e-Bulletin on Constitutional Case-Law
2024/1

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.

If you wish to receive the e-Bulletin, please subscribe at the 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.

European Commission for Democracy through Law (“Venice Commission”)

October 2024

Albania

ALB-2024-1-001 a) Albania b) Constitutional Court c) Plenary d) 23.03.2023 e) 17 f) Limitation of the right to exercise the profession on the grounds of public interest (magistrate)
For magistrates, due to the function they perform in society, integrity is essential. Public trust in the institutions of justice does not only depend on their professionalism, but also on their moral integrity. Magistrates and candidates for magisterial office, who will soon become part of the justice system, must always behave with integrity and morals, to contribute to the increase of citizens'... Read more
3.18 General Principles - General interest
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession
3.10 General Principles - Certainty of the law
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms
4.7.4.1 Institutions - Judicial bodies - Organisation - Members
Magistrate, Right to profession / Magistrate, Criminal offence, Bar to appointment

Argentina

ARG-2024-1-001 a) Argentina b) Supreme Court of Justice of the Nation c) d) 20.02.2024 e) CSJ 003157/2015/RH001 f) Mercau, Maria del Rosario y Otro c. Municipalidad de Merlo s/ Acción Contencioso Administrativa
The decision that denied the compensation sought by the owners of a property that had been declared a Protected Natural Reserve by municipal ordinances, along with a prohibition of lotting and construction, is arbitrary since it dogmatically concluded that the ordinances were mere administrative restrictions and failed to consider that the limitations imposed were of such a nature and extent that ... Read more
2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution
4.7.16.1 Institutions - Judicial bodies - Liability - Liability of the State
5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.3.39.1 Fundamental Rights - Civil and political rights - Right to property - Expropriation
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
5.5.1 Fundamental Rights - Collective rights - Right to the environment
3.22 General Principles - Prohibition of arbitrariness
Natural reserve / Ordinance, Urban Municipality / Construction, Works, Prohibition

Austria

AUT-2024-1-001 a) Austria b) Constitutional Court c) d) 07.03.2024 e) E 2908/2023 f)
Article 30.1 of the Federal Act on Audiovisual Media Services implements the constitutional obligation to respect human dignity and the fundamental rights of others with regard to media service providers by making them responsible for their activities accordingly. Whether specific broadcast content meets these requirements must be determined by weighing up the freedom of expression and broadcastin... 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
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
3.18 General Principles - General interest
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.3.12 Fundamental Rights - Civil and political rights - Security of the person
Media, Audiovisual / Attack, Terrorist / Picture, Victim, Terrorist attack, Unidentifiable / Picture, Dead body, Assassin, Unidentifiable / Terrorist attack, Social media posts, Photos, Videos / Terrorist attack, Emergency services

Belgium

BEL-2024-1-001 a) Belgium b) Constitutional Court c) d) 19.10.2023 e) 135/2023 f)
A law which obliges the parties to an employment contract concluded before the law introduced a ceiling on remuneration to reduce the amount of remuneration provided for in that contract constitutes an unjustified interference with the worker's right to respect for his property if it does not contain reasonable transitional measures.
3.10 General Principles - Certainty of the law
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
5.4.8 Fundamental Rights - Economic, social and cultural rights - Freedom of contract
Legitimate hope, Principle, Protection / Legitimate expectation, Transitional provision / Remuneration, Reduction

BEL-2024-1-002 a) Belgium b) Constitutional Court c) d) 09.11.2023 e) 145/2023 f)
Where an indirect difference in treatment is based on disability, it must be based on particularly compelling reasons. However, the stricter application of the suspect criterion is offset by the fact that the legislature has broad discretion in socio-economic matters.
2.1.1.4.6 Sources - Categories - Written rules - International instruments - European Social Charter of 1961
3.16 General Principles - Proportionality
3.19 General Principles - Margin of appreciation
5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
Equality, Disability, Margin of appreciation / Equality, Disability, Suspect criteria / Electricity, Supply

BEL-2024-1-003 a) Belgium b) Constitutional Court c) d) 07.03.2024 e) 28/2024 f)
The right of access to the courts does not give rise to a right to institute or have instituted criminal proceedings before a Belgian criminal court for an offence committed outside Belgian territory by a person who is not a Belgian national against a Belgian national. The legislator may limit the possibility of such proceedings to certain serious offences and exclude the offence of rape.
5.2 Fundamental Rights - Equality
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
2.1.1.4 Sources - Categories - Written rules - International instruments
Criminal prosecution, Extraterritoriality / Criminal proceedings, In absentia / Criminal proceedings, Offence, Rape

BEL-2024-1-004 a) Belgium b) Constitutional Court c) d) 15.02.2024 e) 22/2024 f)
A time limit of one year for bringing an action to contest maternity, starting from the discovery of the false nature of maternal filiation is not compatible with the right to respect for private and family life. In legal proceedings to establish filiation, the right of each person to have his or her filiation established must, in principle, take precedence over the interests of family harmony and... Read more
3.17 General Principles - Weighing of interests
5.2 Fundamental Rights - Equality
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.33.1 Fundamental Rights - Civil and political rights - Right to family life - Descent
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Maternity, Right to contest / Privacy, Balancing rights and interests / Maternity, Dispute, Time limit / Identity, Right, Right to know one's ancestry / Family, Family harmony

BEL-2024-1-005 a) Belgium b) Constitutional Court c) d) 21.03.2024 e) 35/2024 f)
The law which, for the European elections, stipulates that the vote of sixteen and seventeen year-old voters is not compulsory, whereas it is for older voters, is discriminatory.
4.9.7.1 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Electoral rolls
4.17.1 Institutions - European Union - Institutional structure
5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote
1.6.2 Constitutional Justice - Effects - Determination of effects by the court
Elections, European Parliament / Elections, Minors, Right to vote / Election, Voting, Right, Obligation to vote

Bosnia and Herzegovina

BIH-2024-1-001 a) Bosnia and Herzegovina b) Constitutional Court c) Plenary d) 18.01.2024 e) U-21/23 f)
The wide scope of Article 280a of the Criminal Code of the Republika Srpska, which includes punishments in form of imprisonment for a variety of defamatory statements about the Republika Srpska is not proportionate to the aims for which it was enacted and interferes with the freedom of expression to an extent that is not necessary in a democratic society. Although the determination ... Read more
3.16 General Principles - Proportionality
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
3.19 General Principles - Margin of appreciation
4.2.1 Institutions - State Symbols - Flag
4.2.3 Institutions - State Symbols - National anthem
4.2.4 Institutions - State Symbols - National emblem
Defamation, Criminal / Defamation, Of the State / Defamation, Criminal, Sanction, Proportionality / Freedom of expression, Chilling effect

Bulgaria

BUL-2024-1-001 a) Bulgaria b) Constitutional Court c) d) 11.01.2024 e) 1/2024 f)
The renewal of the Constitutional Court is a constitutional imperative. The Constitution defines the beginning of the term of office and its exact duration. None of the institutions participating in the selection or appointment procedure shall be disqualified or avoid the constitutional obligation to participate in the renewal of the Court's membership at any three years. Along with the quota pri... Read more
1.1.2.4 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members
1.1.3.1 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Term of office of Members
Quota principle / Periodic renewal / Anti-deadlock, Mechanism

BUL-2024-1-002 a) Bulgaria b) Constitutional Court c) d) 08.02.2024 e) 3/2024 f)
The National Assembly is not automatically bound to approve any proposal to hold a national referendum. The proposal undergoes assessment within the scope of competence of the Parliament, which includes also compliance with the constitutional values and principles. The draft decision submitted without motives attached to it, contrary to the Rules of Procedure, is not unconstitutional if, judging ... Read more
1.3.4.6 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of referendums and other instruments of direct democracy
1.3.4.6.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of referendums and other instruments of direct democracy - Admissibility
4.9.7.3 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Ballot papers
4.17.2 Institutions - European Union - Distribution of powers between the EU and member states
Referendum on adoption of the euro

BUL-2024-1-003 a) Bulgaria b) Constitutional Court c) d) 02.04.2024 e) 6/2024 f)
The legal possibility for minors to marry by exception is not an element of the constitutionally protected core of marriage, therefore its repeal has no effect of a legal obstacle to the exercise of the freedom to marry, to the full implementation of the constitutional institution of marriage. Article 46.3 of the Constitution provides for the rulemaking competence of the current legislature in thi... Read more
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence
Legal certainty / Child marriage

