e-Bulletin 2018-2
on Constitutional Case-Law

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

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

Si vous souhaitez recevoir le bulletin électronique, veuillez vous abonner à la page https://www.venice.coe.int/files/bulletin/eBulletin-subscription.html.

The Venice Commission is grateful to the liaison officers of constitutional and equivalent courts, who regularly prepare the contributions, reproduced in the Bulletin with links to our database CODICES. As such, the summaries of decisions and opinions in the Bulletin do not constitute an official record of court decisions and should not be considered as offering or purporting to offer an authoritative interpretation of the law.

The Venice Commission would like to thank the International Organisation of the Francophonie for their support in ensuring that contributions from its member, associate and observer states can be translated into French.

T. Gerwien
Legal Officer, Division on Constitutional Justice
European Commission for Democracy through Law (“Venice Commission”)

e-Bulletin 2018-2

A. List of précis by country

B. Systematic Thesaurus

C. Alphabetical Index

A. List of précis by country

Argentina	Austria	Azerbaijan	Belgium
Bosnia and Herzegovina	Brazil	Canada	Costa Rica
Council of Europe	Czech Republic	European Union	Finland
France	Germany	Hungary	Ireland
Israel	Italy	Kazakhstan	Kyrgyzstan
Latvia	Liechtenstein	Lithuania	Moldova, Republic of
Montenegro	The Netherlands	Portugal	Romania
Serbia	Slovenia	South Africa	Sweden
Switzerland	"The former Yugoslav Republic of Macedonia"	Turkey	Ukraine

ARGENTINA

ARG-2018-2-002 a) Argentina / b) Supreme Court / c) / d) 27.11.2018 / e) CSJ 4387/2015/CS1 / f) S., M. A. v. Article 19 de la C.I.D.N /
Consideration of the interest of the child must guide and determine any decision by courts of all jurisdictions called to adjudicate upon matters concerning them. Children are entitled to special protection. The defence of their rights must therefore prevail as the primary consideration in any judicial matter, so that in any conflict of interests of equal weight the moral and material interests... Read more
2.1.1.4.15 Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.
5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child.
Child, adoption.

AUSTRIA

AUT-2018-2-003 a) Austria / b) Constitutional Court / c) / d) 15.06.2018 / e) G 277/2018 / f) /
The fundamental right to respect for private life also protects gender identity, regardless of whether an individual is male or female or intersexual. If the gender of an individual is part of the general civil status data to be entered into the register of births, the relevant provisions must allow for a gender entry reflecting the specific gender identity of individuals with a variation of... Read more
5.1.3 Fundamental Rights - General questions - Positive obligation of the state.
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
Discrimination, gender / Gender, identity / Gender, difference, biological / Sexual identity, self-determined, recognition.

AZERBAIJAN

AZE-2018-2-003 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 25.07.2017 / e) / f) Verification of compliance of the Decision of the Civil Board of the Supreme Court with the Constitution and laws of the Republic of Azerbaijan regarding the complaint of Davud Bagirov /
Decisions and judgments handed down by the courts of a foreign state may sometimes enjoy equal validity on the territory of another State. Where proceedings take place in a foreign country and implementation of the decision arising from them is envisaged in the Republic of Azerbaijan, such proceedings must be conducted in accordance with the fundamental principles of the Constitution on fair... Read more
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.33 Fundamental Rights - Civil and political rights - Right to family life.
Family law, child custody, judgment, execution.

AZE-2018-2-004 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 05.06.2018 / e) / f) Inquiry of the Cabinet of Ministers of the Republic of Azerbaijan /
The case concerns the eligibility of civil servants working in certain branches of the Civil Service to a pension when they have retired on a voluntary basis, having reached statutory retirement age.
4.6.9 Institutions - Executive bodies - The civil service.
5.2.1.2.2 Fundamental Rights - Equality - Scope of application - Employment - In public law.
5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Pension, eligibility, Civil Service, branches.

BELGIUM

BEL-2018-2-004 a) Belgium / b) Constitutional Court / c) / d) 31.05.2018 / e) 61/2018 / f) /
The law whereby the rights of any entity which seeks to obtain an unlawful advantage by purchasing government debt shall be limited to the price paid to acquire that debt does not infringe the right to property.
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Sovereign debt, vulture funds / Creditor, rights / Debt, recovery.

BEL-2018-2-005 a) Belgium / b) Constitutional Court / c) / d) 07.06.2018 / e) 66/2018 / f) /
The mere fact that the authorities impose restrictions on the right to property in the general interest does not mean that they are obliged to pay compensation. Compensation is due only when and in so far as the effects of an easement in the public interest exceed the burden that may be imposed on a private individual in the general interest. Compensation awarded for losses resulting from spatial... Read more
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights.
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations.
Spatial planning, urban development plan / Development plan, amendments / Development plan, compensation / Land, decline in value, calculation method / Right to property, restriction / Property, value, decline.

BEL-2018-2-006 a) Belgium / b) Constitutional Court / c) / d) 21.06.2018 / e) 77/2018 / f) /
The obligation to pay fixed-sum contributions to a lawyer constitutes a significant decline in the protection of the right to legal aid guaranteed by Article 23 of the Constitution, which is not justified by general interest considerations and is therefore contrary to the standstill obligation contained in this provision. Since this concerns support for persons who do not have sufficient means to... Read more
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution.
3.11 General Principles - Vested and/or acquired rights.
5.3.13.27.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel - Right to paid legal assistance.
Legal aid, free / Legal aid, fixed-sum contribution / Legal assistance, right, standstill obligation.

BEL-2018-2-007 a) Belgium / b) Constitutional Court / c) / d) 05.07.2018 / e) 91/2018 / f) /
The right to personal freedom requires that there should always be a sanction if investigating judges fail to sign an arrest warrant they have issued. No one can be deprived of their freedom under an arrest warrant issued by an investigating judge if this document gives no reasons for the deprivation of liberty.
5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.13.3.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - Habeas corpus.
5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Arrest warrant, irregularity, reasoning, signature.

BOSNIA AND HERZEGOVINA

BIH-2018-2-002 a) Bosnia and Herzegovina / b) Constitutional Court / c) Chamber / d) 23.04.2018 / e) AP 1498/18 / f) /
Article 7 ECHR was breached when a request, under the Criminal Code, to substitute a sentence of imprisonment with a fine was dismissed. The breach arose because the dismissal was to the appellant’s detriment and affected the ‘sanction’ itself but the sanction’s execution.
5.3.16 Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law.
Fine / Prison, sentence, execution.

BRAZIL

BRA-2018-2-004 a) Brazil / b) Federal Supreme Court / c) First Panel / d) 09.08.2016 / e) Habeas Corpus (HC 124306) / f) Voluntary termination of pregnancy in the first trimester /
According to the Constitution, the voluntary interruption of pregnancy in the first trimester does not fall within the scope of the criminal type of abortion should be interpreted.
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2 Fundamental Rights - Civil and political rights - Right to life.
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
Abortion, decriminalisation / Abortion, difficult economic or social situation / Abortion, legal time limit / Abortion, comparative law / Detention, preventive / Health, public, care system / Human life, prenatal stage / Personal autonomy, exercise / Personal integrity, treatment, essence / Personal privacy, right / Pregnancy, effect on poor women.

BRA-2018-2-005 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 01.02.2017 / e) Extraordinary Appeal 650898 (RE 650898) / f) Constitutional control of municipal laws and the compatibility of a subsidy regime with labour payments /
Courts of Appeal may exercise abstract control of the constitutionality of municipal laws using as a parameter Federal Constitutional norms as those norms are of mandatory application at the State level. The regime of subsidies for political agents allows payment of a thirteenth salary (a Christmas bonus) and of vacation pay increased by one-third.
1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
2.2.2.2 Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
4.8.3 Institutions - Federalism, regionalism and local self-government - Municipalities.
5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Constitution, federal and regional / Court, jurisdiction, constitutional issue / Supreme Court, Constitution, guardian / Supreme Court, power to interpret Constitution, exclusive / Law, unconstitutionality, declaration, competence / Mayor, remuneration.

BRA-2018-2-006 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 20.04.2017 / e) Extraordinary Appeal 587970 (RE 587970) / f) Continuous Cash Benefit to foreigners – BPC (in the Portuguese acronym) /
Social assistance shall be provided to those who need it irrespective of the nationality. This is required by the principle of equality and the need to secure equal treatment between Brazilians and foreigners living in Brazil.
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security.
Social assistance, discrimination, foreigner / Disabled person, benefit, right, foreigner / Social security, benefit, equality, foreigner / Foreigner, disabled, allowance, right.

BRA-2018-2-007 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 25.05.2017 / e) Extraordinary Appeal with Interlocutory Motion 766.618 (ARE 766618) and Extraordinary Appeal 636.331 (RE 636331) / f) Antinomy between the Consumer Protection Code and the Warsaw Convention: international air transport /
In accordance with Article 178 of the Federal Constitution, international rules and treaties limiting the liability of air carriers of passengers, especially the Warsaw and Montreal Conventions, prevail over the Consumer Protection Code. The limitation period for filing a civil liability claim for international flight delays is two years from the date of arrival, or the day on which the aircraft... Read more
2.1.1.4 Sources - Categories - Written rules - International instruments.
2.2.1.2 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.
2.3 Sources - Techniques of review.
5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection.
Compensation for damage, limitation / Consumer protection, international treaty, conflict / Rule, conflict of laws / Transport, international, civil liability / Transport, passenger, private / Treaty, international, law, conflict / Victim, damage, fair compensation / Warsaw Convention of 1929.

BRA-2018-2-008 a) Brazil / b) Federal Supreme Court / c) Full Court / d) 27.09.2017 / e) Direct Action of Unconstitutionality 4439 (ADI 4439) / f) Religious education in public schools /
Confessional and optional religious education in Brazilian public schools is constitutional.
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature.
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship.
Secularism, education, public / Education, religion, option / Religion, church, state, separation / Religion, education, publicly funded school / Religion, education, state neutrality / Religion, secularism, principle / Religion, separation of church and State / Religion, State, neutrality.

CANADA

CAN-2018-2-001 a) Canada / b) Supreme Court / c) / d) 10.05.2018 / e) 37002 / f) Centrale des syndicats du Québec v. Quebec (Attorney General) /
A legislative scheme which delays access to pay equity without retroactive payment to employees occupying positions in predominantly female job classes in workplaces without predominantly male job class comparators, as opposed to employees in workplaces with predominantly male job class comparators, infringes the equality guarantee in Section 15 of the Charter of Rights and Freedoms but it is... Read more
5.1.3 Fundamental Rights - General questions - Positive obligation of the state.
5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment.
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender.
Charter of rights and freedoms, right to equality / Discrimination, gender / Pay equity, predominantly female job classes.

CAN-2018-2-002 a) Canada / b) Supreme Court / c) / d) 10.05.2018 / e) 37347 / f) Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux /
Amendments to a provincial legislative scheme addressing systemic wage discrimination A suffered essentially by women by replacing the continuous obligation to maintain pay equity with the obligation to conduct audits every five years without retroactive adjustment to the date of emergence of pay inequity violate the equality guarantee in Section 15 of the Charter of Rights and Freedoms.
5.1.3 Fundamental Rights - General questions - Positive obligation of the state.
5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment.
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender.
Charter of rights and freedoms, right to equality / Discrimination, gender / Pay equity, assessment process.

CAN-2018-2-003 a) Canada / b) Supreme Court / c) / d) 13.06.2018 / e) 37233 / f) Ewert v. Canada /
Under Section 7 of the Charter of Rights and Freedoms, "[e]veryone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice". In addition, under Section 15 of the Charter, everyone has the right to equality. Reliance by the Correctional Service of Canada (hereinafter, "CSC") on the results... Read more
5.2.2.2 Fundamental Rights - Equality - Criteria of distinction - Race.
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
Charter of Rights and Freedoms, principles of fundamental justice / Prisons, indigenous offenders, accuracy of information about offenders.

COSTA RICA

CRC-2018-2-002 a) Costa Rica / b) Supreme Court of Justice / c) Constitutional Chamber / d) 24.07.2018 / e) 12095/18 / f) /
The principle of equality and the prohibition against discrimination, found in Articles 1 and 33 of the Constitution, protect the dignity of all persons in multiple circumstances. These principles are also established in Articles 1 and 2 of the Universal Declaration of Human Rights, Article 24 of the American Convention, Article II of the Bogota Declaration, International Covenant on Economic,... Read more
5.2.2.2 Fundamental Rights - Equality - Criteria of distinction - Race.
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child.
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.
Discrimination, forms / Institutional racism, indirect / Evidentiary rule / Child, superior interest / School grades / Obligation, state, review and correct.

COUNCIL OF EUROPE

ECH-2018-2-008 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 04.04.2018 / e) 56402/12 / f) Correia de Matos v. Portugal [GC] /
Lawyer not permitted to conduct his own defence in criminal proceedings. Bearing in mind the considerable freedom in the choice of means which the Court’s well-established case-law conferred on States to ensure that their judicial systems were in compliance with the requirements of the right in Article 6.3.c ECHR, and given that the intrinsic aim of that provision was to contribute to ensuring... Read more
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.
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.
Criminal proceedings, fairness / Defence counsel, proceedings, criminal / Lawyer, choice, restriction / Accused, right to conduct own defence.

ECH-2018-2-009 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 05.04.2018 / e) 40160/12 / f) Zubac v. Croatia [GC] /
Alleged excessively formalistic interpretation of procedural rules (ratione valoris admissibility threshold). In the absence of any reason to cast doubt on the procedural framework established by law for indicating the value of the subject matter of the dispute, it could not be said that applying the mandatory provisions in question had amounted to excessive formalism. On the contrary, it... Read more
3.9 General Principles - Rule of law.
3.16 General Principles - Proportionality.
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Access to courts, conditions / Civil proceedings, claim, admissibility threshold, ratione valoris / Appeal, inadmissibility, ratione valoris / Lawyer, national law, knowledge.

