... Read more
3.13
General Principles - Legality.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
COVID-19, pandemic, measures / Child, educational and recreational facilities, access / Children, special needs, condition, mental and physical / Disease, infectious, measures / School, learning distance.
The legality principle is a fundamental constitutional principle. The legislature may adopt legislation that authorises the executive to adopt measures that implement it. When the legislature does so the legislation must set out the framework for, and provide guidelines regulating the content of, the implementing measures. The legislative intention, and value criteria for implementing the law,... Read more
3.13
General Principles - Legality.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
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.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / Disease, infectious, measures / Freedom of enterprise, restriction / Freedom of economic activity / Freedom of work / Principle, legality / Regulation, implementing / Statutory basis, requirement, law, constitutional.
A Government ordinance required public sector employees to fulfil a ‘recovered-vaccinated’ requirement. The Constitutional Court established that the measure was not adopted in conformity with statutory requirements governing the implementation of (mandatory) vaccination provisions applicable to employees. As such it the measure was inconsistent with the principle of legality (Article 120.2 of... Read more
3.13
General Principles - Legality.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / Disease, infectious, measures / Employment, public-sector / Employment, health, protection, workplace / Employment, sanction, occupational / Health pass, requirement to show / Health, public, vaccination, compulsory / Vaccination, compulsory / Disease, infectious, vaccination, obligatory.
Several legislative provisions had been enacted with a view to containing the spread of COVID 19. Certain encroachments on human rights and freedoms may be permissible under a state of emergency or martial law, but they must be put into place in accordance with the law and the Constitution. Some of the provisions set limits on judge’s salaries during quarantine; this created uncertainty and ran... Read more
3.10
General Principles - Certainty of the law.
4.6.2
Institutions - Executive bodies - Powers.
4.7.4.1.6
Institutions - Judicial bodies - Organisation - Members - Status.
COVID-19 / Judge, remuneration, reduction, coronavirus / Independence, judiciary, encroachment.
Severe acute respiratory syndrome coronavirus 2 ("COVID-19") and the restrictions imposed to respond to the resulting health emergency caused widespread business interruption in the UK. The present proceedings were brought by the UK Financial Conduct Authority (hereinafter, the "FCA"), one of the two UK financial services regulators, pursuant to an agreement made with leading insurance companies... Read more
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
3.25
General Principles - Market economy.
Insurance policies / COVID-19, pandemic / Test case.
The Secretary of Health and Human Services does not exceed its statutory authority in issuing an interim final rule amending the conditions of participation in Medicare and Medicaid by adding a requirement that participating healthcare facilities ensure that their staff is vaccinated against COVID-19.
An interim final rule amending conditions of participation in Medicare and Medicaid, whichadds... Read more
1.3.5.8
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Vaccination / Assistance, government / Health insurance.
Congress is expected to speak clearly when authorising a federal agency to exercise powers of vast economic and political significance.
While COVID-19 is a risk that occurs in many workplaces, it is not an occupational hazard in the sense that it would empower the Occupational Safety and Health Administration to issue an emergency temporary standard necessary to protect employees against grave... Read more
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Vaccination / Government, power / Workplace safety.
1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies. BRA-2020-2-009 1.2.1.1 Constitutional Justice - Types of claim - Claim by a public body - Head of State. ARG-2020-1-001, FRA-2020-2-006 1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies. FRA-2020-2-006, KOS-2020-2-002 1.2.1.3 Constitutional Justice - Types of claim - Claim by a public body - Executive bodies. ITA-2021-2-005 1.2.2.5 Constitutional Justice - Types of claim - Claim by a private body or individual - Trade unions. BRA-2020-1-005 1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review. GER-2022-1-005 1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review. KOS-2020-2-002, CRO-2020-3-007 1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms. KOS-2020-2-002 1.3.4.3 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities. BRA-2020-2-014, BRA-2020-3-029, ITA-2021-2-005, POR-2021-2-005, USA-2022-1-002 1.3.4.4 Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities. BRA-2020-3-029, POR-2021-2-005 1.3.4.6 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of referendums and other instruments of direct democracy . BRA-2020-2-016 1.3.4.7.2 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights. POR-2021-2-005, POR-2022-1-001, POR-2022-1-002, POR-2022-1-003, POR-2022-1-004 1.3.4.10 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments. KOS-2020-2-002, NOR-2022-1-001 1.3.5.8 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities. ITA-2021-2-005, USA-2022-1-001 1.3.5.9 Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules. ARG-2020-1-001 1.3.5.10 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive. KOS-2020-1-001, CRO-2020-3-007 1.3.5.13 Constitutional Justice - Jurisdiction - The subject of review - Administrative acts. KOS-2020-2-002 1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts. MNE-2020-2-001 1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation. GER-2021-3-026 1.4.2 Constitutional Justice - Procedure - Summary procedure. GER-2022-1-005 1.4.3 Constitutional Justice - Procedure - Time-limits for instituting proceedings. AUT-2020-2-002 1.4.3.3 Constitutional Justice - Procedure - Time-limits for instituting proceedings - Leave to appeal out of time. CZE-2021-1-002 1.4.4 Constitutional Justice - Procedure - Exhaustion of remedies. GER-2020-3-029 1.4.6.1 Constitutional Justice - Procedure - Grounds - Time-limits. AUT-2020-2-002 1.4.9.2 Constitutional Justice - Procedure - Parties - Interest. AUT-2020-2-002 1.5.3 Constitutional Justice - Decisions - Form. ARG-2020-1-001 1.5.4.5 Constitutional Justice - Decisions - Types - Suspension. ITA-2021-2-005 