Special e-Bulletin on "The forms and limits of judicial deference: the case of the constitutional courts"
2024

The Circle of Presidents of the Conference of European Constitutional Courts (CECC), by Decision III adopted at its preparatory meeting for the XIX^th Congress of the CECC held in Chisinau on 25 May 2022, decided to ask the Venice Commission to cooperate in the preparation of this Congress and to prepare a Special Bulletin on the subject chosen by the CECC for this event: “The forms and limits of judicial deference: the case of the constitutional courts”.

The role of courts is a crucial component in maintaining the balance of power in a democratic state. As an integral part of the system of checks and balances, they operate to refine, limit, and uphold the constitutionally awarded powers of the legislature and executive. While there are clearly defined written rules that outline these powers, there may be instances where unwritten rules can play a key role.

This is where the principle of judicial deference enters the equation. In some matters, the courts intentionally refrain from involvement, citing the superior evaluation capabilities of other institutions and following the presumption that these actors are better positioned to make informed decisions on the matter at hand. Such an approach is often adopted to demonstrate respect for other decision-making actors, as well as to recognise their decision-making authority. Whereas common law jurisdictions often explicitly state their deferential position in relevant cases, continental law systems tend to employ judicial deference in a more covert manner.

In certain instances, deference is commonly observed in matters related to the internal functioning of the parliament as well as sometimes in the area of administrative law, social security system, and economic issues. It is not unusual for the courts to exercise deference in sensitive and controversial matters, particularly in those domains where decisions of democratically elected representatives may be more appropriate. Additionally, deference is often extended to questions that involve political choices.

The concept of deference is often intertwined with the margin of appreciation. While the courts may award a certain level of discretion to the legislature or executive, it is important to consider whether this deference is always desirable. In some cases, the judicial deference may be hidden within the framework of the proportionality test or a balancing exercise, making it difficult to discern. As a result, the choices made by legislators may go undisputed, even when they may not be in the best interest of the public or society as a whole.

Judicial deference, by its very nature, is a difficult subject to fully comprehend, as it can manifest itself in a variety of ways, often in a subtle or implicit manner. Its ambiguity can make it hard to interpret. Moreover, it is essential to consider the context of each country with regard to the specific judicial approach. Therefore, it is crucial to approach the subject of judicial deference with a broader understanding of the various factors that can influence it.

The edition of the Special e-Bulletin at hand aims to provide an overview of constitutional case-law in this regard. It has come to light that an over-deferential attitude can pose a serious threat to the rule of law and separation of powers, as may be the case with excessive judicial activism. Thus, it is crucial for judges to exercise judicial deference in a manner that aligns with constitutional principles and ensures a balanced distribution of power among the branches of power regarding significant public policy matters.

This special issue of the e-Bulletin on Constitutional Case-Law contains judgments that have already appeared in regular editions of the e-Bulletin on Constitutional Case-Law, some of which have been reedited by the constitutional courts’ liaison officers for this publication. It also contains judgments that have not yet been published in the CODICES database but were considered to be relevant by the liaison officers. As with previous Special e-Bulletins, this issue contains contributions from courts members of the CECC as well as those from all courts participating in the Joint Council on Constitutional Justice, including in non-European member and observer States of the Venice Commission.

The Venice Commission will continue its tradition of publishing the working documents for the CECC in a special issue of the e-Bulletin on Constitutional Case-Law in the collection of Special Bulletins on Leading Cases, as was done with the Bulletin on “The Relationship of International, Transnational and National Catalogues in the 21st Century”, requested by the Constitutional Court of the Czech Republic for the XVIII^th Congress of the CECC in Prague/online on 24–25 February 2021; the Bulletin on the “Role of Constitutional Courts in upholding and applying Constitutional Principles” requested by the Constitutional Court of Georgia for the XVII^th Congress of the CECC in Batumi on 28 June – 1^st July 2017; the Bulletin on “Co-operation of Constitutional Courts in Europe – Current Situation and Perspectives”, requested by the Constitutional Court of Austria for the XVI^th Congress of the CECC in Vienna on 12-14 May 2014; the Bulletin on “Constitutional Justice: functions and relationships with other public authorities”, requested by the Constitutional Court of Romania for the XV^th Conference on 23-27 May 2011; the document on “Problems of Legislative Omission in Constitutional Jurisprudence”, requested by the Constitutional Court of Lithuania for the XIV^th Conference on 3-6 June 2008; the Bulletin on “The criteria for the Limitation of Human Rights in the practice of Constitutional Justice”, requested by the Supreme Court of Cyprus for the XIII^th Conference on 15-19 May 2005 and the Bulletin on “The relations between constitutional courts and other national courts, including the interference in this area of the action of the European courts”, requested by the Belgian Court of Arbitration for the XII^th Conference on 13-16 May 2002.

The Special e-Bulletin has been incorporated into the Venice Commission's database of constitutional case-law (www.CODICES.coe.int) which contains all the regular issues and special editions of the e-Bulletin on Constitutional Case-Law, full texts of decisions, constitutions and laws on the constitutional courts, comprising over 12 000 précis and full texts.

The Venice Commission hopes to contribute to the success of the XIXth Congress of the CECC and more generally to the dissemination, knowledge and the development of constitutional case-law. It is particularly grateful to the liaison officers for their invaluable co-operation, which has made it possible for us to produce this Special Bulletin.

April 2024.

Albania

ALB-2015-1-001 a) Albania b) Constitutional Court c) d) 15.04.2015 e) 19/2015 f) Laws and other rules having the force of law
A law establishing a new administrative-territorial division of the units of local government, into municipalities and regions, is not unconstitutional due to the procedure followed for its enactment or the substance of its provisions. If the public has suffered no concrete negative consequence as a result of the reform, then the claim relates to the lawmaker’s appropriate sphere of action, which ... Read more
1.2.1.6 Constitutional Justice - Types of claim - Claim by a public body - government body
3.8 General Principles - Territorial principles
4.8.4.1 Institutions - government - Basic principles - Autonomy
4.8.5 Institutions - government - Definition of geographical boundaries
Consultation, Public / Local government / Territory, Ordering

Andorra

AND-2004-2-002 a) Andorra b) Constitutional Court c) d) 29.06.2004 e) 2004-6-RE f)
It is not for the Constitutional Court to determine whether the first-instance court was right or wrong to find as it did; it does not have jurisdiction to oversee the exercise of discretion by the judges in the Court below and cannot take the place of those judges by giving its opinion on the merits of the various stages of their reasoning. Its sole duty is to consider whether the judges have vio... Read more
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
3.19 General Principles - Margin of appreciation
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
Notary, Power / Officially recorded instrument, Right of objection

AND-2001-2-001 a) Andorra b) Constitutional Court c) d) 16.12.1994 e) 94-1-CC f)
In the event of a dispute between constitutional organs about the exercise of a power, the Constitutional Court’s decision shall assess that disputed power and assign it to one of the parties, without taking the place of the legislature.
1.3 Constitutional Justice - Jurisdiction
1.3.4.2 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities
3.4 General Principles - Separation of powers
4.6.6 Institutions - Executive bodies - Relations with judicial bodies
4.7.5 Institutions - Judicial bodies - Supreme Judicial Council or equivalent body
Budget, Justice, Administration / Supreme judicial council, Budget, Management

Argentina

ARG-1999-3-010 a) Argentina b) Supreme Court of Justice of the Nation c) d) 01.11.1999 e) D.401.XXXIII f) D de P. V., A. c. O., C. H. s/ impugnación de paternidad
The failure to recognise a mother's right to challenge paternity is not discriminatory and does not violate the Constitution, the Convention on the Rights of the Child, the Convention on the Elimination of all Forms of Discrimination against Women or the American Convention on Human Rights.
4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction
2.1.1.4 Sources - Categories - Written rules - International instruments
2.1.3.2.3 Sources - Categories - law - law - Other international bodies
3.17 General Principles - Weighing of interests
3.18 General Principles - General interest
3.19 General Principles - Margin of appreciation
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.3.33.1 Fundamental Rights - Civil and political rights - Right to family life - Descent
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
2.1.1.4.11 Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969
2.1.1.4.12 Sources - Categories - Written rules - International instruments - Convention on the Elimination of all Forms of Discrimination against Women of 1979
Identity, Right / Paternity, Contested

Austria

AUT-2015-1-002 a) Austria b) Constitutional Court c) d) 03.07.2014 e) G 239/2014 f)
In principle, the State can legitimately take measures to save a Land (regional body) responsible for bank liabilities from experiencing a situation similar to that of insolvency. However, measures affecting only a small group of investors are neither justified nor proportionate if they are obviously insufficient to prevent the bank from failing.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000
3.16 General Principles - Proportionality
3.19 General Principles - Margin of appreciation
5.2.1 Fundamental Rights - Equality - Scope of application
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Property, Deprivation / Property, Right, Scope / Creditor, Banks, Insolvency

AUT-2016-3-003 a) Austria b) Constitutional Court c) d) 15.10.2016 e) G 7/2016 f)
The legal obligation imposed on landowners in the Land of Carinthia to allow hunting on their plots pursues the goal of protecting mountain forests from destruction. As Austria has a duty under international law to protect its mountain forests, the landowners’ right to property cannot outweigh the general interest in the effective management of game stocks.
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
3.18 General Principles - General interest
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
Alpine forests, Protection / Hunting rights

AUT-2016-3-004 a) Austria b) Constitutional Court c) d) 13.12.2016 e) G 494/2015 f)
Under Article 8 ECHR there is no duty for a State to allow an alleged biological father to establish a relationship with a child living in an intact family under any circumstances.
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
3.19 General Principles - Margin of appreciation
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.33.1 Fundamental Rights - Civil and political rights - Right to family life - Descent
Paternity, Judicial recognition

AUT-2017-1-001 a) Austria b) Constitutional Court c) d) 14.03.2017 e) G 405/2016 f)
If criminal proceedings have been discontinued, the legislator enjoys a margin of discretion in determining any reimbursement of costs to be awarded to the person accused.
3.16 General Principles - Proportionality
3.19 General Principles - Margin of appreciation
5.2 Fundamental Rights - Equality
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
Criminal proceedings, Fairness / Costs, Criminal trial

AUT-2019-1-001 a) Austria b) Constitutional Court c) d) 13.03.2019 e) E 3830/2018 f)
The Federal Law on the External Legal Relationships of Islamic Religious Societies prohibits religious communities from raising funds in respect of their usual activities from outside Austria. This provision is objectively justified as it safeguards the independent administration of internal affairs of Islamic religious communities or societies and secures their autonomy from influence from other ... Read more
5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion
Equality / Religion, Organisation / Religion, Autonomy, Limit

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 the ... 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

AUT-2018-3-004 a) Austria b) Constitutional Court c) d) 03.10.2018 e) G 189/2018 f)
For certain categories of offenders under § 5.6 of the Federal Act on Pension Benefits for the Victims of Violence in Homes (Heimopferrentengesetz), the entitlement to such monthly benefits is suspended during a period of imprisonment as well as during any period of preventive detention in an institution. This provision cannot be considered to be objectively unjustified as such pension bene... Read more
5.2.2.13 Fundamental Rights - Equality - Criteria of distinction - Differentiation ratione temporis
Children''s home, Violence, Compensation / Equality, Categories of person, Comparison / Prisoner, Rights

Azerbaijan

AZE-2017-3-001 a) Azerbaijan b) Constitutional Court c) Plenum d) 25.01.2017 e) f) Verification of conformity with Article 25.1 of the Constitution of some provisions of the Law on social security of children who have lost their parents and are deprived of parental care in a complaint by Javidan Gafarov
Article 42 of the Constitution sets out that every citizen has the right to education. In accordance with Article 25.1 of the Constitution, in cases where fee-paying persons studying in state higher educational institutions lose parental support after 18 years of age for the reasons specified in Article 1.12 of the Law on the social security of children who have lost their parents and are deprived... Read more
1.1.1.1.1 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution
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
Education, Child, Paid basis

AZE-2022-1-001 a) Azerbaijan b) Constitutional Court c) Plenum d) 24.02.2022 e) f) Interpretation of Article 183.2 of the Code on Execution of Punishments in conjunction with Articles 142.1, 383.1, 408.3 of the Criminal Procedure Code and Article 82.4 of the Civil Procedure Code
Persons not involved in criminal proceedings and whose interests are concerned by a decision of a Court may be involved in criminal proceedings as a third party in cases where their rights and legally protected interests are significantly violated.
1.2.3 Constitutional Justice - Types of claim - Referral by a court
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
3.10 General Principles - Certainty of the law
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice
Confiscation, Property / Proceedings, Criminal

AZE-2001-S-001 a) Azerbaijan b) Constitutional Court c) Plenum d) 01.03.2001 e) f) Conformity of paragraph 22 of the Regulations on “Compensation by enterprises, institutions and organisations of damages to the workers, who got injuries and sickness during implementation of their labour duties or to the families of workers, who died for these reasons” approved by the Resolution of the Cabinet of Ministers no. 129 of 24 September 1996 to Article 239.3 of the Labour Code
The process, conditions and amounts of compensation to be paid to workers whose health has been undermined due to workplace accidents or occupational sickness, or to the family members of workers who died for these reasons, will be determined by provisions approved by the relevant bodies of executive power.
5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions
5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living
Compensation, Injury at work, Occupational illness

AZE-2017-S-001 a) Azerbaijan b) Constitutional Court c) Plenum d) 06.07.2017 e) f) Verification of conformity of Article 27.3 of the Law on Insurance of Deposits with Articles 13.I, 29.I, 29.II, 29.III, 149.I and 149.III of the Constitution
Since depositors are informed in advance about the terms of payment of compensation in case of an insurance event, the payment of compensation in national currency should not be considered as a violation of their constitutional rights. The bank deposit agreement should set out the procedure and conditions for compensation payment should such an event occur.
1.2.1.8 Constitutional Justice - Types of claim - Claim by a public body - Ombudsman
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Insurance of deposits, Compensation, Payment

AZE-2022-S-001 a) Azerbaijan b) Constitutional Court c) Plenum d) 17.01.2022 e) f) Interpretation of Article 128 of the Constitution in relation to Articles 100 and 101 of the Law on Courts and Judges and Article 53.1.5 of the Criminal Procedure Code
The criminal prosecution of a former judge for a criminal act discovered after the termination of their authority, but committed during their term of office is carried out in accordance with the criminal procedural legislation of the Republic of Azerbaijan, In such cases, the consent of the Judicial-Legal Council or the Constitutional Court is not required.
1.1.3.3 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Privileges and immunities
4.7.16.2 Institutions - Judicial bodies - Liability - Liability of judges
Judicial independence, Immunity, Criminal act

AZE-2022-S-002 a) Azerbaijan b) Constitutional Court c) Plenum d) 01.06.2022 e) f) Verification of conformity of the Judgement of the Administrative Chamber of the Supreme Court dated 27 April 2021 on the complaint of L. Ramazanova with the Constitution and laws
The right to a name is directly established in several of the laws of the Republic of Azerbaijan. Under the Civil Code, every natural person has the right to have a name consisting of first name, patronymic and surname. Under the Family Code, a child has the right to bear a name, patronymic and surname. The Law on Children's Rights regulates the procedure for exercising a child's right to a name. ... Read more
1.2.3 Constitutional Justice - Types of claim - Referral by a court
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
Right to name, State Registration Department / Official language, Spelling of the name

Belgium

BEL-2002-3-012 a) Belgium b) Constitutional Court c) d) 27.11.2002 e) 169/2002 f)
The obligation for certain applicants for refugee status to register with a centre, where they receive assistance in kind, is not contrary to the constitutional rules concerning equality and non-discrimination (Articles 10 and 11 of the Constitution), taken together with the right to social welfare (Article 23 of the Constitution), because it ensures that assistance continues to be granted. Assist... Read more
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
3.11 General Principles - Vested and/or acquired rights
3.16 General Principles - Proportionality
3.19 General Principles - Margin of appreciation
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
5.2 Fundamental Rights - Equality
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
5.3.10 Fundamental Rights - Civil and political rights - Rights of domicile and establishment
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living
Foreigner, Obligation to register with a centre / Exemption, Condition / Social welfare, Arrangements / Parliament, standstill obligation