ECH-2018-2-010 a) Council of Europe / b) European Court of Human Rights / c) Third Section / d) 24.04.2018 / e) 4587/09 / f) Lozovyye v. Russia /
Burial of a victim of a criminal act without taking reasonable steps to inform his relatives. In situations where the State authorities, but not family members, were aware of a death, there was an obligation for the relevant authorities to at least undertake reasonable steps to ensure that surviving members of the family were informed.
5.1.3 Fundamental Rights - General questions - Positive obligation of the state.
5.3.33 Fundamental Rights - Civil and political rights - Right to family life.
Positive obligation, information of family of victim / Victim, deceased, obligation to inform family.

ECH-2018-2-011 a) Council of Europe / b) European Court of Human Rights / c) Fifth Section / d) 07.06.2018 / e) 44460/16 / f) O'Sullivan McCarthy Mussel Development Ltd v. Ireland /
Temporary prohibition on commercial mussel seed fishing to comply with European Union directives. Even though the environmental assessments had eventually demonstrated that the blanket ban was not necessary, the State was required, as a matter of EU law, to be concerned not with unproven risk but rather with proven absence of risk. Achieving compliance on the nationwide scale, and within an... Read more
2.2.1.6 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
3.19 General Principles - Margin of appreciation.
5.3.39 Fundamental Rights - Civil and political rights - Right to property.
EU, law, national implementation / Fishing, restriction, environment, protection / Environment, protection, risk absence.

ECH-2018-2-012 a) Council of Europe / b) European Court of Human Rights / c) Fifth Section / d) 28.06.2018 / e) 60798/10 and 65599/10 / f) M.L and W.W. v. Germany /
Refusal to oblige media to anonymise online archive material about a crime at the request of its perpetrators in view of their imminent release. The balancing of the competing interests could result in different outcomes, depending on whether the deletion request was made against the entity which had originally published the information (whose activity was generally at the heart of what freedom... Read more
5.1.3 Fundamental Rights - General questions - Positive obligation of the state.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.24 Fundamental Rights - Civil and political rights - Right to information.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
Internet, anonymity, right / Media, information, anonymisation / Convicted person, media, information, anonymisation, request / Internet, search engine / Internet, right to be forgotten.

CZECH REPUBLIC

CZE-2018-2-004 a) Czech Republic / b) Constitutional Court / c) Fourth Panel / d) 09.05.2018 / e) IV. ÚS 14/17 / f) On the possibility of shifting the burden of proof in medical disputes /
If the court in cases of medical disputes neglects to consider reasons for shifting the burden of proof and does not properly justify its decision in this regard, it thereby violates the right to judicial protection under Article 36.1 of the Charter of Fundamental Rights and Freedoms, the right to equal standing of parties to a proceeding under Article 37.3 of the Charter, and the right to a fair... Read more
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.
Burden of proof / Burden of proof, reversal / Causal link / Damages / Damages, liability / Emergency, assistance / Hospital, university / Medical aid / Medical assistance / Medical malpractice / Medical service / Medical treatment / Patient / Staff, medical.

CZE-2018-2-005 a) Czech Republic / b) Constitutional Court / c) Plenum / d) 19.06.2018 / e) PL. ÚS 36/17 / f) Amnesty - Decision on Violation of Amnesty Conditions /
In order to interpret Section 368 of the Criminal Procedure Code in a manner that conforms with the Constitution, it must be construed as providing that the ordinary court, whose jurisdiction it sets out, also has the jurisdiction to determine whether there has been a violation of any condition specified in an amnesty decision made by the President of the Republic. Whether or not any such... Read more
3.4 General Principles - Separation of powers.
4.4.3.3 Institutions - Head of State - Powers - Relations with judicial bodies.
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle.
Amnesty / Amnesty, general, criminal procedure / Amnesty, legal nature / Amnesty, proclamation / Court proceeding / Criminal procedure / Edict, order, President / Judicial protection / Offence, criminal / Offence, criminal, future commission / Pardon, legal nature / Penalty, time-limit / President / Question subject to the jurisdiction of the courts / Time-limit / Time of imprisonment.

EUROPEAN UNION

ECJ-2018-2-006 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 29.05.2018 / e) C-426/16 / f) Liga van Moskeeen en Islamitische Organisaties Provincie Antwerpen VZW e.a. v. Vlaams Gewest /
Slaughter is covered by the concept of ‘religious rite’ within the meaning of Article 4.4 of Regulation no. 1099/2009. Therefore, it falls within the scope of Article 10.1 of the Charter. Article 4.1 of Regulation no. 1099/2009 provides that ‘animals shall only be killed after stunning’. Article 4.4 provides that in the case of animals subject to particular methods of slaughter prescribed by... Read more
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship.
Slaughter, ritual / Religious rite, slaughter.

ECJ-2018-2-007 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 05.06.2018 / e) C-210/16 / f) Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v. Wirtschaftsakademie Schleswig-Holstein GmbH /
Article 2.d of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data must be interpreted as meaning that the concept of ‘controller’ within the meaning of that provision encompasses the administrator of a fan page hosted on a social network. Such an administrator takes part, by its definition of parameters... Read more
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Internet, social media, data, protection / Internet, fan page / Social network, host, responsibility / Internet, data protection.

ECJ-2018-2-008 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 26.06.2018 / e) C-451/16 / f) MB v. Secretary of State for Work and Pensions /
Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, in particular the first indent of Article 4.1, read in conjunction with the third indent of Articles 3.1.a and 7.1.a thereof, must be interpreted as precluding national legislation which requires a person who has changed gender not... Read more
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender.
Pension, age, right, gender, distinction / Gender, change, recognition / Mariage, gender change, impact.

ECJ-2018-2-009 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 10.07.2018 / e) C-25/17 / f) Tietosuojavaltuutettu v. Jehovan todistajat – uskonnollinen yhdyskunta /
Article 3.2 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, read in the light of Article 10.1 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that the collection of personal data by members of a... Read more
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Personal data, controller / Religion, preaching, door-to-door, data, registration.

ECJ-2018-2-010 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 07.08.2018 / e) C-122/17 / f) David Smith v. Patrick Meade, Philip Meade, FBD Insurance plc, Ireland, Attorney General /
EU law, in particular Article 288 TFEU, must be interpreted as meaning that a national court, hearing a dispute between private persons, which finds that it is unable to interpret the provisions of its national law which are contrary to a provision of a directive that satisfies all the conditions required for it to produce direct effect in a manner that is compatible with that provision, is not... Read more
2.2.1.6.5 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.
Community law, application, uniform, primacy / Community law, direct effect / Community law, primacy, limits to the independence of national procedure.

FINLAND

FIN-2018-2-003 a) Finland / b) Supreme Administrative Court / c) / d) 17.08.2018 / e) 2018:112 / f) /
The data protection authority had ordered Google to erase two search results linking to websites with sensitive health information about a person who was convicted of murder. In assessing the legality of such erasure order, the public’s interest to obtain information concerning the person in question and the person’s right to protection of privacy and personal data should be appropriately... Read more
3.17 General Principles - Weighing of interests.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Data protection, unnecessary personal data, information concerning health / Erasure of search results / Protection of privacy, right to erasure, right to be forgotten.

FIN-2018-2-004 a) Finland / b) Supreme Administrative Court / c) / d) 22.08.2018 / e) 2018:116 / f) /
A person who held a permanent post as senior inspector at the Finnish Immigration Service (hereinafter, "Migri") was on leave of absence and working as an administrative court referendary on a fixed-term basis. In assessing whether she was, because of her underlying permanent post, disqualified to act as a referendary in a case concerning international protection and whether the requirements... Read more
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Conflict of interest, disqualification, reasoning.

FIN-2018-2-005 a) Finland / b) Supreme Administrative Court / c) / d) 22.08.2018 / e) 2018:117 / f) /
A person who held a permanent post as senior inspector at the Finnish Immigration Service (hereinafter, "Migri") was on leave of absence and working as administrative court referendary on a fixed-term basis. In assessing whether he was, because of his underlying permanent post, disqualified to act as a referendary in a case concerning international protection and whether the requirements... Read more
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Conflict of interest, non-disqualification, reasoning.

FRANCE

FRA-2018-2-009 a) France / b) Constitutional Council / c) / d) 18.05.2018 / e) 2018-706 QPC / f) Mr Jean-Marc R. [Offence of glorifying acts of terrorism] /
The provisions of the Criminal Code laying down the penalties for the glorification of acts of terrorism are constitutional: -they are unequivocal in nature and are sufficiently precise in order to guarantee against the risk of arbitrariness; -having regard to the nature of the conduct punished, the penalties established, which are handed down with reference to the circumstances of the... Read more
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.
Terrorism, glorification.

FRA-2018-2-010 a) France / b) Constitutional Council / c) / d) 01.06.2018 / e) 2018-710 QPC / f) Al Badr Association and one other [Violation of compulsory schooling within private schools not under state control] /
The penalty of the violation of compulsory schooling within private schools not under state control provided for under Article 227-17-1 subparagraph 2 of the Criminal Code is constitutional. The principle that penalties should be imposed on the offender only was, for the first time, applied, not to a case in which somebody has been convicted in respect of the conduct of a third party, but to the... Read more
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education.
Teaching, private school, compulsory schooling, offence / Penalties, imposition, offender only.

FRA-2018-2-011 a) France / b) Constitutional Council / c) / d) 12.06.2018 / e) 2018-765 DC / f) Law on Data Protection /
The case-law developed by the Constitutional Council specific to legislation with the aim of transposing EU directives into domestic law also applies to legislation enacted for the purpose of adapting domestic law in line with an EU regulation. The legislature has put in place suitable guarantees in order to safeguard the rights and freedoms of persons affected by individual administrative... Read more
2.2.1.6 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
2.2.1.6.4 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.
4.13 Institutions - Independent administrative authorities.
4.17.1.5 Institutions - European Union - Institutional structure - Court of Justice of the European Union.
4.17.4 Institutions - European Union - Legislative procedure.
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
European Union, regulation, internal law, adaptation / Algorithms, basis, administrative decision / Personal data, automated processing.

FRA-2018-2-012 a) France / b) Constitutional Council / c) / d) 22.06.2018 / e) 2018-715 QPC / f) French section of the International Prison Observatory [Restrictions on communications by inmates] /
Provisions granting persons held in pre-trial custody the right to correspond in writing with any person of their choosing, "unless objected to by the judicial authorities", which do not allow a decision refusing the exercise of this right to be challenged before a court of law, violate the right to effective judicial relief protected under Article 16 of the 1789 Declaration of the Rights of Man... Read more
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
Detention, communication, restriction.

FRA-2018-2-013 a) France / b) Constitutional Council / c) / d) 06.07.2018 / e) 2018-717/718 QPC / f) Mr Cédric H. and one other [Offence of assisting the unlawful entry, circulation or residence of a foreign national] /
By punishing the provision of any assistance to the circulation of an undocumented foreign national, even where it involves providing residential support to a foreign national and is motivated by a humanitarian purpose, the legislature failed to strike a reasonable balance between the principle of fraternity and the constitutional objective of safeguarding public order. Fraternity is a... Read more
3.17 General Principles - Weighing of interests.
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners.
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity.
Fraternity, constitutional principle.

GERMANY

GER-2018-2-012 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 24.04.2018 / e) 2 BvL 10/16, ECLI:DE:BVerfG:2018:ls20180424.2bvl001016 / f) Temporary appointment as university chancellor /
1. The principle of lifetime employment (Lebenszeitprinzip) as a traditional principle of the career civil service system (Berufsbeamtentum) not only protects civil servants’ basic status for their lifetime, but also the respective office conferred to them according to their status. The lifetime employment affords the guarantee that the office according to their status is... Read more
4.6.9 Institutions - Executive bodies - The civil service.
Civil servant, discharge from post.

GER-2018-2-013 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 02.05.2018 / e) 1 BvR 666/17, ECLI:DE:BVerfG:2018:rk20180502.1bvr066617 / f) Reporting on suspicions /
1. The fundamental right to freedom of the press entitles its holders to create press products according to their ideas and to choose what to print. 2. The press may not be subjected to a general duty to continue reporting on new developments of topics which it has addressed before or to research whether a suspicion has been confirmed or dispelled after it has reported on an issue. 3. In... Read more
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press.
Freedom of expression, freedom to impart information.

GER-2018-2-014 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 22.05.2018 / e) 1 BvR 1728/12, 1 BvR 1756/12; ECLI:DE:BVerfG:2018:rs20180522.1bvr172812 / f) Transfer Payments by the Federal Employment Agency (purpose limitation of social security contributions) /
1. Social security contributions are subject to a strict purpose limitation (Zweckbindung) and must not be used for financing the general state budget. 2. A statutory framework on the transfer of funds deriving from social security contributions that effectively increases the cost burden of persons liable of social security contributions can violate the principle of equal burdening... Read more
3.5 General Principles - Social State.
3.19 General Principles - Margin of appreciation.
4.8.1 Institutions - Federalism, regionalism and local self-government - Federal entities.
4.8.7.2 Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Arrangements for distributing the financial resources of the State.
4.8.7.3 Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Budget.
4.10.1 Institutions - Public finances - Principles.
4.10.2 Institutions - Public finances - Budget.
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens.
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security.
Entities, federal, Bundesagentur für Arbeit (Federal Employment Agency) / Budget, federal, transfer payment, social security contribution / State, federal, public finances, expenditure, distribution / Social security contribution, liability / Social security system, structural reforms / Social welfare, benefit, unemployment / Public finances, federal transfer payment / Public finances, non-tax levy, justification / Public finances, principles, equal burdening / Public finances, principles, purpose limitation / Treatment, unequal, justification, transitional measure.