1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures. BRA-2020-1-005, GER-2020-1-007, BRA-2020-2-009, BRA-2020-2-011, BRA-2020-3-020, ITA-2021-2-005, GER-2021-1-009 1.6.3 Constitutional Justice - Effects - Effect erga omnes. ITA-2021-2-005 1.6.8 Constitutional Justice - Effects - Influence on everyday life. BRA-2020-2-012, BRA-2020-3-020, BRA-2020-3-022, BRA-2020-3-026, BRA-2020-3-029 2.1.1.1 Sources - Categories - Written rules - National rules. ITA-2021-2-005 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. KOS-2020-2-002, ITA-2021-2-005, NOR-2022-1-001, CZE-2021-1-002 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. EST-2021-3-004 2.1.1.4 Sources - Categories - Written rules - International instruments. GER-2021-3-026 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. BIH-2020-1-001, KOS-2020-1-001, MNE-2020-2-001, FRA-2020-3-013, BIH-2021-1-002 2.1.1.4.6 Sources - Categories - Written rules - International instruments - European Social Charter of 1961. CRO-2020-3-009 2.1.1.4.11 Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969. IAC-2020-2-001 2.1.1.4.19 Sources - Categories - Written rules - International instruments - International conventions regulating diplomatic and consular relations. BRA-2020-2-017 2.1.3.1 Sources - Categories - Case-law - Domestic case-law. KOS-2020-2-002, GBR-2020-3-003 2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights. KOS-2020-1-001 2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution. KOS-2020-2-002 2.2.2.2 Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law. ITA-2021-2-005 3.3 General Principles - Democracy. BRA-2020-1-007 3.4 General Principles - Separation of powers. KOS-2020-1-001, KOS-2020-2-002, SLO-2021-2-005, GER-2022-1-005 3.6.2 General Principles - Structure of the State - Regional State. BRA-2020-2-012, BRA-2020-2-013, BRA-2020-2-014, BRA-2020-3-020, BRA-2020-3-022, BRA-2020-3-026, BRA-2020-3-029, ITA-2021-2-005 3.7 General Principles - Relations between the State and bodies of a religious or ideological nature. BRA-2020-3-029 3.9 General Principles - Rule of law. BIH-2020-1-001, KOS-2020-1-001, CRO-2020-3-007, CRO-2021-2-008, ITA-2021-2-005, BIH-2021-1-002, CZE-2021-1-002 3.10 General Principles - Certainty of the law. UKR-2020-2-015, ITA-2021-2-005, POR-2021-3-015, POR-2022-1-004 3.12 General Principles - Clarity and precision of legal provisions. BIH-2020-1-001, AUT-2020-2-002, HUN-2020-2-003, BIH-2022-1-001, GER-2022-1-005, FRA-2021-1-006 3.13 General Principles - Legality. AUT-2020-2-002, CRO-2020-3-009, SLO-2021-2-005, SLO-2021-2-006, SLO-2022-1-001, SLO-2022-1-002, SLO-2022-1-003, CRO-2021-1-001, CRO-2021-1-002 3.14 General Principles - Nullum crimen, nulla poena sine lege. MDA-2020-2-005 3.16 General Principles - Proportionality. BIH-2020-1-001, KOS-2020-1-001, AUT-2020-2-003, CRO-2020-2-004, FRA-2020-2-006, MNE-2020-2-001, CRO-2020-3-007, CRO-2020-3-009, FRA-2020-3-012, RUS-2020-3-007, CRO-2021-2-008, CRO-2021-2-009, FRA-2021-2-012, SLO-2021-2-005, SLO-2021-2-006, FRA-2021-3-018, GER-2021-3-022, GER-2021-3-023, FRA-2022-1-002, BIH-2021-1-002, CRO-2021-1-001, CRO-2021-1-002, FRA-2021-1-002, SLO-2021-1-003, SLO-2021-1-004 3.17 General Principles - Weighing of interests. BIH-2020-1-001, GER-2020-1-007, CRO-2020-3-007, CRO-2020-3-009, GER-2021-3-023, GER-2022-1-005, BIH-2021-1-002, CRO-2021-1-001, CRO-2021-1-002, GER-2021-1-009 3.18 General Principles - General interest. FRA-2020-2-007, IAC-2020-2-001, CRO-2020-3-007, CRO-2020-3-009, RUS-2020-3-007, SLO-2021-2-005, SLO-2021-2-006, GER-2021-3-022, GER-2021-3-023, GER-2021-3-026, GER-2022-1-005, CRO-2021-1-001, CRO-2021-1-002 3.19 General Principles - Margin of appreciation. AUT-2020-2-003, FRA-2020-3-013, SLO-2021-2-005, GER-2021-3-022, GER-2021-3-023, GER-2021-3-026, FRA-2022-1-002, GER-2022-1-005 3.20 General Principles - Reasonableness. GER-2021-3-023 3.21 General Principles - Equality. BRA-2020-3-022 3.22 General Principles - Prohibition of arbitrariness. BIH-2020-1-001, BIH-2021-1-002, CZE-2021-1-002 3.25 General Principles - Market economy. BRA-2020-1-006, GBR-2020-3-003 4.4.3.1 Institutions - Head of State - Powers - Relations with legislative bodies. KOS-2020-2-002 4.4.3.4 Institutions - Head of State - Powers - Promulgation of laws. BRA-2020-2-010, BRA-2020-3-025 4.4.3.5 Institutions - Head of State - Powers - International relations. BRA-2020-2-017 4.4.6.1.1 Institutions - Head of State - Status - Liability - Legal liability. BRA-2020-3-025 4.5 Institutions - Legislative bodies. BEN-2020-A-005 4.5.2 Institutions - Legislative bodies - Powers. ARG-2020-1-001, CRO-2020-3-007, BEN-2020-A-005, CRO-2021-2-009 4.5.2.1 Institutions - Legislative bodies - Powers - Competences with respect to international agreements. ARG-2020-1-001 4.5.2.2 Institutions - Legislative bodies - Powers - Powers of enquiry. ARG-2020-1-001, BRA-2021-2-017 4.5.2.3 Institutions - Legislative bodies - Powers - Delegation to another legislative body. ARG-2020-1-001 4.5.3.1 Institutions - Legislative bodies - Composition - Election of members. BEN-2020-A-005 4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure. FRA-2021-1-006 4.5.4.4 Institutions - Legislative bodies - Organisation - Committees. BRA-2021-2-017 4.5.6 Institutions - Legislative bodies - Law-making procedure. ARG-2020-1-001 4.5.7 Institutions - Legislative bodies - Relations with the executive bodies. KOS-2020-1-001, BRA-2021-2-017, CRO-2021-2-009 4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies. GER-2021-3-024 4.6.2 Institutions - Executive bodies - Powers. UKR-2020-2-015, FRA-2020-3-012, FRA-2021-2-012, FRA-2021-3-018, POR-2021-3-015, POR-2022-1-004, CRO-2021-1-001, CRO-2021-1-002 4.6.3 Institutions - Executive bodies - Application of laws. BRA-2020-2-015 4.6.3.1 Institutions - Executive bodies - Application of laws - Autonomous rule-making powers. POR-2021-3-015, POR-2022-1-004 4.6.3.2 Institutions - Executive bodies - Application of laws - Delegated rule-making powers. AUT-2020-2-002, CRO-2020-3-007, SLO-2021-2-005, SLO-2021-2-006 4.6.6 Institutions - Executive bodies - Relations with judicial bodies. FRA-2020-3-012, FRA-2021-2-012, FRA-2021-3-018 4.6.10.1.2 Institutions - Executive bodies - Liability - Legal liability - Civil liability. BRA-2020-2-018 4.6.10.1.3 Institutions - Executive bodies - Liability - Legal liability - Criminal liability. BRA-2020-2-018 4.6.10.2 Institutions - Executive bodies - Liability - Political responsibility. BRA-2020-2-010 4.7.4.1.6 Institutions - Judicial bodies - Organisation - Members - Status. UKR-2020-2-015 4.7.16.1 Institutions - Judicial bodies - Liability - Liability of the State. BRA-2020-2-010 4.8.1 Institutions - Federalism, regionalism and local self-government - Federal entities. BRA-2020-2-012, BRA-2020-2-013, BRA-2020-2-014, BRA-2020-3-020, BRA-2020-3-022, BRA-2020-3-026, BRA-2020-3-027, BRA-2020-3-029, BRA-2021-2-017 4.8.3 