BEL-1999-1-001 a) Belgium b) Constitutional Court c) d) 20.01.1999 e) 6/99 f)
The fact that prior to 1 July 1997 retirement pensions for self-employed men were reduced by 25% when they opted for early retirement at the age of 60 whereas women's pensions, paid at age 60, were not subject to any reduction is not discriminatory treatment.
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
2.1.3.2.2 Sources - Categories - law - law - Court of Justice of the European Union
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
3.19 General Principles - Margin of appreciation
Pension

BEL-2001-1-002 a) Belgium b) Constitutional Court c) d) 29.03.2001 e) 40/2001 f)
The federal parliament, which was responsible for laying down the requirements governing employment of foreigners in Belgium, had not infringed the principle of equality and non-discrimination (Articles 10 and 11 of the Constitution) by making entry to the employment market conditional both on the employer's first obtaining employment permission and the worker's first obtaining a work permit, prov... Read more
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
4.8.8.1 Institutions - government - Distribution of powers - Principles and methods
4.8.8.2.1 Institutions - government - Distribution of powers - Implementation - Distribution ratione materiae
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
4.8.8 Institutions - government - Distribution of powers
Work permit / Worker, Permission to employ / EU, Members states, National / Foreigner, Job / Foreigner, Residence, Illegal / Refugee, Recognised / Nationality / Power, ''horizontal'' apportionment

BEL-1989-S-001 a) Belgium b) Constitutional Court c) d) 13.07.1989 e) 20/89 f)
The powers allocated to the Communities to regulate health policy, health education and family policy do not in any way cover the possibility of regulating the exercise of the art of healing or abortion. The Community has no power to regulate abortion and also lacks the power to introduce in that regard a ground comparable to a state of necessity.
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
4.8.8.1 Institutions - government - Distribution of powers - Principles and methods
4.8.8.2.1 Institutions - government - Distribution of powers - Implementation - Distribution ratione materiae
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
Federal State, Community, Powers / Abortion, Regulation, Competence / Pregnancy, Voluntary termination, Grounds for justification / State of necessity / Criminal law, Powers

BEL-1989-S-002 a) Belgium b) Constitutional Court c) d) 13.10.1989 e) 23/89 f)
Article 11 of the Constitution (before 1994 Article 6bis) is of general application and prohibits all discrimination, of whatever origin: the constitutional rule of non-discrimination is applicable to all the rights and all the freedoms afforded to Belgians. The constitutional rules of equality of Belgians and of non-discrimination do not preclude a difference in treatment from being establishe... Read more
1.2.2.1 Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person
1.4.9.2 Constitutional Justice - Procedure - Parties - Interest
1.5.4.5 Constitutional Justice - Decisions - Types - Suspension
2.3.9 Sources - Techniques of review - Teleological interpretation
3.16 General Principles - Proportionality
3.19 General Principles - Margin of appreciation
5.2 Fundamental Rights - Equality
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
Social security, Sickness insurance, Clinical biology, Combating overconsumption / Civil-law partnership of persons, Legal form, Obligation

BEL-2003-1-003 a) Belgium b) Constitutional Court c) d) 25.03.2003 e) 35/2003 f)
The Court, in principle, is not competent to express a view on the composition or functioning of Parliament. The federal parliament, by special majority, may, without altering the Constitution, transfer powers to the regions in relation to subordinate authorities. Neither a difference in treatment as between municipalities nor identical treatment of municipalities with regard to arrangements... Read more
1.3 Constitutional Justice - Jurisdiction
3.3.1 General Principles - Democracy - Representative democracy
3.16 General Principles - Proportionality
3.18 General Principles - General interest
4.8.1 Institutions - government - Federal entities
4.8.2 Institutions - government - Regions and provinces
4.8.6.1 Institutions - government - Institutional aspects - Deliberative assembly
4.8.8.1 Institutions - government - Distribution of powers - Principles and methods
4.8.8.2.1 Institutions - government - Distribution of powers - Implementation - Distribution ratione materiae
4.9.11.1 Institutions - Elections and instruments of direct democracy - Determination of votes - Counting of votes
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.2.2.10 Fundamental Rights - Equality - Criteria of distinction - Language
5.3.41 Fundamental Rights - Civil and political rights - Electoral rights
Election, List, Joining of lists / Political party, Non-democratic / Municipality, Differential treatment

BEL-1991-S-004 a) Belgium b) Constitutional Court c) d) 19.12.1991 e) 39/91 f)
Applicants who rely on their capacity as married men or fathers, and an association which protects human life, have a legitimate interest in seeking annulment of the law decriminalising the termination of pregnancy under certain conditions. Articles 10 and 11 of the Constitution (before 1994 Article 6 and 6bis) do not in themselves establish that a human being benefits from the time of concepti... Read more
1.4.9.2 Constitutional Justice - Procedure - Parties - Interest
3.19 General Principles - Margin of appreciation
5.2.1 Fundamental Rights - Equality - Scope of application
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.13.3 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
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Equality and non-discrimination, Scope, Born child, Unborn child / Abortion, Difference in treatment, Father, Mother / Foetus, Legal status / Pregnancy, Voluntary termination, State of distress

BEL-2006-1-003 a) Belgium b) Constitutional Court c) d) 22.03.2006 e) 47/2006 f)
Article 25 of the Constitution provides that the press shall be free and that censorship may never be introduced. In providing that, where the author is known and resident in Belgium, neither the editor, nor the printer nor the distributor may be prosecuted, the second paragraph establishes the principle of "responsabilité en cascade" (liability chain), which is a key element in the constit... Read more
1.3.5.3 Constitutional Justice - Jurisdiction - The subject of review - Constitution
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment
5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press
Constitutional court, Jurisdiction, Limit / Media, Press, Freedom, Scope of protection / Liability, Vicarious

BEL-2009-1-001 a) Belgium b) Constitutional Court c) d) 12.05.2009 e) 17/2009 f)
In enforcing European directives, the legislator may prescribe civil and criminal law measures to combat discrimination between private individuals on a series of "grounds protected by statute", i.e. expressly stipulated criteria for which prohibition of discrimination is the strict principle (known as the "closed" system of grounds of discrimination). "Measures of affirmative action" (positive... Read more
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.1.4.7 Sources - Categories - Written rules - International instruments - International Convention on the Elimination of all Forms of Racial Discrimination of 1965
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
3.10 General Principles - Certainty of the law
3.12 General Principles - Clarity and precision of legal provisions
3.14 General Principles - Nullum crimen, nulla poena sine lege
3.17 General Principles - Weighing of interests
5.2.2 Fundamental Rights - Equality - Criteria of distinction
5.2.3 Fundamental Rights - Equality - Affirmative action
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
5.4.8 Fundamental Rights - Economic, social and cultural rights - Freedom of contract
5.1.2 Fundamental Rights - General questions - Horizontal effects
Discrimination, List, Prohibited grounds / Discrimination, Incitement, Prohibition / Directive, Execution / Discrimination, Definition / Legal person, Public law, Immunity, Criminal / Authorities, Discrimination, Criminal responsibility / Hatred, Incitement / Trade union, Discrimination / Burden of proof

BEL-2001-1-001 a) Belgium b) Constitutional Court c) d) 07.02.2001 e) 10/2001 f)
A legislative provision whereby a political party can lose part of its annual financial allocation if it itself or any of its components displays manifest hostility towards rights or freedoms guaranteed by the European Convention on Human Rights or its protocols is not unconstitutional.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
3.3 General Principles - Democracy
3.19 General Principles - Margin of appreciation
4.5.10.2 Institutions - Legislative bodies - Political parties - Financing
4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies
4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility
4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates
5.2 Fundamental Rights - Equality
Political party / Extremism, Right-wing / Racism / Xenophobia / Immunity, Parliament

BEL-1993-1-004 a) Belgium b) Constitutional Court c) d) 11.02.1993 e) 9/93 f)
When the national authority responsible for legislation or legislative decrees regulates an aspect of social life, it assumes the task of assessing which factors determine differences or equality of treatment in given situations.
1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
3.20 General Principles - Reasonableness
3.21 General Principles - Equality
Jurisdiction of the Constitutional Court / Equality / Non-discrimination

BEL-2012-3-014 a) Belgium b) Constitutional Court c) d) 06.12.2012 e) 145/2012 f)
By empowering the legislature to determine in which cases and in what form criminal prosecution is possible, Article 12.2 of the Constitution guarantees to all citizens that their actions will only be punishable under rules adopted by a democratically elected deliberative assembly. Furthermore, the principle of legality in criminal matters proceeds from the concept that criminal law must be framed... Read more
1.4.9.2 Constitutional Justice - Procedure - Parties - Interest
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
3.10 General Principles - Certainty of the law
3.12 General Principles - Clarity and precision of legal provisions
3.13 General Principles - Legality
3.14 General Principles - Nullum crimen, nulla poena sine lege
5.2 Fundamental Rights - Equality
5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion
5.2.2.9 Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
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
Wearing the veil, Prohibition of the full-face veil, Criminal sanctions / Religion, Dress, Restrictions / Individuality of the person, Face / Equality of the sexes / Democratic society, Living together

BEL-2013-3-009 a) Belgium b) Constitutional Court c) d) 26.09.2013 e) 121/2013 f)
Although the case-law of the European Court of Human Rights shows that Article 8 ECHR does not guarantee a foreigner's right to live on the territory of a specific country, and although States are entitled, without prejudice to their commitments derived from treaties, to control the admission of non-nationals to their territory, the Constitutional Court considers that the impossibility, for a pers... Read more
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - citizens with similar status
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.2 Fundamental Rights - Equality
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Family reunification / Reverse discrimination / Law, Absence of provision / Discrimination, Citizen of the European Union / EU, National, Reverse discrimination

BEL-2016-3-013 a) Belgium b) Constitutional Court c) d) 20.10.2016 e) 134/2016 f)
When issuing legislative decrees in the socio-economic field the authorities enjoy a wide margin of appreciation. In the light of the aims they pursue in order to protect animal welfare, they might reasonably consider that differences exist between the possession of animals for the sole purpose of fur production and the possession of animals for other purposes, and that those differences justify p... Read more
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.3.2.2 Sources - Categories - law - law - Court of Justice of the European Union
5.2 Fundamental Rights - Equality
5.2.2.9 Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation
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
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Animal, Protection, Fur production / Animal, Welfare / Animal, Breeding, Prohibition / Animal, Welfare, Protection / Animal, Intra-community trade, Restriction

Bosnia and Herzegovina

BIH-2004-1-001 a) Bosnia and Herzegovina b) Constitutional Court c) Plenary d) 30.01.2004 e) U 41/01 f)
The Constitutional Court lacks the competence to consider and determine any issues arising under the Annexes of the General Framework Agreement for Peace in Bosnia and Herzegovina on the ground that those issues are not constitutional issues. The Constitutional Court is not competent to review the constitutionality of the acts of the High Representative for Bosnia and Herzegovina where he does ... Read more
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
3.4 General Principles - Separation of powers
4.7.1.1 Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction
4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction
4.7.14 Institutions - Judicial bodies - Arbitration
4.16.1 Institutions - International relations - Transfer of powers to international institutions
Constitutional complaint, Admissibility / High Representative, Competence / Arbitration, Award, Judicial control

BIH-1999-2-001 a) Bosnia and Herzegovina b) Constitutional Court c) d) 26.02.1999 e) U 7/98 f) Appeal of the Office of the Public Attorney of the Federation of Bosnia and Herzegovina against the Decision of the Human Rights Chamber of 11 March 1998 in Case no. CH/96/30, Sretko Damjanovic v. the Federation of Bosnia and Herzegovina
The Constitutional Court is not competent to review decisions of the Human Rights Chamber for Bosnia and Herzegovina under Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina.
1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts
1.2.3 Constitutional Justice - Types of claim - Referral by a court
1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms
1.3.4.8 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of jurisdictional conflict
1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions
2.2.1.1 Sources - Hierarchy - national sources - Treaties and constitutions
2.2.1.5 Sources - Hierarchy - national sources - constitutional domestic legal instruments
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
2.3.3 Sources - Techniques of review - Intention of the author of the enactment under review
4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction
Human rights, Protection, Highest domestic tribunal / Decision, Final and binding, Appeal / General Framework Agreement (Dayton) / Procedure, Expenses, Compensation / International body, Power, Nature

Brazil

BRA-2016-3-025 a) Brazil b) Supreme Federal Court c) Full Court d) 14.04.2016 e) Mesure conservatoire dans une requête en mandamus 34128 (MS 34128 MC) f) Order to vote on the impeachment request of former President Dilma Rousseff
In case of a tie in the writ of mandamus trial, the contested act must be upheld due to the relative presumption of legitimacy of State acts. The contested act refers to the decision of the Chamber of Deputies’ President that determined the voting order of the House plenary session concerning authorisation of the impeachment proceedings against the President of the Republic in the Federal ... Read more
1.1.4.1 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Head of State
1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies
1.3.4.7.4 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Impeachment
Commission, Appointment / Committee, Fact-finding / Impeachment proceedings / Impeachment, Proceedings, Initiative, Right / Parliament, Voting procedure / Presidential impeachment

BRA-2019-1-006 a) Brazil b) Supreme Federal Court c) Full Court d) 12.09.2018 e) Recours extraordinaire 888815 (RE 888815) f) Students and their parents have no subjective public right to home-schooling
There is no subjective public right of a student or his or her family to home-schooling; there is no express provision for it in Brazilian legislation. Its creation is not constitutionally forbidden by federal law, although if it were introduced, careful regulation and monitoring would be needed. The family and the State have a constitutional duty to supervise, evaluate and control the teaching of... Read more
3.4 General Principles - Separation of powers
3.17 General Principles - Weighing of interests
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.4.1 Fundamental Rights - Economic, social and cultural rights - Freedom to teach
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
Education, State, Duty / Home schooling / School, State, Compulsory

BRA-2020-2-017 a) Brazil b) Supreme Federal 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 psychological... 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, Public health / Vienna Convention on Consular Relations, Effectiveness

BRA-2021-1-008 a) Brazil b) Supreme Federal Court c) Single-judge decision d) 05.03.2021 e) Confirmation d’une mesure de réparation d’urgence dans le recours en inconstitutionnalité 6625 (ADI 6625 MC-Ref) f) The emergency measures against Covid-19 must continue in 2021
The principles of prevention and precaution advise that the exceptional health measures to reduce the spread of COVID-19 prescribed in the Law 13979/2020 remain in force, given the continuity of the emergency situation in public health. In emergency situations, it is reasonable to consider the real intent of the legislators when facing prescription dates of extraordinary healthcare measures, for ... Read more
2.3 Sources - Techniques of review
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
3.16 General Principles - Proportionality
3.20 General Principles - Reasonableness
5.1.5 Fundamental Rights - General questions - Emergency situations
5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
COVID-19, Pandemic, Measures, Extension / Health, Emergency

Bulgaria

BUL-2007-1-001 a) Bulgaria b) Constitutional Court c) d) 22.02.2007 e) 12/06 f)
When implementing social policy, the State may regulate social rights by law in accordance with the conditions provided for in the Constitution, when those rights are not universal, that is to say, when they do not apply to all citizens.
1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts
1.6 Constitutional Justice - Effects
2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution
3.5 General Principles - Social State
4.7.3 Institutions - Judicial bodies - Decisions
4.10.2 Institutions - Public finances - Budget
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.4 Fundamental Rights - Economic, social and cultural rights
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Social right, Nature / Social right, Direct enforceability / Medical assistance, Right, Enforceability / Case-law, Discrepancy / Medical service, Right, Enforceability / Medical doctor, Choice, Free