GER-2018-2-015 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 23.05.2018 / e) 1 BvR 97/14, 1 BvR 2392/14; ECLI:DE:BVerfG:2018:rs20180523.1bvr009714 / f) Hofabgabe (farm transfer requirement) /
1. Making pension benefits contingent upon the transfer of an agricultural holding constitutes a factual interference with the freedom of property under Article 14 of the Basic Law. 2. Such a farm transfer requirement (Hofabgabe) becomes unconstitutional where it deprives the persons concerned of income that is necessary to supplement a pension scheme designed as partial old-age... Read more
3.16 General Principles - Proportionality.
3.18 General Principles - General interest.
3.19 General Principles - Margin of appreciation.
3.20 General Principles - Reasonableness.
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security.
5.3.39 Fundamental Rights - Civil and political rights - Right to property.
Holding, agricultural, ownership / Land, agricultural / Sector, agricultural, structural reform / General interest, agricultural policy objective / Equality, special burden, spouses / Farm, agricultural / Farm, property, succession / Farm, transfer, mandatory / Marriage, constitutional protection / Pension, insurance, compulsory / Pension, eligibility / Pension, farmer / Pension, reform / Reasonableness, hardship, extreme / Spouse, discrimination / Spouse, personal and economic choices / Spouse, pension / Spouse, property / Law, unconstitutionality, continued application.

GER-2018-2-016 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 06.06.2018 / e) 1 BvL 7/14, 1 BvL 1375/14; ECLI:DE:BVerfG:2018:ls20180606.1bvl000714 / f) Employment contracts for a fixed term not based on objective reasons /
1. By limiting fixed-term employment relationships, and by ensuring that permanent employment relationships remain the regular form of employment, the state fulfils its duty of protecting employees – who are in a structurally weaker position – in accordance with Article 12.1 of the Basic Law and satisfies the principle of the social state under Articles 20.1 and 28.1 of the Basic Law. 2. The... Read more
2.3.3 Sources - Techniques of review - Intention of the author of the enactment under review.
3.5 General Principles - Social State.
5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment.
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Employment, contract, fixed-term / Employee, protection / Employment, contract, extension / Freedom of economic activity / Freedom of occupation / Judicial development of the law, limits.

GER-2018-2-017 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 12.06.2018 / e) 2 BvR 1738/12, 2 BvR 1395/13, 2 BvR 1068/14, 2 BvR 646/15, ECLI:DE: BVerfG:2018:rs20180612.2bvr173812 / f) Prohibition of civil servants’ strike action /
1. The personal scope of protection of Article 9.3 of the Basic Law also includes civil servants. while the fundamental right of labour coalitions (Koalitionsfreiheit) isguaranteed without explicit reservation, it can, however, be restricted by conflicting fundamental rights of third parties and other rights of constitutional status. 2. a. The ban on strike action for civil servants is an... Read more
4.6.9 Institutions - Executive bodies - The civil service.
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association.
5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike.
Civil servant, right to strike, discrimination / Civil servant, right and obligation / Basic Law, openness to international law / European Convention on Human Rights, guideline for the interpretation of the Basic Law / European Court of Human Rights, case-law, guideline for the interpretation of the Basic Law.

GER-2018-2-018 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 22.06.2018 / e) 1 BvR 673/18; ECLI:DE:BVerfG:2018:rk20180622.1bvr067318 / f) Volksverhetzung (denial of Nazi genocide) /
1. The criminal sanctioning of the denial of the Nazi genocide is, in principle, compatible with Article 5.1 of the Basic Law. 2. Disseminating factual claims that are demonstrably untrue and deliberately false does not contribute to the opinion-forming process, and is thus not covered by the freedom of expression under Article 5.1 of the Basic Law. 3. To the extent that a denial of the Nazi... 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.
5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
Auschwitz, concentration camp / Constitutional court, subject of review, criminal conviction / Criminal conviction, incitement of hatred and violence / Criminal courts, sentence, margin of appreciation / Punishment, criminal, prison sentence / Freedom of expression, limitation, public peace, disturbance / General interest, public peace / Genocide, Nazi, denial / Holocaust, denial / Jewish persons, genocide / Nazi, regime, tyranny and violence.

GER-2018-2-019 a) Germany / b) Federal Constitutional Court / c) Third Chamber of the First Panel / d) 22.06.2018 / e) 1 BvR 2083/15; ECLI:DE:BVerfG:2018:rk20180622.1bvr208315 / f) Volksverhetzung YouTube (trivialization of Nazi genocide) /
1. A criminal conviction for the approval, the denial or the trivialisation of certain crimes committed under National Socialist rule requires that the statement in question is capable of endangering public peace; this applies to all variations of the criminal offence listed in § 130.3 of the Criminal Code (hereinafter, the "Code), including the act of trivialisation. 2. The possibility of being... 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.
4.7.8.2 Institutions - Judicial bodies - Ordinary courts - Criminal courts.
5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
Concentration camp / Constitutional Court, subject of review, criminal conviction / Criminal conviction, incitement to hatred and violence / Criminal courts, sentence, margin of appreciation / Criminal punishment, fine / Freedom of expression, limitation, public peace, disturbance / General interest, public peace / Genocide, Nazi, trivialisation / Holocaust, trivialisation / Jewish persons, genocide / Nazi, regime, tyranny and violence / Wehrmacht (armed forces under the Nazi regime), exhibition / YouTube, audio file, publication.

GER-2018-2-020 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 13.07.2018 / e) 1 BvR 1474/12, 1 BvR 57/14, 1 BvR 670/13, ECLI:DE:BVerfG:2018:rs20180713.1bvr147412 / f) Prohibition of associations /
1. Article 9.1 of the Basic Law protects the formation and the existence of associations. Article 9.2 of the Basic Law, as a manifestation of a pluralist and at the same time militant constitutional democracy, sets a limit to freedom of association. 2. Any interference with freedom of association must comply with the principle of proportionality. When the requirements for a prohibition under... Read more
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association.
Association, prohibition.

GER-2018-2-021 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 18.07.2018 / e) 1 BvR 1675/16, 1 BvR 981/17, 1 BvR 836/17, 1 BvR 745/17; ECLI:DE:BVerfG:2018:rs20180718.1bvr167516 / f) Public Broadcasting Fees /
1. The Basic Law does not prohibit imposing burdens, in the form of contributions to the costs of a public institution, on those persons who potentially have an advantage from using this institution. The benefit that is compensated by the levying of the public broadcasting fee is the possibility of using public broadcasting services. 2. An indefinite number of persons, or even every person, may... Read more
1.6.2 Constitutional Justice - Effects - Determination of effects by the court.
3.19 General Principles - Margin of appreciation.
4.10.7.1 Institutions - Public finances - Taxation - Principles.
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens.
5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation.
Contributory fee / Equality, fiscal / Fee, service provided / Fee, imposition / Fee, public broadcasting / Non-tax levy, justification / Public broadcasting corporations / Tax, burden, equality / Tax, residence tax.

GER-2018-2-022 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 24.07.2018 / e) 2 BvR 309/15, 2 BvR 502/16; ECLI:DE:BVerfG:2018:rs20180724.2bvr030915 / f) Use of physical restraints in psychiatric hospitals /
1.a.The use of physical restraints on patients constitutes an interference with their fundamental right to freedom of the person (second sentence of Article 2.2 in conjunction with Article 104 of the Basic Law. 1.b.Both the use of five-point and seven-point restraints that goes beyond mere short-term application constitutes a deprivation of liberty within the meaning of Article 104.2 of... Read more
1.6.5.5 Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.1.3.2.3 Sources - Categories - Case-law - International case-law - Other international bodies.
2.2.1.1 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
3.16 General Principles - Proportionality.
3.17 General Principles - Weighing of interests.
5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.
5.1.4 Fundamental Rights - General questions - Limits and restrictions.
5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - Habeas corpus.
Capacity, legal / Capacity, mental / Confinement / Disability, mental / Disability, persons, rights / Effective remedy, right to be informed / General interest, safety, psychiatric institutions / Impairment, psychological / International case-law, United Nations Special Rapporteur, torture and other cruel, inhuman or degrading treatment / Judge, on-call duty / Liberty, deprivation and restriction, distinction / Mental illness / Psychiatric hospitals / Physical restraints, patients, psychiatry / Physical restraints, justification, danger to oneself or others / Physical restraints, use, judicial order, statutory basis / Physical restraints, use, judicial order, undue delay / Seclusion, patients, psychiatry / Sedation, patients, psychiatry / Statutory basis, requirement, constitutional law / United Nations Convention on the Rights of Persons with Disabilities.

HUNGARY

HUN-2018-2-001 a) Hungary / b) Constitutional Court / c) Plenary / d) 27.06.2018 / e) 6/2018 (VI. 27.) AB / f) On the declaration of an omission on the part of the legislator which had yet to formulate a procedure allowing lawfully settled non-Hungarian citizens to change their names /
Lack of provision for a name-changing process for lawfully settled non-Hungarian citizens violated the right to human dignity and the prohibition of discrimination.
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity.
Name, change, foreign national.

HUN-2018-2-002 a) Hungary / b) Constitutional Court / c) Plenary / d) 05.07.2018 / e) 8/2018 (VII. 5.) AB / f) On annulling Judgment Pfv.IV.20.773/2016/5 of the Kúria /
Stronger consideration should be given to the protection of personality rights in the case of the title to a press article than in other parts of it.
5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press.
5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
Press article, title / Public figure, personality rights.

HUN-2018-2-003 a) Hungary / b) Constitutional Court / c) Plenary / d) 09.07.2018 / e) 9/2018 (VII. 9.) AB / f) On the interpretation of Articles E.2, E.4; Q.3 and 25 of the Constitution /
Under the constitutional provisions currently in force, an international agreement created in the framework of enhanced cooperation, transferring the jurisdiction of adjudicating a group of private law disputes to an international institution not included in the founding treaties of the European Union (thus drawing the adjudication and the constitutional review of such legal disputes away from... Read more
3.1 General Principles - Sovereignty.
4.7.1.1 Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction.
4.16.1 Institutions - International relations - Transfer of powers to international institutions.
4.17.1 Institutions - European Union - Institutional structure.
Jurisdiction, United Patent Court.

IRELAND

IRL-2018-2-001 a) Ireland / b) Supreme Court / c) / d) 27.06.2018 / e) SC 30/17 / f) The Attorney General v. Davis /
The State is obliged, under the Constitution, to protect vulnerable persons suffering from mental illness within the context of an extradition application and such duty extends to all persons and not just those suffering from mental illness. The burden is on the person sought for extradition, to establish by evidence that there are substantial grounds for believing that if he or she were... Read more
5.3.2 Fundamental Rights - Civil and political rights - Right to life.
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
5.3.33 Fundamental Rights - Civil and political rights - Right to family life.
Extradition, torture, danger / Extradition, condition / Extradition, detention / Extradition, receiving State, human rights situation / Extradition, effect on family life / Physical and psychological integrity, right, vulnerable person, protection.

IRL-2018-2-002 a) Ireland / b) Supreme Court / c) / d) 31.07.2018 / e) SC 19/17 / f) John Callaghan v. An Bord Pleanála /
There is no entitlement in law for a third person to be heard in the process whereby the national planning authority forms an opinion that an application to have a proposed development designated a Strategic Infrastructure Development and thus be subject to an alternative planning process provided for in law. The right to fair procedures does not extend to such third parties as the designation of... Read more
1.4.9.4 Constitutional Justice - Procedure - Parties - Persons or entities authorised to intervene in proceedings.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.6 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.
Development planning, powers / Planning, regional / Planning regulations / Planning, strategic infrastructure development / Third party, rights, protection.

ISRAEL

ISR-2018-2-003 a) Israel / b) Supreme Court (High Court of Justice) / 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 - Law-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.

ITALY

ITA-2018-2-009 a) Italy / b) Constitutional Court / c) / d) 07.02.2018 / e) 58/2018 / f) /
The legislative technique by which the original provision of a Decree-Law only appears to be repealed prior to the expiry of the time-limit for its conversion, by a law that at the same time endorses any legal effects brought about by that provision over the intervening period and, in fact, transposes the provision that appears to be repealed into another provision of the very same law, impairs... Read more
3.10 General Principles - Certainty of the law.
3.12 General Principles - Clarity and precision of legal provisions.
3.16 General Principles - Proportionality.
3.17 General Principles - Weighing of interests.
3.18 General Principles - General interest.
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.
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health.
Business activity, limits, harm to safety, freedom and human dignity / Workers, health, protection / Health and safety offences, industrial plants, seizure, activities continuing.

ITA-2018-2-010 a) Italy / b) Constitutional Court / c) / d) 20.03.2018 / e) 81/2018 / f) /
The protection of minorities (including linguistic minorities) is a supreme principle of the pluralistic constitutional system, and both State-level and regional and provincial lawmakers must be involved in actively ensuring the concrete effectiveness of such protection. However, the identification of national minorities must fall within the exclusive purview of the State legislator, in order to... Read more
1.3.4.3 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence.
1.3.5.8 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities.
3.6.1 General Principles - Structure of the State - Unitary State.
3.6.2 General Principles - Structure of the State - Regional State.
4.3.4 Institutions - Languages - Minority language(s).
4.8.2 Institutions - Federalism, regionalism and local self-government - Regions and provinces.
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
Minority, national, identification, exclusive purview, State legislator / Minority, national, elements identifying, competence.

ITA-2018-2-011 a) Italy / b) Constitutional Court / c) / d) 10.04.2018 / e) 115/2018 / f) /
In the light of the prohibition on the retroactivity of harsher punishments of criminal law, the "Taricco rule" cannot be applied to facts committed prior to the date of publication of the judgment that established it, that is, prior to 8 September 2015. This prohibition derives directly from EU law and does not require any further verification on the part of national judicial... Read more
2.1.3.2.2 Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.
2.2.1.6.1 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions.
3.12 General Principles - Clarity and precision of legal provisions.
3.13 General Principles - Legality.
3.14 General Principles - Nullum crimen, nulla poena sine lege.
5.3.38.1 Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law.
Criminal law, VAT fraud / Criminal code, limitation period / European Union, Court of Justice, preliminary request, national court, obligation to refer / European Union, financial interests of the Member State / Prohibition on the retroactivity of harsher punishments of criminal law.