Institutions - Federalism, regionalism and local self-government - Municipalities. BRA-2020-3-020, BRA-2020-3-029 4.8.4.1 Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy. BRA-2020-3-020, BRA-2020-3-027, BRA-2020-3-029 4.8.7 Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects. BRA-2020-2-015 4.8.7.2 Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Arrangements for distributing the financial resources of the State. BRA-2020-2-013 4.8.8 Institutions - Federalism, regionalism and local self-government - Distribution of powers. POR-2021-2-005 4.8.8.2.1 Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation - Distribution ratione materiae. ITA-2021-2-005 4.9 Institutions - Elections and instruments of direct democracy. FRA-2020-2-007, CRO-2020-3-008, BEN-2020-A-005 4.9.1 Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting. BEN-2020-A-005 4.9.3.1 Institutions - Elections and instruments of direct democracy - Electoral system - Method of voting. BEN-2020-A-005 4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates. BRA-2020-2-016 4.9.9.3 Institutions - Elections and instruments of direct democracy - Voting procedures - Voting. GER-2021-3-024 4.9.9.6 Institutions - Elections and instruments of direct democracy - Voting procedures - Casting of votes. CRO-2020-2-004 4.9.13 Institutions - Elections and instruments of direct democracy - Judicial control. FRA-2020-2-007 4.10.2 Institutions - Public finances - Budget. BRA-2020-2-010, BRA-2020-2-015 4.10.7 Institutions - Public finances - Taxation. BRA-2020-2-015 4.14 Institutions - Activities and duties assigned to the State by the Constitution. GER-2021-3-023, GER-2021-3-026 4.16 Institutions - International relations. BRA-2020-2-017 4.18 Institutions - State of emergency and emergency powers. BIH-2020-1-001, BRA-2020-1-005, KOS-2020-1-001, BRA-2020-2-013, BRA-2020-2-014, HUN-2020-2-003, SRB-2020-2-002, FRA-2020-3-012, FRA-2020-3-013, SRB-2020-3-003, ECH-2021-2-017, FRA-2021-2-012, SLO-2021-2-005, SLO-2021-2-006, FRA-2021-3-018, LAT-2022-1-002, POR-2022-1-001, POR-2022-1-002, POR-2022-1-003, BIH-2021-1-002, CZE-2021-1-002, FRA-2021-1-006 5.1.1 Fundamental Rights - General questions - Entitlement to rights. CHI-2020-1-003 5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners. IAC-2020-2-001, EST-2021-3-004 5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated. BRA-2020-2-010 5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees. CHI-2020-1-003, FRA-2021-1-001, FRA-2021-1-002 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. IAC-2020-2-001, GER-2021-3-023, GER-2021-3-026 5.1.4 Fundamental Rights - General questions - Limits and restrictions. KOS-2020-1-001, FRA-2020-2-006, MDA-2020-2-005, MNE-2020-2-001, CRO-2020-3-007, FRA-2020-3-012, FRA-2020-3-013, SRB-2020-3-003, CRO-2021-2-008, ECH-2021-2-017, FRA-2021-2-012, SLO-2021-2-005, SLO-2021-2-006, FRA-2021-3-018, CRO-2021-1-001, CRO-2021-1-002 5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation. BIH-2020-1-001, BIH-2021-1-002 5.1.4.3 Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation. BIH-2020-1-001, GER-2021-3-022, BIH-2021-1-002 5.1.5 Fundamental Rights - General questions - Emergency situations. BIH-2020-1-001, KOS-2020-1-001, AUT-2020-2-002, AUT-2020-2-003, FRA-2020-2-006, FRA-2020-2-007, MNE-2020-2-001, SRB-2020-2-002, CRO-2020-3-007, CRO-2020-3-008, CRO-2020-3-009, FRA-2020-3-012, FRA-2020-3-013, CRO-2021-2-008, FRA-2021-2-012, SLO-2021-2-005, SLO-2021-2-006, FRA-2021-3-018, GER-2021-3-022, GER-2022-1-005, BIH-2021-1-002, CRO-2021-1-001, CRO-2021-1-002, FRA-2021-1-001, FRA-2021-1-002, SLO-2021-1-003, SLO-2021-1-004 5.2 Fundamental Rights - Equality. CHI-2020-1-003, AUT-2020-2-003, LAT-2022-1-002 5.2.1 Fundamental Rights - Equality - Scope of application. GER-2021-3-026 5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment. BRA-2020-1-005, CRO-2021-1-002 5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections. FRA-2020-2-007 5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age. CHI-2020-1-003 5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability. GER-2021-3-026, SLO-2022-1-001 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. BRA-2020-3-023, CRO-2020-3-009, GER-2021-3-026 5.3.2 Fundamental Rights - Civil and political rights - Right to life. BRA-2020-2-010, BRA-2020-2-012, BRA-2020-2-013, BRA-2020-2-014, BRA-2020-2-019, IAC-2020-2-001, BRA-2020-3-020, BRA-2020-3-022, BRA-2020-3-023, BRA-2020-3-025, BRA-2020-3-026, BRA-2020-3-029, CRO-2020-3-007, GER-2020-3-029, SLO-2021-2-006, GER-2021-3-023, GER-2021-3-026, GER-2022-1-005, SLO-2022-1-002 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. CRC-2021-3-001 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. IAC-2020-2-001, GER-2020-3-029, GER-2021-3-026, GER-2022-1-005 5.3.4.1 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments. GER-2021-3-026 5.3.5 Fundamental Rights - Civil and political rights - Individual liberty. CHI-2020-1-003, FRA-2021-2-012 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. ECH-2021-2-017, POR-2021-2-005, FRA-2022-1-002, POR-2022-1-001, POR-2022-1-002, POR-2022-1-003, POR-2022-1-004 5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest. CRC-2021-3-001 5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial. NOR-2020-1-006, CRO-2020-2-002, FRA-2021-1-001, FRA-2021-1-002 5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement. BIH-2020-1-001, KOS-2020-1-001, AUT-2020-2-002, FRA-2020-2-006, CRO-2020-3-007, RUS-2020-3-007, SRB-2020-3-003, ECH-2021-2-017, FRA-2021-2-012, SLO-2021-2-005, SLO-2021-2-006, FRA-2022-1-002, BIH-2021-1-002, SLO-2021-1-003 5.3.12 Fundamental Rights - Civil and political rights - Security of the person. BRA-2020-3-025, CRC-2021-3-001 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. NOR-2020-1-006, CRO-2020-2-002, MDA-2020-2-005, BIH-2022-1-001 5.3.13.1.