Canada

CAN-2024-1-001 a) Canada b) Supreme Court c) d) 09.02.2024 e) 40061 f) Reference re An Act respecting First Nations, Inuit and Métis children, youth and families
The Act respecting First Nations, Inuit and Métis children, youth and families (hereinafter, the “Act”), enacted by the Parliament of Canada, is constitutionally valid as a whole. The essential matter addressed by the Act involves protecting the well‑being of Indigenous children, youth and families by promoting the delivery of culturally appropriate child and family services and, in so doing, adva... Read more
4.8.8.2.1 Institutions - government - Distribution of powers - Implementation - Distribution ratione materiae
5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights
Indigenous peoples, Child services, Jurisdiction / Constitution, Federal jurisdiction, Indigenous peoples, Child services

CAN-2024-1-002 a) Canada b) Supreme Court c) d) 28.03.2024 e) 39856 f) Dickson v. Vuntut Gwitchin First Nation
Section 32.1 of the Canadian Charter of Rights and Freedoms (hereinafter, “Charter”) identifies certain entities that are bound by the Charter. Section 15.1 provides that “everyone is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination”. Section 25 provides that the rights and freedoms guaranteed in the Charter “shall not be ... Read more
5.1.1 Fundamental Rights - General questions - Entitlement to rights
5.2.1 Fundamental Rights - Equality - Scope of application
5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights
Indigenous community, Councillor, Residency requirement / Indigenous community, Self-government, Charter of rights, Application / Self-governing Indigenous community, Right to equality, Individual member

CAN-2024-1-003 a) Canada b) Supreme Court c) d) 12.04.2024 e) 40153 f) Shot Both Sides v. Canada
Section 35.1 of the Constitution Act, 1982 accords constitutional status to existing Aboriginal and treaty rights and prevents them from abrogation by federal, provincial, or territorial law. However, Section 35.1 does not create a cause of action for breach of treaty rights. Treaty rights flow from the treaty, not the Constitution. Treaties are enforceable upon execution and give rise to actionab... Read more
5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights
Indigenous peoples, Treaty rights, Enforceability / Treaty breach, Cause of action / Treaty rights, Breach, Declaratory relief / Treaty rights, Limitation period

CAN-2024-1-004 a) Canada b) Supreme Court c) d) 26.04.2024 e) 39820, 39822, 40046, 40065, 40103 f) R. v. Edwards
The status of military judges as officers under the National Defence Act (hereinafter, “Act”) is not incompatible with their judicial functions for the purposes of Section 11.d of the Canadian Charter of Rights and Freedoms (hereinafter, “Charter”). Accused members of the Canadian Armed Forces who appear before military judges are entitled to the same guarantee of judicial independence and imparti... Read more
4.7.11 Institutions - Judicial bodies - Military courts
5.1.1.4.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Military personnel
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
Court martial, Judge, Independence, Impartiality / Independence, Judge, Military court / Impartiality, Judge, Military court / Military court, Constitutionality

Costa Rica

CRC-2024-1-001 a) Costa Rica b) Constitutional Chamber of the Supreme Court c) d) 16.04.2024 e) 2024-009962 f)
The State has the obligation not only to supervise all incarcerated individuals, it also owes protection to their right to life and their personal integrity. The latter includes physical, psychic and moral wellbeing. The right to personal integrity of Article 21 of the Constitution, and Articles 5 and 7 ACHR, protects all individuals from illegitimate attacks to their right to life from their cou... Read more
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.12 Fundamental Rights - Civil and political rights - Security of the person
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
5.3.25 Fundamental Rights - Civil and political rights - Right to administrative transparency
Imprisoned individuals, State protection at all times / Force on persons, Proportionality / Body camera devices, Keeps order, Incarcerated, Respect, Human dignity

Council of Europe

ECH-2024-1-001 a) Council of Europe b) European Court of Human Rights c) Fifth Section d) 08.02.2024 e) 3016/16 f) Bodgan v. Ukraine
Validity of waiver of the right to legal assistance signed by the applicant while in unrecorded detention and suffering from drug withdrawal symptoms: violation.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
Counsel, Right, Waiver / Detention, Right to a lawyer, Right to silence / Detention, Arbitrary / Right to a lawyer

ECH-2024-1-002 a) Council of Europe b) European Court of Human Rights c) Second Section d) 13.02.2024 e) 16760/22, 16849/22, 16850/22 et al f) Executief van de Moslims van België and Others v. Belgium
Decrees in Flemish and Walloon Regions prohibiting animal slaughter without prior stunning, while providing for reversible stunning in ritual slaughter: no violation.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
Animal, Ritual slaughter / Freedom of religion

ECH-2024-1-003 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 09.04.2024 e) 39371/20 f) Duarte Agostinho and Others v. Portugal and 32 Others (dec.)
Territorial jurisdiction of Portugal established in respect of complaints by a group of young Portuguese concerning the harm caused by climate change. Lack of extraterritorial jurisdiction of remaining respondent States: inadmissible
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Climate Change / Environment / Court, Territorial jurisdiction

ECH-2024-1-004 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 09.04.2024 e) 53600/20 f) Verein KlimaSeniorinnen Schweiz and Others v. Switzerland [GC]
Respondent State’s failure to comply with positive obligation to combat climate change: Article 8 ECHR applicable in respect of the applicant association; violation.
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Climate Change / Environment / Court, Territorial jurisdiction / Legal standing

ECH-2024-1-005 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 09.04.2024 e) 7189/21 f) Carême v. France (dec.) [GC]
Complaint by the former mayor of the municipality of Grande-Synthe of insufficient action by France to prevent climate change : inadmissible (incompatible ratione personae).
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
Legal standing / Climate Change / Locus standi, Victim status

ECH-2024-1-006 a) Council of Europe b) European Court of Human Rights c) First Section d) 02.05.2024 e) 35271/19 f) The J. Paul Getty Trust and Others v. Italy
Confiscation order issued by Italian authorities aimed at recovering from the Getty Museum in the US a bronze statue from the classical Greek period: no violation.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
Cultural heritage / Prescription, Acquisitive / Right to peaceful enjoyment of property

ECH-2024-1-007 a) Council of Europe b) European Court of Human Rights c) Fifth Section d) 16.05.2024 e) 34749/16, 79607/17 f) Domenjoud v. France
Preventive home-curfew orders constituting a restriction of liberty issued against applicants suspected of potential participation in violent actions during the COP21 summit and based on emergency regime declared following terrorist attacks: does not amount to a deprivation of liberty, but is not covered by the emergency derogation under Article 15 and breaching Article 2.3 Protocol 4 ECHR in the ... Read more
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
Emergency, State, Declaration / Deprivation of liberty / Freedom of movement

ECH-2024-1-008 a) Council of Europe b) European Court of Human Rights c) Fourth Section d) 21.05.2024 e) 44002/22 f) Dian v. Denmark (dec.)
Applicant convicted for begging in a pedestrian street in Copenhagen and sentenced to twenty days’ imprisonment: Article 8 ECHR inapplicable; inadmissible.
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
Begging / Begging, Right to private life

ECH-2024-1-009 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 11.06.2024 e) 32483/19, 35049/19 f) Nealon and Hallam v. the United Kingdom [GC]
Refusal of compensation for a miscarriage of justice, following quashing of applicants’ criminal convictions as “unsafe”, for failing to meet new statutory test: no violation.
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
Fundamental rights, Presumption of innocence / Innocence, Presumption

ECH-2024-1-010 a) Council of Europe b) European Court of Human Rights c) First Section d) 13.06.2024 e) 32312/23 f) Dániel Karsai v. Hungary
Impossibility for a terminally ill patient, suffering from an uncurable progressive neurodegenerative disease, to be assisted in dying, by virtue of a blanket and extraterritorial ban: no violation.
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
5.3.2 Fundamental Rights - Civil and political rights - Right to life
Suicide, Assisted