ITA-2018-2-012 a) Italy / b) Constitutional Court / c) / d) 11.04.2018 / e) 120/2018 / f) /
In the light of both the European Convention on Human Rights and the European Social Charter, which are binding in the Italian legal system pursuant to Article 117.1 of the Constitution, the right of military personnel to join professional trade unions must be recognised. However, both parameters associate the assertion of the principle of freedom to associate within a trade union with the... Read more
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.6 Sources - Categories - Written rules - International instruments - European Social Charter of 1961.
4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces.
5.1.1.4.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Military personnel.
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association.
5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike.
5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
Trade union, in armed forces / Armed forces, trade unions, comprised solely of military personnel / Armed forces, exclusion of right to strike.

KAZAKHSTAN

KAZ-2018-2-001 a) Kazakhstan / b) Constitutional Council / c) / d) 03.07.2018 / e) 5 / f) /
Forced delivery of individuals who are avoiding the execution of enforcement proceedings is intended to secure the enforcement of court decisions. Forced delivery is a means by which individuals are forcibly taken before the individual authorised to execute a judgment. One of the guarantees which protects the rights of individuals subject to forced delivery, is that the court must authorise a... Read more
5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
Movement / Limitation of right, justification / Judicial protection / Liberty, deprivation / Personal liberty.

KYRGYZSTAN

KGZ-2018-2-001 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 19.04.2017 / e) 06-p / f) Imankulova B.M. /
The rationale behind setting a high level of qualification for those seeking judicial appointment is to promote the most effective administration of justice and qualitative consideration of court cases. The qualification requirements contribute to the provision of effective remedies and enhance public confidence in the court system.
4.7.4.1.1 Institutions - Judicial bodies - Organisation - Members - Qualifications.
4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment.
Higher education, law.

KGZ-2018-2-002 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 22.04.2017 / e) 04-p / f) Turdubekova U. B., Bekeshev D.D. /
Restriction of admission to notarial activities of persons who have a previous conviction for a deliberate crime, even if it has been removed or expunged from official records, does not violate the principles of fairness, equality, and proportionality.
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Notary, admission, limitation.

KGZ-2018-2-003 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 24.01.2018 / e) 01-p / f) Baryktabasov M. /
The provision of reasonable court costs by the state should be viewed in the light of the need to strike a balance between the universal right to seek judicial protection and the effective functioning of the court system. It is important to screen out spurious claims and to prevent other abuses of the right, although these problems can to a great extent be resolved through the institution of... Read more
3.16 General Principles - Proportionality.
4.10.1 Institutions - Public finances - Principles.
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.
Court fees.

KGZ-2018-2-004 a) Kyrgyz Republic / b) Constitutional Chamber / c) Plenary / d) 14.02.2018 / e) 02-p / f) Otorbaev K. /
The establishment of unjustified privileges for certain categories of citizen is a violation of the principle of equality and non-discrimination.
4.7.4.1.1 Institutions - Judicial bodies - Organisation - Members - Qualifications.
4.7.15.2.2 Institutions - Judicial bodies - Legal assistance and representation of parties - Assistance other than by the Bar - Legal assistance bodies.
Bar association, members, qualification.

LATVIA

LAT-2018-2-007 a) Latvia / b) Constitutional Court / c) / d) 15.06.2018 / e) 2017-23-01 / f) On the compliance of the Second and the Third Part of Section 573 of the Criminal Procedure Law with the first sentence of Article 92 of the Constitution of the Republic of Latvia /
Criminal proceedings at a cassation-instance court will only comply with the right to a fair trial if they are conducted in line with the principle of collegiality and if there is a proper rationale behind the refusal to initiate cassation proceedings. The principle of collegiality strengthens the impartiality of a court and enables judges to engage in a dialogue about the uniform application... Read more
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Cassation complaint, criminal case, refusal, reasoning / Collegiality.

LIECHTENSTEIN

LIE-2018-2-001 a) Liechtenstein / b) State Council / c) / d) 27.03.2018 / e) StGH 2017/82, StGH 2017/83 / f) /
Legal provisions on the right to legal aid, which prevent access to justice, are not compatible with the constitutional right of complaint, especially if they put the applicant at risk of not finding a legal representative.
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.
5.3.13.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.
Asylum proceeding / Complaint, administrative / Legal aid, right to legal representation.

LIE-2018-2-002 a) Liechtenstein / b) State Council / c) / d) 03.09.2018 / e) StGH 2018/74 / f) /
A hospital doctor was classified as a ‘whistle-blower’ where he had been summarily dismissed after raising concerns that active euthanasia was being carried out unlawfully. As such, the dismissal affected his freedom of expression. Therefore, the relevant contractual norms had to be interpreted in the light of the constitutional right. An individual who raises concerns which involve sensitive... Read more
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
Dismissal / Euthanasia, active / Whistle-blowing / Constitutional rights, third party effects.

LITHUANIA

LTU-2018-2-003 a) Lithuania / b) Constitutional Court / c) / d) 04.05.2018 / e) KT10-N6/2018 / f) On the right of an owner of premises to apply to the registrar of the Register of Legal Persons concerning the deregistration of a registered office of a legal person, that of its branch, or that of its representative office, registered on those premises /
The inviolability and protection of ownership, entrenched in the Constitution, mean among other things, that owners have the right to perform any actions with regard to their property, with the exception of those prohibited by law, as well as to use their property and determine its future in any way that does not violate the rights and freedoms of other persons.
5.3.10 Fundamental Rights - Civil and political rights - Rights of domicile and establishment.
5.3.39 Fundamental Rights - Civil and political rights - Right to property.
Legal person, registered office / Ownership rights / Legal person, register.

LTU-2018-2-004 a) Lithuania / b) Constitutional Court / c) / d) 24.05.2018 / e) KT12-N7/2018 / f) On establishing the criteria for granting the right to a fishing quota in inland waters /
Under the Constitution, the natural environment, including wildlife, is a value of national importance. Ensuring its protection and the rational use of its resources is a constitutional duty of the state. Restrictions that have an essential impact on fishing as an economic activity must be established only by means of a law.
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
Substatutory, legal acts / Natural environment / Fishing, right / Fishing, restriction / Fishing, economic activity.

LTU-2018-2-005 a) Lithuania / b) Constitutional Court / c) / d) 06.06.2018 / e) KT13-N8/2018 / f) On the priority to enter the State service given to citizens who have fulfilled their military obligation /
Entering the State service of the Republic of Lithuania on equal terms is a constitutional right of citizens. The constitutional imperative of entering the State service on equal terms implies competition between those who enter it, as well as the objective and impartial assessment and selection of persons who enter the State service.
5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment.
5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.
Public service / State servants, competition, discrimination / Military service, obligation.

MOLDOVA, REPUBLIC OF

MDA-2018-2-001 a) Moldova / b) Constitutional Court / c) Plenary / d) 10.04.2018 / e) 6 / f) On the exception of unconstitutionality with respect to certain provisions of Law no. 269 of 12 December 2008 on polygraph testing and Law no. 132 of 17 June 2016 on the National Integrity Authority /
Denying candidates who fail to pass polygraph tests employment in certain categories of public officials amounts to an infringement of the right to take part in the administration of public affairs and of the right to work.
3.9 General Principles - Rule of law.
3.18 General Principles - General interest.
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work.
Employment, conditions / Public function / Right of access to public function / Polygraph test / National security.

MDA-2018-2-002 a) Moldova / b) Constitutional Court / c) Plenary / d) 26.04.2018 / e) 8 / f) On the exception of unconstitutionality with respect to certain provisions of the Civil Procedure Code (on the matter of judicial mediation) /
Mandatory judicial mediation in legal proceedings, which is required by law in specific cases set out by the Civil Procedure Code, is in line with the provisions on public order and access to justice enshrined in the Constitution.
4.7.2 Institutions - Judicial bodies - Procedure.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
Procedure / Dispute, settlement, out-of-court / Judicial protection, right.

MDA-2018-2-003 a) Moldova / b) Constitutional Court / c) Plenary / d) 14.05.2018 / e) 13 / f) On the exception of unconstitutionality with respect to certain provisions of Article 25.1 of Law no. 947 on the Superior Council of Magistrates and of Article 10.1 of Law no. 793 on administrative disputes (judicial review of decisions issued by the Superior Council of Magistrates in disciplinary cases) /
The Supreme Court of Justice is entitled to carry out effective judicial review, including of decisions by the Superior Council of Magistrates.
4.7.3 Institutions - Judicial bodies - Decisions.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
Disciplinary proceedings, judge / Decision, administrative, review / Judicial review, administrative decision.

MDA-2018-2-004 a) Moldova / b) Constitutional Court / c) Plenary / d) 04.06.2018 / e) 16 / f) On the review of the constitutionality of certain provisions of the Audio-Visual Code /
For the purposes of State informational security, the State is entitled to take relevant measures against certain foreign media content broadcast on its territory. The impact of the ban prohibiting broadcasters and distributors of mass information services from transmitting informational, analytical, military and political content programmes produced in countries other than member states of the... Read more
3.17 General Principles - Weighing of interests.
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, television, broadcasting / Information, accuracy / Media, role in a democratic society / Freedom of expression / Ban, broadcasting / Public opinion, forming / National security.

MDA-2018-2-005 a) Moldova / b) Constitutional Court / c) Plenary / d) 04.06.2018 / e) 17 / f) On the review of the constitutionality of certain provisions on the use of the Russian language on the territory of the Republic of Moldova and on the inapplicability of constitutional review of laws passed prior to the entry into force of the Constitution /
Laws passed prior to the entry into force of the Constitution are subject to constitutional review. This also confers upon the Constitutional Court the competence to decide whether laws passed under the Soviet regime have fallen into desuetude.
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution.
3.3 General Principles - Democracy.
3.9 General Principles - Rule of law.
3.17 General Principles - Weighing of interests.
5.2.2.10 Fundamental Rights - Equality - Criteria of distinction - Language.
Democracy, defence / Language, official, use / Law, desuetude.

MDA-2018-2-006 a) Moldova / b) Constitutional Court / c) Plenary / d) 03.07.2018 / e) 18 / f) On the exception of unconstitutionality of certain provisions of Law no. 1260 on the legal profession /
Decisions of the Bar Exam Board are subject to full judicial review in fact and in law. However, the court of law shall not substitute itself for the Board, as the court of law only checks whether the decision of the Board is a reasonable one.
1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Employment, conditions, criteria / Attorney / Legal profession, admission, refusal, reasons / Freedom to choose one’s profession, restriction, prohibition to practise.

MONTENEGRO

MNE-2018-2-002 a) Montenegro / b) Constitutional Court / c) / d) 26.06.2018 / e) U-I 1/16 / f) /
According to the Constitution, the legal order of the state is based on the hierarchy of legal acts in which the Constitution is the legal act with the highest legal force. The supremacy of the Constitution and ratified international agreements in relation to other regulations is established by the principle of the conformity of legal regulations, which enables the unity and effectiveness of the... Read more
3.9 General Principles - Rule of law.
3.10 General Principles - Certainty of the law.
5.3.13.1.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings.
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.
Constitutionality / Bankruptcy procedure / Bankruptcy trustee / Principle of conformity of legal regulations / Civil proceedings / Legal certainty / Principle of the unity of the legal order / Power of attorney.

THE NETHERLANDS

NED-2018-2-001 a) The Netherlands / b) Supreme Court / c) Criminal Chamber / d) 25.09.2018 / e) 17/04189 / f) /
Concerning the right to adjudication by an independent and impartial tribunal as enshrined in Article 6.1 ECHR and Article 14.1 ICCPR (International Covenant on Civil and Political Rights), a judge must be assumed to be impartial, unless exceptional circumstances arise which provide a serious indication that a judge is biased against a party, or that this party’s concern regarding the judge’s... Read more
2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights.
3.20 General Principles - Reasonableness.
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Judge, impartiality, recusal, abuse / Judge, bias, indication, serious / Judge, recusal.

NED-2018-2-002 a) The Netherlands / b) Supreme Court / c) / d) 25.09.2018 / e) 18/02675 / f) /
Concerning the right to adjudication by an independent and impartial tribunal as enshrined in Article 6.1 ECHR and Article 14.1 ICCPR (International Covenant on Civil and Political Rights), a judge must be assumed to be impartial, unless exceptional circumstances arise which provide a serious indication that a judge is biased against a party, or that this party’s concern regarding the judge’s... Read more
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
Judge, impartiality, recusal / Judge, recusal, appeal against judgment / Judgment, reasoning, absence.

NED-2018-2-003 a) The Netherlands / b) Council of State / c) General Chamber / d) 21.02.2018 / e) 201604088/1/A3 / f) X (a citizen) v. the Mayor and Aldermen of Noordoostpolder /
Placing a camera in an industrial zone on municipal grounds along the public road does not represent a breach of privacy rights.
1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi.
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Security camera, motorist.

NED-2018-2-004 a) The Netherlands / b) Council of State / c) Aliens Chamber / d) 31.05.2018 / e) 201701909/1/V2 / f) X (an alien) v. Secretary of State of Security and Justice /
A decision by the Secretary of State that a foreigner facing potential repatriation and fearing persecution in his homeland should be expected to cover or remove a Christian tattoo lacked sufficient reasoning to show that it complied with human rights provisions.
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
Tattoos, religious symbols, repatriation.

NED-2018-2-005 a) The Netherlands / b) Council of State / c) General Chamber / d) 15.08.2018 / e) 201707148/1/A3 / f) X (a citizen) v. the Mayor of Nijmegen /
Pastafarianism cannot be regarded as a religion. The wearing of a colander does not represent a religious or ideological expression which would exempt its members from adherence to the regulations on passports.
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship.
Passport, Pastafarianism.

PORTUGAL

POR-2018-2-007 a) Portugal / b) Constitutional Court / c) Plenary / d) 08.05.2018 / e) 242/18 / f) /
A norm which denies access to legal protection to for-profit legal persons irrespective of their actual financial position and with no mechanism to verify their financial status on an individual basis represents a potential hindrance to their constitutional right to access to court.
5.1.1.5.2 Fundamental Rights - General questions - Entitlement to rights - Legal persons - Public law.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.13.27.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel - Right to paid legal assistance.
Legal person, for-profit, legal protection, right.