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings. CRC-2020-3-002, CRC-2021-3-001 5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings. CRO-2021-2-009 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. CRC-2020-3-002, CRC-2021-3-001, FRA-2021-1-001 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. CRO-2020-3-007 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. CRO-2021-2-009, ECH-2021-3-023, EST-2021-3-004, FRA-2021-1-002, GER-2021-1-006 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. CRC-2021-3-001 5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing. CRC-2020-3-002 5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice. CRC-2020-3-002, FRA-2020-3-013, FRA-2021-1-001 5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. CRO-2020-2-002, CRC-2020-3-002 5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. CRO-2020-2-002 5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem. SRB-2020-3-003 5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime. CHI-2020-1-003 5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion. CHI-2020-1-003 5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship. CRO-2021-1-001, CRO-2021-1-002 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. FRA-2020-2-006, HUN-2020-2-003, FRA-2022-1-002 5.3.24 Fundamental Rights - Civil and political rights - Right to information. BRA-2020-1-007, BRA-2020-2-019 5.3.25 Fundamental Rights - Civil and political rights - Right to administrative transparency. BRA-2020-1-007, BRA-2020-2-019 5.3.27 Fundamental Rights - Civil and political rights - Freedom of association. SLO-2021-2-005, SLO-2021-2-006 5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly. KOS-2020-1-001, SLO-2021-2-005, SLO-2021-2-006, FRA-2022-1-002 5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity. FRA-2022-1-002 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. KOS-2020-1-001, SVK-2020-2-001, CRO-2020-3-009, CRO-2021-2-008, BIH-2021-1-002 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. BRA-2020-2-011, FRA-2020-2-006, MNE-2020-2-001, SVK-2020-2-001, FRA-2020-3-012, FRA-2021-2-012, FRA-2021-3-018 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. KOS-2020-1-001, CRO-2021-2-008, GER-2021-3-022, GER-2021-3-023, GER-2021-1-006 5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home. CRO-2021-2-008, NOR-2022-1-001 5.3.36.2 Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications. BRA-2020-2-011, SVK-2020-2-001 5.3.38 Fundamental Rights - Civil and political rights - Non-retrospective effect of law. POR-2021-2-011 5.3.39 Fundamental Rights - Civil and political rights - Right to property. MDA-2020-2-005, CRO-2021-2-009, CRO-2021-1-002 5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations. AUT-2020-2-003, LAT-2022-1-002 5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote. CRO-2020-2-004, CRO-2020-3-008 5.3.41.3 Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting. GER-2021-3-024 5.3.41.6 Fundamental Rights - Civil and political rights - Electoral rights - Frequency and regularity of elections. FRA-2020-2-007, CRO-2020-3-008 5.3.43 Fundamental Rights - Civil and political rights - Right to self fulfilment. GER-2021-3-022 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. BIH-2020-1-001, GER-2021-3-023, SLO-2022-1-001 5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities. BRA-2020-3-022 5.4 Fundamental Rights - Economic, social and cultural rights. GER-2021-3-023 5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education. SLO-2022-1-001, SLO-2021-1-004 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. BRA-2020-1-005, BRA-2020-1-006, CRO-2021-2-009, SLO-2022-1-002, SLO-2022-1-003 5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. GER-2022-1-005 5.4.5 Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration. CRO-2021-2-009 5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. BRA-2020-3-027, CRO-2021-2-009, SLO-2022-1-002, CRO-2021-1-002, CZE-2021-1-002 5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions. BRA-2020-1-005 5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security. CRO-2021-2-009 5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions. BRA-2020-1-005, BRA-2020-1-006, USA-2022-1-002 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. CHI-2020-1-003, AUT-2020-2-002, AUT-2020-2-003, BRA-2020-2-010, BRA-2020-2-012, BRA-2020-2-013, BRA-2020-2-014, BRA-2020-2-019, FRA-2020-2-006, IAC-2020-2-001, MNE-2020-2-001, BRA-2020-3-020, BRA-2020-3-022, BRA-2020-3-026, BRA-2020-3-029, CRO-2020-3-007, FRA-2020-3-012, FRA-2020-3-013, FRA-2021-2-012, ITA-2021-2-005, SLO-2021-2-005, SLO-2021-2-006, FRA-2021-3-018, GER-2021-3-026, FRA-2022-1-002, GER-2022-1-005, LAT-2022-1-002, SLO-2022-1-002, SLO-2022-1-003, USA-2022-1-001, USA-2022-1-002, CRO-2021-1-001, CRO-2021-1-002, FRA-2021-1-001
Access to court, limitations
EST-2021-3-004 Administration, efficiency
BRA-2020-2-019, BRA-2020-2-013, BRA-2020-2-009, BRA-2020-2-014 Administration, flexibility
BRA-2020-2-013 Administration, morality, principle
BRA-2020-2-013 Administrative proceedings
POR-2021-2-011 Agreement, international, applicability
BRA-2020-2-013 Agreement, international, binding force
BRA-2020-2-013 Ambassador
BRA-2020-2-017 Appeal, financial, adequate
BRA-2020-2-013 Appearance, videoconference
FRA-2021-1-001 Article 113.2.1 of the Constitution
KOS-2020-2-002 Assistance, government
USA-2022-1-001 Bank, loan
BRA-2020-3-027 Bankruptcy proceedings, extraordinary circumstances, intervention measures
CRO-2021-2-009 Benefit, governmental
BRA-2020-2-010 Border controls
FRA-2021-2-012 Budget Act
BRA-2020-2-015 Budget Law
BRA-2020-2-015 Budget, control, state
BRA-2020-2-015, BRA-2020-2-010 Budget, law, amendment
BRA-2020-2-015 Budget, supplementary
BRA-2020-2-015 Budgetary balance, principle
BRA-2020-2-010 Capital washing
BRA-2020-2-013 Catering facilities, suspension of work
CRO-2021-1-002 Child, educational and recreational facilities, access
SLO-2022-1-001 Child, personality, development
GER-2021-3-023 Children, special needs, condition, mental and physical
SLO-2022-1-001 Children, special needs, mental and physical condition
BIH-2020-1-001 Circumstance, exceptional
BIH-2020-1-001, BIH-2021-1-002 Civil servant, authority, misuse
BRA-2020-2-018 Civil servant, disciplinary procedure
BRA-2020-2-018 Civil servant, duties under terms of service
BRA-2020-2-018 Civil servant, measure, disciplinary
BRA-2020-2-018 Civil servant, negligence, damage caused, personal liability
BRA-2020-2-018 Civil servant, rights and obligations
BRA-2020-2-018 Coercion, freedom of action, general
GER-2021-3-022 Commission, procedure, administrative, guarantees
BRA-2021-2-017 Constitutional complaint, legislative inaction
GER-2021-3-026 Continuation of custody
FRA-2021-1-002 Contract, legislative intervention
BRA-2020-3-027 Convention on the Rights of Persons with Disabilities
GER-2021-3-026 COVID 19
CRO-2020-2-004, CZE-2021-1-002, CRO-2021-1-001 COVID-19
UKR-2020-2-015, SRB-2020-2-002, SLO-2021-1-003, FRA-2021-1-002, CRO-2021-1-002, SLO-2021-1-004 COVID-19 pandemic, entry to the European Union, temporary restriction
GER-2021-1-006 COVID-19 pandemic, travel to the European Union, temporary restriction
GER-2021-1-006 COVID-19 regulations, scope, limits
GER-2021-3-022, GER-2021-3-024 COVID-19, ban, limitation, private gatherings
CRO-2021-2-008 COVID-19, contact tracing application
MNE-2020-2-001 COVID-19, coronavirus, infection
RUS-2020-3-007 COVID-19, disease, infectious, epidemic, face mask
CRO-2020-3-009 COVID-19, disease, infectious, epidemic, pandemic
CRO-2020-3-007 COVID-19, epidemic, chains of infection, identification, health-related data
FRA-2021-3-018 COVID-19, epidemic, measures
SLO-2021-1-004, SLO-2021-1-003 COVID-19, epidemic, pandemic
AUT-2020-2-003, FRA-2021-1-001, FRA-2021-1-002, FRA-2021-1-006 COVID-19, epidemic, pandemic.