ECH-2024-1-011 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 25.06.2024 e) 20958/14, 38334/18 f) Ukraine v. Russia (re Crimea) [GC]
Administrative practices by Russian authorities predominantly in Crimea resulting in multiple European Convention on Human Right's violations, measures under Article 46 ECHR.
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
Court, Territorial jurisdiction / Administrative practice civilian, Killing / Arbitrary acts / Disappearance, Enforced, Generalised pattern

Croatia

CRO-2024-1-001 a) Croatia b) Constitutional Court c) d) 23.05.2023 e) U-I-242/2023 et al. f)
The repealed provisions of the Labour Act explicitly referred to freedom of association in trade unions as a basis for unequal treatment (discrimination) in the exercise of the constitutional right to earnings. They directly introduced unequal treatment between comparable groups of workers, since it could be established from the very provisions of the Labour Act that workers who are not members of... Read more
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.2.2 Fundamental Rights - Equality - Criteria of distinction
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions
Legitimate aim / Salary, Discrimination / Trade union, Membership, Discrimination / Trade union, Representativeness

CRO-2024-1-002 a) Croatia b) Constitutional Court c) d) 14.11.2023 e) U-III-1744/2023 et al. f)
The Decision of the City of Zagreb regulating the cash benefit for parents is a type of social policy measure referred to in Article 62 of the Constitution. The 2022 Amendments to the Decision changed the amount and shortened the duration of the benefit. Conducting the validity test of this interference with the right to the benefit of parents-beneficiaries, it was established that the interfere... Read more
1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi
3.4 General Principles - Separation of powers
3.5 General Principles - Social State
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
3.16 General Principles - Proportionality
3.19 General Principles - Margin of appreciation
4.8.8 Institutions - government - Distribution of powers
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
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
Constitutional complaint, Admissibility / Child benefit, Non-contributory / Local self-government, Social policy, Measure / Parent, Local social benefit / Quasi-retroactivity

CRO-2024-1-003 a) Croatia b) Constitutional Court c) d) 06.02.2024 e) U-I-4116/2023 et al. f)
The Constitution has entrusted the choice of the model of the electoral system to the legislator. The contested Act on Electoral Units for the Election of Members of the Croatian Parliament is part of the electoral system aimed at ensuring the efficient implementation of the electoral model already defined by the Act on the Election of Members of the Croatian Parliament. The contested Act prescrib... Read more
4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system
4.9.4 Institutions - Elections and instruments of direct democracy - Constituencies
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote
Election, Constituency, Boundary / Election, Constituency, Number of voters / Election, Constituency, Size / Election, Electoral register

CRO-2024-1-004 a) Croatia b) Constitutional Court c) d) 18.03.2024 e) U-VII-1263/2024 f)
Following the President of the Republic's statement that he will run in the called parliamentary elections, the President of the Republic has been timely warned that his candidacy on the list of any political party or independent list for the election of Members of the Croatian Parliament and his nomination as a candidate for Prime Minister is incompatible with the constitutional position and powe... Read more
3.3.3 General Principles - Democracy - Pluralist democracy
3.4 General Principles - Separation of powers
3.9 General Principles - Rule of law
4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
Election, Parliamentary, Candidate, Incompatibility / Election, Parliamentary, President of the Republic as a candidate, Condition / President, Political neutrality

Czech Republic

CZE-2024-1-001 a) Czech Republic b) Constitutional Court c) d) 24.04.2024 e) Pl. ÚS 52/23 f) Surgery including sterilisation as a condition for official sex change
Making a State-recognised gender reassignment conditional on a surgical procedure consisting of disabling the reproductive functions and the transformation of the sexual organs is contrary to the fundamental right of people seeking such reassignment to the protection of their bodily integrity and personal autonomy in conjunction with their human dignity under Article 7.1 of the Charter of Fundamen... Read more
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity
3.16 General Principles - Proportionality
Discrimination, Sex / Sex, Change, Confidentiality / Human dignity / Registry, Birth, Death / Personal identification number / Gender reassignment, Surgical procedure / Trans rights / Gender reassignment, Legal conditions / Gender reassignment, Sterilisation / Right to bodily integrity / Personal autonomy / Right to self-determination

European Union, Court of Justice

ECJ-2024-1-001 a) European Union, Court of Justice b) Court of Justice of the European Union c) d) 05.03.2024 e) C-588/21 f) Public.Resource.Org and Right to Know v. Commission e.a.
Law governing the institutions on the European harmonised technical standards on the safety of toys should be accessible to EU citizens.
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.25.1 Fundamental Rights - Civil and political rights - Right to administrative transparency - Right of access to administrative documents
European Union, Institution, Public right of access to documents / Procedure, Disclosure, Justification, Overriding public interest / Right to information, Exception

ECJ-2024-1-002 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 05.03.2024 e) C-755/21 f) Kočner v. Europol
Data processing: Europol and the Member State in which damage has occurred arising from unlawful data processing carried out in the context of cooperation between Europol and that Member State are to be jointly and severally liable for that damage.
3.26 General Principles - Fundamental principles of the Internal Market
4.6 Institutions - Executive bodies
4.6.10.1.2 Institutions - Executive bodies - Liability - Legal liability - Civil liability
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.3.36.2 Fundamental Rights - Civil and political rights - Inviolability of communications - Telephonic communications
European Union, Non-contractual liability, Conditions / European Union law, Protection of an individual's data / Personal data, Unlawful disclosure / Criminal proceedings, Europol, Cooperation with Member States ;

ECJ-2024-1-003 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 21.03.2024 e) C-61/22 f) Wiesbaden
The mandatory insertion in identity cards of two fingerprints is compatible with the fundamental rights to respect for private life and to protection of personal data.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Identity card, Biometric data, Storage / Fingerprint

ECJ-2024-1-004 a) European Union, Court of Justice b) Court of Justice of the European Union c) First chamber d) 25.01.2024 e) C-58/22 f) Request for a preliminary ruling from the Curtea de Apel Craiova (Court of Appeal, Craiova, Romania)
The Court clarifies the conditions under which a person who has been the subject of a decision by the public prosecutor's office to discontinue criminal proceedings may invoke the ne bis in idem principle. Further clarification of the 'bis’ and ‘idem’ conditions contributes to the gradual structuring of case law on cooperation in criminal matters.
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.25.1 Fundamental Rights - Civil and political rights - Right to administrative transparency - Right of access to administrative documents
Fundamental rights, Ne bis in idem principle, Conditions / Public prosecutor, Order, Adoption, Failure to examine the criminal responsibility of the person prosecuted / Public prosecutor, Criminal proceedings, Subsequent criminal proceedings for the same acts with a different legal classification

ECJ-2024-1-005 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 09.04.2024 e) C-582/21 f) Profi Credit Polska (Reopening of proceedings terminated by final decision)
Where an extraordinary legal remedy established by a national procedural provision allows an individual to seek the reopening of proceedings which have resulted in a final judgment by relying on a subsequent decision of the Constitutional Court of the Member State concerned finding that a provision of national law on the basis of which that judgment was given is incompatible with the Constitution ... Read more
2.2.1.6.5 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law
3.10 General Principles - Certainty of the law
4.17.2 Institutions - European Union - Distribution of powers between the EU and member states
National law, Procedural autonomy, Res judicata / Extraordinary appeal, Reopening / Union law, Effectiveness, Principle / Union law, Equivalence, Principle

ECJ-2024-1-006 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 08.02.2024 e) C-216/22 f) Bundesrepublik Deutschland (admissibility of a subsequent application )
A judgment of the Court of Justice can constitute a new element justifying a fresh examination of the substance of the asylum application.
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
National, Third country / Asylum, Applicant, Protection, International / Asylum, Application, Rejection / Subsequent application

Germany

GER-2024-1-001 a) Germany b) Federal Constitutional Court c) First Panel d) 21.11.2023 e) 1 BvL 6/21 f) Contergan II
Claims under social law only enjoy the constitutional protection of property if they constitute legal positions of financial value that are allocated exclusively to the rights holder for private benefit, are based on significant input by the rights holder, and serve to cover their basic needs. If a legislative measure both extends and restricts a legal position protected by Article 14.1 of the Ba... Read more
3.16 General Principles - Proportionality
3.18 General Principles - General interest
3.21 General Principles - Equality
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
Compensation, Claim / Property, Content and limits, Determination / Property, Guarantee, Scope / Thalidomide / Legitimate expectation, Protection, Principle / Disabled person, Benefit, Right, Foreigner / Disability, Benefit, Reduction / Compensation, Damage, Entitlement