Canada

CAN-1995-3-005 a) Canada b) Supreme Court c) d) 21.09.1995 e) 23460, 23490 f) RJR - MacDonald Inc. v. Canada (Attorney General)
Parliament has legislative competence to pass legislation broadly banning tobacco advertising and promotion. The legislation infringed the constitutional right to freedom of expression because it could not be considered as a reasonable limitation demonstrably justifiable in a free and democratic country.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Advertising, Tobacco, Ban / Advertising, Commercial

CAN-2000-3-003 a) Canada b) Supreme Court c) d) 13.10.2000 e) 26779 f) Winnipeg Child and Family Services v. K.L.W.
Legislation providing the state with the power to apprehend a child without prior judicial authorisation in a non-emergency situation based on reasonable and probable grounds that the child is in need of protection does not infringe the principles of fundamental justice guaranteed in the Constitution.
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
2.3.8 Sources - Techniques of review - Systematic interpretation
3.17 General Principles - Weighing of interests
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.3.12 Fundamental Rights - Civil and political rights - Security of the person
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
5.1.5 Fundamental Rights - General questions - Emergency situations
Family law / Child, Protection / Child, Apprehension / Judicial authorisation, Prior

CAN-2002-1-002 a) Canada b) Supreme Court c) d) 08.03.2002 e) 27427 f) Lavoie v. Canada
The statutory preference for the hiring of qualified Canadian citizens over qualified non-citizens for federal Public Service employment is constitutional, insofar as the objectives behind the legislation namely, to enhance the meaning of citizenship as a unifying bond for Canadians, and to encourage and facilitate naturalisation by permanent residents, are sufficiently important to justify limiti... Read more
3.17 General Principles - Weighing of interests
4.6.9.1 Institutions - Executive bodies - The civil service - Conditions of access
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service
Employment, Hiring preference, Citizens

CAN-2016-1-001 a) Canada b) Supreme Court c) d) 15.04.2016 e) 35982 f) R. v. Lloyd
Under Section 12 of the Canadian Charter of Rights and Freedoms, "[e]veryone has the right not to be subjected to any cruel and unusual treatment or punishment". The mandatory minimum sentence of one year of imprisonment imposed by Section 5.3.a.i.D of the Controlled Drugs and Substances Act (hereinafter, the "CDSA") violates Section 12 of the Charter and is not justified under Section 1, because ... Read more
2.1.1.1 Sources - Categories - Written rules - National rules
3.16 General Principles - Proportionality
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
Drug, Possession and trafficking, Criminal offence / Sentence, Minimum, Mandatory / Discretionary power, Court

Costa Rica

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

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

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

Croatia

CRO-2004-2-006 a) Croatia b) Constitutional Court c) d) 09.06.2004 e) U-I-323/2004 f)
The issues of privatisation and the privatisation models to be implemented are economic and political issues and thus fall within the explicit exclusive competence of the legislator (Article 2.4.1 of the Constitution). Therefore, it is the legislator's right, within the stated Constitutional and legal bounds, to regulate a privatisation process and define categories of citizens who shall receiv... Read more
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
3.9 General Principles - Rule of law
4.5.2 Institutions - Legislative bodies - Powers
4.10.8.1 Institutions - Public finances - Public assets - Privatisation
5.2 Fundamental Rights - Equality
Company, Public, Privatisation, Privileged terms / Share, Acquisition, Gratuitous / Share, Acquisition, Privileged terms

CRO-2009-1-003 a) Croatia b) Constitutional Court c) d) 17.03.2009 e) U-III-4182/2008 et U-III-678/2009 f)
Where a statute indirectly correlated the objective of the detention to the gravity of the penalty envisaged for a criminal offence, criminal prosecution authorities must, when applying such a measure, "test" it against the principle of proportionality with special care: it must establish not only the suitability of the measure (whether the offence is one from the list of criminal offences), but a... Read more
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.5.1.3 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
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning
Detention, Order, Reason / Detainee, Rights / Prisoner, Rights, Violation, Remedy / Effective remedy, Right, Scope

CRO-2011-1-002 a) Croatia b) Constitutional Court c) d) 30.03.2011 e) U-I-763/2009, U-I-1895/2009, U-I-1047/2010, U-I-1376/2010, U-I-1814/2010 f)
The legislator’s task is to protect the guarantee of the right of ownership and to balance the interests of property owners against the interests of society, and to establish fair conditions in which they will enjoy a balanced relationship. The guarantee of ownership rights does not protect malpractice in property use; neither does the social function of ownership justify a disproportionate and ex... Read more
3.16 General Principles - Proportionality
3.18 General Principles - General interest
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
Agricultural land / Lease, Contract, Amount, Determination

CRO-2013-1-006 a) Croatia b) Constitutional Court c) d) 23.01.2013 e) U-X-99/2013 f)
The frequent practice of enacting laws in summary proceedings infringes upon the very nature of parliamentarism. Such practice diminishes the significance of democratic procedures. The obligation to respect them, moreover, prevents public debate on relevant social issues, weakening grounds to develop and improve cultural dialogue, which are essential to a democratic society. People do not trust la... Read more
3.3.3 General Principles - Democracy - Pluralist democracy
3.9 General Principles - Rule of law
Law, Consolidated text / Law, Organic / Law, Publication / Legislator, Omission / Legislative procedure / Procedure, Urgent

CRO-2013-2-008 a) Croatia b) Constitutional Court c) d) 22.05.2013 e) U-II-1118-2013 et al f)
The role of the Constitutional Court is not to assess public policy. Its task is to assess the processes and outcomes of the legal regulation of individual areas to which those public policies relate. The state does not have absolute freedom in the realm of the means or the aims of public policies. The essential principles on which a democratic society is based, within the meaning of Articles 1 a... Read more
3.3.3 General Principles - Democracy - Pluralist democracy
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
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
Decision, Executive, Minister / Education, Duty of the state / Education, Programme, Parents’ conviction / Education, Policy / Procedure, Education, Programme, Defect

CRO-2009-3-011 a) Croatia b) Constitutional Court c) d) 17.11.2009 e) U-IP-3820/2009 et autres f)
The Constitutional Court is not competent to judge whether the general taxation system or particular forms of tax in the Republic of Croatia are appropriate and justified. The constitutional guarantee of equality of all before the law, which is a special expression of equality as the highest value of the constitutional order, does not require every citizen to contribute equally to meeting public ... Read more
3.3 General Principles - Democracy
3.5 General Principles - Social State
3.10 General Principles - Certainty of the law
3.12 General Principles - Clarity and precision of legal provisions
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens
5.3.38.4 Fundamental Rights - Civil and political rights - retrospective effect of law - Taxation law
5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation
Tax law, Special contribution / Economic stability / Tax, Purpose / Tax, Differentiation

CRO-2020-3-007 a) Croatia b) Constitutional Court c) d) 14.09.2020 e) U-I-1372/2020 et al. f)
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 (hereinafte... 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
3.18 General Principles - General interest
4.5.2 Institutions - Legislative bodies - Powers
4.6.3.2 Institutions - Executive bodies - Application of laws - 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
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
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

CRO-2022-1-001 a) Croatia b) Constitutional Court c) d) 12.02.2022 e) U-I-6950/2021 f)
The non-controllability in abstracto, by the Constitutional court, of binding legal opinions on issues relating to the application of the law is indisputable. Such legal opinions are taken at a session of all judges or by a judicial department of the Supreme Court and of all high and county courts. They are compulsory for all second instance panels or individual judges of that department or... Read more
2.1.3.1 Sources - Categories - law - law
3.4 General Principles - Separation of powers
3.13 General Principles - Legality
5.2 Fundamental Rights - Equality
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
Interpretation, Uniform / Legal opinion, Uniform interpretation of law, National court, Session of judges / Sources of law, Legal opinions, Compulsory / Unification of jurisprudence, Legislative model

Cyprus

CYP-2010-3-003 a) Cyprus b) Supreme Court c) d) 01.12.2010 e) 202/2009 f) Criminal Appeal 202/2009
The Attorney General acted within his power, as conferred by Article 113.2 of the Constitution, in deciding not to prosecute or conduct any criminal proceedings regarding the applicant's complaint. Under the Constitution, the Attorney General is entrusted with power to conduct, take over, continue or discontinue (criminal) proceedings at his discretion (Article 113.2). This power is of a quasi-jud... Read more
1.1.1.2 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Independence
3.9 General Principles - Rule of law
3.18 General Principles - General interest
Criminal proceedings, Decision to bring / Attorney General, State Prosecutor

CYP-2010-1-002 a) Cyprus b) Supreme Court c) d) 08.12.2009 e) 1/2009 f) President of the Republic and the House of Representatives
The provisions of Article 80.2 of the Constitution are clear and unambiguous. It can only be interpreted as imposing an express limitation upon the power of the House of Representatives in the context of a Bill relating solely to an increase of budgetary expenditure. The Court cannot change words in legislation to cover cases for which no provision has been made (Casus omissus). That would ... Read more
2.3.7 Sources - Techniques of review - Literal interpretation
3.4 General Principles - Separation of powers
3.12 General Principles - Clarity and precision of legal provisions
4.5.2 Institutions - Legislative bodies - Powers
4.5.6.1 Institutions - Legislative bodies - making procedure - Right to initiate legislation
4.5.6.4 Institutions - Legislative bodies - making procedure - Right of amendment
Constitution, Interpretation

CYP-2022-2-001 a) Cyprus b) Supreme Court c) d) 05.10.2021 e) 1/21 f) President of the Republic v. House of Representatives
Questions had arisen over legislation providing for the suspension of eviction proceedings during the Covid 19 pandemic and whether this impinged on the right of access to court and the separation of powers.
3.4 General Principles - Separation of powers
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
COVID-19, Pandemic / Eviction proceedings, Suspension

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

Czech Republic

CZE-1997-2-004 a) Czech Republic b) Constitutional Court c) Plenary d) 02.07.1997 e) Pl. US 2/97 f) Permissible Restriction on Personal Freedom for Purposes of Criminal Proceeding
The fundamental right to personal freedom in the sense of Article 8.3 of the Charter of Fundamental Rights and Basic Freedoms can be claimed directly on the basis of that provision. Any possible related acts, if touching this right, shall not exceed the limits defined in the cited provisions of the Charter. If the time limit on detention, as expressly laid down in Article 8.3 of the Charter, is t... Read more
1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts
1.6.7 Constitutional Justice - Effects - Influence on State organs
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial
Detention, Unlawful / Preliminary ruling, Referral

CZE-2000-2-012 a) Czech Republic b) Constitutional Court c) First Chamber d) 28.05.2000 e) I. US 641/99 f)
The Constitutional Court is not, in relation to ordinary courts, a court of third or fourth instance, and is not competent to assess the overall legality or correctness of an ordinary court's decision. That however does not affect its authority to ascertain whether the decision constituted an interference with constitutionally guaranteed fundamental rights and basic freedoms. The Court's function ... Read more
1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts
3.9 General Principles - Rule of law
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms
5.3.13.28 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to examine witnesses
Evidence, Partial submission / Expert, Assessment / Evidence, Written witness

CZE-2008-1-003 a) Czech Republic b) Constitutional Court c) Plenary d) 13.03.2008 e) Pl. US 25/07 f) Institute for the Study of Totalitarian Regimes - Petition to Annul Act no. 181/2007 Coll.
In view of the principle of separation of powers under Article 2.1 of the Constitution, it is not the role of the Constitutional Court to consider the purposefulness of the establishment of a state institution that is to study a particular segment of history; that question falls into the area of the legislature's political decision-making. The statutory requirement that those serving as members o... Read more
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
3.10 General Principles - Certainty of the law
3.12 General Principles - Clarity and precision of legal provisions
3.18 General Principles - General interest
3.22 General Principles - Prohibition of arbitrariness
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
5.3.29 Fundamental Rights - Civil and political rights - Right to participate in public affairs
5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service
Political party, Membership / Totalitarian regime, Values / Public office, Access / Democracy, Capable of defending itself

CZE-2002-3-014 a) Czech Republic b) Constitutional Court c) Plenary d) 27.11.2002 e) Pl. US 6/02 f)
The Czech Republic is based on the principle of a secular state and it may not be bound either by an exclusive ideology or by a particular religion. The state must tolerate religious pluralism. The state must be separate from particular religious denominations. The churches and religious societies administer their matters independent of the state organs. In compliance with the principle of the ... Read more
1.6.1 Constitutional Justice - Effects - Scope
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature
3.16 General Principles - Proportionality
3.18 General Principles - General interest
3.22 General Principles - Prohibition of arbitrariness
4.5.2 Institutions - Legislative bodies - Powers
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Religion, Religious activity, Freedom / Church, Self-administration / Church, Property / Church, Registration

CZE-2004-3-014 a) Czech Republic b) Constitutional Court c) Third Chamber d) 16.09.2004 e) III. US 288/04 f) Service contribution to emeritus military personnel
The legislature must define subjects of law on reasonable and objective grounds that are free from any arbitrariness. Equality requires the elimination only of unjustified differences. The principle of equality in law must be understood as requiring that the legal differentiation in the approach to certain rights may not manifest arbitrariness. It does not imply, however, that any right whatsoever... Read more
3.11 General Principles - Vested and/or acquired rights
3.16 General Principles - Proportionality
3.19 General Principles - Margin of appreciation
3.22 General Principles - Prohibition of arbitrariness
4.5.2 Institutions - Legislative bodies - Powers
4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces
5.2.2.9 Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Competence, Certificate, Requirement / Communism, Supporter / Soldier, Professional / Remuneration, Fair, Principle

CZE-2012-3-012 a) Czech Republic b) Constitutional Court c) Plenary d) 27.11.2012 e) Pl. ÚS 1/12 f) Joinder of Parliament Debate on Multiple Bills and Duty of Job Seekers to Perform so called Public Service
A joinder of parliamentary debates on multiple Bills does not amount to a breach of constitutional principles related to the law-making procedure as long as such a joinder occurred within the recurrent debate of the Bills, with the Bills having been returned by the Senate, and provided that the previous debates provided an opportunity to all Deputies of Parliament to familiarise themselves with th... Read more
4.5.6 Institutions - Legislative bodies - making procedure
5.3.5.2 Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Penalty, Administrative / Job, Applicant / Forced labour / Healthcare / Legislative procedure / Procedure, Parliament / Public service / Registration, Obligatory

CZE-2009-1-003 a) Czech Republic b) Constitutional Court c) Plenary d) 21.04.2009 e) Pl. ÚS 29/08 f) Constitutionality of the real estate transfer tax
Evaluating the suitability and necessity of individual components of tax policy is left to the discretion of the democratically elected legislature, insofar as the effect of tax on persons does not have a strangulatory effect (is not extremely disproportional) and does not violate the principle of accessory and non-accessory equality. In the Constitutional Court's opinion, these constitutional dem... Read more
3.9 General Principles - Rule of law
3.16 General Principles - Proportionality
3.18 General Principles - General interest
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation
Tax, Real estate / Taxation, Decision, Review / Taxation, Legal basis

CZE-2017-2-004 a) Czech Republic b) Constitutional Court c) Plenum d) 03.05.2017 e) Pl. ÚS 2/15 f) Public health insurance of foreigners and payment-free health care
In terms of the scope of constitutional guarantees, the difference between the right to payment-free health care under the second sentence of Article 31 of the Charter of Fundamental Rights and Freedoms and the right to protection of health under the first sentence of Article 31 of the Charter cannot be erased. The constitutional right to payment-free health care on the basis of public health insu... Read more
3.5 General Principles - Social State
3.16 General Principles - Proportionality
5.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Healthcare, Cost-free, Foreigners / Statutory health insurance / Solidarity, National