AUT-2020-2-002 COVID-19, health pass, political meeting, access
FRA-2022-1-002 COVID-19, pandemic
BIH-2020-1-001, ARG-2020-1-001, GER-2020-3-029, BRA-2020-2-014, BRA-2020-2-015, GBR-2020-3-003, CRO-2020-2-002, KOS-2020-2-002, BRA-2020-2-013, FRA-2020-3-013, BRA-2020-3-022, MDA-2020-2-005, CRC-2020-3-002, BRA-2020-2-016, BRA-2020-2-017, BRA-2020-2-018, CRO-2021-2-008, FRA-2021-2-012, SVK-2020-2-001, SVK-2020-2-001, CRO-2021-2-009, MNE-2020-2-001, BRA-2020-3-023, BRA-2020-2-019, BRA-2020-2-017, BRA-2020-2-010, BRA-2020-3-025, FRA-2020-2-007, FRA-2020-2-006, BRA-2020-3-027, KOS-2020-2-002, BRA-2020-3-026, ITA-2021-2-005, BRA-2020-3-029, BRA-2020-2-009, BRA-2021-2-017, CHI-2020-1-003, GER-2020-1-007, BRA-2020-3-020, BRA-2020-2-011, BRA-2020-2-012, LAT-2022-1-002, CRC-2021-3-001, GER-2021-3-026, POR-2021-2-011, NOR-2022-1-001, GER-2021-3-023, POR-2021-2-005, BIH-2021-1-002, BIH-2022-1-001, ECH-2021-3-023, USA-2022-1-001, USA-2022-1-002, EST-2021-3-004 COVID-19, pandemic, chains of infection, identification, health data
FRA-2020-3-012 COVID-19, pandemic, contact restrictions
GER-2021-3-022 COVID-19, pandemic, legislative response
GER-2022-1-005 COVID-19, pandemic, measures
IAC-2020-2-001, ECH-2021-2-017, SLO-2021-2-006, SLO-2021-2-005, GER-2021-1-009, SLO-2021-1-004, POR-2021-3-015, SLO-2021-1-003, GER-2021-3-024, SLO-2022-1-003, SLO-2022-1-001, SLO-2022-1-002, GER-2022-1-005 COVID-19, pandemic, night curfew
GER-2021-1-009, GER-2021-3-022 COVID-19, pandemic, rights
POR-2022-1-001, POR-2022-1-002, POR-2022-1-003, POR-2022-1-004 COVID-19, prohibition of movement
BIH-2022-1-001 COVID-19, Public health
KOS-2020-1-001, BRA-2020-2-017 COVID-19, regulations, scope, limits
NOR-2020-1-006 COVID-19, special legal order
HUN-2020-2-003 COVID-19, state of emergency, measures
SRB-2020-3-003 COVID-19, supervision, police, search of home
CRO-2021-2-008 COVID-19, vaccine pass, places, access
FRA-2022-1-002 Credit
BRA-2020-3-027 Criminal court, person involved in court proceedings, appearance in person
FRA-2021-1-001 Criminal justice system, functioning
GER-2020-3-029 Data protection, unnecessary personal data, information concerning health Disease, infectious
BRA-2020-2-011 Data, access, public interest
BRA-2020-2-019, BRA-2020-2-011 Data, correction, right
BRA-2020-2-019 Data, personal
SVK-2020-2-001 Data, personal, protection
BRA-2020-2-011 Data, telecommunications
SVK-2020-2-001 Data, use, purpose limitation, principle
BRA-2020-2-011 Decentralisation of powers, principle
BRA-2020-3-020, BRA-2020-3-029 Decentralisation, limits
BRA-2020-3-029, BRA-2020-3-020 Degrading, treatment, severity, minimum
CRO-2020-3-009 Deposit Insurance Fund
BRA-2020-2-013 Deposit, amount, socially oriented
BRA-2020-2-013 Derogation, measures, fundamental rights, competence to prescribe
SRB-2020-3-003 Detention order, extension, reason
CRO-2020-2-002 Deviation of power
BRA-2020-2-013 Diplomat
BRA-2020-2-017 Diplomat, Accreditation
BRA-2020-2-017 Diplomatic Relations, Establishment
BRA-2020-2-017 Disability, accommodation
GER-2021-3-026 Disability, disadvantaging, protection, legislation
GER-2021-3-026 Disability, healthcare, access
GER-2021-3-026 Disability, persons, protection
GER-2022-1-005 Disability, persons, rights
BRA-2020-2-010, GER-2021-3-026 Disability, stereotyping
GER-2021-3-026 Disabled person, benefit, right
BRA-2020-2-010 Disabled person, social assistance
BRA-2020-2-010 Disabled person, social assistance, entitlement
BRA-2020-2-010 Disabled person, social assistance, entitlement, conditions
BRA-2020-2-010 Disabled person, welfare benefit, urgent need
BRA-2020-2-010 Discrimination, disability
GER-2021-3-026 Discrimination, healthcare
GER-2021-3-026 Discrimination, private actors
GER-2021-3-026 Disease, infectious
BRA-2020-3-020, BRA-2020-2-013, BRA-2020-2-012, BRA-2020-3-022, BRA-2020-3-029, BRA-2020-2-014, BRA-2020-2-016, BRA-2020-3-025, BRA-2020-3-026, BRA-2020-2-019, BRA-2020-2-010 Disease, infectious, measures
CRO-2021-1-001, CRO-2021-1-002, SLO-2022-1-002, NOR-2022-1-001, SLO-2022-1-003, SLO-2022-1-001 Disease, infectious, vaccination, obligatory
SLO-2022-1-003 Disease, statutory measures, constitutional grounds, judicial control, constitutional control, legitimate aim, self-isolation
CRO-2020-3-007 Dismissal, obligatory period
BRA-2020-2-016 Dispute, competence, central government, local government
BRA-2020-3-029, BRA-2020-3-020, BRA-2020-2-012, BRA-2020-3-026, BRA-2020-3-022 Division of powers
BRA-2020-3-020, BRA-2020-3-026, BRA-2020-2-012 Economic and financial crisis
BRA-2020-2-015 Economic and financial crisis, policy, measure
BRA-2020-1-005 Economic and financial situation, extremely difficult
BRA-2020-2-015 Economic policy, measure
BRA-2020-2-015 Economic situation, adjustment
BRA-2020-2-015 Economy, state intervention
BRA-2020-1-005 Economy, transition period
BRA-2020-2-015 Education program, government, financial assistance
BRA-2020-2-013 Education, equal opportunity
GER-2021-3-023 Education, State, duty
BRA-2020-2-013, GER-2021-3-023 Elderly person
BRA-2020-2-010 Election to Parliament, law
BRA-2020-2-016 Election, association