GER-2024-1-002 a) Germany b) Federal Constitutional Court c) Third Chamber of the Second Panel d) 04.12.2023 e) 2 BvR 1699/22 f) Refusal to reopen criminal proceedings
A constitutional complaint lodged by an individual who had been convicted of murder and who had challenged the ordinary courts’ refusal to reopen criminal proceedings after the European Court of Human Rights had established a violation of the European Convention on Human Rights is successful. The right to a fair trial is violated if, based on objective criteria, there are well-founded doubts as t... Read more
3.9 General Principles - Rule of law
3.20 General Principles - Reasonableness
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
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
Bench, Composition / Criminal procedure, Reopening / European Convention on Human Rights, Violation, Ground for reopening proceedings / European Court of Human Rights, Judgment, Domestic case, Reopening / Judge, Challenge, Bias / Murder, Trial, Reopening

GER-2024-1-003 a) Germany b) Federal Constitutional Court c) Second Chamber of the First Panel d) 14.12.2023 e) 1 BvR 1889/23 f) Requirements for extended prohibition of contact between parent and child
A restriction or complete suspension of a parent’s right of contact with their child, which is protected by the first sentence of Article 6.2 of the Basic Law, may be considered if required for the protection of the child in order to avert a risk to its mental or physical development. In considering the affected fundamental rights positions, an expression of the child’s own wishes with regard to c... Read more
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
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
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
5.3.13.6 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to a hearing
Parent and child, Contact / Parent´s right of contact with their child / Orders prohibiting contact between parent and child / Child custody, Hearing / Best interest of the child / Child, Mental and physical development / Child, Welfare / Child, Risk of harm / Family court / Prohibition of contact, Temporary

GER-2024-1-004 a) Germany b) Federal Constitutional Court c) Third Chamber of the Second Panel d) 18.12.2023 e) 2 BvR 656/20; 2 BvR 1816/22; 2 BvR 1210/23 f) Notification of a trusted contact of a person in detention pending deportation
The fundamental right under Article 104.4 of the Basic Law requires courts that order detention for the purpose of deportation or transfer to notify a relative or a person enjoying the confidence of the person in custody. In any event, the court may not refrain from a notification without first informing a detained person, who is not represented by a lawyer, of the notification requirement and as... Read more
5.1.1 Fundamental Rights - General questions - Entitlement to rights
5.3.9 Fundamental Rights - Civil and political rights - Right of residence
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
Court, Duty to instruct / Deportation, Dention pending / Notification of third parties, Failure / Notification of third parties, Responsibility, Judge

GER-2024-1-005 a) Germany b) Federal Constitutional Court c) Second Panel d) 23.01.2024 e) 2 BvB 1/19 f) Exclusion of the party Die Heimat (previously NPD) from state funding
The standards developed regarding irremediable procedural obstacles in proceedings for the prohibition of a political party pursuant to Article 21.2 of the Basic Law (cf. Decisions of the Federal Constitutional Court 144, 20,159 ff. paragraph 404 ff.) also apply to proceedings for the exclusion of a political party from state funding pursuant to Article 21.3 of the Basic Law. The matters c... Read more
1.3.4.7.1 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Banning of political parties
3.3.1 General Principles - Democracy - Representative democracy
3.9 General Principles - Rule of law
4.5.10.2 Institutions - Legislative bodies - Political parties - Financing
Political parties, Opportunities, Equal / Political party, Hostility to human rights / Political party, Non-democratic / Political will, Formation / Public funds, Award, Political parties

GER-2024-1-006 a) Germany b) Federal Constitutional Court c) Second Panel d) 06.02.2024 e) 2 BvE 6/23, 2 BvR 994/23 f) Direct Elections Act 2018 - two percent threshold
The application for court proceedings between governmental bodies (Organstreit) and constitutional complaint challenging Germany’s act of approval for an amendment to the EU’s Direct Elections Act introducing a two percent threshold for European Parliament elections are dismissed.
3.3 General Principles - Democracy
4.5.10 Institutions - Legislative bodies - Political parties
4.16.1 Institutions - International relations - Transfer of powers to international institutions
4.17.1.1 Institutions - European Union - Institutional structure - European Parliament
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.3.41 Fundamental Rights - Civil and political rights - Electoral rights
Election, European Parliament / Election, Electorial threshold / Political party, Equal opportunities / Safeguarding the functionality of the parliament

GER-2024-1-007 a) Germany b) Federal Constitutional Court c) First Panel d) 09.04.2024 e) 1 BvR 2017721 f) Paternity challenges
The first sentence of Article 6.2 of the Basic Law does not purport to establish which persons may assert the fundamental right of parental care and assume parental responsibility or the possibilities that must be granted to parents to enable them to fulfil their responsibilities. These must be set out in the statutory law by the legislator, who in so doing must observe the defining structural ele... Read more
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Paternity challenge / Parental responsibility / Father, Biological / Father, Legally recognised / Social and family relationship with the child / Parental care, Right / Parents, Number

GER-2024-1-008 a) Germany b) Federal Constitutional Court c) First Chamber of the First Panel d) 11.04.2024 e) 1 BvR 2290/23 f) Prohibition of a critical statement about the Federal Government
The state is not entitled to protection of honour as afforded by fundamental rights law. It is true that generally state institutions may also enjoy protection from verbal attacks, given that a minimum level of societal acceptance is indispensable for them to fulfil their functions. However, protecting state institutions to this effect must not lead to shielding them from public – possibly even ha... Read more
2.3.1 Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion
3.17 General Principles - Weighing of interests
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
Administration, Proper functioning / Democracy, Constitutional, Freedom of expression, Value / Disparagement, Authorities / Government, Criticism / Interpretation, Contextual / Political criticism, Margin of tolerance / Reputation, Respect, Right / Social media platform, Freedom of expression / State, Protection of honour

Hungary

HUN-2024-1-001 a) Hungary b) Constitutional Court c) Plenary d) 16.01.2024 e) 5/2024. (II. 6.) AB f) Unconstitutionality of Sections 1, 2.1, 2.2, 2.4, 2.5, 3.1, 3.3.a, 7, 8.1, 10.3 and 18 of the Act on the Sustainable Development of Certain Elements of Cultural Heritage adopted by Parliament on 12 December 2023
The requirement of the rule of law is violated if a statutory provision authorises a ministerial decision that is discretionary, i.e. allows a complete and unlimited decision taken without any specific, substantive and objective criteria laid down by law, to derogate from the fundamental rules for the implementation of the guarantees of the Fundamental Law. The Act laying down special rules on th... Read more
1.1 Constitutional Justice - Constitutional jurisdiction
4.8.8 Institutions - government - Distribution of powers
5.4 Fundamental Rights - Economic, social and cultural rights
Cultural heritage / Cultural heritage, Preservation / Decree, Ministerial, Contrary to a statute / Derogation, Measures, Fundamental rights, Competence to prescribe

HUN-2024-1-002 a) Hungary b) Constitutional Court c) Five-member Panel d) 09.04.2024 e) 9/2024. (IV. 30.) AB f) Anullment with retroactive effect and on ban on application of Section 1.2a of Gov. Decree 287/2022 (VIII.4.) of 4 July 2007 on special rules to meet the needs for firewood during an emergency
In its examination of the constitutionality of the provisions of a special legal regime, the Constitutional Court examines the extent to which the provision is related to the purpose for which the special legal regime was introduced. A regulation which, for decades after the special legal regime has ceased to exist, continues to have an effect whose constitutionality could only have been justifi... Read more
1 Constitutional Justice
1.1 Constitutional Justice - Constitutional jurisdiction
1.1.1.1.4 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Rule issued by the executive
5.5.1 Fundamental Rights - Collective rights - Right to the environment
3.16 General Principles - Proportionality
Environment, Conservation / Environment, Right / Environment, Right to protection of a healthy environment / Environment, Government decision, Judicial review