Denmark

DEN-1997-3-002 a) Denmark b) Supreme Court c) d) 26.05.1997 e) I 171/1997 f)
A decision of the Board of Appeal Permissions (Procesbevillings-nævnet) was exempted from judicial review as the decision was based on the exercise of the Board's discretion. The Board of Appeal Permissions' dismissal of an application for leave to appeal to the Supreme Court fell within the Board's margin of appreciation.
1.4.9.2 Constitutional Justice - Procedure - Parties - Interest
3.19 General Principles - Margin of appreciation
4.6.6 Institutions - Executive bodies - Relations with judicial bodies
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms
Decision, Descretionary, Judicial review / Judgment, Reasoned, Obligation / Treaty, Maastricht

DEN-1997-3-003 a) Denmark b) Supreme Court c) d) 16.06.1997 e) 137/1997 f)
In a split decision the Supreme Court found it established in the final wording as well as in the drafting history of the relevant provision of the Aliens Act that the Danish Parliament (Folketinget) intended to preclude judicial review of the decisions of the Danish National Refugee Board. Hence, according to Danish law, the normal limitations upon the courts' examination of executive deci... Read more
2.3.3 Sources - Techniques of review - Intention of the author of the enactment under review
4.5.2 Institutions - Legislative bodies - Powers
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
4.6.6 Institutions - Executive bodies - Relations with judicial bodies
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
Intention, Legislative body / Judicial review, Preclusion / Refugee Board, Judicial character / Expulsion

DEN-2002-3-001 a) Denmark b) Supreme Court c) d) 21.05.2002 e) II 222/2001 f)
A requirement of citizenship as a condition for receiving a licence for the commercial transportation of persons (taxi driving) was not contrary to the European Convention on Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination or the International Covenant on Civil and Political Rights.
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
5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
2.1.1.4.7 Sources - Categories - Written rules - International instruments - International Convention on the Elimination of all Forms of Racial Discrimination of 1965
Licence, Granting, Requirement / Transport, Commercial

Estonia

EST-2011-3-001 a) Estonia b) Supreme Court c) Constitutional Review Chamber d) 08.03.2011 e) 3-4-1-11-10 f)
Although the local government has an obligation to consider the equal treatment requirement in Article 12 of the Constitution, it has more freedom in decision making where allowances or services for needy persons or allowances or services which a person could demand from the local government due to its obligatory duties are not at issue. While the local government does not provide services direct... Read more
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
4.8.3 Institutions - government - Municipalities
4.8.4.1 Institutions - government - Basic principles - Autonomy
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
Allowance, Amount, Right / Local authority / Legitimate aim / Residence, Welfare benefit

Finland

FIN-2020-3-001 a) Finland b) Supreme Administrative Court c) d) 18.09.2020 e) 2030:97 f)
A decision by a diocesan chapter to issue a caution against a minister of the Evangelical Lutheran Church of Finland for having officiated a marriage between a couple of the same sex, which was allowed under the Marriage Act but deemed by the chapter to be contrary to the obligations of priesthood and the ordination vow was not made unlawfully.
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature
5.3.34 Fundamental Rights - Civil and political rights - Right to marriage
Church matter / Marriage legislation, Amendment / Same sex marriage / Priesthood, Ordination, Vows, Conflict

France

FRA-1996-1-002 a) France b) Constitutional Council c) d) 09.04.1996 e) 96-375 DC f) Law on certain economic and financial provisions
By authorising loan offers which ignored the provisions of Article L.312-8, paragraph 2, of the Consumer Code concerning repayment scheduling, it was the legislator's intention to avoid a spate of legal proceedings of such magnitude that the financial equilibrium of the banking system as a whole, and therefore the country's economic activity in general, would have been placed at considerable risk.... Read more
1.3.4.10 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments
2.3.1 Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion
3.17 General Principles - Weighing of interests
3.18 General Principles - General interest
Competence, Legislative, Limits / Transfer from public to private sector / Validation, Legislative

FRA-1994-2-004 a) France b) Constitutional Council c) d) 27.07.1994 e) 94-343/344 DC f) Law on respect for the human body and law on donation and use of parts or products of the human body, medically assisted procreation and prenatal diagnosis
This bioethics decision mainly establishes the constitutional importance of the principle of preserving the dignity of the human person from all subservience or degradation. Parliament had established that principle in the above two laws and had safeguarded it with a further set of principles including primacy of the human person, respect for human life from its outset, the inviolability of the hu... Read more
1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
2.1.1.1.2 Sources - Categories - Written rules - National rules - constitutional enactments
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.2 Fundamental Rights - Equality
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.33.1 Fundamental Rights - Civil and political rights - Right to family life - Descent
5.4.21 Fundamental Rights - Economic, social and cultural rights - Scientific freedom
Human body, Respect / Bioethic / Embryo, Fertilised

FRA-2003-1-005 a) France b) Constitutional Council c) d) 03.04.2003 e) 2003-468 DC f) Law on the election of regional councillors, election of representatives to the European Parliament, and public aid for political parties
Under Article 39 of the Constitution, the Council of Ministers passed a bill after consulting the Conseil d'État on the main issues raised by the text. A provision inserted in the bill by the Council of Ministers amending the text on a fundamental point which had not been discussed by the Conseil d'État is procedurally flawed. Generally speaking, although parliament is entitled, w... Read more
3.3.3 General Principles - Democracy - Pluralist democracy
3.12 General Principles - Clarity and precision of legal provisions
4.5.6.4 Institutions - Legislative bodies - making procedure - Right of amendment
4.6.2 Institutions - Executive bodies - Powers
4.9 Institutions - Elections and instruments of direct democracy
4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.41 Fundamental Rights - Civil and political rights - Electoral rights
Bill, Amendment / Conseil d''État, Consultation / Regional council, Election / Regional council, Gender parity

FRA-2007-2-005 a) France b) Constitutional Council c) d) 09.08.2007 e) 2007-554 DC f) Law reinforcing the action against reoffending among adult and young offenders
While the need to penalise offences is a matter for the legislature's discretionary powers, the Constitutional Council must ensure that there is no manifest disproportion between the offence and the penalty incurred. This principle is not violated by the introduction of minimum penalties for serious crimes and offences punishable by a minimum three years' imprisonment that are perpetrated in the c... Read more
2.1.1.1.2 Sources - Categories - Written rules - National rules - constitutional enactments
2.3.1 Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
3.14 General Principles - Nullum crimen, nulla poena sine lege
3.16 General Principles - Proportionality
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
Constitutional review, Restricted / Penalties, Personalisation, Principle / Care order / Mentally ill / Penalty, Necessity, Manifest disproportion / Minimum penalty / Minors, Protection / Recidivism, Minimum penalty / Penalty, Necessity, Principle / Penalty, Mitigation, Based on age

FRA-2010-2-002 a) France b) Constitutional Council c) d) 28.05.2010 e) 2010-1 QPC f) Consorts L. (freezing of pensions)
In reply to a Priority Constitutionality Question submitted on the basis of Article 61-1 of the Constitution, it is not incumbent on the Constitutional Council to challenge a decision in which the Conseil d'État or the Court of Cassation ruled that a provision was, or was not, applicable to the dispute of proceedings or whether or not it constituted grounds for prosecution. By laying dow... Read more
1.4.8.4 Constitutional Justice - Procedure - Preparation of the case for trial - Preliminary proceedings
1.6.5.5 Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect
1.6.9.1 Constitutional Justice - Effects - Consequences for other cases - Ongoing cases
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension
War veterans / Discrimination / Pension, Cristallisation

FRA-1975-C-001 a) France b) Constitutional Council c) d) 14.01.1975 e) 74-54 DC f) Law on the voluntary termination of pregnancy
It is not for the Constitutional Council, on an application under Article 61 of the Constitution, to examine whether a law is compatible with the requirements of an international instrument or agreement.
1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies
2.1.1.1.2 Sources - Categories - Written rules - National rules - constitutional enactments
2.2.1.2 Sources - Hierarchy - national sources - Treaties and legislative acts
Review of compatibility with a Convention / Abortion

FRA-2022-3-014 a) France b) Constitutional Council c) d) 10.11.2022 e) 2022-1022 QPC f) Ms Zohra M. and others (Refusal by a medical practitioner to apply advance directives that are manifestly inappropriate or incompatible with the medical situation of the patient)
The Constitutional Council holds that the legislative provisions on the conditions in which medical practitioners may override the advance directives of patients at the end of their lives are constitutional.
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Life, End, Advance directives / Margin of appreciation, Medical practitioner

Georgia

GEO-2016-2-009 a) Georgia b) Constitutional Court c) First Board d) 15.10.2015 e) 1/4/592 f) Beka Tsikarishvili v. Parliament
To justify certain punishment in a democratic society, there should be an adequate means to achieve the aims of punishment itself. Any punishment prescribed by the state will become an aim itself if it is not connected to the aims of punishment. Punishment of an individual without necessarily achieving the aims of punishment turns punishment into an aim and main function of the state, nullifying t... Read more
3.16 General Principles - Proportionality
3.18 General Principles - General interest
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
Cannabis, Possession, Consumption, Personal / Liability, Criminal, Threat / Imprisonment / Punishment, Disproportional / Human freedoms, Rights

GEO-1998-2-002 a) Georgia b) Constitutional Court c) Second Chamber d) 22.05.1998 e) 2/59-8 f) Lutseta Tapliashvili v. the President of Georgia
A normative act by the executive regulating issues of privatisation in favour of tenants does not contradict the constitutional right to property enshrined in Article 21.1 of the Constitution. Privatisation of premises which were registered as public property at the time of privatisation does not constitute a ground for declaring the relevant normative act unconstitutional. The Constitutional Cour... Read more
1.1.4.3 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Executive bodies
1.3 Constitutional Justice - Jurisdiction
5.3.33.2 Fundamental Rights - Civil and political rights - Right to family life - Succession
5.3.39.1 Fundamental Rights - Civil and political rights - Right to property - Expropriation
5.3.39.4 Fundamental Rights - Civil and political rights - Right to property - Privatisation
Housing, Privatisation / Privatisation, Special instruction

GEO-2014-2-009 a) Georgia b) Constitutional Court c) Second Chamber d) 14.05.2013 e) 2/2/516, 542 f) Citizens of Georgia, Alexandre Baramidze, LashaTughushi, VakhtanKhmaladze and VakhtangMaisaia v. Parliament of Georgia
Laws establishing criminal responsibility may open the possibility of being interpreted by the courts and the possibility of applying the law to a specific situation. Although it is impossible that a law could envisage each aspect of all future concrete cases or situations, the legislator while defining prohibited acts in criminal legislation is obliged to adopt a norm which reduces as much as pos... Read more
3.10 General Principles - Certainty of the law
3.16 General Principles - Proportionality
3.18 General Principles - General interest
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Criminal responsibility, Establishment / Law, Foreseeability / Information, Collection and processing / Intelligence service / State, Security

GEO-2016-1-004 a) Georgia b) Constitutional Court c) Second Board d) 08.08.2014 e) 2/4/532, 533 f) Irakli Kemoklidze and Davit Kharadze v. Parliament
Restrictions on the rights of persons with mental retardations should conform to constitutional standards of human rights and fundamental freedoms, and should not rest upon the person’s mental illness. Disability caused by psychological diseases does not always imply that a person is incapable of making conscious decisions in all areas of social life and carry out actions that may entail legal con... Read more
3.16 General Principles - Proportionality
5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.34 Fundamental Rights - Civil and political rights - Right to marriage
5.3.43 Fundamental Rights - Civil and political rights - Right to self fulfilment
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Physical disorder, Mental / Capacity, Legal proceedings / Consent, Legal representative / Interference, Rights / Personal development / Capacity, Restoration

GEO-2014-1-002 a) Georgia b) Constitutional Court c) Plenary d) 18.04.2011 e) 2/482, 483, 487, 502 f) Political Union of Citizens "Movement for Unified Georgia", Political Union of Citizens "Conservative Party of Georgia", Citizens of Georgia – Zviad Dzidziguri and Kakha Kukava, Georgian Young Lawyers’ Association, Citizens – Datchi Tsaguria and Jaba Jishkariani, Public Defender v. Parliament
If those taking part in an assembly break the Law on Assemblies and Manifestations or mass violations of law are committed, government interference in the realisation of their right represents a proportionate means of pursuing a reasonable and legitimate aim. However, if the assembly or demonstration has to be broken up directly a breach of the law occurs, this will not be proportionate. If demons... Read more
3.16 General Principles - Proportionality
3.18 General Principles - General interest
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly
Assembly, Manifestation, Right, Restriction, Termination / Expression, Opinion / Activity, Political

GEO-2014-1-003 a) Georgia b) Constitutional Court c) First Chamber d) 22.12.2011 e) 1/1/477 f) Public Defender v. Parliament
Maintaining a reasonable balance between freedom of religion and the defence of the country requires the coexistence of these interests, rather than one being protected at the expense of the other. Establishing a civilian service rather than military service is a way of balancing these interests. However, the legislator did not extend this possibility to those who objected to military reserve serv... Read more
3.17 General Principles - Weighing of interests
5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion
5.3.16 Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
Military service, Reserve / Objection, Conscientious

GEO-2014-1-005 a) Georgia b) Constitutional Court c) First Chamber d) 11.04.2012 e) 1/1/468 f) Public Defender v. Parliament
Questions had arisen over the constitutionality of licensing for terrestrial stations of TV or radio broadcasting satellite systems or broadcasting through cable networks, the rules for issuing a licence and the obligation to modify licences once granted. These regulations could be said to form part of the implementation of the basic function by the state. However, in exercising this power, the s... Read more
3.16 General Principles - Proportionality
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
Media broadcasting, Television, License / Satellite, Cable, Broadcasting / Dissemination, Information, Opinion

Germany

GER-2005-S-001 a) Germany b) Federal Constitutional Court c) Second Panel d) 25.08.2005 e) 2 BvE 4, 7/05 f) Dissolution of the Bundestag 2005
1. For a vote of confidence aiming to dissolve the Bundestag to be constitutional, it must not only meet the formal requirements, but also satisfy the purpose of Article 68 of the Basic Law. The Basic Law seeks to create a viable government by means of Articles 63, 67 and 68. 2. A vote of confidence aiming at dissolution is only justified if a Federal Government, rooted in Parliament, has lost its... Read more
1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
1.3.5.6 Constitutional Justice - Jurisdiction - The subject of review - Decrees of the Head of State
1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts
4.4.3.1 Institutions - Head of State - Powers - Relations with legislative bodies
4.5.7.2 Institutions - Legislative bodies - Relations with the executive bodies - Questions of confidence
3.4 General Principles - Separation of powers
Parliament, Dissolution / Elections, New, Order / Government, Parliamentary viability / Vote of confidence, Procedure, Competence

GER-2018-1-011 a) Germany b) Federal Constitutional Court c) First Panel d) 11.04.2018 e) 1 BvR 3080/09 f) Stadium Ban
1. Even in conjunction with the doctrine of the indirect horizontal effects of fundamental rights (mittelbare Drittwirkung), Article 3.1 of the Basic Law does not give rise to an objective constitutional principle according to which legal relationships between private actors would be generally subject to equality guarantees. In principle, all persons have the freedom to choose  according ... Read more
3.17 General Principles - Weighing of interests
3.22 General Principles - Prohibition of arbitrariness
5.1.2 Fundamental Rights - General questions - Horizontal effects
5.2.1 Fundamental Rights - Equality - Scope of application
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
5.4.8 Fundamental Rights - Economic, social and cultural rights - Freedom of contract
1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
Jurisdiction, Constitutional, Court decisions, Private law disputes / Practical concordance, Balancing / Equality, Private actors, Application / Fundamental rights, Private law, Application / Private property, Owner, Right, House rules / Ripple effect (Ausstrahlungswirkung), Fundamental rights / Social life, Participation, Right / Football, Stadium ban / Standard of review, Court decision, Interpretation, Manifest error

GER-2021-S-002 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
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 family.... 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
1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
2.3.1 Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion
3.4 General Principles - Separation of powers
3.17 General Principles - Weighing of interests
3.20 General Principles - Reasonableness
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
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
General interest, Healthcare system, Proper functioning / General interest, Life and limb, Protection / General interest, Fight against pandemic / Infectious disease, Protection / 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