BRA-2020-2-016 Election, ballot, access, limitation
GER-2021-3-024 Election, candidacy, presentation by political party, requirement
BRA-2020-2-016 Election, candidate list, holder, status
BRA-2020-2-016 Election, candidate, procedure registration
BRA-2020-2-016 Election, Electoral Code, Constitution
BRA-2020-2-016 Election, electoral list, quota, sex
BRA-2020-2-016 Election, fairness, equal suffrage
FRA-2020-2-007 Election, local, early, suspension, special circumstances, COVID-19, infectious disease, epidemic
CRO-2020-3-008 Election, municipality
BRA-2020-2-016 Election, party, candidates, list, gender, balance
BRA-2020-2-016 Election, residency period, requirement
BRA-2020-2-016 Election, restriction
GER-2021-3-024 Election, vote, citizen, COVID-19, diagnosis
CRO-2020-2-004 Election, vote, outside polling station
CRO-2020-2-004 Emergency legislation, approval
BRA-2020-1-005 Emergency measure
BRA-2020-2-015 Emergency, assistance
BRA-2020-2-014, BRA-2020-2-013 Emergency, ongoing
BRA-2020-2-014, BRA-2020-2-013 Emergency, state, rule of law
BRA-2020-2-015 Employment, health, protection, workplace
SLO-2022-1-003 Employment, home office
AUT-2020-2-002 Employment, preservation, pandemic
BRA-2020-1-006 Employment, public-sector
SLO-2022-1-003 Employment, sanction, occupational
SLO-2022-1-003 Enforcement proceedings, extraordinary circumstances, COVID-19
CRO-2021-2-009 Enterprise, small and medium-sized
BRA-2020-1-006 Entrepreneur, market, equal position
CRO-2021-2-009 Entry ban, ban on operation
AUT-2020-2-003 Epidemic diseases, rules, non-compliance, penalties
MDA-2020-2-005 Epidemic, pandemic, COVID-19, public health, protection, self-isolation, publication, name, address
MNE-2020-2-001 Equality before the law
BRA-2020-3-022 Equality of rights and obligations
BRA-2020-3-022 Equality, equality of citizens before the law, general principle
BRA-2020-3-022 Equality, inequality, human rights of others, impact
BRA-2020-3-022 Equality, prohibition of discrimination
BRA-2020-3-022 Equality, violation
BRA-2020-3-022 Evaluation, legally significant facts
BRA-2020-2-013 Exceptional circumstances
FRA-2021-1-006 Exceptions, constitutional review
FRA-2021-1-006 Executive power, accountability
BRA-2020-2-015 Executive power, Federal President, integrative task of the office
BRA-2020-2-015 Executive regulations, statutory authority
CZE-2021-1-002 Executive, power, competences, scope
BRA-2020-2-012, BRA-2020-3-020, BRA-2020-3-022, BRA-2020-3-029, BRA-2020-3-025, BRA-2020-3-026 Expediency, requirement
CRO-2020-2-002 Expenditure, exceptional
BRA-2020-2-015 Expenditure, not provided for by law
BRA-2020-2-015 Expired legislation, temporal applicability, short, challenge, legal interest
AUT-2020-2-002 Expulsion
BRA-2020-2-017 Federation, legislature, powers, exceeding
BRA-2020-3-027 Financial control
BRA-2020-2-010 Financial mean, principle
BRA-2020-2-010 Foreigner, stay, termination, premature
EST-2021-3-004 Forest, protection
BRA-2020-2-013 Freedom of economic activity
SLO-2022-1-002 Freedom of enterprise, restriction
SLO-2022-1-002 Freedom of movement
KOS-2020-2-002 Freedom of movement of services
BRA-2020-3-020 Freedom of movement, restriction
RUS-2020-3-007 Freedom of movement, temporary restriction, access, second residence
AUT-2020-2-002 Freedom of physical movement
GER-2021-3-022 Freedom of work
SLO-2022-1-002 Freedom to travel
BRA-2020-3-020 Freedom, movement
BRA-2020-3-020 Freedom, restriction
BRA-2020-3-020 Fundamental right, equivalent protection
BRA-2020-3-026 Fundamental right, protection
BRA-2020-3-022, BRA-2020-3-020, BRA-2020-3-025, BRA-2020-3-029, BRA-2020-2-012 Fundamental rights and freedoms, limitation
KOS-2020-2-002 Funds, sickness
BRA-2020-2-015 General interest, fight against pandemic
GER-2021-3-023 General interest, healthcare system, proper functioning
GER-2022-1-005, GER-2021-3-023 General interest, life and health, protection
GER-2022-1-005 General interest, life and limb, protection
GER-2021-3-023 General interest, state, duty of protection, disability
GER-2021-3-026 Government
KOS-2020-2-002 Government act, legitimate purpose
BRA-2020-2-015 Government purpose, legitimate
BRA-2020-2-015 Government, authorisation
BRA-2020-2-015 Government, emergency decree, exceptional circumstances, interpretation
BRA-2020-2-015 Government, emergency order
BRA-2020-2-015 Government, information, duty to provide
BRA-2021-2-017 Government, power
USA-2022-1-002 Headquarters, statutory authority, measures, issue
CRO-2020-3-007 Health care, public office
BRA-2020-2-019, BRA-2020-2-014 Health care, public service
BRA-2020-2-013 Health care, right
BRA-2020-2-019, BRA-2020-2-013, BRA-2020-2-014 Health data, data processing, legal basis, consent
MNE-2020-2-001 Health emergency
FRA-2020-3-012 Health emergency, civil procedure, hearing, absence
FRA-2020-3-013 Health insurance
USA-2022-1-001 Health pass, requirement to show
FRA-2021-2-012, SLO-2022-1-003 Health protection, system
BRA-2020-2-013, BRA-2020-2-014, BRA-2020-2-010, BRA-2020-2-019 Health service
LAT-2022-1-002 Health situation, worsening
BRA-2020-2-013, BRA-2020-2-019, BRA-2020-2-014, BRA-2020-2-010 Health system, direct assistance