POR-2018-2-008 a) Portugal / b) Constitutional Court / c) Third Chamber / d) 07.06.2018 / e) 308/18 / f) /
Questions arose over two norms governing challenges to paternity. The first allowed for an action to challenge a voluntary acknowledgement of paternity to be brought by the presumed father at any time. The second allowed for an action to declare non-paternity to be launched by the husband of the mother; such an action would have to be brought within three years of his realisation of the... Read more
3.21 General Principles - Equality.
5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status.
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.
Paternity, contesting / Paternity, disputed by husband / Paternity, dispute, time limit.

POR-2018-2-009 a) Portugal / b) Constitutional Court / c) Plenary / d) 04.07.2018 / e) 376/18 / f) /
A norm which specified that the granting of permission for the exercise of private security activity would depend on the verification of the non-existence of a conviction for the commission of an intentional crime was unconstitutional; another legislative solution could have been found which was less burdensome but which achieved the same goal.
3.16 General Principles - Proportionality.
4.15 Institutions - Exercise of public functions by private bodies.
5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.
5.3.12 Fundamental Rights - Civil and political rights - Security of the person.
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Security profession, access, conditions.

ROMANIA

ROM-2018-2-004 a) Romania / b) Constitutional Court / c) / d) 18.07.2018 / e) 534/2018 / f) Decision on the unconstitutionality of the provisions of Article 277.2 and 277.4 of the Civil Code /
Same-sex relationships, just like heterosexual relationships, fall within the scope of "private life" and that of "family life". As such they fall under the protection of the fundamental right to private and family life, safeguarded by Article 7 of the EU Charter of Fundamental Rights, Article 8 ECHR and Article 26 of the Constitution. Enjoying the right to private and family life, same-sex... Read more
5.3.9 Fundamental Rights - Civil and political rights - Right of residence.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
5.3.33 Fundamental Rights - Civil and political rights - Right to family life.
Spouse, meaning.

SERBIA

SRB-2018-2-002 a) Serbia / b) Constitutional Court / c) / d) 06.04.2017 / e) Uz-3732/2015 / f) /
A constitutional complaint alleging a violation of the right to property is upheld where it can be concluded with great certainty that, even if the applicant had fulfilled the requirement of declaring his or her position concerning the continuation of enforcement proceedings and those enforcement proceedings had been continued, the applicant would have still been unable to collect payment of the... Read more
5.3.39 Fundamental Rights - Civil and political rights - Right to property.
Property rights / Enforcement proceedings.

SLOVENIA

SLO-2018-2-002 a) Slovenia / b) Constitutional Court / c) / d) 12.10.2017 / e) U-I-64/14 / f) /
In inspection procedures regarding illegal buildings, the right to respect for home ensures individuals that the building they live in will not be removed if circumstances exist that render such an interference with the right to respect for their home disproportionate. Before a measure entailing the loss of a home can be enforced against a natural person, he or she must be guaranteed prior... Read more
3.16 General Principles - Proportionality.
5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home.
Home, concept, respect, right / Roma community.

SLO-2018-2-003 a) Slovenia / b) Constitutional Court / c) / d) 25.01.2018 / e) U-I-191/17 / f) /
The legislature must regulate the procedure for the judicial protection of the right to vote in a referendum by means of legislation and provide sufficiently clear and precise regulation. In a referendum campaign the Government must convey information in a fair and reserved manner, both for and against the law at issue. Although the Government may express its position, it must ensure that all... Read more
3.16 General Principles - Proportionality.
4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.29 Fundamental Rights - Civil and political rights - Right to participate in public affairs.
Referendum, government, role / Referendum, dispute.

SOUTH AFRICA

RSA-2018-2-005 a) South Africa / b) Constitutional Court / c) / d) 14.06.2018 / e) CCT 170/17 / f) Levenstein and Others v. Estate of the Late Sidney Lewis Frankel and Others /
The perception that certain sexual offences are more serious than others is not a rational basis for a time bar to institute criminal proceedings for one type of offence but not another. Removing a time bar to institute criminal proceedings does not violate an accused’s right to a fair trial since certain other offences does not attract the time bar, and the state’s discretion on deciding... Read more
1.6.5.5 Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect.
3.12 General Principles - Clarity and precision of legal provisions.
3.22 General Principles - Prohibition of arbitrariness.
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime.
Prescription / Statute of limitations / Sexual offences, statute of limitation, equality / Sexual offence, victim, harm.

RSA-2018-2-006 a) South Africa / b) Constitutional Court / c) / d) 05.07.2018 / e) CCT 13/17 / f) Minister of Justice and Constitutional Development and Another v. South African Restructuring and Insolvency Practitioners Association and Others /
Remedial and restitutionary measures aimed at affirmative action must satisfy separate requirements of rationality and non-arbitrariness. To be rational, measure must be reasonably capable of attaining desired outcome.
3.20 General Principles - Reasonableness.
3.22 General Principles - Prohibition of arbitrariness.
5.2.2.2 Fundamental Rights - Equality - Criteria of distinction - Race.
5.2.3 Fundamental Rights - Equality - Affirmative action.
Restitutionary measures, rationality, arbitrariness / Insolvency industry, transformation.

RSA-2018-2-007 a) South Africa / b) Constitutional Court / c) / d) 17.07.2018 / e) CCT 182/17 & CCT 240/17 / f) Department of Transport and Others v. Tasima (Pty) Ltd; Tasima (Pty) Ltd and Others v. Road Traffic Management Corporation and Others /
Court orders regulating interim situations pending appeal are not enforceable after the appeal. Courts do not give legal advice and pronounce on hypothetical issues, unless the interests of justice dictate otherwise.
1.5.4.7 Constitutional Justice - Decisions - Types - Interim measures.
3.9 General Principles - Rule of law.
4.7.3 Institutions - Judicial bodies - Decisions.
4.10.8 Institutions - Public finances - Public assets.
4.15 Institutions - Exercise of public functions by private bodies.
Interim order, execution.

RSA-2018-2-008 a) South Africa / b) Constitutional Court / c) / d) 26.07.2018 / e) CCT 194/17 / f) Assign Services (Pty) Limited v. National Union of Metalworkers of South Africa /
An employee placed by a temporary employment service with a client company is deemed to be employed by the client company alone, and not by the client company and the service, after three months’ employment.
5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Employment, temporary employment services / Employment, labour relations dispute / Employment, temporary, duration / Labour relations.

RSA-2018-2-009 a) South Africa / b) Constitutional Court / c) / d) 13.08.2018 / e) CCT 333/17 and CCT 13/18 / f) Corruption Watch NPC and Others v. President of the Republic of South Africa and Others; Mxolisi Nxasana v. Corruption Watch NPC and Others /
The President’s conduct in terminating the appointment of the National Director of Public Prosecutions (hereinafter, "NDPP) is declared constitutionally invalid. Although the NDPP returns to office by operation of the law, the just and equitable remedy is to remove both him and his predecessor and the President is ordered to appoint a new NDPP.
4.7.4.1.5 Institutions - Judicial bodies - Organisation - Members - End of office.
4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel.
Prosecutor general, appointment / Prosecutor general, independence.

RSA-2018-2-010 a) South Africa / b) Constitutional Court / c) / d) 23.08.2018 / e) CCT 152/17 / f) Police and Prisons Civil Rights Union v. South African Correctional Services Workers’ Union and Others /
The right to collective bargaining is conferred on every trade union by the Constitution, regardless of whether it is a majority or minority union. There is no prohibition of collective bargaining between an employer and a minority union where there is a collective agreement between that employer and the majority trade union. That would be inconsistent with the Constitution and international... Read more
4.6.9.5 Institutions - Executive bodies - The civil service - Trade union status.
5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
Trade union, collective bargaining.

SWEDEN

SWE-2018-2-002 a) Sweden / b) Supreme Administrative Court / c) / d) 18.06.2018 / e) 1048-17 / f) /
A decision, whereby the Environmental Protection Agency reviewed a county administrative board’s decision regarding elk hunting, can be appealed to an administrative court notwithstanding a provision stating that such a decision cannot be appealed.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Right to appeal.

SWITZERLAND

SUI-2018-2-002 a) Switzerland / b) Federal Court / c) Court of Criminal Law / d) 05.01.2018 / e) 6B1356/2016 / f) A. v. Fribourg Public Prosecution Service and X. /
Right to a court established by law; composition of the body charged with delivering judgment; Article 30.1 of the Federal Constitution and Article 6.1 ECHR. For a court to be established by law in accordance with Article 30.1 of the Constitution and Article 6.1 ECHR, it must be an independent and impartial tribunal that delivers judgment on disputes on the basis of law following lawfully... Read more
1.4.11.1 Constitutional Justice - Procedure - Hearing - Composition of the bench.
1.5.1.1 Constitutional Justice - Decisions - Deliberation - Composition of the bench.
3.13 General Principles - Legality.
3.19 General Principles - Margin of appreciation.
5.3.13.3.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - “Natural judge”/Tribunal established by law.
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.
Constitutional Court, functioning, chamber, composition / Court, chamber, composition, disclosure.

SUI-2018-2-003 a) Switzerland / b) Federal Court / c) Second Court of Public Law / d) 02.02.2018 / e) 2C821/2016 / f) A.X. and B.X. v. State Secretariat for Migration /
Article 2.1 of the Federal Act on Foreign Nationals, Article 8 ECHR, Article 3 CRC; renewal of residence permit; foreign parent without parental authority or custody of a minor with a permanent right to reside in Switzerland and who had already obtained a residence permit on the grounds of marriage to a Swiss national or a person with leave to remain that has since ended (summary of... Read more
3.16 General Principles - Proportionality.
3.17 General Principles - Weighing of interests.
5.3.9 Fundamental Rights - Civil and political rights - Right of residence.
5.3.33 Fundamental Rights - Civil and political rights - Right to family life.
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child.
Child, best interest, overriding nature / Child, parent, right to contact with child / Child, close personal relationship / Parent, foreigner / Parent without custody rights, right of residence / Residence, permit, issue, renewal.

"THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

MKD-2018-2-002 a) "The former Yugoslav Republic of Macedonia" / b) Constitutional Court / c) / d) 26.06.2018 / e) U.br. 116/2017 / f) Sluzben vesnik na Republika Makedonija (Official Gazette), 130/2018, 16.07.2018 /
The use of handcuffs against participants in a peaceful protest constitutes a violation of their freedom of expression. The use of force, which is solely targeted against individuals who are members of a particular political party, is discrimination on the grounds of political affiliation.
5.2.2.9 Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly.
Freedom of expression, freedom to impart information / Freedom of assembly, peaceful / Handcuffs, demonstration, peaceful, participants / Police, physical force.

TURKEY

TUR-2018-2-004 a) Turkey / b) Constitutional Court / c) Second Section / d) 12.06.2018 / e) 2015/13077 / f) M. K. /
The requirement of sterilisation prior to gender reassignment surgery violates the rights to physical integrity and gender identity, and the right to personal development.
5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
Transsexual persons / Gender reassignment, legal conditions / Sterilisation / Civil register, amendment.

TUR-2018-2-005 a) Turkey / b) Constitutional Court / c) First Section / d) 04.07.2018 / e) 2014/18275 / f) S. K. /
Prostitution as a profession or economic activity is not protected under the right to private life.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life.
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
Prostitution.

TUR-2018-2-006 a) Turkey / b) Constitutional Court / c) Second Section / d) 18.07.2018 / e) 2015/1220 / f) Kemal Kiliçdaroglu (3) /
Politicians and public officials need a higher tolerance, by comparison with ordinary citizens, over criticism involving public matters.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
Politicians, criticism.

UKRAINE

UKR-2018-2-005 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 22.05.2018 / e) 5-rp/2018 / f) Constitutionality of paragraph 12 of Section I of the Law on Introducing Amendments and Declaring Invalid Some Legislative Acts dated 28 December 2014, no. 76-VIII /
Recent legislative changes have abolished and limited various privileges hitherto enjoyed by certain categories of elderly citizens. These privileges are a form of recompense for long-standing professional activity; they are not the same as fundamental rights and parliament does have the discretion to modify them where necessary, without this impinging on the right to social protection. However,... Read more
3.10 General Principles - Certainty of the law.
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security.
Senior citizens, former professional activity, privileges.

UKR-2018-2-006 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 06.06.2018 / e) 1-v/2018 / f) Constitutionality of draft legislation introducing amendments to the Constitution on the abolition of parliamentary immunity (Reg. no. 6773) with the requirements of Articles 157 and 158 of the Constitution /
Provisions of draft legislation introducing amendments to the Constitution on the abolition of parliamentary immunity relate to the special status of people’s deputies and do not have the effect of narrowing or cancelling fundamental human rights.
4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies.
Parliamentary immunity, People’s Deputy, interference.

UKR-2018-2-007 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 17.06.2018 / e) 6-rp/2018 / f) Constitutionality of subparagraphs 2-7, 12 and 14 of paragraph 4 of Section I of the Law on Introducing Amendments and Declaring Invalid Some Legislative Acts dated 28 December 2014, no. 76-VIII /
Certain legislative amendments had the effect of restricting the benefits and compensation available to persons who had been affected by the Chernobyl catastrophe and were unconstitutional; the state is under an obligation to make special provision for persons in this category and to ensure they have a decent standard of living.
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.
Benefit, abolition, restriction / Nuclear disaster, compensation.

UKR-2018-2-008 a) Ukraine / b) Constitutional Court / c) Grand Chamber / d) 19.06.2018 / e) 2-v/2018 / f) Constitutional compliance of the draft law on introducing amendments to Article 80 of the Constitution on the abolition of parliamentary immunity (Reg. no. 7203) with the requirements of Articles 157 and 158 of the Constitution /
Draft legislation, due to enter into force on 1 January 2020, proposes to change the constitutional provision that stipulates that people’s deputies will have no legal liability for the results of voting or for statements made in Parliament apart from liability for insult or defamation. These changes are constitutional; parliamentary immunity is not an individual right for people’s deputies but... Read more
4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies.
Abolition, parliamentary immunity, People’s Deputy.