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)
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 the... 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
1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
2.3.1 Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion
3.4 General Principles - Separation of powers
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
5.1.4.3 Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation
5.1.5 Fundamental Rights - General questions - Emergency situations
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
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

GER-2021-S-001 a) Germany b) Federal Constitutional Court c) Second Panel d) 06.12.2022 e) 2 BvR 547/21, 2 BvR 798/21 f) Act Ratifying the EU Own Resources Decision – Next Generation EU
1. Constitutional complaints directed against the Act Ratifying the EU Own Resources Decision that claim a violation of the right to democratic self-determination derived from the first sentence of Article 38.1 in conjunction with Article 20.1, 20.2 and Article 79.3 of the Basic Law must be granted admissibility. Admitting such challenges is necessary to safeguard the right to democratic self-dete... Read more
1.3.5.2 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law
1.3.4.14 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states
3.19 General Principles - Margin of appreciation
4.5.2.1 Institutions - Legislative bodies - Powers - Competences with respect to international agreements
4.10.2 Institutions - Public finances - Budget
4.17.2.1 Institutions - European Union - Distribution of powers between the EU and member states - operation between EU institutions and member States
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
2.2.1.6 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law
3.1 General Principles - Sovereignty
3.9 General Principles - Rule of law
4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction
4.17.1.5 Institutions - European Union - Institutional structure - Court of Justice of the European Union
COVID-19, Pandemic / Capital markets, Borrowing / Constitution, Identity, Review / Debt, Public / Democracy, Core, Right, Individual / European Union, Borrowing / European Union, Budget / European Union, Council, Decision, Ratification, Member states / European Union, Member states, Finances / European Union, Own resources / European Union act, Ultra vires, Review / Pandemic, COVID-19, Social and economic effects, Recovery / Parliament, Powers, Budgetary / Public finances, Liabilities, Risk assessment / Recovery instrument / Right to vote, Self-determination, Democratic

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

Hungary

HUN-2003-3-006 a) Hungary b) Constitutional Court c) d) 27.10.2003 e) 47/2003 f)
The Constitutional Court held that provisions allowing the police to monitor, for the purposes of crime prevention, convicts released after at least three years' imprisonment clearly violated the fundamental rights of convicts, especially their right to the protection of personal data and the privacy of the home.
3.10 General Principles - Certainty of the law
3.12 General Principles - Clarity and precision of legal provisions
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
Crime, Prevention, Means, Permissible / Police, Surveillance, Released convict

HUN-2012-2-004 a) Hungary b) Constitutional Court c) d) 11.05.2012 e) 22/2012 f) On the interpretation of Articles E.2 and E.4 of the Fundamental Law
The authorisation for expressing consent to be bound by every international treaty that results in further sovereignty-transfer to the European Union requires the votes of two-thirds of all Members of Parliament.
1.3.5.2 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law
1.3.5.3 Constitutional Justice - Jurisdiction - The subject of review - Constitution
Abstract constitutional interpretation / EU treaty / Sovereignty, Transfer

HUN-1990-S-001 a) Hungary b) Constitutional Court c) d) 23.04.1990 e) 8/1990 f)
Article 15.2 of the Labour Code was unconstitutional as it could potentially infringe an employee's right to self-determination which formed an integral part of the right to human dignity in Article 54.1 of the Constitution. It was not inconceivable that the trade union might choose to exercise its right of representation in spite of an employee's explicit request to the contrary. Such potential i... Read more
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions
Trade union, Representation / Employee, Right to human dignity / Umbrella, Right

HUN-1992-S-002 a) Hungary b) Constitutional Court c) d) 26.05.1992 e) 30/1992 f)
The freedom of expression is the "umbrella right" of the fundamental rights of communication. Free expression of ideas and beliefs, free manifestation of even unpopular or unusual convictions, is fundamental to a pluralist, democratic society. The constitutional boundary of the freedom of expression has to be drawn in such a way that in addition to the individual's subjective right to free express... Read more
3.3 General Principles - Democracy
3.14 General Principles - Nullum crimen, nulla poena sine lege
3.16 General Principles - Proportionality
3.22 General Principles - Prohibition of arbitrariness
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Hate speech / Hatred, Incitement

HUN-2013-1-001 a) Hungary b) Constitutional Court c) d) 07.01.2013 e) 1/2013 f) Annulment of certain provisions of the not yet promulgated Act on Electoral Procedure
Mandatory "early voter registration" restricts the right to vote without constitutional justification. Limitations on the publication of political advertisements and public opinion polls violate freedom of expression.
4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility
4.9.8.3 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Access to media
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Election, Early registration, Mandatory / Election campaign, Limitation

HUN-2013-1-003 a) Hungary b) Constitutional Court c) d) 21.02.2013 e) 4/2013 f) Prohibition of the use of symbols of totalitarian regimes
A provision of the Criminal Code prohibiting the use of symbols of totalitarian regimes violates the requirement of legal certainty, and in this context, the freedom of expression.
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
3.10 General Principles - Certainty of the law
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Symbol, Communist / Symbol, Nazi / Totalitarian regime, Symbols, Ban

HUN-2022-3-013 a) Hungary b) Constitutional Court c) Plenary d) 15.11.2022 e) 30/2022 (XII.6) AB f) on establishing an omission and a constitutional requirement in relation to certain provisions of Act XL of 1994 on the Hungarian Academy of Sciences and on the Act LXXVI of 2014 on Research, Development and Innovation. as amended by Act LXVIII. of 2019 on restructuring of the institutional framework and financing of the research, development and innovation system
The reorganisation of certain tasks of institutions with a public-service mission may affect the exercise of rights relating to the property associated with the exercise of that mission. The designation of a new holder of property is not automatic. The absence of a guaranteeing regulation that meets the requirements of the rule of law and the right to property may give rise to an unconstitutional ... Read more
3.10 General Principles - Certainty of the law
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.4.21 Fundamental Rights - Economic, social and cultural rights - Scientific freedom
Academy, Property

Ireland

IRL-1996-3-004 a) Ireland b) Supreme Court c) d) 18.12.1996 e) 369/1995 f) Kavanagh v. Ireland
A declaration by the executive, under Section 35.2 of the Offences Against the State Act 1939, that the ordinary courts are inadequate to secure the effective administration of justice, is essentially political in nature. While not entirely beyond the reach of judicial control, the courts should be extremely reluctant to review such a declaration.
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
3.4 General Principles - Separation of powers
4.6.6 Institutions - Executive bodies - Relations with judicial bodies
5.1.5 Fundamental Rights - General questions - Emergency situations
4.16.1 Institutions - International relations - Transfer of powers to international institutions
5.3.13.10 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial by jury
Political question, Review / Presumption, Constitutionality

IRL-2004-2-002 a) Ireland b) Supreme Court c) d) 23.06.2004 e) 39 and 53/2004 f) The Director of Public Prosecutions v. Leontjava
The legislature is entitled, when granting statutory effect to secondary legislation, to incorporate said legislation by reference rather than setting out the text verbatim within the body of the statute, provided the effect of said incorporation is not in conflict with any specific provision of the Constitution. This is because of the wide latitude afforded to the legislature by the Constitution ... Read more
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
1.3.5.10 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive
3.4 General Principles - Separation of powers
3.13 General Principles - Legality
3.15 General Principles - Publication of laws
3.19 General Principles - Margin of appreciation
4.5.6 Institutions - Legislative bodies - making procedure
Immigration, Law / Government, Law-making process, Participation / Legislation, Sphere / Regulation, Implementing statute / Legislation, By reference

IRL-2014-3-004 a) Ireland b) Supreme Court c) d) 07.11.2014 e) 263/2013 f) M.R. and D.R. (suing by their father and next friend O.R.) and others v. An t-Ard-Chláraitheoir and others
A genetic mother of twins was entitled to be registered as their "mother" for the purposes of civil registration, rather than their gestational mother under a surrogacy arrangement.
2.1.1.1.2 Sources - Categories - Written rules - National rules - constitutional enactments
3.4 General Principles - Separation of powers
5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Motherhood, Surrogacy, Genetic/biological mother, Gestational mother / Civil registration of birth, mater simper certa est

IRL-2010-1-001 a) Ireland b) Supreme Court c) d) 21.01.2010 e) 419/2003 f) Meadows v. Minister for Justice, Equality and Law Reform
A proportionality test should be applied in reviewing whether administrative decisions which affect fundamental rights are reasonable.
2.1.1.4.5 Sources - Categories - Written rules - International instruments - Geneva Convention on the Status of Refugees of 1951
3.4 General Principles - Separation of powers
3.16 General Principles - Proportionality
3.19 General Principles - Margin of appreciation
3.20 General Principles - Reasonableness
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity
Judicial review, Standards / Proportionality, Burden of proof / Refugee, Expulsion

IRL-2017-3-006 a) Ireland b) Supreme Court c) d) 12.12.2017 e) 50/2016 f) O’Sullivan v. Sea Fisheries Protection Authority and others
The matters dealt with in the European Union (Common Fisheries Policy) (Point System) Regulations were incidental, supplemental and consequential to the provisions of the relevant European Regulations and accordingly did not contravene Article 15.2.1 of the Constitution, which provides that the sole and exclusive power of making law is vested in Parliament (Oireachtas). However, the Regulat... Read more
1.3.5.2.2 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Secondary legislation
3.4 General Principles - Separation of powers
Fisheries, Stocks protection / Delegation, Legislative power, Scope / Delegation of powers / Sanction, Administrative / Sanction, Criminal / Secondary EU legislation, Constitutionality / Complaint, Constitutional / Law making, Constitutional rules / Fair procedures

Israel

ISR-2011-2-006 a) Israel b) Supreme Court c) Extended Panel d) 07.04.2011 e) HCJ 4908/10 f) Bar-On v. Israel Knesset
The generally accepted test in Israel to identify Basic Laws, which constitute part of the future Constitution of the State, is a test that is essentially formal in nature. In other words, a Basic Law will be deemed to be such if its title includes the words "Basic Law" and does not include the year of its enactment. The enactment of a temporary constitutional arrangement detracts from the status... Read more
1.3.5.3 Constitutional Justice - Jurisdiction - The subject of review - Constitution
3.4 General Principles - Separation of powers
Constitutionality, Review / Constitution, Amendment / State budget

ISR-2014-3-006 a) Israel b) Supreme Court c) Panel d) 22.09.2014 e) HCJ 7385/13 f) Eitan -Israeli immigration policy v. The government of Israel
A law, which allows illegal immigrants to be held in custody for a period of up to one year and obligates illegal immigrants to stay in a centre, which in fact functions as a closed installation, constitutes a non-proportionate violation of the right to liberty and dignity and of all of the other basic rights derived therefrom.
3.16 General Principles - Proportionality
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest
5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - penal measures
5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
Detention, Administrative / Detention, Duration / Freedom, Deprivation / Immigration, Unlawful

ISR-2018-2-003 a) Israel b) Supreme Court c) First Panel d) 06.08.2017 e) HCJ 10042/16 f) Quantinsky v. The Israel Knesset
Chapter 12 of the Economic Efficiency (Legislative Amendments for the Implementation of the Economic Policy for Budget Years 2017 and 2018) of Law no. 5777-2016, addressing the payment of special taxes by persons who own multiple apartments, was annulled, on the grounds of a substantive defect in its legislative process which goes to the root of the process and relates to the right of the members ... Read more
1.6.2 Constitutional Justice - Effects - Determination of effects by the court
3.4 General Principles - Separation of powers
3.13 General Principles - Legality
4.5.6 Institutions - Legislative bodies - making procedure
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
Democracy, "principle of participation", Members of parliament / Legislative process, Defect, Judicial review / Legislative process, Right to participate, Members of parliamentary committee, Infringement / Legislative process, Fundamental principles, Violation / Voidness, Relative, Doctrine

ISR-2019-2-001 a) Israel b) Supreme Court c) Extended Panel d) 27.05.2018 e) HCJ 5744/16 f) Attorney Shachar Ben Meir v. The Israel Knesset
When a constitutional amendment violates existing constitutional principles, such as electoral and political speech rights, invalidity does not automatically follow. The essence of the law, its purpose and balancing mechanisms within the new law should be weighed against the gravity of the violations.
4.1 Institutions - Constituent assembly or equivalent body
4.5.3.4.3 Institutions - Legislative bodies - Composition - Term of office of members - End
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Constitution, Amendment, Validity / Election, Equality of votes / Election, Voters, Equality

ISR-2023-1-001 a) Israel b) Supreme Court c) Extended Panel d) 06.05.2020 e) HCJ 2592/20 f) The Movement for Quality Government in Israel v. The Attorney General
The task of forming a government may be assigned to a member of the Knesset who has been indicted for offenses involving violations of public integrity. The coalition agreement between the «Blue and White» and «Likud» parties does not contravene legal or constitutional principles, and does not contradict public policy, to such an extent that all or some of its provisions should be held void.
4.4.4.1 Institutions - Head of State - Appointment - Necessary qualifications
4.5.7.2 Institutions - Legislative bodies - Relations with the executive bodies - Questions of confidence
4.6.4.1 Institutions - Executive bodies - Composition - Appointment of members
Executive, Formation / Legislature, Member, Moral turpitude / Judicial review, Scope

ISR-2023-1-002 a) Israel b) Supreme Court c) Extended Panel d) 23.05.2021 e) HCJ 5969/20 f) Shaffir v. The Knesset
A legislative act must satisfy certain criteria in order to qualify as a Basic Law, i.e. as part of the State's future Constitution. The Amendment no. 50 to «Basic Law: The Knesset» did not fulfil these criteria. However, in light of the fact that the Amendment included temporary measures relating to the State Budget for fiscal year 2020, which had already ended when the judgment was handed... Read more
1.3.5.3 Constitutional Justice - Jurisdiction - The subject of review - Constitution
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
3.4 General Principles - Separation of powers
4.10.2 Institutions - Public finances - Budget
4.14 Institutions - Activities and duties assigned to the State by the Constitution
Constitutionality, Review / Constitution, Amendment / State budget / Constitution, Amendment, Validity

ISR-2023-1-003 a) Israel b) Supreme Court c) Extended Panel d) 08.07.2021 e) HCJ 5555/18 f) Hasson v. The Knesset
There are no grounds to annul the Nation-State Basic Law, or to intervene in any of its provisions and the Law is to be given a validating interpretation consistent with the other Basic Laws and with the principles and values of the Israeli legal system. The fact that the principle of equality is not explicitly mentioned in the Basic Law does not detract from its status and importance as a basic ... Read more
1.3.5.3 Constitutional Justice - Jurisdiction - The subject of review - Constitution
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
4.2 Institutions - State Symbols
4.3.1 Institutions - Languages - Official language(s)
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
4.7.1 Institutions - Judicial bodies - Jurisdiction
4.14 Institutions - Activities and duties assigned to the State by the Constitution
5.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals
5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin
5.3.40 Fundamental Rights - Civil and political rights - Linguistic freedom
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities
5.5.4 Fundamental Rights - Collective rights - determination
Constitution, Amendment, Proposal, Constitutional review / Constitution, Amendment, Substantive limitation / Constitution, Basic structure, Doctrine / Equality and non-discrimination / Equality, Collective / Equality, Principle, Derogation, Validity over time / Language rights

Italy

ITA-2020-1-003 a) Italy b) Constitutional Court c) d) 22.11.2019 e) 242/2019 f)
Article 580 of the Criminal Code is unconstitutional, insofar as it does not exclude punishment for those who facilitate the fulfilment of the independently and freely formed intent to commit suicide by a person fully capable of making free and informed decisions kept alive by life-support treatments and suffering from an incurable illness which is a source of physical or psychological suffering t... Read more
3.12 General Principles - Clarity and precision of legal provisions
3.17 General Principles - Weighing of interests
3.19 General Principles - Margin of appreciation
3.20 General Principles - Reasonableness
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Suicide, Assisted

