e-Bulletin on Constitutional Case-Law
2023/3

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”)

July 2024.

Albania

ALB-2023-3-003 a) Albania b) Constitutional Court c) Plenary d) 23.01.2023 e) 1 f) Resolution of conflict between the parliament majority and minority
Exercising of the right of the parliamentary minority to file a case with the Constitutional Court on the incompatibility of the mandate of an MP in accordance with the provisions of Article 70.3 of the Constitution is not at the discretion of the Assembly. The Assembly only has the right to verify the formal criteria; it is the Constitutional Court which evaluates the merits of the case. A revers... Read more
3.3.1 General Principles - Democracy - Representative democracy
4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies
3.4 General Principles - Separation of powers
Parliamentary minority, Incompatibility, Mandate / Deputy, Mandate, Incompatibility

ALB-2023-3-004 a) Albania b) Constitutional Court c) Plenary d) 22.02.2023 e) 8 f) Repeal of a normative act with the force of law
Necessity and urgency are the only constitutional criteria that exceptionally justify the exercise of legislative power by the Council of Ministers under Article 101 of the Constitution, analysis of which should find a place both in the reports accompanying the normative act, and the documentation accompanying the approval of the ratifying laws. If analysis of these criteria is missing, the requir... Read more
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
4.5.7 Institutions - Legislative bodies - Relations with the executive bodies
4.6.2 Institutions - Executive bodies - Powers
3.4 General Principles - Separation of powers
3.22 General Principles - Prohibition of arbitrariness
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
Price monitoring board / Necessity, Urgency, International events

ALB-2023-3-005 a) Albania b) Constitutional Court c) Plenary d) 16.06.2023 e) 36 f) Review of ratifying law
The status of ratified international agreement is not equivalent to that of the ratifying law. They are separate legal acts. Constitutional jurisdiction includes the constitutional control of an international agreement only before ratification and not after it has become part of the internal legal order. However, the ratifying law is not excluded from constitutional control, a control which is exe... Read more
1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties
4.5.2.1 Institutions - Legislative bodies - Powers - Competences with respect to international agreements
Ratifying law / Agreement, Economic cooperation

ALB-2023-3-008 a) Albania b) Constitutional Court c) Plenary d) 27.12.2023 e) 69 f)
Provisions of the Civil Code which determine categories in the circle of testamentary heirs pose a substantive limit on the right of a testator to free disposal of property after death. Failure to provide for the possibility of disposing of property by will for the benefit of the surviving spouse, who should have a place in the circle of testamentary heirs equal to the place of children, along wit... Read more
3.16 General Principles - Proportionality
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
3.10 General Principles - Certainty of the law
Disposal by will / Legislative omission / Testamentary heirs, Spouse, Exclusion

ALB-2023-3-009 a) Albania b) Constitutional Court c) Plenary d) 27.12.2023 e) 70 f)
The reorganisation of judicial districts, achieved by reducing the number of courts of general jurisdiction and those of first instance administrative jurisdiction and by merging all courts of appeal into a single court, is a measure that has a direct impact on fundamental rights and freedoms. This measure fulfils the criterion of intervention provided it is done by law and in the public interest.... Read more
3.16 General Principles - Proportionality
4.7.4 Institutions - Judicial bodies - Organisation
4.7.15.1.4 Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Status of members of the Bar
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
3.17 General Principles - Weighing of interests
Judicial map / Judicial districts, Reorganisation / Territory, Courts, Competences

ALB-2023-3-006 a) Albania b) Constitutional Court c) Plenary d) 31.10.2023 e) 53 f) Court decision
Violation, even partial, of one of the owner's rights or one of the constituent elements of any ownership rights constitutes in itself a violation of the right to property in its entirety. The applicant, although his ownership title was not questioned, did not exercise any of the three ownership titles. The interpretation that the courts had made of the contract and the rights of the parties had l... Read more
1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
5.3.39.1 Fundamental Rights - Civil and political rights - Right to property - Expropriation
Interference / Property, Restitution, Compensation

ALB-2023-3-007 a) Albania b) Constitutional Court c) Plenary d) 14.11.2023 e) 59 f) Violation of the principle of legal certainty due to admission of recourse submitted out of time
The admission of recourse submitted out of time, unless the applicant can prove that he was effectively unable to familiarise himself with the decision of the Court of Appeal or the point at which he was effectively acquainted with its reasoning, violates the principle of legal certainty. The interpretation and stance of the High Court has led to extension of the time limit for the use of an ordin... Read more
1.4.4 Constitutional Justice - Procedure - Exhaustion of remedies
3.10 General Principles - Certainty of the law
1.4.3.3 Constitutional Justice - Procedure - limits for instituting proceedings - Leave to appeal out of time
Supreme Court, Recourse, Deadline