HUN-2024-1-003 a) Hungary b) Constitutional Court c) Plenary Session d) 16.04.2024 e) 8/2024. (IV. 30.) AB f) Unconstitutionality and annulment of the second sentence of Section 1.4 of Act no. CVI of 2020 on Certain Trusts and on the Granting of Assets to Them
The legislature acts unconstitutionally when it interferes in long-term contractual relationships without demonstrating that the material change of circumstances is of a social scale and affects so many contracts in the same way that it cannot be dealt with by the courts in individual litigation but requires a general solution devised by the legislature.
1 Constitutional Justice
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State
Asset, Private property / Compensation / Compensation, Claim / Contract, Change by law

HUN-2024-1-004 a) Hungary b) Constitutional Court c) Five-member panel d) 03.05.2024 e) 3108/2024. (III. 22.) AB f) Annulment of a judicial decision
When confiscation is applied in a criminal proceeding, it is crucial to clarify how the ownership of the subject of the confiscation is determined, because the unencumbered owner is in some cases protected against confiscation. When deciding on the confiscation, the criminal court must clarify the identity of the owner and the existence or otherwise of the right of ownership. It is not, however, ... Read more
1.1 Constitutional Justice - Constitutional jurisdiction
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Right to property / Inheritance, Right, See also succession / Right to property, Limitations to right to property, Inheritance / Confiscation of assets, Criminal proceedings

Italy

ITA-2024-1-001 a) Italy b) Constitutional Court c) d) 28.09.2023 e) 183/2023 f)
The need to distance a child (or youth) from a painful past and to ensure that the adoptive parents, on whom a well-balanced upbringing now depends, will have the greatest possible peace and autonomy in which to educate their child, make the dissolution of existing relationships with members of the family of origin consistent, as a rule, with the goal of protecting the adoptee. Nonetheless, were ... Read more
1.2.3 Constitutional Justice - Types of claim - Referral by a court
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
1.5.2 Constitutional Justice - Decisions - Reasoning
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
2.3.5 Sources - Techniques of review - Logical interpretation
2.3.8 Sources - Techniques of review - Systematic interpretation
2.3.9 Sources - Techniques of review - Teleological interpretation
2.3.10 Sources - Techniques of review - Contextual interpretation
2.3.11 Sources - Techniques of review - Pro homine/most favourable interpretation to the individual
3.17 General Principles - Weighing of interests
3.20 General Principles - Reasonableness
5.1.1 Fundamental Rights - General questions - Entitlement to rights
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Adoption, Adoptive parents / Adoption, Social-emotional bonds / Adoption, Social and emotional ties with members of the family of origin

ITA-2024-1-002 a) Italy b) Constitutional Court c) d) 12.02.2024 e) 15/2024 f)
Where discriminatory conduct engaged in by the public authority was based not on a specific administrative measure but rather a regulatory instrument intended for application on an undefined number of occasions, the only way to prevent any repetition of the discrimination is to order the cancellation of the regulatory provision. Otherwise, the ordinary courts may have to keep ordering the public a... Read more
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
2.2.1.6.5 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law
4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction
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
Public authority, Conduct / National law, Disapplication

ITA-2024-1-003 a) Italy b) Constitutional Court c) d) 27.02.2024 e) 29/2024 f)
The legislature can lawfully restrict the number of persons on social security benefit due to the limited resources allocated to funding it, on condition that it meets European obligations. These obligations include ensuring equal treatment for Italian and European citizens as well as for third-country nationals who are long-term residents, in addition to upholding the principle of reasonableness.... Read more
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000
2.1.3.2.2 Sources - Categories - law - law - Court of Justice of the European Union
2.2.1.6.5 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law
3.5 General Principles - Social State
3.13 General Principles - Legality
3.16 General Principles - Proportionality
3.20 General Principles - Reasonableness
3.21 General Principles - Equality
4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction
5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - citizens with similar status
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.3.9 Fundamental Rights - Civil and political rights - Right of residence
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Social security, Benefit, Allocation, Limited resources / Permit, Family reasons / CJEU, Preliminary ruling / Long-term permit , Lack, Benefits, Entitlement

Kazakhstan

KAZ-2024-1-001 a) Kazakhstan b) Constitutional Court c) d) 25.09.2023 e) 30 f) Consideration of Article 13 of the Law on "social protection of citizens affected by nuclear tests at the Semipalatinsk nuclear test site", 18.12.1992, for compliance with the Constitution
According to obligations assumed under international treaties, the State shall provide age and gender sensitive assistance, without discrimination, including medical care, rehabilitation and psychological support to individuals under its jurisdiction who are affected by the use or testing of nuclear weapons, as well as provide for their social and economic inclusion, in accordance with applicable ... Read more
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
3.12 General Principles - Clarity and precision of legal provisions
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Social protection / Nuclear test / Social security / Equality / Discrimination

KAZ-2024-1-002 a) Kazakhstan b) Constitutional Court c) d) 27.10.2023 e) 34 f) Consideration of Part I of Article 608 of the Code on Administrative Offenses, 05.07.2014, for Compliance with the Constitution
The highest values of the State are the human beings, their life, rights and freedoms. No one has the right to endanger the lives of other persons, including by driving a vehicle as a source of increased danger. The Articles 21.1, 12.5, 14.1, 39.1 and 39.3 of the Constitution are important for the protection of public order, including in the field of road traffic, life, health, human rights and ... Read more
1.1.1.1.3 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Other legislation
1.2.2.1 Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person
1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms
1.3.4.7.2 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights
1.3.5.13 Constitutional Justice - Jurisdiction - The subject of review - Administrative acts
2.1.1.4.2 Sources - Categories - Written rules - International instruments - Universal Declaration of Human Rights of 1948
2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966
Driving offence / Driving while intoxicated / Traffic offence / Accident, Road traffic / Driving licence / Vehicle, Right to drive

KAZ-2024-1-003 a) Kazakhstan b) Constitutional Court c) d) 26.12.2023 e) ND 38 f) Consideration of Article 16.3.14 of the Law on the “Civil Service”, 23.11.2015, for compliance with the Constitution
The citizens of the Republic of Kazakhstan have an equal right of access to public service (Article 33.4 of the Constitution). The requirements for a candidate to the position of a civil servant are determined only by the nature of the official duties and are established by law. The Civil Service Act establishes an indefinite ban on the recruitment of persons dismissed for negative reasons from l... Read more
1.1.3.4 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Professional incompatibilities
3.12 General Principles - Clarity and precision of legal provisions
3.16 General Principles - Proportionality
4.11.2 Institutions - Armed forces, police forces and secret services - Police forces
5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service
Candidate, Office, Appointment, Civil servant / Public service, Access, Right / Civil servant, Dismissal, Procedure / Occupation, Admission, Restrictions

KAZ-2024-1-004 a) Kazakhstan b) Constitutional Court c) d) 19.04.2024 e) ND 41 f) Official Interpretation of Articles 25.1 and 26.3 of the Constitution
Ownership of legally acquired property, including the right to inheritance, is guaranteed by law to citizens of the Republic of Kazakhstan. No one may be deprived of his or her property except by a court decision. Compulsory expropriation of property for State needs is possible in exceptional cases provided for by law, provided equivalent compensation is offered (Article 26.1, 26.2 and 26.3 of the... Read more
1.1.3.4 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Professional incompatibilities
3.12 General Principles - Clarity and precision of legal provisions
3.16 General Principles - Proportionality
3.21 General Principles - Equality
4.8.6.3 Institutions - government - Institutional aspects - Courts
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
Property right / Right of ownership, Protection, Procedural succession / Real estate / Prosecutor, Appeal / Confiscation of a property / Fine, Right to property / Execution, Immovable property / Property, Confiscation, Court, Decision

KAZ-2024-1-005 a) Kazakhstan b) Constitutional Court c) d) 24.04.2024 e) ND 42 f)
Everyone has the right to judicial protection of his rights and freedoms (Article 13.2 of the Constitution). Everyone is equal before the law and the court. No one may be subjected to any discrimination on the grounds of origin, social, official and property status, sex, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances (Article 14.1 and 14.... Read more
1.4.11.6 Constitutional Justice - Procedure - Hearing - Address by the parties
3.12 General Principles - Clarity and precision of legal provisions
3.13 General Principles - Legality
3.21 General Principles - Equality
4.7.8.2 Institutions - Judicial bodies - Ordinary courts - Criminal courts
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms
5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle
Criminal courts, Sentence, Margin of appreciation / Appeal, Filing, Procedural safeguards / Accused, Rights, Defence / Equality of arms, Principle / Adversarial principle