ITA-2022-1-003 a) Italy b) Constitutional Court c) d) 04.03.2022 e) 54/2022 f)
It is within the legislator’s discretion to identify the recipients of social security benefits, taking into account the limit of available resources. However, that choice is subject to the principle of reasonableness. The introduction of selective requirements is thus possible, provided that they are underpinned by adequate legislative grounds and supported by a rational and transparent justifica... Read more
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000
2.2.1.6 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law
2.2.2.2 Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law
2.3.8 Sources - Techniques of review - Systematic interpretation
3.19 General Principles - Margin of appreciation
3.20 General Principles - Reasonableness
5.2 Fundamental Rights - Equality
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living
Childbirth allowance and maternity allowance / Third-country nationals

ITA-2022-2-005 a) Italy b) Constitutional Court c) d) 01.02.2022 e) 28/2022 f)
The severity of the penalty imposed by the legislator must not be manifestly disproportionate to the objective and subjective seriousness of the offence. This happens, in particular, when the legislator sets too high a limit for the minimum penalty, thus obliging judges to impose punishment that may, in some cases, be manifestly excessive in relation to the seriousness of the offence. The same pri... Read more
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
2.3.9 Sources - Techniques of review - Teleological interpretation
3.16 General Principles - Proportionality
3.19 General Principles - Margin of appreciation
3.20 General Principles - Reasonableness
3.21 General Principles - Equality
5.2 Fundamental Rights - Equality
5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - penal measures
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
Fines replacing short custodial sentences / Penalty, Severity

ITA-2022-2-006 a) Italy b) Constitutional Court c) d) 10.03.2022 e) 63/2022 f)
The provision of a minimum custodial sentence of five years and a maximum of fifteen years for an offence that is ordinarily punishable with a term of imprisonment from one to five years, solely by reason of the use of forged, altered or even only unlawfully obtained documents, amounts to an intra-systemic anomaly, compared to the sentencing range laid down by both the Criminal Code and the releva... Read more
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000
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
2.3.6 Sources - Techniques of review - Historical interpretation
2.3.8 Sources - Techniques of review - Systematic interpretation
3.16 General Principles - Proportionality
3.19 General Principles - Margin of appreciation
3.20 General Principles - Reasonableness
3.21 General Principles - Equality
5.2 Fundamental Rights - Equality
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
Immigration, Illegal, Facilitation / International migrant smuggling / Immigration, Offence, People smuggling

ITA-2022-2-007 a) Italy b) Constitutional Court c) d) 28.03.2022 e) 79/2022 f)
In the light of evolving social awareness, the driving force of the principle of equality has impinged on the very concept of the status of son or daughter. This status implies in itself membership of a family community according to a logic based on the responsibilities arising from the parent-child relationship and the need to pursue the best interests of the child. If it is true that status is b... Read more
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000
3.19 General Principles - Margin of appreciation
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
2.1.1.4 Sources - Categories - Written rules - International instruments
2.1.3.1 Sources - Categories - law - law
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.2.2.2 Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law
2.3.6 Sources - Techniques of review - Historical interpretation
2.3.8 Sources - Techniques of review - Systematic interpretation
3.20 General Principles - Reasonableness
3.21 General Principles - Equality
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.2 Fundamental Rights - Equality
5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status
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
Adoption in special cases / Family relations / Legal recognition of ties of kinship / Best interests of the child

ITA-2022-3-010 a) Italy b) Constitutional Court c) d) 22.12.1922 e) 131/2022 f)
According to the case law of the Court of Justice of the European Union, the temporal effects of a preliminary ruling can only be altered by the Court itself, and only in that same ruling. Individual Member States may not alter the temporal effects of that interpretation, and certainly not where there is a Directive envisaging complete harmonisation, with specified exceptions. The legislator, by a... Read more
1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies
1.2.3 Constitutional Justice - Types of claim - Referral by a court
1.3.5.2.1 Constitutional Justice - Jurisdiction - The subject of review - Law of the European Union/EU Law - Primary legislation
1.3.5.3 Constitutional Justice - Jurisdiction - The subject of review - Constitution
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
2.3.8 Sources - Techniques of review - Systematic interpretation
2.3.10 Sources - Techniques of review - Contextual interpretation
3.9 General Principles - Rule of law
3.20 General Principles - Reasonableness
3.22 General Principles - Prohibition of arbitrariness
5.2 Fundamental Rights - Equality
5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection
3.16 General Principles - Proportionality
3.21 General Principles - Equality
Consumer credit agreement, Early repayment / Court of Justice of the European Union, Preliminary ruling, Temporal effect

Korea, Republic

KOR-2012-2-008 a) Korea, Republic b) Constitutional Court c) d) 25.11.2010 e) 2006Hun-Ma328 f) Military Service Law
The legislation that only a man must have military duty and therefore be subject to the physical examinations for conscription does not appear to be outrageously arbitrary because: men as a group are physically fit to be a combat soldier better than women as a group are; in reality, it is difficult for the government to have a system for physical examination which is capable of comparing the peopl... Read more
1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi
3.20 General Principles - Reasonableness
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
Deferential standard of review / Military service, Duty, Mandatory / Defence, National, Duty

Kyrgyzstan

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

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

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

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

Latvia

LAT-2007-3-004 a) Latvia b) Constitutional Court c) d) 08.06.2007 e) 2007-01-01 f) Compliance of the words "up to 1 January 1996" of Section 13.2 and Section 13.3 of the Law on Personal Income Tax with Article 91 of the Constitution of the Republic of Latvia
The legislator is entitled to acknowledge pensions as an object of personal income tax. Such action by the legislator does not violate the assigned margin of appreciation established in the Latvian Constitution. The right to pensions, irrespective of the date of grant or source of funding, forms part of the content of the notion "property" included in the first sentence of Article 105 of the Co... Read more
1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts
3.19 General Principles - Margin of appreciation
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
5.2.2.13 Fundamental Rights - Equality - Criteria of distinction - Differentiation ratione temporis
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension
Income tax, Assessment basis / Tax, Income, Calculation / Policy, Social / Pension, Taxation / Pension, System, Change, Incidence on taxation

LAT-2014-2-001 a) Latvia b) Constitutional Court c) d) 12.02.2014 e) 2013-05-01 f) Compliance of Section 22.1 (in the wording of the Law of 8 November 2012, which enters into force on 1 January 2015) and of Paragraphs 4 and 5 of the Transitional Provisions of the Law on National Referendums, Legislative Initiatives and European Citizens’ Initiative with Articles 1 and 2 of the Constitution
Norms that introduced a requirement that persons initiating a draft legislative initiative would need to collect signatures from at least 10% of the electorate were constitutional; they were introduced for valid reasons and actually simplified the process of the exercise of the right to legislative initiative by the electorate as a whole.
3.1 General Principles - Sovereignty
3.3.2 General Principles - Democracy - Direct democracy
4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy
5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity
People, Power, Source / Referendum, Initiation / Referendum, National, Reform / Referendum, Right to request / Right, Electors, Legislative initiative

LAT-2010-2-002 a) Latvia b) Constitutional Court c) d) 13.05.2010 e) 2009-94-01 f) Conformity of the words in the first sentence of Paragraph 1 of the Transitional Provisions of the Citizenship Law ''if the registration takes place by 1 July 1995'' and of the second sentence with Articles 1 and 2 of the Constitution of the Republic of Latvia, as well as with the Preamble of 4 May 1990 Declaration of the Supreme Soviet of Latvian S.S.R. "On the Restoration of the Independence of the Republic of Latvia"
Dual citizenship acquired under the conditions of state occupation cannot be regarded as unlawful. The principle of the continuity of citizenship envisages the legal duty of the state to restore, to the extent that is possible, the rights of those citizens who had them prior to the unlawful occupation of the state. At the same time it must be noted that in the context of the continuity doctrine, ... Read more
2.3.6 Sources - Techniques of review - Historical interpretation
3.10 General Principles - Certainty of the law
3.16 General Principles - Proportionality
3.19 General Principles - Margin of appreciation
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
Citizenship, Dual / Occupation, Consequences / Occupation, Period / Citizenship, Deprivation / Independence, State / Citizenship, Continuity, Principle / Annexation / Legal capacity, State / Diplomatic representatives / Political question, Review / State, Continuity

Lithuania

LTU-2023-3-003 a) Lithuania b) Constitutional Court c) d) 05.07.2023 e) KT62-N8/2023 f) Writing of personal names by using Latin alphabet characters (without diacritical marks) in documents certifying the identity of a person
When laying down the legal regulation governing the writing of the name and surname of a person in documents certifying the identity of a citizen of the Republic of Lithuania, the legislature must pay regard to the requirements, implied by the Constitution, inter alia, by the constitutional status, consolidated in Article 14 thereof, of the state language, among others, to the requirements ... Read more
3.19 General Principles - Margin of appreciation
3.4 General Principles - Separation of powers
4.3.2 Institutions - Languages - National language(s)
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Parliament, Exclusive competence / Language, State / Documents certifying the identity of a citizen, Name and surname of a person, Writing / Characters, Non-Lithuanian / Characters, Latin alphabet (without diacritical marks) / Institution with special competence in the field of the state language

Montenegro

MNE-2015-2-002 a) Montenegro b) Constitutional Court c) d) 24.07.2015 e) U-I 13/13, 17/13, 19/13 f)
The provisions of items 2, 3 and 4 of Article 3.1 of the Law on Amnesty of Persons sentenced for Criminal Offences Prescribed by the Laws of Montenegro and Persons Sentenced by Foreign Criminal Verdict neither contain discriminatory limitations on any discriminatory ground in relation to the Constitution nor in the sense in which the European Court of Human Rights interprets limitations.
3.21 General Principles - Equality
4.5.6 Institutions - Legislative bodies - making procedure
5.2.1 Fundamental Rights - Equality - Scope of application
5.2.2 Fundamental Rights - Equality - Criteria of distinction
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings
5.3.13.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction
5.3.37 Fundamental Rights - Civil and political rights - Right of petition
Amnesty / Principle of equality / Principle of non-discrimination / Equality of rights and obligations / Principle of unity of legal system / Constitutionality

Netherlands

NED-1997-2-002 a) Netherlands b) Supreme Court c) Second Division d) 17.12.1996 e) 103.862 f)
It is the task of the Minister of Justice, not of the courts, to decide whether or not to grant a request for extradition. The court is however competent to advise the Minister in this matter.
3.4 General Principles - Separation of powers
3.21 General Principles - Equality
4.6.6 Institutions - Executive bodies - Relations with judicial bodies
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
Extradition, Competence / European Convention on Extradition

NED-1999-3-001 a) Netherlands b) Supreme Court c) First Division d) 15.01.1999 e) 16.734 f)
In principle, the protection afforded by Article 10 ECHR extends to advertisements, but in determining whether it is necessary to restrict this protection States Parties must be allowed a certain margin of discretion that is essential in the realm of commerce, especially in a field as complex and volatile as unfair competition (Markt intern Verlag and Beermann; Jacobowski and Hert... Read more
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
3.19 General Principles - Margin of appreciation
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Competition, Economic, Protection / Advertisement, Misleading / Burden of proof / Consumer protection

NED-2009-1-001 a) Netherlands b) Council of State c) Third Chamber (sole and last instance) d) 22.04.2009 e) 200809196/1 f) The Provicincial Executive of Noord-Holland and others v. the Crown
Provincial and municipal administrative orders to commence collection proceedings against the Icelandic bank Landsbanki should not have been annulled by the Crown on the basis of the reasons given for the reversal; the justification requirements set for this type of Royal Decree had not been met.
3.4 General Principles - Separation of powers
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
4.8.8.3 Institutions - government - Distribution of powers - Supervision
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
Decree, Royal

North Macedonia

MKD-2016-1-001 a) North Macedonia b) Constitutional Court c) d) 16.01.2016 e) U.br.19/2016 f) Sluzben vesnik na Republika Makedonija (Official Gazette), 58/2016, 28.03.2016
Under the Constitution, the President of the Republic is the only constitutional body authorised to grant pardons. Under the principle of separation of powers, this prerogative cannot be limited by law or transferred to any other State authority. Limiting the possibility for granting pardons for certain criminal offences violates the principle of separation of powers and the principle of equalit... Read more
3.4 General Principles - Separation of powers
3.21 General Principles - Equality
4.4.3.3 Institutions - Head of State - Powers - Relations with judicial bodies
Pardon, Power to grant, Restriction

Norway

NOR-1996-3-009 a) Norway b) Supreme Court c) Division d) 26.11.1996 e) lnr 72/1996 f)
Courts can examine whether an expulsion order is contrary to the Convention for the Protection of Human Rights and Fundamental Freedoms. The national authorities have a "margin of appreciation". Courts have to make a balanced evaluation between the reasons for expulsion and the right to respect for the applicant's private life and family life.
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
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
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
Expulsion of offender / Drug, Trafficking

NOR-1997-1-001 a) Norway b) Supreme Court c) Division d) 10.04.1997 e) lnr 24/1997 f)
Freedom of association as well as the right to strike have been recognised in Norway for a long time as a legal means of solving labour conflicts. Moreover, there has been a general acceptance that the right to strike is not unlimited, but can be restricted if the effects on society are considerable. This practice is not considered contrary to common legal principles of a constitutional character ... Read more
1.2.2.5 Constitutional Justice - Types of claim - Claim by a private body or individual - Trade unions
1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
2.1.1.4 Sources - Categories - Written rules - International instruments
2.1.2.2 Sources - Categories - Unwritten rules - General principles of law
2.2.1 Sources - Hierarchy - national sources
5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike
Arbitration, Compulsory / Obligation, International / Strike, Prohibition / Ordinance, Provisional / ILO, Convention no. 087 / ILO, Convention no. 098

NOR-1998-3-002 a) Norway b) Supreme Court c) d) 20.11.1998 e) lnr 77B/1998 f)
An expulsion order imposed on a foreign national convicted of serious crimes (drug offences) is not contrary to Article 8 ECHR.
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
3.20 General Principles - Reasonableness
4.6.2 Institutions - Executive bodies - Powers
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Expulsion of offender

NOR-2004-3-004 a) Norway b) Supreme Court c) d) 12.11.2004 e) 2004/686 f)
Legislation that prohibits political advertising on television does not represent a violation of Article 100 of the Constitution or Article 10 ECHR (see Section 3 of the Human Rights Act). It is essential that the prohibition’s purpose was to regulate political debate and not to prohibit freedom of political expression. Failing a common European opinion as to what the law regulating political adv... Read more
3.18 General Principles - General interest
3.19 General Principles - Margin of appreciation
4.5.2 Institutions - Legislative bodies - Powers
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
Advertising, Political, Television, Prohibition

Poland

POL-1997-1-006 a) Poland b) Constitutional Tribunal c) d) 25.02.1997 e) K 21/95 f)
The constitutional principles related to the system of social assistance must be construed in the light of the principle of a state ruled by law and the principle of social justice and upon consideration of the common need to create a healthy economy and a balanced State budget.
3.5 General Principles - Social State
3.9 General Principles - Rule of law
3.11 General Principles - Vested and/or acquired rights
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
Social justice

POL-2004-2-014 a) Poland b) Constitutional Tribunal c) d) 04.05.2004 e) K 8/03 f)
Tax burdens may not infringe the essence of the values protected by the Constitution. From the rule of law principle (Article 2 of the Constitution) follows the prohibition on adopting laws that would surprise citizens by virtue of their content or form. Citizens should have the sense of relative legal stability in order to be able to arrange their affairs confident in the fact that, whilst tak... Read more
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
3.19 General Principles - Margin of appreciation
4.10.7.1 Institutions - Public finances - Taxation - Principles
5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation
Family, Protection, Constitutional / Family, Financial situation / Taxation, Couple, Married / Spouse, Death / Principle, Fairness