Argentina

ARG-2023-3-003 a) Argentina b) Supreme Court of Justice of the Nation c) d) 02.11.2023 e) CSJ 1156/2020/RH1 f)
In a case where girls of 14, 12 and 10 have been immersed in protracted parental conflict and lengthy court proceedings, a fresh judicial approach is needed if the mother is to ever to be able to reconnect with her daughters. Previous methodology has only served to reinforce the girls' reluctance to have any contact with her. A balance needs to be struck between the right of the children to be hea... Read more
2.1.1.4.15 Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989
3.17 General Principles - Weighing of interests
3.20 General Principles - Reasonableness
3.22 General Principles - Prohibition of arbitrariness
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Parental responsibility / Child, Best interests / Child, Right to be heard / Procedural law, Over-reliance

Armenia

ARM-2023-3-001 a) Armenia b) Constitutional Court c) d) 24.03.2023 e) DCC-1680 f) Constitutionality of the obligations prescribed by the Rome Statute of the International Criminal Court signed on 17 July 1998
Introduced and guaranteed by the Constitution, the system of criminal jurisdiction of the Republic of Armenia is designed to ensure the protection, among other values prescribed by the Constitution, also of “universal values” in the sense of the Preamble of the Constitution, which, in addition to being а primary constitutional imperative, is also an obligation for any State by jus cogens no... Read more
1.2.1.3 Constitutional Justice - Types of claim - Claim by a public body - Executive bodies
1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review
1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties
3.1 General Principles - Sovereignty
5.5.3 Fundamental Rights - Collective rights - Right to peace
International Criminal Court / International cooperation / Principle of complementarity / International crimes

Austria

AUT-2023-3-003 a) Austria b) Constitutional Court c) d) 05.10.2023 e) G 215/2022 f)
The requirement of independence as laid down in the Federal Constitutional Law of 10 July 1974 on Safeguarding the Independence of Broadcasting is intended to ensure that neither the state nor private actors can influence public broadcasting for their own purposes by influencing the governing bodies of the Austrian Broadcasting Corporation (Österreichischer Rundfunk – hereinafter, "ORF"). ... Read more
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
Public broadcasting corporations, Institutional composition / Principle of ensuring diversity / Independence from state intervention / Content, Diversity / Public broadcasting, State authority, Detachment

AUT-2023-3-004 a) Austria b) Constitutional Court c) d) 14.12.2023 e) G 352/2021 f)
Data stored on IT devices, e.g., on a mobile phone, may provide a comprehensive picture of the previous and current life of the owner. The seizure of such devices for evidentiary reasons therefore constitutes a serious interference with the owner’s right to respect for his private and family life as well as with his right to data protection. In view of the necessary prevention of abuse, effective... Read more
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
Data, Personal, Collecting, Processing / Privacy, Rights and interests, Balance

Belgium

BEL-2023-3-008 a) Belgium b) Constitutional Court c) d) 30.11.2023 e) 165/2023 f)
A law introducing a tax on boarding an aircraft is not incompatible with air carriers' freedom of enterprise if it strikes a fair balance between this freedom and the right to a healthy environment, to whose protection it is intended to contribute.
3.19 General Principles - Margin of appreciation
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
5.5.1 Fundamental Rights - Collective rights - Right to the environment
3.17 General Principles - Weighing of interests
Pollution, Polluting activity, Taxation

Bosnia and Herzegovina

BIH-2023-3-004 a) Bosnia and Herzegovina b) Constitutional Court c) Plenary d) 30.11.2023 e) AP-3852/21 f)
Lower instance courts did not arbitrarily apply law when they determined that the plaintiff had the right to receive the refund of the arrangement fee from the bank, because the bank failed to clearly demonstrate what these costs related to.
5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning
3.22 General Principles - Prohibition of arbitrariness
Fees for service provided / Bank, Loan, Fees

Brazil

BRA-2023-3-006 a) Brazil b) Supreme Federal Court c) d) 27.09.2023 e) Appeal 1017365 (RE 1017365) f) Demarcation of indigenous land
There is no need for a time frame as a parameter for the declaration of original territorial rights.
1.6.9.1 Constitutional Justice - Effects - Consequences for other cases - Ongoing cases
1.6.9.2 Constitutional Justice - Effects - Consequences for other cases - Decided cases
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities
5.5.1 Fundamental Rights - Collective rights - Right to the environment
5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights
Indigenous community / Indigenous lands, Demarcation, Reservation / Indigenous people, Collective territory / Indigenous people, Rights, Customs, Protection / Territory

BRA-2023-3-007 a) Brazil b) Supreme Federal Court c) d) 04.10.2023 e) Claim of Non-Compliance with a Fundamental Precept 347 (ADPF 347) f) The incarceration and an “unconstitutional state of affairs” in the Brazilian detention system and measures to end violations of human rights in prisons
There is a widespread infringement of fundamental rights in Brazilian prisons, given the systematic nature of prison overcrowding, which makes the guarantee of fundamental rights nearly unattainable. The Court recognised the unconstitutional state of affairs and established provisions to cease the violation of various human rights.
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest
Human right, Violation, State / Prison conditions / Prison treatment / Prison, Detainees, Rights / Prison, Prison treatment / Prison, Violence / Prisoner, Imprisonment, Detention conditions / Prisoner, Rights / Prisoner, Treatment, Inadequate conditions / Prohibition of torture and inhuman and degrading treatment