KAZ-2024-1-006 a) Kazakhstan b) Constitutional Court c) d) 29.05.2024 e) 45 f) Interpretation of Paragraph 6 of the Operative Part of the Regulatory Resolution of the Constitutional Council, 6 March 1997 no. 3 on "Official Interpretation of Articles 4.1, 14.1.3, 77.3, 79.1 and 83.1 of the Constitution"
Paragraph 6 of the regulatory Resolution no. 3 of the Constitutional Council of 6 March 1997 on the "Official Interpretation of Articles 4.1, 14.1.3, 77.3, 79.1 and 83.1 of the Constitution must be understood as the exclusivity of the constitutional function of the Prosecutor's Office to represent the interests of the State in court when considering issues initiated by pre-trial investigation bod... Read more
3.12 General Principles - Clarity and precision of legal provisions
4.7.4.3.1 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers
4.6.6 Institutions - Executive bodies - Relations with judicial bodies
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
Pre-trial investigations / Investigating judge, Powers

KAZ-2024-1-007 a) Kazakhstan b) Constitutional Court c) d) 05.07.2024 e) 47 f) Consideration of Article 127.4 of the Criminal Procedure Code, 4 July 2014 for Compliance with the Constitution
The reservation regarding the decision to terminate criminal prosecution on the same suspicion has only legal significance in relation to paragraph 8 of Article 35.1 of the Criminal Procedure Code and should be applied in normative unity with this paragraph, which, along with other provisions of the Criminal Procedure Code, ensures compliance with the fundamental principles of criminal proceedings... Read more
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
4.7.8.2 Institutions - Judicial bodies - Ordinary courts - Criminal courts
4.7.3 Institutions - Judicial bodies - Decisions
4.7.2 Institutions - Judicial bodies - Procedure
5.2 Fundamental Rights - Equality
Criminal procedure, Guarantees / Pre-trial stages of criminal proceedings

KAZ-2024-1-008 a) Kazakhstan b) Constitutional Court c) d) 11.07.2024 e) 48 f) Consideration for Compliance with the Constitution of Article 72.8.1 of the Criminal Code, 3 July 2014
Article 72.8.1 of the Criminal Code, according to which conditional early release does not apply to persons whose death penalty has been commuted to imprisonment by way of a pardon or in connection with the application of the law abolishing the death penalty, is unconstitutional.
3.16 General Principles - Proportionality
3.21 General Principles - Equality
4.6.10.1.3 Institutions - Executive bodies - Liability - Legal liability - Criminal liability
5.2 Fundamental Rights - Equality
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees
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
Criminal courts, Sentence, Margin of appreciation / Prison, Early release, Conditional / Death penalty, Commuted to imprisonment / Life sentence, Early release

KAZ-2024-1-009 a) Kazakhstan b) Constitutional Court c) d) 23.07.2024 e) 49 f) Consideration of Article 91.2.11 of the Code dated 26 December 2011 on "Marriage and Family" with the Constitution
According to Article 27.1 of the Constitution, marriage and the family, maternity, paternity and childhood are protected by the State and are among the fundamental constitutional values. Article 91.2.11 of the Code dated 26 December 2011 on "Marriage (Matrimony) and Family" which includes a restriction for a person wishing to adopt a child on the basis of their sex does not meet the requirements ... Read more
3.21 General Principles - Equality
5.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
2.1.1.4.12 Sources - Categories - Written rules - International instruments - Convention on the Elimination of all Forms of Discrimination against Women of 1979
2.1.1.4.15 Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989
Equality, Marriage, Family life / Adoption, Adoptive parents / Equality between men and women / Adoption, Best interest of the child

KAZ-2024-1-010 a) Kazakhstan b) Constitutional Court c) d) 26.07.2024 e) 50 f) Consideration for Compliance with the Constitution of Article 616.1.13 of the Code dated 25 December 2017 on "Taxes and Other Obligatory Payments to the Budget" (Tax Code)
Article 616.1.13 in conjunction with 616.2 of the Tax Code, according to which certain groups of veterans and certain groups of persons with a disability or who are related to a person with a disability are exempt from the payment of state duty on all cases and documents at the cassation instance, is incompatible with Article 14 of the Constitution. The exemption from State duty payments in the c... Read more
3.21 General Principles - Equality
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 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
Social protection / Vulnerable persons, Persons with disabilities / Veterans / State duty payments, Exemption, Specific social group

Korea, Republic

KOR-2024-1-001 a) Korea, Republic b) Constitutional Court c) d) 26.05.2022 e) 2012Hun-Ba66 f) Criminally Punishing Strikes as Interference with Business
Article 314, Section 1 of the Criminal Act, which criminally punishes a strike as interference with business, does not violate either the void-for-vagueness doctrine under the nulla poena sine lege principle, or the principle of proportionality between criminal liability and punishment, and thus, does not infringe the right to collective action. While the justices in favour of partial unco... Read more
1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts
1.5.1.3.1 Constitutional Justice - Decisions - Deliberation - Procedure - Quorum
3.16 General Principles - Proportionality
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
5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike
5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions
Collective action, Right of worker / Collective refusal, Labor provision / Criminal punishment, Interference with business / Subsidiarity principle, Penal measure / Industrial action, By force

KOR-2024-1-002 a) Korea, Republic b) Constitutional Court c) d) 27.10.2022 e) 2021Hun-Ka4 f) Prohibiting Media Coverage of Identifiable Information of Child Abuse Offenders
In this case, the Court held that the part of Article 35.2 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes regarding “child abuse offenders” does not infringe freedoms of speech and the press and a citizen’s right to know. The relevant part provides that no employee of a broadcasting company, etc., shall, inter alia, broadcast personal information, etc. of ... Read more
3.16 General Principles - Proportionality
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
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Child abuse / Secondary victimization, Child victim / Private life, Exposure / Right to know, Citizen / Broadcasting, Identifiable information / Child protection, Healthy development

KOR-2024-1-003 a) Korea, Republic b) Constitutional Court c) d) 23.02.2023 e) 2020Hun-Ma460, 2020Hun-Ma862 (consolidated) f) Specific Crimes Aggravated Punishment Act Clause Providing Enhanced Punishment for Cases Involving School-Zone Traffic Accidents Resulting in Injuries or Deaths to Children
The Court rejected the claims of complainants, reasoning that their right to general freedom of action is not infringed by Article 5-13 of an Act on the Aggravated Punishment, etc. of Specific Crimes, which prescribes that, in a case involving a violation of the obligation to observe speed restrictions or drive safely in a school zone, such violation resulting in injury to a child shall be punishe... Read more
3.12 General Principles - Clarity and precision of legal provisions
3.14 General Principles - Nullum crimen, nulla poena sine lege
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Safe driving, Obligation / School zone / Child protection, Traffic accident / Duty of care, Driver / General freedom of action, Right / Principle of liability

Kosovo

KOS-2024-1-001 a) Kosovo b) Constitutional Court c) d) 25.01.2024 e) KO55/23 f) President of the Assembly - Assessment of the draft constitutional amendments
Concerns had arisen over the constitutionality of proposed amendments to the Constitution, regarding vetting in the judicial system, notably in terms of the separation of powers and judicial independence.
3.4 General Principles - Separation of powers
3.9 General Principles - Rule of law
4.7.4.1.5 Institutions - Judicial bodies - Organisation - Members - End of office
4.7.4.1.6.2 Institutions - Judicial bodies - Organisation - Members - Status - Discipline
4.7.4.1.6.3 Institutions - Judicial bodies - Organisation - Members - Status - Irremovability
4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel
4.7.4.3.4 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Term of office
4.7.4.3.5 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - End of office
4.7.12 Institutions - Judicial bodies - Special courts
Judicial appointment, Security vetting / Constitutional amendments, Constitutionality