BRA-2020-2-019, BRA-2020-2-013, BRA-2020-2-014 Health, effective protection
BRA-2020-3-025, BRA-2020-3-029, BRA-2020-3-022, BRA-2020-2-010 Health, protection, effective
BRA-2020-3-026, BRA-2020-2-012, BRA-2020-3-020 Health, protection, program, Government
BRA-2020-2-013 Health, protection, programme, governmental
BRA-2020-2-014 Health, public health, public interest
BRA-2020-2-014, BRA-2020-2-013, BRA-2020-3-026, BRA-2020-2-019, BRA-2020-3-022, BRA-2020-2-010, BRA-2020-3-020, BRA-2020-2-012, BRA-2020-3-025, BRA-2020-3-029 Health, public, vaccination, compulsory
SLO-2022-1-003 Healthcare, hospital, intensive care
GER-2021-3-026 Healthcare, human dignity, preservation, precondition
CRO-2020-3-009 Hearing, postponement, infectious disease (COVID-19,) pandemic
CRO-2020-2-002 Home, respect
NOR-2022-1-001 Household, same, different
AUT-2020-2-002 Hygiene concept
SLO-2021-2-006 Independence, judiciary, encroachment
UKR-2020-2-015 Indigenous people, rights
BRA-2020-3-023 Indigenous peoples, protection, COVID-19
BRA-2020-3-023 Indigenous rights
BRA-2020-3-023 Infectious disease, protection
GER-2022-1-005, GER-2021-3-023 Information, access, denial
BRA-2020-2-019, BRA-2020-1-007, BRA-2020-2-011 Information, access, limit
BRA-2020-2-011, BRA-2020-1-007 Information, access, reasonable
BRA-2020-1-007, BRA-2020-2-019, BRA-2020-2-011 Information, accuracy
BRA-2020-2-019 Information, disclosure
BRA-2020-2-019, BRA-2020-1-007, BRA-2020-2-011 Information, disclosure by the federal government
BRA-2020-2-019 Information, duty to provide
BRA-2020-1-007, BRA-2020-2-011 Information, obligation to provide
BRA-2020-2-019, BRA-2020-2-011 Information, reasonable access
BRA-2020-1-007 Information, right
BRA-2020-2-019, BRA-2020-2-011 Institutional referral
KOS-2020-2-002 Insurance policies
GBR-2020-3-003 Intensive care, triage
GER-2021-3-026 International agreement, validity, evaluation
BRA-2020-2-013 International agreements, priority
BRA-2020-2-013 Jail, judicial, right to not be held
CRC-2021-3-001 Judge, remuneration, reduction, coronavirus
UKR-2020-2-015 Judicial review
FRA-2021-1-002 Judicial Review of other State Powers
BRA-2020-2-017 Judicial review, administrative decision
BRA-2020-2-013 Jurisdiction, exclusive competence
BRA-2020-2-013 Labour rights, restrictions, requirements
BRA-2020-1-005 Law, constitutionality, formal
CRO-2020-3-007 Law, drafting and editing
BRA-2020-3-025 Law, entry into force
BRA-2020-3-025 Law-making rule
BRA-2020-3-025 Law-making, constitutional rule
BRA-2020-3-025 Legal act, failure to observe, liability, administrative, criminal
BRA-2020-2-018 Legal provision, suspension
GER-2022-1-005 Legal provisions, suspension
GER-2020-1-007, GER-2021-1-009 Legislative competence, limits
BRA-2020-3-027 Legislative power, limitation
BRA-2020-3-027 Legitimate aim
KOS-2020-2-002 Liability for negligence
BRA-2020-2-018 Liability, civil servant
BRA-2020-2-018 Liability, state, civil
BRA-2020-2-018 Liability, state, pecuniary
BRA-2020-2-018 Liability, State, qualified fault
BRA-2020-2-018 Mandatory confinement
POR-2022-1-004, POR-2022-1-002, POR-2022-1-001, POR-2022-1-003 Mass litigation, abuse
ECH-2021-3-023 Mass litigation, aim, paralyse court
ECH-2021-3-023 Mass litigation, COVID-19, measures
ECH-2021-3-023 Measure, arbitrary
CZE-2021-1-002 Medical resources, allocation, shortage
GER-2021-3-026 Migrant rights
IAC-2020-2-001 Migrant, reception centres
IAC-2020-2-001 Misdemeanour proceedings
BIH-2022-1-001 Municipality, competence
BRA-2020-3-029 Municipality, jurisdiction
BRA-2020-3-020 Municipality, territory
BRA-2020-3-020 National Coordinating Body for Communicable Diseases
MNE-2020-2-001 Pandemic legislative response
ITA-2021-2-005 Pardon, power to grant, acting President
CHI-2020-1-003 Pardon, restriction
CHI-2020-1-003 Parental right
GER-2021-3-023 Parliament
KOS-2020-2-002 Parliament, ability to function, protection
BRA-2020-2-009 Parliament, act
BRA-2020-2-009 Parliament, action, internal
BRA-2020-2-009 Parliament, commission, functioning
BRA-2020-2-009 Parliament, committee, competences
BRA-2020-2-009 Parliament, member, freedom to exercise office
GER-2021-3-024 Parliament, member, incompatibility, other activity
BRA-2020-2-016 Parliament, power, restriction
BRA-2020-2-009 Parliament, Senate, regulation
BRA-2020-2-009 Parliament, virtual sessions
ARG-2020-1-001 Parliamentary business, continuity
FRA-2021-1-006 Parliamentary democracy, principle
BRA-2020-2-009 Parliamentary rule, legal force
BRA-2020-2-009 Person, elderly
BIH-2020-1-001 Personal data, collection
FRA-2020-2-006 Personal privacy, right
BRA-2020-2-011 Personality, free development
GER-2021-3-022 Population, interest, life, human, protection
CRO-2020-3-009 Power, division
BRA-2020-3-029 Precaution, principle
LAT-2022-1-002 President, Individual Law, Control
BRA-2020-2-017 President, Power, Delegation
BRA-2020-2-017 President, Powers
BRA-2020-2-017 President, Powers, Delegation
BRA-2020-2-017 Principle, legality
SLO-2022-1-002 Project, state importance
BRA-2020-2-013 Property, legal persons, equal treatment