B. Systematic Thesaurus

1.3.2.2	Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.	BRA-2018-2-005
1.3.4.1	Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.	MDA-2018-2-006
1.3.4.3	Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.	ITA-2018-2-010
1.3.4.10.1	Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence.	ITA-2018-2-010
1.3.5.8	Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities.	ITA-2018-2-010
1.4.9.1	Constitutional Justice - Procedure - Parties - Locus standi.	NED-2018-2-003
1.4.9.4	Constitutional Justice - Procedure - Parties - Persons or entities authorised to intervene in proceedings.	IRL-2018-2-002
1.4.11.1	Constitutional Justice - Procedure - Hearing - Composition of the bench.	SUI-2018-2-002
1.5.1.1	Constitutional Justice - Decisions - Deliberation - Composition of the bench.	SUI-2018-2-002
1.5.4.7	Constitutional Justice - Decisions - Types - Interim measures.	RSA-2018-2-007
1.6.2	Constitutional Justice - Effects - Determination of effects by the court.	GER-2018-2-021, ISR-2018-2-003
1.6.5.5	Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect.	GER-2018-2-022, RSA-2018-2-005
2.1.1.1.1	Sources - Categories - Written rules - National rules - Constitution.	BEL-2018-2-006, ITA-2018-2-012, MDA-2018-2-005
2.1.1.4	Sources - Categories - Written rules - International instruments.	BRA-2018-2-007
2.1.1.4.4	Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.	BEL-2018-2-005, GER-2018-2-022, ITA-2018-2-012
2.1.1.4.6	Sources - Categories - Written rules - International instruments - European Social Charter of 1961.	ITA-2018-2-012
2.1.1.4.15	Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989.	ARG-2018-2-002
2.1.3.2.1	Sources - Categories - Case-law - International case-law - European Court of Human Rights.	BEL-2018-2-005, GER-2018-2-022, NED-2018-2-001
2.1.3.2.2	Sources - Categories - Case-law - International case-law - Court of Justice of the European Union.	ITA-2018-2-011
2.1.3.2.3	Sources - Categories - Case-law - International case-law - Other international bodies.	GER-2018-2-022
2.2.1.1	Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.	GER-2018-2-022
2.2.1.2	Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and legislative acts.	BRA-2018-2-007
2.2.1.6	Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.	ECH-2018-2-011, FRA-2018-2-011
2.2.1.6.1	Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions.	ITA-2018-2-011
2.2.1.6.4	Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and domestic non-constitutional instruments.	FRA-2018-2-011
2.2.1.6.5	Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law.	ECJ-2018-2-010
2.2.2.2	Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.	BRA-2018-2-005
2.3	Sources - Techniques of review.	BRA-2018-2-007
2.3.3	Sources - Techniques of review - Intention of the author of the enactment under review.	GER-2018-2-016
3.1	General Principles - Sovereignty.	HUN-2018-2-003
3.3	General Principles - Democracy.	MDA-2018-2-005
3.4	General Principles - Separation of powers.	CZE-2018-2-005, ISR-2018-2-003
3.5	General Principles - Social State.	GER-2018-2-014, GER-2018-2-016
3.6.1	General Principles - Structure of the State - Unitary State.	ITA-2018-2-010
3.6.2	General Principles - Structure of the State - Regional State.	ITA-2018-2-010
3.7	General Principles - Relations between the State and bodies of a religious or ideological nature.	BRA-2018-2-008
3.9	General Principles - Rule of law.	ECH-2018-2-009, MDA-2018-2-001, MDA-2018-2-005, MNE-2018-2-002, RSA-2018-2-007
3.10	General Principles - Certainty of the law.	ITA-2018-2-009, MNE-2018-2-002, UKR-2018-2-005
3.11	General Principles - Vested and/or acquired rights.	BEL-2018-2-006
3.12	General Principles - Clarity and precision of legal provisions.	ITA-2018-2-009, ITA-2018-2-011, RSA-2018-2-005
3.13	General Principles - Legality.	ISR-2018-2-003, ITA-2018-2-011, SUI-2018-2-002
3.14	General Principles - Nullum crimen, nulla poena sine lege.	ITA-2018-2-011
3.16	General Principles - Proportionality.	ECH-2018-2-009, GER-2018-2-015, GER-2018-2-018, GER-2018-2-019, GER-2018-2-022, ITA-2018-2-009, KGZ-2018-2-003, POR-2018-2-009, SLO-2018-2-002, SLO-2018-2-003, SUI-2018-2-003
3.17	General Principles - Weighing of interests.	FIN-2018-2-003, FRA-2018-2-013, GER-2018-2-018, GER-2018-2-019, GER-2018-2-022, ITA-2018-2-009, MDA-2018-2-004, MDA-2018-2-005, SUI-2018-2-003
3.18	General Principles - General interest.	GER-2018-2-015, GER-2018-2-018, GER-2018-2-019, ITA-2018-2-009, MDA-2018-2-001
3.19	General Principles - Margin of appreciation.	ECH-2018-2-008, ECH-2018-2-011, GER-2018-2-014, GER-2018-2-015, GER-2018-2-018, GER-2018-2-019, GER-2018-2-021, SUI-2018-2-002
3.20	General Principles - Reasonableness.	GER-2018-2-015, ITA-2018-2-009, NED-2018-2-001, RSA-2018-2-006
3.21	General Principles - Equality.	POR-2018-2-008
3.22	General Principles - Prohibition of arbitrariness.	RSA-2018-2-005, RSA-2018-2-006
4.3.4	Institutions - Languages - Minority language(s).	ITA-2018-2-010
4.4.3.3	Institutions - Head of State - Powers - Relations with judicial bodies.	CZE-2018-2-005
4.5.6	Institutions - Legislative bodies - Law-making procedure.	ISR-2018-2-003
4.5.8	Institutions - Legislative bodies - Relations with judicial bodies.	ISR-2018-2-003
4.5.11	Institutions - Legislative bodies - Status of members of legislative bodies.	UKR-2018-2-006, UKR-2018-2-008
4.6.9	Institutions - Executive bodies - The civil service.	AZE-2018-2-004, GER-2018-2-012, GER-2018-2-017
4.6.9.5	Institutions - Executive bodies - The civil service - Trade union status.	RSA-2018-2-010
4.7.1.1	Institutions - Judicial bodies - Jurisdiction - Exclusive jurisdiction.	HUN-2018-2-003
4.7.2	Institutions - Judicial bodies - Procedure.	MDA-2018-2-002
4.7.3	Institutions - Judicial bodies - Decisions.	MDA-2018-2-003, RSA-2018-2-007
4.7.4.1.1	Institutions - Judicial bodies - Organisation - Members - Qualifications.	KGZ-2018-2-001, KGZ-2018-2-004
4.7.4.1.2	Institutions - Judicial bodies - Organisation - Members - Appointment.	KGZ-2018-2-001
4.7.4.1.5	Institutions - Judicial bodies - Organisation - Members - End of office.	RSA-2018-2-009
4.7.4.3	Institutions - Judicial bodies - Organisation - Prosecutors / State counsel.	RSA-2018-2-009
4.7.8.2	Institutions - Judicial bodies - Ordinary courts - Criminal courts.	GER-2018-2-019
4.7.15.2.2	Institutions - Judicial bodies - Legal assistance and representation of parties - Assistance other than by the Bar - Legal assistance bodies.	KGZ-2018-2-004
4.8.1	Institutions - Federalism, regionalism and local self-government - Federal entities.	GER-2018-2-014
4.8.2	Institutions - Federalism, regionalism and local self-government - Regions and provinces.	ITA-2018-2-010
4.8.3	Institutions - Federalism, regionalism and local self-government - Municipalities.	BRA-2018-2-005
4.8.7.2	Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Arrangements for distributing the financial resources of the State.	GER-2018-2-014
4.8.7.3	Institutions - Federalism, regionalism and local self-government - Budgetary and financial aspects - Budget.	GER-2018-2-014
4.9.2	Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy.	SLO-2018-2-003
4.10.1	Institutions - Public finances - Principles.	GER-2018-2-014, KGZ-2018-2-003
4.10.2	Institutions - Public finances - Budget.	GER-2018-2-014
4.10.7.1	Institutions - Public finances - Taxation - Principles.	GER-2018-2-021
4.10.8	Institutions - Public finances - Public assets.	RSA-2018-2-007
4.11.1	Institutions - Armed forces, police forces and secret services - Armed forces.	ITA-2018-2-012
4.13	Institutions - Independent administrative authorities.	FRA-2018-2-011
4.15	Institutions - Exercise of public functions by private bodies.	POR-2018-2-009, RSA-2018-2-007
4.16.1	Institutions - International relations - Transfer of powers to international institutions.	HUN-2018-2-003
4.17.1	Institutions - European Union - Institutional structure.	HUN-2018-2-003
4.17.1.5	Institutions - European Union - Institutional structure - Court of Justice of the European Union.	FRA-2018-2-011
4.17.4	Institutions - European Union - Legislative procedure.	FRA-2018-2-011
5.1.1.3	Fundamental Rights - General questions - Entitlement to rights - Foreigners.	BRA-2018-2-006, FRA-2018-2-013
5.1.1.4.1	Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors.	ARG-2018-2-002
5.1.1.4.2	Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated.	GER-2018-2-022
5.1.1.4.3	Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees.	FRA-2018-2-012
5.1.1.4.4	Fundamental Rights - General questions - Entitlement to rights - Natural persons - Military personnel.	ITA-2018-2-012
5.1.1.5.2	Fundamental Rights - General questions - Entitlement to rights - Legal persons - Public law.	POR-2018-2-007
5.1.3	Fundamental Rights - General questions - Positive obligation of the state.	AUT-2018-2-003, CAN-2018-2-001, CAN-2018-2-002, ECH-2018-2-010, ECH-2018-2-012
5.1.4	Fundamental Rights - General questions - Limits and restrictions.	GER-2018-2-022
5.1.4.2	Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.	GER-2018-2-018, GER-2018-2-019, POR-2018-2-009
5.2.1.1	Fundamental Rights - Equality - Scope of application - Public burdens.	GER-2018-2-014, GER-2018-2-021
5.2.1.2	Fundamental Rights - Equality - Scope of application - Employment.	CAN-2018-2-001, CAN-2018-2-002, GER-2018-2-016, LTU-2018-2-005, MDA-2018-2-006
5.2.1.2.2	Fundamental Rights - Equality - Scope of application - Employment - In public law.	AZE-2018-2-004
5.2.1.3	Fundamental Rights - Equality - Scope of application - Social security.	GER-2018-2-014, GER-2018-2-015
5.2.2.1	Fundamental Rights - Equality - Criteria of distinction - Gender.	AUT-2018-2-003, CAN-2018-2-001, CAN-2018-2-002, ECJ-2018-2-008, HUN-2018-2-001, RSA-2018-2-005
5.2.2.2	Fundamental Rights - Equality - Criteria of distinction - Race.	CAN-2018-2-003, CRC-2018-2-002, RSA-2018-2-006
5.2.2.4	Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.	BRA-2018-2-006, HUN-2018-2-001
5.2.2.9	Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation.	MKD-2018-2-002
5.2.2.10	Fundamental Rights - Equality - Criteria of distinction - Language.	MDA-2018-2-005
5.2.2.11	Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.	TUR-2018-2-004
5.2.2.12	Fundamental Rights - Equality - Criteria of distinction - Civil status.	POR-2018-2-008
5.2.3	Fundamental Rights - Equality - Affirmative action.	RSA-2018-2-006
5.3.1	Fundamental Rights - Civil and political rights - Right to dignity.	BRA-2018-2-004, FRA-2018-2-013, HUN-2018-2-001, ITA-2018-2-009
5.3.2	Fundamental Rights - Civil and political rights - Right to life.	BRA-2018-2-004, IRL-2018-2-001, ITA-2018-2-009
5.3.3	Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.	IRL-2018-2-001
5.3.4	Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.	BRA-2018-2-004, NED-2018-2-004, RSA-2018-2-005, TUR-2018-2-004
5.3.5.1	Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.	CAN-2018-2-003, CZE-2018-2-005
5.3.5.1.2	Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.	GER-2018-2-022, KAZ-2018-2-001
5.3.5.1.3	Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial.	BEL-2018-2-007, BRA-2018-2-004
5.3.6	Fundamental Rights - Civil and political rights - Freedom of movement.	KAZ-2018-2-001
5.3.9	Fundamental Rights - Civil and political rights - Right of residence.	ROM-2018-2-004, SUI-2018-2-003
5.3.10	Fundamental Rights - Civil and political rights - Rights of domicile and establishment.	LTU-2018-2-003
5.3.12	Fundamental Rights - Civil and political rights - Security of the person.	POR-2018-2-009
5.3.13	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.	ECH-2018-2-008, ECH-2018-2-009, RSA-2018-2-005
5.3.13.1.1	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Constitutional proceedings.	MNE-2018-2-002
5.3.13.1.2	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings.	AZE-2018-2-003, ECH-2018-2-009, KAZ-2018-2-001, MNE-2018-2-002
5.3.13.1.3	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.	CZE-2018-2-005, ECH-2018-2-008
5.3.13.2	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.	FRA-2018-2-012, GER-2018-2-022, KGZ-2018-2-003, LAT-2018-2-007, LIE-2018-2-001, SLO-2018-2-003
5.3.13.3	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.	CZE-2018-2-005, ECH-2018-2-009, ECJ-2018-2-006, IRL-2018-2-002, KGZ-2018-2-003, LAT-2018-2-007, LIE-2018-2-001, MDA-2018-2-002, MDA-2018-2-003, MDA-2018-2-006, POR-2018-2-007, SWE-2018-2-002
5.3.13.3.1	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - “Natural judge”/Tribunal established by law.	SUI-2018-2-002
5.3.13.3.2	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - Habeas corpus.	BEL-2018-2-007, GER-2018-2-022
5.3.13.4	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Double degree of jurisdiction.	LIE-2018-2-001
5.3.13.6	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing.	IRL-2018-2-002, LAT-2018-2-007
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.	IRL-2018-2-002
5.3.13.13	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.	MDA-2018-2-002
5.3.13.14	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.	SUI-2018-2-002
5.3.13.15	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.	FIN-2018-2-004, FIN-2018-2-005, LAT-2018-2-007, NED-2018-2-001, NED-2018-2-002, SUI-2018-2-002
5.3.13.17	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.	CZE-2018-2-004
5.3.13.18	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.	BEL-2018-2-007, MDA-2018-2-003
5.3.13.19	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.	CZE-2018-2-004, ECH-2018-2-008
5.3.13.20	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle.	CZE-2018-2-005
5.3.13.27	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel.	ARG-2018-2-002, ECH-2018-2-008
5.3.13.27.1	Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel - Right to paid legal assistance.	BEL-2018-2-006, POR-2018-2-007
5.3.15	Fundamental Rights - Civil and political rights - Rights of victims of crime.	RSA-2018-2-005
5.3.16	Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law.	BIH-2018-2-002
5.3.18	Fundamental Rights - Civil and political rights - Freedom of conscience.	ECJ-2018-2-006
5.3.19	Fundamental Rights - Civil and political rights - Freedom of opinion.	GER-2018-2-018, GER-2018-2-019
5.3.20	Fundamental Rights - Civil and political rights - Freedom of worship.	BRA-2018-2-008, ECJ-2018-2-006, ECJ-2018-2-009, NED-2018-2-005
5.3.21	Fundamental Rights - Civil and political rights - Freedom of expression.	ECH-2018-2-012, FIN-2018-2-003, FRA-2018-2-009, GER-2018-2-013, GER-2018-2-018, GER-2018-2-019, LIE-2018-2-002, MDA-2018-2-004, MKD-2018-2-002, TUR-2018-2-006
5.3.22	Fundamental Rights - Civil and political rights - Freedom of the written press.	GER-2018-2-013, HUN-2018-2-002
5.3.23	Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.	FRA-2018-2-009, MDA-2018-2-004
5.3.24	Fundamental Rights - Civil and political rights - Right to information.	ECH-2018-2-012
5.3.27	Fundamental Rights - Civil and political rights - Freedom of association.	GER-2018-2-017, GER-2018-2-020, ITA-2018-2-012
5.3.28	Fundamental Rights - Civil and political rights - Freedom of assembly.	MKD-2018-2-002
5.3.29	Fundamental Rights - Civil and political rights - Right to participate in public affairs.	SLO-2018-2-003
5.3.31	Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.	HUN-2018-2-002, TUR-2018-2-006
5.3.32	Fundamental Rights - Civil and political rights - Right to private life.	AUT-2018-2-003, BRA-2018-2-004, ECH-2018-2-012, FIN-2018-2-003, HUN-2018-2-002, IRL-2018-2-001, ROM-2018-2-004, TUR-2018-2-004, TUR-2018-2-005
5.3.32.1	Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.	ECJ-2018-2-007, ECJ-2018-2-009, FIN-2018-2-003, FRA-2018-2-011, NED-2018-2-003
5.3.33	Fundamental Rights - Civil and political rights - Right to family life.	AZE-2018-2-003, ECH-2018-2-010, IRL-2018-2-001, ROM-2018-2-004, SUI-2018-2-003
5.3.33.1	Fundamental Rights - Civil and political rights - Right to family life - Descent.	POR-2018-2-008
5.3.35	Fundamental Rights - Civil and political rights - Inviolability of the home.	SLO-2018-2-002
5.3.38.1	Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law.	ITA-2018-2-011
5.3.39	Fundamental Rights - Civil and political rights - Right to property.	ECH-2018-2-011, GER-2018-2-015, LTU-2018-2-003, SRB-2018-2-002
5.3.39.3	Fundamental Rights - Civil and political rights - Right to property - Other limitations.	BEL-2018-2-004, BEL-2018-2-005
5.3.42	Fundamental Rights - Civil and political rights - Rights in respect of taxation.	GER-2018-2-021
5.3.44	Fundamental Rights - Civil and political rights - Rights of the child.	ARG-2018-2-002, CRC-2018-2-002, POR-2018-2-008, SUI-2018-2-003
5.3.45	Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.	CRC-2018-2-002, ITA-2018-2-010
5.4.2	Fundamental Rights - Economic, social and cultural rights - Right to education.	CRC-2018-2-002, FRA-2018-2-010
5.4.3	Fundamental Rights - Economic, social and cultural rights - Right to work.	ITA-2018-2-009, KGZ-2018-2-002, MDA-2018-2-001
5.4.4	Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.	GER-2018-2-016, KGZ-2018-2-002, MDA-2018-2-006, POR-2018-2-009, TUR-2018-2-005
5.4.6	Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.	ITA-2018-2-009, LTU-2018-2-004
5.4.7	Fundamental Rights - Economic, social and cultural rights - Consumer protection.	BRA-2018-2-007
5.4.9	Fundamental Rights - Economic, social and cultural rights - Right of access to the public service.	LTU-2018-2-005
5.4.10	Fundamental Rights - Economic, social and cultural rights - Right to strike.	GER-2018-2-017, ITA-2018-2-012
5.4.11	Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.	ITA-2018-2-012, RSA-2018-2-010
5.4.14	Fundamental Rights - Economic, social and cultural rights - Right to social security.	BRA-2018-2-006, UKR-2018-2-005, UKR-2018-2-007
5.4.16	Fundamental Rights - Economic, social and cultural rights - Right to a pension.	AZE-2018-2-004
5.4.17	Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.	BRA-2018-2-005, RSA-2018-2-008
5.4.18	Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.	UKR-2018-2-007
5.4.19	Fundamental Rights - Economic, social and cultural rights - Right to health.	ITA-2018-2-009