KOS-2024-1-002 a) Kosovo b) Constitutional Court c) d) 23.01.2024 e) KO79/23 f) The Ombudsperson – Constitutional review of Law no. 08/L-196 on Salaries in the Public Sector
Concerns had arisen over the Law of Salaries, viewed in the context of the separation of powers, control and balance between them and the preservation of the independence of independent constitutional institutions, along with the rule of law and legal certainty, equality before the law and the protection of property.
3.4 General Principles - Separation of powers
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
3.16 General Principles - Proportionality
5.2 Fundamental Rights - Equality
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
5.3.39 Fundamental Rights - Civil and political rights - Right to property
4.6.9 Institutions - Executive bodies - The civil service
Civil servant, Salary, Reduction

KOS-2024-1-003 a) Kosovo b) Constitutional Court c) d) 04.03.2024 e) KI103/23 f) Constitutional review of Judgment (Arj. no. 116/2022), 9 March 2023 of the Supreme Court
Consumers were billed for the consumption of electricity in the four municipalities of the Republic of Kosovo, during the period from 6 February 2012 to 20 October 2017. This resulted in the unjust enrichment of the Energy Regulatory Office. It must therefore make compensation for the damage. Such billing practice is not authorised by law and amounts to unequal treatment of the citizens of the fou... Read more
1.2.1.3 Constitutional Justice - Types of claim - Claim by a public body - Executive bodies
1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions
5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning
5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection
5.2.1 Fundamental Rights - Equality - Scope of application
Constitutional court, Individual complaint, Admissibility / Discrimination, Electricity consumers

Liechtenstein

LIE 2024-1-001 a) Liechtenstein b) Constitutional Court c) d) 26.03.2024 e) StGH 2023/097 f)
A court-appointed expert has a duty to warn in the event of a considerable cost overrun. An undisputed advance on costs determined by the court is treated as a cost estimate.
3.22 General Principles - Prohibition of arbitrariness
1.4.14 Constitutional Justice - Procedure - Costs
Principle of equity and good faith

LIE 2024-1-002 a) Liechtenstein b) Constitutional Court c) d) 01.07.2024 e) StGH 2024/013 f)
Changing the modalities of a prison sentence from a suspended sentence to an immediately executable sentence requires detailed reasoning.
5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning
General prevention of crime

Lithuania

LTU-2024-1-001 a) Lithuania b) Constitutional Court c) d) 04.06.2024 e) KT47-N7/2024 f) Right of sentenced persons serving life sentences to short-term trips from the place where they are serving their sentences for important reasons
When regulating issues related to the enforcement of sentences, the legislature must observe, inter alia, the imperatives of proportionality and the equality of rights, arising from the Constitution; it must ensure the proper protection of human dignity as a constitutional value protected under the Constitution, inter alia, Article 21.2 and 21.3 thereof, as well as it may not unjusti... Read more
5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Equality / Right to dignity / Right to family life / Sentenced persons

Moldova, Republic of

MDA- 2024-1-001 a) Moldova, Republic of b) Constitutional Court c) d) 26.03.2024 e) JCC 9 f) Judgment on the constitutionality review of Law no. 280 amending the Electoral Code
The Court declared unconstitutional the ban on standing for election, applied to persons associated with political parties declared unconstitutional.
3.3.3 General Principles - Democracy - Pluralist democracy
3.24 General Principles - Loyalty to the State
4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
Democracy / Political party, Ban / Election, Candidate / Election, Candidate, Exclusion

MDA-2024-1-001 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 23.04.2024 e) 12 f) Judgment on the plea of unconstitutionality of Article 308/8 of the Civil Procedure Code
The one-year time limit for adjudicating the request for the establishment of judicial protection measures of a disabled person is declared unconstitutional.
3.9 General Principles - Rule of law
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Access to courts, Application of procedural law / Judicial protection of rights / Disabled person, Social assistance, Entitlement, Conditions / Disabled person, Care, Appropriate

North Macedonia

MKD-2024-1-001 a) North Macedonia b) Constitutional Court c) d) 28.02.2024 e) U.no.92/2023 f)
Legal provisions that require mandatory entry of person’s ethnic affiliation in the birth, marriage and death certificates and in the Registry of Births, Deaths and Marriages are unconstitutional because they violate the freedom of the individual, his/her private life and the right to protection of personal data.
2.1.1.4.16 Sources - Categories - Written rules - International instruments - Framework Convention for the Protection of National Minorities of 1995
3.9 General Principles - Rule of law
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
Ethnicity / Group, Ethnic / Identity, Ethnic / Self-identification / National or ethnic affiliation / Birth certificate / Death certificate / Marriage certificate / Registry of births, Marriages and deaths

Portugal

POR-2024-1-001 a) Portugal b) Constitutional Court c) Plenary d) 28.04.2018 e) 225/2018 f)
The norms contained in Articles 8.4, 8.10 and 8.11 of Law 32/2006 on Medically Assisted Procreation and, as a consequence, the norms contained in Article 8.2 and 8.3, in the part that allows for the entering into gestational surrogacy agreements on an exceptional basis and with prior authorisation; the norm contained in Article 8.8 in conjunction with Article 14.5, where it does not allow for the... Read more
1 Constitutional Justice
1.1 Constitutional Justice - Constitutional jurisdiction
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
3.12 General Principles - Clarity and precision of legal provisions
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.4.1 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity - Scientific and medical treatment and experiments
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.3.33.1 Fundamental Rights - Civil and political rights - Right to family life - Descent
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
5.2 Fundamental Rights - Equality
Data, Personal, Protection / Family life, Right / Family, 'peace of the family' / Family, Protection / Family, Protection, Constitutional / Fundamental rights / Fundamental right, Conflict / Fundamental right, Exercise / Fundamental rights not open to restriction, Limitation / Human dignity, Violation / Identity, Right

POR-2024-1-002 a) Portugal b) Constitutional Court c) Third Chamber d) 16.05.2019 e) 269/2019 f)
When implementing, through ordinary law, the so-called constitutional imperatives of protection, the legislator has, as a rule, a wide margin for assessing and adjusting the instruments chosen to achieve this goal. In terms of the infra-constitutional protection of the right to housing, this wide margin given to the ordinary legislator to shape its decisions has been emphasised on several occasion... Read more
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
1.6.8 Constitutional Justice - Effects - Influence on everyday life
5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing
Judicial deference / Housing, Lease, Notice, Delay / Tenancy, Legal regime

POR-2024-1-003 a) Portugal b) Constitutional Court c) Plenary d) 28.06.2022 e) 470/2022 f)
The requirement concerning the prior exhaustion of internal means which, in the case of a preliminary injunction to suspend the effectiveness of an election or resolution, expressly derives from the fact that they are "challengeable" acts (cf. Article 103-E(1) of the Constitutional Court Act) constitutes a corollary of the principle of minimum intervention. This principle of minimal intervention ... Read more
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
4.5.10 Institutions - Legislative bodies - Political parties
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity
4.9.15 Institutions - Elections and instruments of direct democracy - electoral procedures
Political party, Competition, Freedom / Preliminary injunction, Requirements / Principle of minimal intervention / Political party, Juridic protection

POR-2024-1-004 a) Portugal b) Constitutional Court c) 2nd Chamber d) 11.05.2023 e) 325/2023 f)
The interpretation and concrete application of the part of Article 152.1.b of the Criminal Code concerning the “dating relationship” is part of the ordinary task entrusted to criminal courts. The notion of “dating relationship” is not so broad that what it may entail becomes incomprehensible for any person of common sense and Article 152.1.b of the Criminal Code does not violate the principle of ... Read more
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
3.4 General Principles - Separation of powers
4.5.8 Institutions - Legislative bodies - Relations with judicial bodies
4.7.1 Institutions - Judicial bodies - Jurisdiction
5.3.12 Fundamental Rights - Civil and political rights - Security of the person
3.13 General Principles - Legality
3.10 General Principles - Certainty of the law
Separation of powers / Domestic abuse, Dating relationship / Domestic abuse, Marriage or civil union / Domestic abuse, Cohabitation

POR-2024-1-005 a) Portugal b) Constitutional Court c) 3rd Chamber d) 25.05.2023 e) 279/2023 f)
For preliminary injunctions regarding elections, as covered under Article 103-E of the Law of the Constitutional Court, the intervention of the Constitutional Court is only justified when there has been a serious breach of essential rules regarding the powers or the democratic functioning of the party. The election of the President of the Federation as a result of the resignation of the former pr... Read more
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
4.5.10 Institutions - Legislative bodies - Political parties
4.5.3.1 Institutions - Legislative bodies - Composition - Election of members
4.9 Institutions - Elections and instruments of direct democracy
5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity
Political party, Freedom of association / Deference, Judicial deference / Electoral Regulation on Presidents of the Federation and Delegates to the Congress of the Federation