POL-2019-1-002 a) Poland b) Constitutional Tribunal c) d) 17.07.2018 e) K 9/17 f)
The President’s act of granting amnesty in individual cases constitutes a procedural impediment to criminal proceedings, proceedings on misdemeanours, and criminal enforcement proceedings. For the President’s act to take effect, it is not necessary for a competent court to issue a legally effective ruling.
4.4.3.3 Institutions - Head of State - Powers - Relations with judicial bodies
Amnesty in individual cases / Power of pardon / President, Pardon

Portugal

POR-2010-1-001 a) Portugal b) Constitutional Court c) Third Chamber d) 13.01.2010 e) 19/10 f)
In order for proceedings to be fair, the right to a defence must be effectively upheld by ensuring that the guarantees of the adversarial principle and of equality of arms are respected. However, fairness does not necessarily require a right to active participation in proceedings, whereby the parties must debate all the possible legal ramifications of any solution before the judge adopts it, or th... Read more
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
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms
5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle
Hearing, Right, Scope / Hearing, Right, Obligation to cover all arguments

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

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

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

POR-2023-3-009 a) Portugal b) Constitutional Court c) Third Chamber d) 25.05.2023 e) 279/23 f)
The election of the President of the Federation following the resignation of the former president is an exceptional or atypical situation, not expressly foreseen in the party’s constitution. It falls within the discretion of the political party and is an internal matter of the party, within its sphere of organisational autonomy.
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
4.5.10 Institutions - Legislative bodies - Political parties
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
Political party, Presidential candidacy / Deference, Judicial deference

POR-2023-3-010 a) Portugal b) Constitutional Court c) First Chamber d) 26.05.2023 e) 318/23 f)
The Constitutional court is, in general, precluded from controlling the constitutionality of the interpretative process adopted by ordinary courts to determine the meaning and content of ordinary laws they may deem applicable to the disputes they have to decide; that interpretative process is itself the act of judging. To control that interpretative process is to control the judicial ‘decision’ an... Read more
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions
2.3.10 Sources - Techniques of review - Contextual interpretation
3.19 General Principles - Margin of appreciation
Constitutional court, Ordinary courts, Interpretative process / COVID-19, Pandemic / Deference, Judicial deference / Constitutional procedure, Object of request for review

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

Romania

ROM-1993-3-003 a) Romania b) Constitutional Court c) Plenary d) 15.12.1993 e) 71/1993 f) Constitutionality of home heating grants for the winter 1993-1994 and of the tax levied on private trips abroad

2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
3.20 General Principles - Reasonableness
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living
Social protection / Tax

ROM-1998-1-001 a) Romania b) Constitutional Court c) d) 10.03.1998 e) 45/1998 f) Objection alleging the unconstitutionality of the provisions of Article 504, paragraph 1, of the Code of Criminal Procedure
The principle of the State's liability vis-à-vis persons who have suffered as a result of a miscarriage of justice in criminal proceedings against them must be applied to all such persons. The phrase "in accordance with the law" does not signify that the legislature has the power to restrict the State's liability to certain miscarriages of justice, but refers to the laying down of the requirements... Read more
1.3 Constitutional Justice - Jurisdiction
1.1.4.2 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies
1.6 Constitutional Justice - Effects
2.2.2.1.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution - Hierarchy attributed to rights and freedoms
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
4.7.16 Institutions - Judicial bodies - Liability
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees
5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State
Miscarriage of justice / Damages / Liability, State, Pecuniary / Victim of a miscarriage of justice

Slovakia

SVK-2014-1-001 a) Slovakia b) Constitutional Court c) Plenum d) 19.06.2013 e) PL. ÚS 13/12 f) Nurses’ wages
A law that raises wages of nurses too much and too quickly may be contrary to the right to property of private health care providers.
2.1.3.3 Sources - Categories - law - law
5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.4.5 Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration
Nurse / Healthcare / Remuneration

SVK-2009-3-002 a) Slovakia b) Constitutional Court c) Plenum d) 04.12.2007 e) PL. ÚS 12/01 f)
Abortion on demand of a pregnant woman in the first 12 weeks of pregnancy is in conformity with the right to life (including the clause stating that human life is worthy of protection even before birth) as set in the Constitution. A regulation (e.g. Ordinance of the Ministry of Health) itself cannot state that abortion for genetic reasons is allowed up to 24 weeks of pregnancy because this issue ... Read more
2.3.3 Sources - Techniques of review - Intention of the author of the enactment under review
2.3.6 Sources - Techniques of review - Historical interpretation
3.16 General Principles - Proportionality
3.19 General Principles - Margin of appreciation
4.6.3.1 Institutions - Executive bodies - Application of laws - making powers
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Abortion-on-demand / Abortion for health reasons / Abortion, Sub-law / Child, Unborn, Protection / Woman, Pregnant, Right to privacy

SVK-2023-1-001 a) Slovakia b) Constitutional Court c) Plenum d) 13.12.2022 e) PL. ÚS 13/2022 f)
Not every violation of parliamentary debate rules renders the adopted law unconstitutional, but the unconstitutionality threshold may be crossed when parliamentary debate is so curtailed that MPs are precluded from consulting information crucial for evaluating long-term consequences of the proposed legislation.
1.3.4.9 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the formal validity of enactments
4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure
4.5.6 Institutions - Legislative bodies - making procedure
Deference / Legislative procedure, Urgent / Legislative process, Defect, Judicial review / Parliament, Debate, Curtailed / State economy, Long-term sustainability

SVK-2004-S-001 a) Slovakia b) Constitutional Court c) Plenum d) 17.05.2004 e) PL. ÚS 38/03 f)
The legislator enjoys a larger margin of appreciation when passing large-scale reforms. It is then constitutionally acceptable to impose small fees for services not central to healthcare provision yet closely linked to it, provided that they are reasonable, as the Constitution leaves the definition of what constitutes healthcare to the legislator.
Health care, Cost-free / Healthcare funding / Health, Reform / Health, Insurance, Reform / Health system, Financing / Health service, Fee

Slovenia

SLO-2003-M-001 a) Slovenia b) Constitutional Court c) d) 03.04.2003 e) U-I-246/02 f)
The principles of a State governed by the rule of law require special regulation of the position of citizens of other Republics for whom the measure of the forcible removal of a foreigner from the State was pronounced due to their unregulated legal position.
1.6.5.2 Constitutional Justice - Effects - Temporal effect - Retrospective effect (ex tunc)
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
5.2 Fundamental Rights - Equality
Residence, Permanent, Recognised retrospectively / Residence, Permanent, Need for criteria

SLO-2014-2-006 a) Slovenia b) Constitutional Court c) d) 09.06.2011 e) U-I-114/11 f)
Constitutional Court decisions are binding. All state authorities must respect and implement decisions adopted by the Constitutional Court, as the highest body of judicial power for the protection of constitutionality and legality as well as human rights and fundamental freedoms. As the National Assembly failed to respond to a Constitutional Court decision, the Court itself ensured to the petitio... Read more
3.4 General Principles - Separation of powers
3.9 General Principles - Rule of law
4.8.3 Institutions - government - Municipalities
5.2 Fundamental Rights - Equality
Constitutional court, Decision, Binding nature / Constitutional court, Decision, Disregard / Constitutional court, Decision, Manner of implementation

SLO-2014-2-005 a) Slovenia b) Constitutional Court c) d) 26.11.2010 e) U-I-137/10 f)
The right to local self-government is a constitutional right of the residents living in a certain territory who are connected by common needs and interests to govern their local affairs themselves. An integral part of this right is also the possibility to exercise this right in a municipality that they establish independently in accordance with statutory and constitutional conditions. The Nationa... Read more
3.10 General Principles - Certainty of the law
3.13 General Principles - Legality
3.22 General Principles - Prohibition of arbitrariness
4.8.3 Institutions - government - Municipalities
4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy
5.2 Fundamental Rights - Equality
Legislative omission / Legislature, Power, Discretionary / Local self-government, Citizen’s right / Local self-government, Implementation / Municipality, Establishment, Criteria

SLO-2019-3-004 a) Slovenia b) Constitutional Court c) d) 25.04.2018 e) U-I-140/14 f)
The statutory requirement that animals must be stunned prior to slaughter limits the right to freedom of religion guaranteed by Article 41.1 of the Constitution. However, as the limitation is a proportionate measure for the protection of animals from torture as mandated by Article 72.4 of the Constitution and it entails a necessary statutory measure for the protection of morals in accordance with ... Read more
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature
3.16 General Principles - Proportionality
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
Animal protection / Animal, Cruel treatment, Prohibition / Animal, Cruelty, Prevention / Animal, Ritual slaughter / Freedom of conscience / Freedom of religion

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

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

SLO-2023-3-006 a) Slovenia b) Constitutional Court c) d) 18.05.2023 e) U-I-191/19 f)
The fact that in primary schools in areas where members of the autochthonous Hungarian national community reside only bilingual instruction is provided and children who are members of the majority nation are not able to receive instruction exclusively in the Slovene language, does not entail a violation of the right to schooling and education and is not contrary to the principle of equality before... Read more
3.20 General Principles - Reasonableness
5.2 Fundamental Rights - Equality
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
Education in minority language, Right / Education, Duty of the state / Education, Primary school, Bilingual / Minority, Education

South Africa

RSA-2004-1-004 a) South Africa b) Constitutional Court c) d) 12.03.2004 e) CCT 27/03 f) Bato Star Fishing (Pty) Ltd v. The Minister of Environmental Affairs and Tourism and Others
The courts' power to review administrative action no longer flows directly from the common law but from Section 33 of the Constitution, which provides that "everyone has the right to administrative action that is lawful, reasonable and procedurally fair", and the Promotion of Administrative Justice Act 3 of 2000. The courts should be cautious in reviewing the decisions of administrative agencies t... Read more
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
3.4 General Principles - Separation of powers
3.20 General Principles - Reasonableness
4.6.6 Institutions - Executive bodies - Relations with judicial bodies
5.2.3 Fundamental Rights - Equality - Affirmative action
Measure, Administrative, Judicial review, Legal basis / Government authority, Power, Discretionary / Fishing, Industry, Equality / Fishing, Quota, Allocation / Transparency, Decision-making process

RSA-2007-3-010 a) South Africa b) Constitutional Court c) d) 25.09.2007 e) CCT 59/06; [2007] ZACC 17 f) Michael Hermann Armbruster and Another v. The Minister of Finance and Others
A broad discretion for the seizure and forfeiture of foreign currency is to be permitted where the relevant factors are so numerous and varied that it is inappropriate or impossible for the legislature to identify them in advance; where the relevant factors are indisputably clear; and where the decision-maker is possessed of expertise relevant to the decision to be made.
3.22 General Principles - Prohibition of arbitrariness
5.1.4.3 Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
Authority, Administrative, Discretionary power / Currency, Exchange control, Confiscation / Customs, Property, Confiscation / Forfeiture / Seizure, Property, Hardship, Mitigation

RSA-2009-3-016 a) South Africa b) Constitutional Court c) d) 08.10.2009 e) CCT 39/09; [2009] ZACC 28 f) Lindiwe Mazibuko and Others v. City of Johannesburg and Others
Rights will be enforced by courts in at least the following ways: 1. the courts will require the State to take steps where it has taken none; 2. where the government's adopted measures are unreasonable the courts will require steps to be reasonable (a measure will be clearly unreasonable if it makes no provision for those most desperately in need); 3. the courts will order unreasonable li... Read more
1.1.4.3 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Executive bodies
1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms
1.6.7 Constitutional Justice - Effects - Influence on State organs
3.3 General Principles - Democracy
3.4 General Principles - Separation of powers
3.20 General Principles - Reasonableness
4.14 Institutions - Activities and duties assigned to the State by the Constitution
5.4 Fundamental Rights - Economic, social and cultural rights
5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living
Constitutional complaint, Limits of review / Constitutional complaint, Subsidiarity / Constitutionality, Variation over time / Cost, Award / Court, Verification of the constitutionality of laws / Executive, Powers to initiate legislation / Fundamental right, Core / Fundamental right, Implementation / Policy decision, Reviewability / Procedural unconstitutionality, Allegations / Subsidiarity, Principle / Water, Supply / Policy, Definition, Procedure / Democracy, Participatory

RSA-2011-2-015 a) South Africa b) Constitutional Court c) d) 23.08.2011 e) CCT 40/08; [2011] ZACC 27 f) Moutse Demarcation Forum and Others v. President of the Republic of South Africa and Others
Legislation altering municipality boundaries will not be set aside where it is rationally connected to a legitimate government purpose and where public consultation has taken place. Public consultation may take whatever form the legislature chooses, and will be reasonable as long as interested parties are given adequate opportunity to prepare and to participate meaningfully in a manner that may in... Read more
4.8.3 Institutions - government - Municipalities
4.8.5 Institutions - government - Definition of geographical boundaries
5.3.29 Fundamental Rights - Civil and political rights - Right to participate in public affairs
Administrative procedure, Fairness / Law, Public consultation, Mandatory / Legislative process, Right to public consultation / Municipality, Boundary, Change / Procedural unconstitutionality

RSA-2004-2-007 a) South Africa b) Constitutional Court c) d) 04.08.2004 e) CCT 23/04 f) Samuel Kaunda and Others v. The President of the Republic of South Africa and Others
All citizens are entitled in terms of Section 3.2 of the Constitution to the rights, privileges and benefits of citizenship. This amounts to an entitlement to request the government for protection against wrongful acts of a foreign state. The government has a corresponding obligation to consider the request and deal with it consistently with the Constitution.
1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts
3.4 General Principles - Separation of powers
3.19 General Principles - Margin of appreciation
4.16 Institutions - International relations
5.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
Policy, Foreign, Government, Discretionary power / Constitution, Direct application, Extraterritorially / Diplomatic protection, Right / Jurisdiction, Territorial / Territoriality, Diplomatic protection

RSA-2015-2-010 a) South Africa b) Constitutional Court c) d) 26.06.2015 e) CCT 198/14 f) Trencon Construction (Pty) Limited v. Industrial Development Corporation of South Africa Limited and Another
The case concerned the circumstances in which courts can set aside the decision of an administrator and substitute it with its own decision. Courts appreciate that administrative agencies are better suited to make decisions within their area of competence. This is because the courts are not in the best position to appreciate the poly-centric, sensitive, practical and financial considerations that ... Read more
3.4 General Principles - Separation of powers
4.6.2 Institutions - Executive bodies - Powers
4.6.6 Institutions - Executive bodies - Relations with judicial bodies
4.7.1 Institutions - Judicial bodies - Jurisdiction
Administrative decision, Substitution by judicial decision, Criteria / Administrative act, Judicial review

Spain

ESP-1998-3-017 a) Spain b) Constitutional Court c) Plenary d) 01.10.1998 e) 195/1998 f)
Under Article 39.1 of the Organic Law on the Constitutional Court, any judgment given in the framework of proceedings challenging constitutionality which declares the provisions at issue unconstitutional renders those provisions null and void. Nonetheless, the Constitutional Court considers that, under certain circumstances, with a view to limiting as far as possible any harmful effects that may b... Read more
4.8.3 Institutions - government - Municipalities
4.8.4.1 Institutions - government - Basic principles - Autonomy
5.5.1 Fundamental Rights - Collective rights - Right to the environment
1.6.5.5 Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect
4.8.8 Institutions - government - Distribution of powers
Nature reserve, Protection, Power / Environment, Protection, Powers, Distribution / Vacatio legis, Redress

ESP-1996-2-019 a) Spain b) Constitutional Court c) Plenary d) 12.06.1996 e) 107/1996 f)
The Constitution expressly recognises the legitimacy of what is termed the corporative administration, namely non-territorial corporations, sectoral corporations or public-sector associations, or what are generally regarded as a variety of social groupings established by law in the light of various social interests - essentially work-related - often enjoying public law status and to which affiliat... Read more
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
Membership, Compulsory / Chamber, Commerce, Industry and shipping