C. Alphabetical Index

Abolition, parliamentary immunity, People’s Deputy	UKR-2018-2-008
Abortion, comparative law	BRA-2018-2-004
Abortion, decriminalisation	BRA-2018-2-004
Abortion, difficult economic or social situation	BRA-2018-2-004
Abortion, legal time limit	BRA-2018-2-004
Access to courts, conditions	ECH-2018-2-009
Accused, right to conduct own defence	ECH-2018-2-008
Algorithms, basis, administrative decision	FRA-2018-2-011
Amnesty	CZE-2018-2-005
Amnesty, general, criminal procedure	CZE-2018-2-005
Amnesty, legal nature	CZE-2018-2-005
Amnesty, proclamation	CZE-2018-2-005
Appeal, inadmissibility, ratione valoris	ECH-2018-2-009
Armed forces, exclusion of right to strike	ITA-2018-2-012
Armed forces, trade unions, comprised solely of military personnel	ITA-2018-2-012
Arrest warrant, irregularity, reasoning, signature	BEL-2018-2-007
Association, prohibition	GER-2018-2-020
Asylum proceeding	LIE-2018-2-001
Attorney	MDA-2018-2-006
Auschwitz, concentration camp	GER-2018-2-018
Ban, broadcasting	MDA-2018-2-004
Bankruptcy procedure	MNE-2018-2-002
Bankruptcy trustee	MNE-2018-2-002
Bar association, members, qualification	KGZ-2018-2-004
Basic Law, openness to international law	GER-2018-2-017
Benefit, abolition, restriction	UKR-2018-2-007
Budget, federal, transfer payment, social security contribution	GER-2018-2-014
Burden of proof	CZE-2018-2-004
Burden of proof, reversal	CZE-2018-2-004
Business activity, limits, harm to safety, freedom and human dignity	ITA-2018-2-009
Capacity, legal	GER-2018-2-022
Capacity, mental	GER-2018-2-022
Cassation complaint, criminal case, refusal, reasoning	LAT-2018-2-007
Causal link	CZE-2018-2-004
Charter of Rights and Freedoms, principles of fundamental justice	CAN-2018-2-003
Charter of rights and freedoms, right to equality	CAN-2018-2-001, CAN-2018-2-002
Child, adoption	ARG-2018-2-002
Child, best interest, overriding nature	SUI-2018-2-003
Child, close personal relationship	SUI-2018-2-003
Child, parent, right to contact with child	SUI-2018-2-003
Child, superior interest	CRC-2018-2-002
Civil proceedings	MNE-2018-2-002
Civil proceedings, claim, admissibility threshold, ratione valoris	ECH-2018-2-009
Civil register, amendment	TUR-2018-2-004
Civil servant, discharge from post	GER-2018-2-012
Civil servant, right and obligation	GER-2018-2-017
Civil servant, right to strike, discrimination	GER-2018-2-017
Collegiality	LAT-2018-2-007
Community law, application, uniform, primacy	ECJ-2018-2-010
Community law, direct effect	ECJ-2018-2-010
Community law, primacy, limits to the independence of national procedure	ECJ-2018-2-010
Compensation for damage, limitation	BRA-2018-2-007
Complaint, administrative	LIE-2018-2-001
Concentration camp	GER-2018-2-019
Confinement	GER-2018-2-022
Conflict of interest, disqualification, reasoning	FIN-2018-2-004
Conflict of interest, non-disqualification, reasoning	FIN-2018-2-005
Constitution, federal and regional	BRA-2018-2-005
Constitutional Court, functioning, chamber, composition	SUI-2018-2-002
Constitutional court, subject of review, criminal conviction	GER-2018-2-018, GER-2018-2-019
Constitutional rights, third party effects	LIE-2018-2-002
Constitutionality	MNE-2018-2-002
Consumer protection, international treaty, conflict	BRA-2018-2-007
Contributory fee	GER-2018-2-021
Convicted person, media, information, anonymisation, request	ECH-2018-2-012
Court fees	KGZ-2018-2-003
Court proceeding	CZE-2018-2-005
Court, chamber, composition, disclosure	SUI-2018-2-002
Court, jurisdiction, constitutional issue	BRA-2018-2-005
Creditor, rights	BEL-2018-2-004
Criminal code, limitation period	ITA-2018-2-011
Criminal conviction, incitement of hatred and violence	GER-2018-2-018
Criminal conviction, incitement to hatred and violence	GER-2018-2-019
Criminal courts, sentence, margin of appreciation	GER-2018-2-018, GER-2018-2-019
Criminal law, VAT fraud	ITA-2018-2-011
Criminal procedure	CZE-2018-2-005
Criminal proceedings, fairness	ECH-2018-2-008
Criminal punishment, fine	GER-2018-2-019
Damages	CZE-2018-2-004
Damages, liability	CZE-2018-2-004
Data protection, unnecessary personal data, information concerning health	FIN-2018-2-003
Debt, recovery	BEL-2018-2-004
Decision, administrative, review	MDA-2018-2-003
Defence counsel, proceedings, criminal	ECH-2018-2-008
Democracy, "principle of participation", members of parliament	ISR-2018-2-003
Democracy, defence	MDA-2018-2-005
Detention, communication, restriction	FRA-2018-2-012
Detention, preventive	BRA-2018-2-004
Development plan, amendments	BEL-2018-2-005
Development plan, compensation	BEL-2018-2-005
Development planning, powers	IRL-2018-2-002
Disability, mental	GER-2018-2-022
Disability, persons, rights	GER-2018-2-022
Disabled person, benefit, right, foreigner	BRA-2018-2-006
Disciplinary proceedings, judge	MDA-2018-2-003
Discrimination, forms	CRC-2018-2-002
Discrimination, gender	AUT-2018-2-003, CAN-2018-2-001, CAN-2018-2-002
Dismissal	LIE-2018-2-002
Dispute, settlement, out-of-court	MDA-2018-2-002
Edict, order, President	CZE-2018-2-005
Education, religion, option	BRA-2018-2-008
Effective remedy, right to be informed	GER-2018-2-022
Emergency, assistance	CZE-2018-2-004
Employee, protection	GER-2018-2-016
Employment, conditions	MDA-2018-2-001
Employment, conditions, criteria	MDA-2018-2-006
Employment, contract, extension	GER-2018-2-016
Employment, contract, fixed-term	GER-2018-2-016
Employment, labour relations dispute	RSA-2018-2-008
Employment, temporary employment services	RSA-2018-2-008
Employment, temporary, duration	RSA-2018-2-008
Enforcement proceedings	SRB-2018-2-002
Entities, federal, Bundesagentur für Arbeit (Federal Employment Agency)	GER-2018-2-014
Environment, protection, risk absence	ECH-2018-2-011
Equality, fiscal	GER-2018-2-021
Equality, special burden, spouses	GER-2018-2-015
Erasure of search results	FIN-2018-2-003
EU, law, national implementation	ECH-2018-2-011
European Convention on Human Rights, guideline for the interpretation of the Basic Law	GER-2018-2-017
European Court of Human Rights, case-law, guideline for the interpretation of the Basic Law	GER-2018-2-017
European Union, Court of Justice, preliminary request, national court, obligation to refer	ITA-2018-2-011
European Union, financial interests of the Member State	ITA-2018-2-011
European Union, regulation, internal law, adaptation	FRA-2018-2-011
Euthanasia, active	LIE-2018-2-002
Evidentiary rule	CRC-2018-2-002
Extradition, condition	IRL-2018-2-001
Extradition, detention	IRL-2018-2-001
Extradition, effect on family life	IRL-2018-2-001
Extradition, receiving State, human rights situation	IRL-2018-2-001
Extradition, torture, danger	IRL-2018-2-001
Family law, child custody, judgment, execution	AZE-2018-2-003
Farm, agricultural	GER-2018-2-015
Farm, property, succession	GER-2018-2-015
Farm, transfer, mandatory	GER-2018-2-015
Fee, imposition	GER-2018-2-021
Fee, public broadcasting	GER-2018-2-021
Fee, service provided	GER-2018-2-021
Fine	BIH-2018-2-002
Fishing, economic activity	LTU-2018-2-004
Fishing, restriction	LTU-2018-2-004
Fishing, restriction, environment, protection	ECH-2018-2-011
Fishing, right	LTU-2018-2-004
Foreigner, disabled, allowance, right	BRA-2018-2-006
Fraternity, constitutional principle	FRA-2018-2-013
Freedom of assembly, peaceful	MKD-2018-2-002
Freedom of economic activity	GER-2018-2-016
Freedom of expression	MDA-2018-2-004
Freedom of expression, freedom to impart information	GER-2018-2-013, MKD-2018-2-002
Freedom of expression, limitation, public peace, disturbance	GER-2018-2-018, GER-2018-2-019
Freedom of occupation	GER-2018-2-016
Freedom to choose one’s profession, restriction, prohibition to practise	MDA-2018-2-006
Gender reassignment, legal conditions	TUR-2018-2-004
Gender, change, recognition	ECJ-2018-2-008
Gender, difference, biological	AUT-2018-2-003
Gender, identity	AUT-2018-2-003
General interest, agricultural policy objective	GER-2018-2-015
General interest, public peace	GER-2018-2-018, GER-2018-2-019
General interest, safety, psychiatric institutions	GER-2018-2-022
Genocide, Nazi, denial	GER-2018-2-018
Genocide, Nazi, trivialisation	GER-2018-2-019
Handcuffs, demonstration, peaceful, participants	MKD-2018-2-002
Health and safety offences, industrial plants, seizure, activities continuing	ITA-2018-2-009
Health, public, care system	BRA-2018-2-004
Higher education, law	KGZ-2018-2-001
Holding, agricultural, ownership	GER-2018-2-015
Holocaust, denial	GER-2018-2-018
Holocaust, trivialisation	GER-2018-2-019
Home, concept, respect, right	SLO-2018-2-002
Hospital, university	CZE-2018-2-004
Human life, prenatal stage	BRA-2018-2-004
Impairment, psychological	GER-2018-2-022
Information, accuracy	MDA-2018-2-004
Insolvency industry, transformation	RSA-2018-2-006
Institutional racism, indirect	CRC-2018-2-002
Interim order, execution	RSA-2018-2-007
International case-law, United Nations Special Rapporteur, torture and other cruel, inhuman or degrading treatment	GER-2018-2-022
Internet, anonymity, right	ECH-2018-2-012
Internet, data protection	ECJ-2018-2-007
Internet, fan page	ECJ-2018-2-007
Internet, right to be forgotten	ECH-2018-2-012
Internet, search engine	ECH-2018-2-012
Internet, social media, data, protection	ECJ-2018-2-007
Jewish persons, genocide	GER-2018-2-018, GER-2018-2-019
Judge, bias, indication, serious	NED-2018-2-001
Judge, impartiality, recusal	NED-2018-2-002
Judge, impartiality, recusal, abuse	NED-2018-2-001
Judge, on-call duty	GER-2018-2-022
Judge, recusal	NED-2018-2-001
Judge, recusal, appeal against judgment	NED-2018-2-002
Judgment, reasoning, absence	NED-2018-2-002