POR-2024-1-006 a) Portugal b) Constitutional Court c) First Chamber d) 26.05.2023 e) 318/2023 f)
Reviewing the constitutionality of the legal interpretation adopted by the Supreme Court of Justice of Article 6-B(5)(d) of Law no. 1-A/2020, of 19 March, as amended by Law no. 4-B/2021, of 1 February based on a possible violation of the principle of legitimate expectations, would presuppose an evaluation of the interpretative process adopted by that court. The Constitutional Court is precluded ... Read more
1.1.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions
2.3.10 Sources - Techniques of review - Contextual interpretation
3.19 General Principles - Margin of appreciation
3.13 General Principles - Legality
3.10 General Principles - Certainty of the law
4.18 Institutions - State of emergency and emergency powers
COVID-19, Pandemic, Legislative response / Legal proceedings, Time limit, Suspension

Serbia

SRB-2024-1-001 a) Serbia b) Constitutional Court c) Grand Chamber d) 28.09.2023 e) Už-9731/2019 f)
The positive obligation of the state arising from the procedural guarantees of the right to life consists in the obligation of the competent state authorities to conduct an effective investigation regarding allegations that there has been a violation of the material aspect of the right to life.
5.3.2 Fundamental Rights - Civil and political rights - Right to life
Right to life, Procedural aspect, Investigation, Effective, Prompt.

Slovenia

SLO-2024-1-001 a) Slovenia b) Constitutional Court c) d) 01.06.2023 e) U-I-772/21 f)
The following minimum requirements on the material independence of judges derive from Article 125 of the Constitution: judges’ income must be such as to: - protect judges from pressures that could influence their decision-making; - it must be adequate to provide for their personal or family needs; - income must reflect the dignity of the judicial profession and be commensurate with the role of j... Read more
3.4 General Principles - Separation of powers
4.7 Institutions - Judicial bodies
5.2 Fundamental Rights - Equality
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
Judge, Independence, Financial / Judge, Independence, Remuneration / Judge, Material status / Judge, Salary, Independence / Judicial independence

Switzerland

SUI-2024-1-001 a) Switzerland b) Federal Court c) Court of Criminal Law d) 16.03.2023 e) 6B_777/2022 f) A. v. Office of the Public Prosecutor of the Republic and Canton of Geneva, B. and C.
Examination of the constituent elements of the offence of racial discrimination described in article 261bis.4 in fine of the Swiss Criminal Code, approached in the light of the principles governing freedom of expression, in the case of Holocaust denial comments made during a public performance by a comedian known in Switzerland in particular for his numerous criminal records, abroad, in the... Read more
3.16 General Principles - Proportionality
5.1.1 Fundamental Rights - General questions - Entitlement to rights
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Condamnation / Discrimination, Proposition / Genocide, Holocaust denial / Holocaust, Denial / Humorist, Discriminatory remarks / Mobile discriminatoire / Satire

SUI-2024-1-002 a) Switzerland b) Federal Court c) First Public Law Chamber d) 13.03.2023 e) 1C_537/2021 f) Democratic Lawyers of Switzerland (JDS) Basel regional group et al. v. Council of State of the Canton of Basel-Stadt
Articles 8.2, 10.2, 16, 27 and 36 of the Federal Constitution; Articles 8, 10 and 14 ECHR; compliance of a partial ban on begging with fundamental and human rights; abstract review of the law. Begging falls within the scope of protection of the fundamental right to personal freedom and the right to privacy. A partial ban on begging infringes these rights and must meet the relevant conditions. The... Read more
1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Begging, Aggressive / Begging, Right to privacy / Begging, Prohibition / Begging, Partial ban / Begging, Passive / Begging, Vulnerable / Free movement of people

Ukraine

UKR-2024-1-001 a) Ukraine b) Constitutional Court c) Second Senate d) 14.02.2024 e) 1-r(II)/2024 f) Conformity of Articles 321.2.2, 321.3 of the Commercial Procedure Code with the Constitution (constitutionality)
The provisions of Articles 321.2.2 and 321.3 of the Commercial Procedure Code are unconstitutional in that they make it impossible to: 1. file applications for review of a court decision in connection with the delivery of a judgment by the European Court of Human Rights after ten years from the date of entry into force of the national court decision; 2. renew the deadline for filing an applicatio... Read more
3.10 General Principles - Certainty of the law
3.13 General Principles - Legality
4.7.3 Institutions - Judicial bodies - Decisions
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
National Commercial Procedure Code, Constitutional compatibility / Res judicata

UKR-2024-1-002 a) Ukraine b) Constitutional Court c) Second Senate d) 20.03.2024 e) 2-r(II)/2024 f) Conformity of the provisions of Article 2 of the Law on “Measures for Legislative Support of the Pension System Reform” no. 3668-VI, 8 July 2011, first sentence of Article 67.3 of the Law on the “Status and Social Protection of Citizens Affected by the Chornobyl Disaster” no. 796-ХІI, 28 February 1991 with the Constitution (constitutionality)
Certain provisions of pension legislation, which affected the pensions of those affected by the Chernobyl disaster, were unconstitutional; they ran counter to the principles of certainty of the law and legitimate expectation.
4.5.2 Institutions - Legislative bodies - Powers
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
3.10 General Principles - Certainty of the law
Accident, Chernobyl nuclear plant / Pensions, Accident, Chernobyl / Legitimate expectations, Damage incurred

UKR-2024-1-003 a) Ukraine b) Constitutional Court c) Second Senate d) 26.03.2024 e) 3-r(II)/2024 f) Conformity of the specific provision of Section XII.7 “Final and Transitional Provisions” of the Law “On the Judiciary and the Status of Judges” no. 1402-VIII, 2 June 2016 with the Constitution (constitutionality)
The specific provision of Section XII.7 “Final and Transitional Provisions” of the Law on the “Judiciary and the Status of Judges” no. 1402–VIII, 2 June 2016, is unconstitutional to the extent that it establishes, for judges of the High Specialised Court of Ukraine for Civil and Criminal Cases, the High Commercial Court and the High Administrative Court, a different level of remuneration pending t... Read more
3.21 General Principles - Equality
4.7.4.1 Institutions - Judicial bodies - Organisation - Members
4.7.4.1.5 Institutions - Judicial bodies - Organisation - Members - End of office
Judicial remuneration, Material security

UKR-2024-1-004 a) Ukraine b) Constitutional Court c) First Senate d) 03.04.2024 e) 4-r(I)/2024 f) Conformity of Section I.2 of the Law on "Amendments to the Law on the “Status and Social Protection of Citizens Affected by the Chornobyl Disaster” regarding the increase of the level of pensions for certain categories of persons» no. 1584–IX, 29 June 2021, Article 54.3 of the Law on the “Status and Social Protection of Citizens Affected by the Chornobyl Disaster” no. 796–XII, 28 February 1991 with the Constitution (constitutionality)
Article 54.3 of the Law on the “Status and Social Protection of Citizens Affected by the Chernobyl Disaster” no. 796–XIII, 28 February 1991, as amended, is unconstitutional. It violates the adequate level of social protection and the state's fundamental obligation to compensate for damages caused to those affected by the disaster.
4.5.2 Institutions - Legislative bodies - Powers
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
3.5 General Principles - Social State
5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living
Injury or illness caused by the Chernobyl disaster / Disability pension, Adequacy / Damages, Compensation

UKR-2024-1-005 a) Ukraine b) Constitutional Court c) Second Senate d) 10.04.2024 e) 5-r(II)/2024 f) Conformity of the individual provision of Article 459.1 of the Criminal Procedure Code with the Constitution (constitutionality)
The individual provision of Article 459.1 of the Criminal Procedure Code whereby “court decisions that have entered into force may be reviewed due to newly discovered circumstances” is constitutionally compliant.
3.10 General Principles - Certainty of the law
3.13 General Principles - Legality
4.7.3 Institutions - Judicial bodies - Decisions
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
Circumstances, Newly discovered, Criminal case / Res judicata, Principle