Switzerland

SUI-1985-S-001 a) Switzerland b) Federal Court c) First Public Law Chamber d) 27.03.1985 e) P.644/1983 f) Hôtel Astoria SA and La Réserve Immobilière SA v. Grand Council of the Canton of Geneva
Restrictions on the demolition, the conversion or the change in use of hotels; Articles 22ter and 31.1 of the Federal Constitution (guarantee of ownership and commercial and industrial freedom). Examination of the constitutionality of rules imposing restrictions on property rights and assessment of the discretion of the authorities responsible for enforcing these rules (recital 3). The prohi... Read more
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
3.18 General Principles - General interest
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
Hotel, Restriction on demolition / Hotel, Conversion, Restriction / Hotel, Change of use, Restriction / Policy, Economic, Measure / Social policy, Measure / Housing, Shortage, Struggle

SUI-1993-C-001 a) Switzerland b) Federal Court c) First Public Law Chamber d) 30.06.1993 e) 1P.667/1992 f) D and others v. Grand Council of the Canton of Valais
Admissibility of a public-law appeal against an order of general application. Federal Court's right of examination in a so-called abstract review of legislation.
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review
1.4.4 Constitutional Justice - Procedure - Exhaustion of remedies
1.4.7.1 Constitutional Justice - Procedure - Documents lodged by the parties - limits
1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi
1.4.9.2 Constitutional Justice - Procedure - Parties - Interest
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
Land, Use, Plan, Legal protection

SUI-2005-M-001 a) Switzerland b) Federal Court c) Second Public Law Chamber d) 06.07.2005 e) 2A.105/2005 f) X. SA v. Federal Gaming Houses Control Board and Federal Tax Appeals Board
Interpretation of the taxation laws, particularly when a deficiency is present.
1.3.1.1 Constitutional Justice - Jurisdiction - Scope of review - Extension
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
1.3.5.15 Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
2.3.6 Sources - Techniques of review - Historical interpretation
2.3.7 Sources - Techniques of review - Literal interpretation
2.3.8 Sources - Techniques of review - Systematic interpretation
2.3.9 Sources - Techniques of review - Teleological interpretation
Law, Deficiency / Taxation law, Interpretation

SUI-2010-2-003 a) Switzerland b) Federal Court c) Second Social Law Chamber d) 19.03.2010 e) 9C99/2009 f) Universa sickness fund v. B.
Article 8.1 and 8.2 of the Federal Constitution (equality); Sections 33 and 34 of the Federal Law on sickness insurance. Conditions governing the provision of the benefit by the compulsory health care insurance. The maximum age of 60 years laid down for surgical treatment for overweight is based on a proper medical ground and does not breach the principle of equality or the prohibition of all d... Read more
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age
Sickness insurance, Benefit / Medical treatment

SUI-2014-3-006 a) Switzerland b) Federal Court c) Second Social Law Chamber d) 15.09.2014 e) 9C810/2013 f) A. v. Bern Canton Compensation Fund
Article 16b of the Federal Act on loss of earnings allowances (LAPG); Article 8 of the Federal Constitution (equal treatment); Article 8 and Article 14 ECHR; paternity allowance. According to the clear legal text and the legislator’s explicit intent, fathers cannot infer an entitlement to loss of earnings compensation from Article 16b LAPG. Article 16b LAPG does not embody the concept of parenta... Read more
2.3.9 Sources - Techniques of review - Teleological interpretation
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Leave, Parental / Father / Allowance, Parental / Allowance in respect of parental leave / Allowance, Welfare, State / Gender equality, Insurance

SUI-2016-3-005 a) Switzerland b) Federal Court c) Second Court of Public Law d) 13.09.2015 e) 2C66/2015 f) Foundation Salvation Army Switzerland and Salvation Army Social Work Trust v. The Grand Council and the State Council of the Republic and Canton of Neuchâtel
Articles 8.1, 10.2, 13.1, 15 and 36 of the Federal Constitution; Articles 8 and 9 ECHR; Article 35a of the Neuchâtel cantonal health law. Legal obligation for recognised charitable institutions to permit assisted suicide on their premises; a conflict between the freedom to choose how and when to die and the freedom of religion and conscience; the principle of equality. Overview of the legal frame... Read more
3.13 General Principles - Legality
3.16 General Principles - Proportionality
3.18 General Principles - General interest
5.2 Fundamental Rights - Equality
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Medical assistance / Healthcare facility, Access / Charitable institutions, Subsidies / Charitable institutions, Obligations / Balancing of interests / Patient, Right to self-determination / Patient, Best interest / Suicide, Assisted / Suicide, Right

Türkiye

TUR-2005-2-005 a) Türkiye b) Constitutional Court c) d) 31.03.2004 e) E.2002/94, K.2004/45 f)
Because of the special characteristics of publication activities, the legislature has introduced different rules on general criminal liability for the responsible editors in chief of periodicals as opposed to those valid for journalists who are authors of articles, news or caricatures. This falls within the discretionary power of the legislature. Moreover, there is no doubt that the perpetrators o... Read more
3.9 General Principles - Rule of law
3.19 General Principles - Margin of appreciation
4.5.2 Institutions - Legislative bodies - Powers
5.2 Fundamental Rights - Equality
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
Media, Editor, Criminal responsibility, Effect / Media, Journalist, Criminal responsibility, Regime

TUR-2012-2-001 a) Türkiye b) Constitutional Court c) d) 29.12.2011 e) E.2010/104, K.2011/180 f)
The permanent withdrawal of the driving licences of those who have been caught driving under the influence of drug or narcotics as an additional sanction constitutes a disproportionate interference with the freedom of movement and runs counter to the principle of the rule of law.
3.9 General Principles - Rule of law
3.16 General Principles - Proportionality
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
4.5.2 Institutions - Legislative bodies - Powers
Criminal courts, Sentence, Margin of appreciation / Criminal justice system, Functioning / Criminal justice, Effectiveness / Deference, Judicial / Deferential standard of review / Legislative discretion, Limit / Legislative policy-making power / Legislative power, Limitation / Legislative power, Restriction / Legislator, Discretion / Legislator, Discretionary power / Legislature, Discretion / Legislature, Discretionary power / Legislature, Power, Discretionary / Driving licence, Withdrawal / Drug, Narcotic

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

Ukraine

UKR-1998-1-003 a) Ukraine b) Constitutional Court c) d) 26.02.1998 e) 1-rp/1998 f)
Ukraine's election law was found to be unconstitutional, primarily because the law violates principles of equality in voting rights. Therefore, it is unconstitutional to preclude prisoners from voting, to preclude dissatisfied candidates from judicial challenges of certain election disputes, and to require candidates to resign from government employment while they are campaigning. Ukraine has a du... Read more
4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.3.41 Fundamental Rights - Civil and political rights - Electoral rights
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
4.5.3.1 Institutions - Legislative bodies - Composition - Election of members
4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies
4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system
4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility
Election, Direct representation / Election, Status of candidate / Election, Candidate, Immunity

UKR-2003-1-006 a) Ukraine b) Constitutional Court c) d) 11.03.2003 e) 6-rp/2003 f) Compliance with the Constitution of Ukraine of exercising by the President of Ukraine of his right to veto enacted by the Verkhovna Rada of Ukraine Law of Ukraine "On making amendments to Article 98 of the Constitution of Ukraine" and suggestions thereto (case on the right to veto the Law on making amendments to the Constitution of Ukraine)
The Constitution contains no reservations as to the impossibility of the President of Ukraine to exercise his right to veto any Law enacted by the Parliament (Verkhovna Rada), including the Laws amending the Constitution. The Constitution specifies no grounds or reasons on the basis of which the President of Ukraine may send back Laws to the Parliament for reconsideration, or requirements ... Read more
1.1.4.1 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Head of State
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
4.4.3.1 Institutions - Head of State - Powers - Relations with legislative bodies
4.5.6 Institutions - Legislative bodies - making procedure
Veto, Presidential / Constitutional court, Jurisdiction, Limit

United Kingdom

GBR-2021-3-003 a) United Kingdom b) Supreme Court c) d) 15.12.2021 e) f) In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (nos. 1, 2 and 3); In the matter of an application by Francis McGuigan; for Judicial Review (Northern Ireland) (nos. 1, 2 and 3); In the matter of an application by Mary McKenna for Judicial Review (Northern Ireland) (nos. 1 and 2)
The coming to light of new evidence may revive the investigative obligation under Article 2 ECHR if it adds significantly to the state of knowledge at the relevant date or alters its substance. If new evidence comes to light regarding a death which occurred before the United Kingdom entered into the European Convention on Human Rights or in relation to a claim by an individual, when the United Ki... Read more
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.1 Sources - Categories - law - law
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.2.1.5 Sources - Hierarchy - national sources - constitutional domestic legal instruments
4.11.2 Institutions - Armed forces, police forces and secret services - Police forces
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
Investigation, Effective / Investigation, Independence / Investigation, Obligation / Investigation, Time-limit

GBR-2001-1-003 a) United Kingdom b) Supreme Court c) d) 05.12.2000 e) f) Brown v. Stott
A provision requiring a person keeping a motor vehicle to give the police the identity of the person driving it when a suspected road traffic offence was committed is not incompatible with Article 6 ECHR, the right to a fair trial. Whilst it may, prima facie, infringe a person’s privilege against self-incrimination, such privilege is not absolute and the infringement was both necessary and ... Read more
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
3.19 General Principles - Margin of appreciation
4.8.8.3 Institutions - government - Distribution of powers - Supervision
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.23.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself
Devolution / Ex facto oritur jus / Right, Implied / Road safety, Offence / Road traffic, Offence

GBR-2001-1-005 a) United Kingdom b) Supreme Court c) d) 09.05.2001 e) [2001] UKHL 23 f) R. v. Secretary of State for the Environment, Transport and the Regions, ex parte Alconbury and others
Even though the Secretary of State is not an independent and impartial tribunal, it is not incompatible with Article 6.1 ECHR for him to determine certain administrative matters that involved individual rights, so long as his decisions are open to judicial review to ensure they are taken rationally, in accordance with a fair procedure and within the powers conferred by parliament.
3.3 General Principles - Democracy
3.9 General Principles - Rule of law
3.13 General Principles - Legality
3.18 General Principles - General interest
4.6.2 Institutions - Executive bodies - Powers
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
Land-use plan

GBR-2005-3-001 a) United Kingdom b) Supreme Court c) d) 16.12.2004 e) f) A. v. Secretary of State for the Home Department
It was unlawful for the Secretary of State, under national terrorist legislation, to discriminate between nationals and non-nationals in determining which suspected terrorists should be detained without charge. Further, national legislation, promulgated after a derogation from the European Convention on Human Rights, was nonetheless found to be disproportionate in the way in which it infringed Art... Read more
3.19 General Principles - Margin of appreciation
4.7.12 Institutions - Judicial bodies - Special courts
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.1.5 Fundamental Rights - General questions - Emergency situations
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
Detention, Without trial / European Court of Human Rights, Derogation / State, Duty to protect / Terrorism, Fight

GBR-2008-1-001 a) United Kingdom b) Supreme Court c) d) 12.03.2008 e) [2008] UKHL 15, [2008] 2 W.L.R. 781 f) Regina (Animal Defenders International) v. Secretary of State for Culture, Media and Sport
The imposition of a ban on television advertising on a non-profit-making company whose aims were: to lawfully suppress animal cruelty; alleviate animal suffering; and conserve and protect their environment under Sections 319 and 321 of the Communications Act 2003 (the 2003 Act) did not amount to an infringement of Article 10 ECHR. The ban was justified as it was necessary within a democratic socie... Read more
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
3.3 General Principles - Democracy
3.19 General Principles - Margin of appreciation
4.5.2 Institutions - Legislative bodies - Powers
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
Media, Advertising, Political, Prohibition / Animal rights / Pressing social need, Advertising, Prohibition

United States of America

USA-2006-1-002 a) United States of America b) Supreme Court c) d) 06.03.2006 e) 04-1152 f) Rumsfeld v. Forum for Academic and Institutional Rights
Under the unconstitutional conditions doctrine, government may not deny a benefit to a person on a basis that impermissibly implicates his or her freedom of speech, even if he or she lacks a legal entitlement to that benefit. A condition imposed on government funding is not unconstitutional if it advances a legislative mandate that could constitutionally be imposed directly. Judicial deferen... Read more
1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts
3.18 General Principles - General interest
4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
3.17 General Principles - Weighing of interests
Conduct, Expressive / Judicial restraint, Army / Army, Homosexual, Discrimination / Homosexuality, Open, Army, Discrimination

USA-2005-2-005 a) United States of America b) Supreme Court c) d) 23.06.2005 e) 04-108 f) Kelo v. City of New London, Connecticut
A governmental taking of private property may not be employed simply to confer a private benefit on a particular private party. Under the "public purpose" interpretation of the "public use" requirement for a valid taking of private property, the public authority is not required to demonstrate that the condemned land will be open for use by the general public. In assessing the constitutional ... Read more
3.18 General Principles - General interest
5.3.39.1 Fundamental Rights - Civil and political rights - Right to property - Expropriation
Property, Taking / Public purpose / Public interest, Interpretation

USA-2010-2-001 a) United States of America b) Supreme Court c) d) 21.01.2010 e) 08-205 f) Citizens United v. Federal Elections Commission
The expenditure of funds for political campaign communications is speech protected by constitutional freedom of speech guarantees. Constitutional freedom of speech protection extends to corporations: like individual natural persons, corporations contribute to the discussion, debate, and dissemination of information and ideas that constitutional freedom of speech guarantees seek to foster, and t... Read more
1.6.3.1 Constitutional Justice - Effects - Effect erga omnes - Stare decisis
4.9.8.2 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign expenses
5.1.1.5 Fundamental Rights - General questions - Entitlement to rights - Legal persons
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
3.18 General Principles - General interest
3.17 General Principles - Weighing of interests
Election, Campaign, Financing, By legal person, Prohibition / Precedent, Judicial, Digression, Criteria / Stare decisis, Application, Criteria / Stare decisis, Nature / Freedom of expression, Legal person

USA-2022-1-003 a) United States of America b) Supreme Court c) d) 21.04.2022 e) 20-303 f) United States v. Vaello Madero
Congress may distinguish U.S. Territories from the States in tax and benefits programs, consistent with equal protection, so long as Congress has a rational basis for doing so.
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Territory / Clause, Territory / Benefit, Governmental / Equal protection

USA-2021-1-006 a) United States of America b) Supreme Court c) d) 26.06.2018 e) 17-965 f) Trump v. Hawaii
The President of the United States is granted broad discretion in immigration matters. As such, he may suspend the entry of aliens into the United States for security reasons. Foreign nationals seeking admission to the United States have no constitutional right to entry. The admission and exclusion of foreign nationals is a fundamental sovereign attribute exercised by the Government’s political ... Read more
1.3.5.10 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
Immigration, Regulation, Discretion / Entry, Prohibition, Discretion / National security, Protection / Executive order, Discretion / Foreigner, Entry, Admission, Discretion

USA-2021-1-015 a) United States of America b) Supreme Court c) d) 27.06.2019 e) 18-422 f) Rucho v. Common Cause
Partisan gerrymandering claims present political questions which are nonjusticiable by federal courts. Issues of partisan gerrymandering must be dealt with by the legislative branch instead. Districting for some level of partisan advantage is not unconstitutional in the United States of America, but there is a point at which gerrymandering has "gone too far." Extreme cases of partisan gerrymand... Read more
1.3.5.14 Constitutional Justice - Jurisdiction - The subject of review - Government acts
4.9.1 Institutions - Elections and instruments of direct democracy - Competent body for the organisation and control of voting
4.9.13 Institutions - Elections and instruments of direct democracy - Judicial control
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
Gerrymandering, Partisan, Justiciability / Election, Gerrymandering / Election, Administration / Election, Constituency, Boundaries, Voters, Number / Election, Constitutional requirement / Election, Equality of votes / Election, Equal representation / Gerrymanding, Racial / Gerrymandering, Population inequality between districts