Judicial development of the law, limits	GER-2018-2-016
Judicial protection	CZE-2018-2-005, KAZ-2018-2-001
Judicial protection, right	MDA-2018-2-002
Judicial review, administrative decision	MDA-2018-2-003
Jurisdiction, United Patent Court	HUN-2018-2-003
Labour relations	RSA-2018-2-008
Land, agricultural	GER-2018-2-015
Land, decline in value, calculation method	BEL-2018-2-005
Language, official, use	MDA-2018-2-005
Law, desuetude	MDA-2018-2-005
Law, unconstitutionality, continued application	GER-2018-2-015
Law, unconstitutionality, declaration, competence	BRA-2018-2-005
Lawyer, choice, restriction	ECH-2018-2-008
Lawyer, national law, knowledge	ECH-2018-2-009
Legal aid, fixed-sum contribution	BEL-2018-2-006
Legal aid, free	BEL-2018-2-006
Legal aid, right to legal representation	LIE-2018-2-001
Legal assistance, right, standstill obligation	BEL-2018-2-006
Legal certainty	MNE-2018-2-002
Legal person, for-profit, legal protection, right	POR-2018-2-007
Legal person, register	LTU-2018-2-003
Legal person, registered office	LTU-2018-2-003
Legal profession, admission, refusal, reasons	MDA-2018-2-006
Legislative process, defect, judicial review	ISR-2018-2-003
Legislative process, fundamental principles, violation	ISR-2018-2-003
Legislative process, right to participate, members of parliamentary committee, infringement	ISR-2018-2-003
Liberty, deprivation	KAZ-2018-2-001
Liberty, deprivation and restriction, distinction	GER-2018-2-022
Limitation of right, justification	KAZ-2018-2-001
Mariage, gender change, impact	ECJ-2018-2-008
Marriage, constitutional protection	GER-2018-2-015
Mayor, remuneration	BRA-2018-2-005
Media, information, anonymisation	ECH-2018-2-012
Media, role in a democratic society	MDA-2018-2-004
Media, television, broadcasting	MDA-2018-2-004
Medical aid	CZE-2018-2-004
Medical assistance	CZE-2018-2-004
Medical malpractice	CZE-2018-2-004
Medical service	CZE-2018-2-004
Medical treatment	CZE-2018-2-004
Mental illness	GER-2018-2-022
Military service, obligation	LTU-2018-2-005
Minority, national, elements identifying, competence	ITA-2018-2-010
Minority, national, identification, exclusive purview, State legislator	ITA-2018-2-010
Movement	KAZ-2018-2-001
Name, change, foreign national	HUN-2018-2-001
National security	MDA-2018-2-001, MDA-2018-2-004
Natural environment	LTU-2018-2-004
Nazi, regime, tyranny and violence	GER-2018-2-018, GER-2018-2-019
Non-tax levy, justification	GER-2018-2-021
Notary, admission, limitation	KGZ-2018-2-002
Nuclear disaster, compensation	UKR-2018-2-007
Obligation, state, review and correct	CRC-2018-2-002
Offence, criminal	CZE-2018-2-005
Offence, criminal, future commission	CZE-2018-2-005
Ownership rights	LTU-2018-2-003
Pardon, legal nature	CZE-2018-2-005
Parent without custody rights, right of residence	SUI-2018-2-003
Parent, foreigner	SUI-2018-2-003
Parliamentary immunity, People’s Deputy, interference	UKR-2018-2-006
Passport, Pastafarianism	NED-2018-2-005
Paternity, contesting	POR-2018-2-008
Paternity, dispute, time limit	POR-2018-2-008
Paternity, disputed by husband	POR-2018-2-008
Patient	CZE-2018-2-004
Pay equity, assessment process	CAN-2018-2-002
Pay equity, predominantly female job classes	CAN-2018-2-001
Penalties, imposition, offender only	FRA-2018-2-010
Penalty, time-limit	CZE-2018-2-005
Pension, age, right, gender, distinction	ECJ-2018-2-008
Pension, eligibility	GER-2018-2-015
Pension, eligibility, Civil Service, branches	AZE-2018-2-004
Pension, farmer	GER-2018-2-015
Pension, insurance, compulsory	GER-2018-2-015
Pension, reform	GER-2018-2-015
Personal autonomy, exercise	BRA-2018-2-004
Personal data, automated processing	FRA-2018-2-011
Personal data, controller	ECJ-2018-2-009
Personal integrity, treatment, essence	BRA-2018-2-004
Personal liberty	KAZ-2018-2-001
Personal privacy, right	BRA-2018-2-004
Physical and psychological integrity, right, vulnerable person, protection	IRL-2018-2-001
Physical restraints, justification, danger to oneself or others	GER-2018-2-022
Physical restraints, patients, psychiatry	GER-2018-2-022
Physical restraints, use, judicial order, statutory basis	GER-2018-2-022
Physical restraints, use, judicial order, undue delay	GER-2018-2-022
Planning regulations	IRL-2018-2-002
Planning, regional	IRL-2018-2-002
Planning, strategic infrastructure development	IRL-2018-2-002
Police, physical force	MKD-2018-2-002
Politicians, criticism	TUR-2018-2-006
Polygraph test	MDA-2018-2-001
Positive obligation, information of family of victim	ECH-2018-2-010
Power of attorney	MNE-2018-2-002
Pregnancy, effect on poor women	BRA-2018-2-004
Prescription	RSA-2018-2-005
President	CZE-2018-2-005
Press article, title	HUN-2018-2-002
Principle of conformity of legal regulations	MNE-2018-2-002
Principle of the unity of the legal order	MNE-2018-2-002
Prison, sentence, execution	BIH-2018-2-002
Prisons, indigenous offenders, accuracy of information about offenders	CAN-2018-2-003
Procedure	MDA-2018-2-002
Prohibition on the retroactivity of harsher punishments of criminal law	ITA-2018-2-011
Property rights	SRB-2018-2-002
Property, value, decline	BEL-2018-2-005
Prosecutor general, appointment	RSA-2018-2-009
Prosecutor general, independence	RSA-2018-2-009
Prostitution	TUR-2018-2-005
Protection of privacy, right to erasure, right to be forgotten	FIN-2018-2-003
Psychiatric hospitals	GER-2018-2-022
Public broadcasting corporations	GER-2018-2-021
Public figure, personality rights	HUN-2018-2-002
Public finances, federal transfer payment	GER-2018-2-014
Public finances, non-tax levy, justification	GER-2018-2-014
Public finances, principles, equal burdening	GER-2018-2-014
Public finances, principles, purpose limitation	GER-2018-2-014
Public function	MDA-2018-2-001
Public opinion, forming	MDA-2018-2-004
Public service	LTU-2018-2-005
Punishment, criminal, prison sentence	GER-2018-2-018
Question subject to the jurisdiction of the courts	CZE-2018-2-005
Reasonableness, hardship, extreme	GER-2018-2-015
Referendum, dispute	SLO-2018-2-003
Referendum, government, role	SLO-2018-2-003
Religion, church, state, separation	BRA-2018-2-008
Religion, education, publicly funded school	BRA-2018-2-008
Religion, education, state neutrality	BRA-2018-2-008
Religion, preaching, door-to-door, data, registration	ECJ-2018-2-009
Religion, secularism, principle	BRA-2018-2-008
Religion, separation of church and State	BRA-2018-2-008
Religion, State, neutrality	BRA-2018-2-008
Religious rite, slaughter	ECJ-2018-2-006
Residence, permit, issue, renewal	SUI-2018-2-003
Restitutionary measures, rationality, arbitrariness	RSA-2018-2-006
Right of access to public function	MDA-2018-2-001
Right to appeal	SWE-2018-2-002
Right to property, restriction	BEL-2018-2-005
Roma community	SLO-2018-2-002
Rule, conflict of laws	BRA-2018-2-007
School grades	CRC-2018-2-002
Seclusion, patients, psychiatry	GER-2018-2-022
Sector, agricultural, structural reform	GER-2018-2-015
Secularism, education, public	BRA-2018-2-008
Security camera, motorist	NED-2018-2-003
Security profession, access, conditions	POR-2018-2-009
Sedation, patients, psychiatry	GER-2018-2-022
Senior citizens, former professional activity, privileges	UKR-2018-2-005
Sexual identity, self-determined, recognition	AUT-2018-2-003
Sexual offence, victim, harm	RSA-2018-2-005
Sexual offences, statute of limitation, equality	RSA-2018-2-005
Slaughter, ritual	ECJ-2018-2-006
Social assistance, discrimination, foreigner	BRA-2018-2-006
Social network, host, responsibility	ECJ-2018-2-007
Social security contribution, liability	GER-2018-2-014
Social security system, structural reforms	GER-2018-2-014
Social security, benefit, equality, foreigner	BRA-2018-2-006
Social welfare, benefit, unemployment	GER-2018-2-014
Sovereign debt, vulture funds	BEL-2018-2-004
Spatial planning, urban development plan	BEL-2018-2-005
Spouse, discrimination	GER-2018-2-015
Spouse, meaning	ROM-2018-2-004
Spouse, pension	GER-2018-2-015
Spouse, personal and economic choices	GER-2018-2-015
Spouse, property	GER-2018-2-015
Staff, medical	CZE-2018-2-004
State servants, competition, discrimination	LTU-2018-2-005
State, federal, public finances, expenditure, distribution	GER-2018-2-014
Statute of limitations	RSA-2018-2-005
Statutory basis, requirement, constitutional law	GER-2018-2-022
Sterilisation	TUR-2018-2-004
Substatutory, legal acts	LTU-2018-2-004
Supreme Court, Constitution, guardian	BRA-2018-2-005
Supreme Court, power to interpret Constitution, exclusive	BRA-2018-2-005
Tattoos, religious symbols, repatriation	NED-2018-2-004
Tax, burden, equality	GER-2018-2-021
Tax, residence tax	GER-2018-2-021
Teaching, private school, compulsory schooling, offence	FRA-2018-2-010
Terrorism, glorification	FRA-2018-2-009
Third party, rights, protection	IRL-2018-2-002
Time of imprisonment	CZE-2018-2-005
Time-limit	CZE-2018-2-005
Trade union, collective bargaining	RSA-2018-2-010
Trade union, in armed forces	ITA-2018-2-012
Transport, international, civil liability	BRA-2018-2-007
Transport, passenger, private	BRA-2018-2-007
Transsexual persons	TUR-2018-2-004
Treatment, unequal, justification, transitional measure	GER-2018-2-014
Treaty, international, law, conflict	BRA-2018-2-007
United Nations Convention on the Rights of Persons with Disabilities	GER-2018-2-022
Victim, damage, fair compensation	BRA-2018-2-007
Victim, deceased, obligation to inform family	ECH-2018-2-010
Warsaw Convention of 1929	BRA-2018-2-007
Wehrmacht (armed forces under the Nazi regime), exhibition	GER-2018-2-019
Whistle-blowing	LIE-2018-2-002
Workers, health, protection	ITA-2018-2-009
YouTube, audio file, publication	GER-2018-2-019