LAT-2022-1-002 Prophylaxis, inter-connection, national and international level
ITA-2021-2-005 Proportionality
KOS-2020-2-002 Protection of human health and life
GER-2021-3-022, CRO-2021-1-002 Protection of the existent health system
BIH-2020-1-001, GER-2021-3-022, BIH-2021-1-002 Protection, civil, headquarters, authority, executive
CRO-2020-3-007 Protection, duty, state
GER-2021-3-026 Provisional measure
BRA-2020-2-009, BRA-2020-3-020, BRA-2020-2-011, BRA-2020-2-018 Provisional measure, nature
BRA-2020-2-009 Public health
CRO-2020-3-007, CRO-2021-1-002, CRO-2021-1-001 Public health emergency
FRA-2020-2-006, FRA-2020-2-007 public health, protection, pandemic
RUS-2020-3-007 Public office, plurality, incompatibility
BRA-2020-2-016 Public place, access, restriction, entry ban, exception, professional duties, necessary basic needs
AUT-2020-2-002 Public place, outdoors, indoors
AUT-2020-2-002 Public servant, integrity
BRA-2020-2-018 Referral by 30 deputies
KOS-2020-2-002 Regional rules, COVID 19, mandatory confinement
POR-2021-2-005 Regulation, emergency measure
CZE-2021-1-002 Regulation, implementing
SLO-2022-1-002 Religion, ceremonies, limited number of attending persons
CRO-2021-1-001 Religion, ceremonies, restriction due to infectious disease epidemic
CRO-2021-1-001 Religion, separation of church and state
BRA-2020-3-029 Responsibility, authority
BRA-2020-3-026, BRA-2020-2-012, BRA-2020-2-010, BRA-2020-3-022, BRA-2020-2-019, BRA-2020-3-029, BRA-2020-3-025, BRA-2020-3-020 Responsibility, constitutional
BRA-2020-3-029, BRA-2020-3-025, BRA-2020-2-010, BRA-2020-3-020, BRA-2020-2-019, BRA-2020-3-026, BRA-2020-3-022, BRA-2020-2-012 Review, constitutional
NOR-2022-1-001 Right to be heard, exchange of written documentation
FRA-2020-3-013 Right to be present at hearing
CRC-2020-3-002 Right to health
IAC-2020-2-001 Right to health, access, equal
GER-2021-3-026 Right to property, compensation for loss of earnings, economic support measures
AUT-2020-2-003 Rights of prisoners
FRA-2021-1-002 Road traffic, laws and regulations
BRA-2020-3-020 Road traffic, offense
BRA-2020-3-020 Salary, reduction, compensation
BRA-2020-1-005 SARS-COV-2
SLO-2021-1-004, SLO-2021-1-003 Schengen Borders Code
GER-2021-1-006 School, access, equal protection
GER-2021-3-023 School, compulsory schooling
GER-2021-3-023 School, distance learning
GER-2021-3-023 School, learning distance
SLO-2022-1-001 Self-government, local, right
CRO-2020-3-008 Shop, closure
LAT-2022-1-002 Social assistance, entitlement, condition
BRA-2020-2-010, BRA-2020-3-022 Social assistance, exclusion
BRA-2020-3-022 Social assistance, payment, source
BRA-2020-2-010 Social assistance, reduction
BRA-2020-3-022 Social assistance, right, condition
BRA-2020-3-022 Social benefits and assistance, amount
BRA-2020-2-010, BRA-2020-3-022 Social distancing
SLO-2021-2-006 Social protection, reduction
BRA-2020-3-022 Social protection, right
BRA-2020-3-022 Social protection, state
BRA-2020-3-022 Social protection, systems
BRA-2020-3-022 Social welfare
BRA-2020-2-010 Sovereignty, equal, between federal states
BRA-2020-2-014 State authorities, conflict
BRA-2020-2-014 State authorities, distribution of power
BRA-2020-2-014 State of emergency, declaration
SRB-2020-2-002 State of emergency, public health, lockdown
ECH-2021-2-017 State of public health emergency
FRA-2021-3-018 State, duty to protect fundamental rights and freedoms
BRA-2020-2-014 State, duty to protect life
BRA-2020-2-014 State, duty to protection fundamental rights and freedoms
BRA-2020-3-026 State, duty, protection
CRO-2020-3-007 State, duty, protection against an infectious disease
CRO-2021-1-002, CRO-2021-1-001 State, duty, protection of life and safety
BRA-2020-2-012, BRA-2020-3-022, BRA-2020-3-025, BRA-2020-3-029, BRA-2020-3-020 State, duty, protection, disease
CRO-2020-3-009 State, mandate, education
GER-2021-3-023 State, positive obligation
CRO-2020-3-007 State, responsibility
BRA-2020-2-015 State, social guarantee
BRA-2020-2-015, BRA-2020-3-022 Statutory basis, requirement, law, constitutional
SLO-2022-1-002 Subject of review, law, direct challenge
GER-2021-3-023, GER-2022-1-005 Suspension
POR-2021-2-011 Telephones, cell
BRA-2020-2-011 Territory, authority
BRA-2020-3-020 Territory, entry, exit
BRA-2020-3-020 Territory, self-government
BRA-2020-3-020 Test case
GBR-2020-3-003 Time-bar, criminal and administrative offences
POR-2021-2-011 Transparency, administrative
BRA-2020-2-019 Transparency, principle
BRA-2020-2-019 Transparency, public administration
BRA-2020-2-019 Trial hearing, poor health, accused
GER-2020-3-029 University, professional duties, access, library
AUT-2020-2-002 Vaccination
USA-2022-1-002, USA-2022-1-001 Vaccination policies, competence distribution, Government, Parliament and Regions
BRA-2020-3-029 Vaccination, compulsory
SLO-2022-1-003 Vaccination, infectious disease, obligatory
BRA-2020-3-029 Vaccination, obligatory
BRA-2020-3-029, GER-2022-1-005 Vienna Convention on Consular Relations, effectiveness
BRA-2020-2-017 Vulnerable persons, persons with disabilities
GER-2021-3-026 Vulnerable persons, protection
GER-2022-1-005 Workplace safety
USA-2022-1-002