BRA-2023-3-008 a) Brazil b) Supreme Federal Court c) d) 05.10.2023 e) Extraordinary Appeal 842844 (RE 842844) f) Right of pregnant women hired for a fixed term or occupying a provisional position to maternity leave and provisional stability
Pregnant workers are entitled to maternity leave and provisional stability, regardless of the applicable legal regime, whether contractual or administrative, even if they occupy a provisional position or are hired for a fixed term.
5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Maternity leave / Maternity, Protection / Public employees / Labour, Contract / Labour, Rights

BRA-2023-3-009 a) Brazil b) Supreme Federal Court c) d) 18.10.2023 e) Claim of Non-Compliance with a Fundamental Precept (ADPF 1013) f) Obligation of the State to provide free public transportation on election days
The failure of the public authorities to provide free collective public transportation at a frequency consistent with that observed on regular working days in urban areas during the election days, is unconstitutional.
5.3.41.1 Fundamental Rights - Civil and political rights - Electoral rights - Right to vote
5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
Election, Conditions / Election, Democracy, Participatory / Election, Electoral right, Protection / Election, Equal voting power / Election, Principle of universal suffrage / Election, Voting right / Election, Equal opportunity

BRA-2023-3-010 a) Brazil b) Supreme Federal Court c) d) 14.12.2023 e) Direct Action of Unconstitutionality by Omission 20 (ADO 20) f) Paternity leave and legislative omission
The Constitution requires the adoption of a specific law that will determine the duration of paternity leave for urban and rural workers. The National Congress must address its omission on the matter.
3.4 General Principles - Separation of powers
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions
Parental leave / Parental leave, Duration / Paternity, Leave, Right / Legislative omission, Constitution, Violation

Bulgaria

BUL-2023-3-002 a) Bulgaria b) Constitutional Court c) d) 21.11.2023 e) 7 f)
In the centralised model of constitutional justice established in Bulgaria, the Constitutional Court is competent to establish that an act of the Parliament violates the principles, values, and provisions of the Constitution with an erga omnes legal effect and such decision of the Constitutional Court is final. Non-compliance, evasion or not exact fulfilment of an act of the Constitutional ... Read more
1.6.5.2 Constitutional Justice - Effects - Temporal effect - Retrospective effect (ex tunc)
1.6.6.1 Constitutional Justice - Effects - Execution - Body responsible for supervising execution
1.6.9 Constitutional Justice - Effects - Consequences for other cases
3.9 General Principles - Rule of law
Execution of judgements, Decisions / Legal effect of judgements, Decisions

BUL-2023-3-003 a) Bulgaria b) Constitutional Court c) d) 05.12.2023 e) 8 f)
Security services are directly related to public order even when provided by private persons. In a state that respects the rule of law, private bodies vested with public functions should keep high standards, guaranteeing the specific image with which these functions are associated with. The maintenance of public order cannot be provided with authority by private persons who are cloaked with doubt ... Read more
3.16 General Principles - Proportionality
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
Public order / Private entities with public functions / Licensing

BUL-2023-3-004 a) Bulgaria b) Constitutional Court c) d) 07.12.2023 e) 9 f)
The introduction of differential treatment by the law itself, as stated, does not violate the constitutional principle of equality, if the differentiation is based on a certain socially justified criterion that is clear and applicable equally to all individuals of one group of subjects. If the legal terms used do not bring about changes in the voting mechanism in such a way as to prevent the free... Read more
3.3.1 General Principles - Democracy - Representative democracy
3.21 General Principles - Equality
3.22 General Principles - Prohibition of arbitrariness
4.5.6.4 Institutions - Legislative bodies - making procedure - Right of amendment
Political equality / Machine voting

Canada

CAN-2023-3-006 a) Canada b) Supreme Court c) d) 13.10.2023 e) 40195 f) Reference re: Impact Assessment Act
Sections 91 and 92 of the Constitution Act, 1867, divide legislative powers between Canada’s federal Parliament and the provincial legislatures. The provisions of the Impact Assessment Act (hereinafter, the “IAA”), except for Sections 81 to 91, and the Physical Activities Regulations (hereinafter, the “Regulations”), which establish a federal environmental assessment scheme dealing with designated... Read more
3.4 General Principles - Separation of powers
4.8.8 Institutions - government - Distribution of powers
Environment, Assessment process, Projects / Environment, Protection, Federal jurisdiction / Constitution, Jurisdiction of federal government, Environment

CAN-2023-3-007 a) Canada b) Supreme Court c) d) 03.11.2023 e) 39935, 40093 f) R. v. Bertrand Marchand
The one-year mandatory minimum period of incarceration set out in Section 172.1.2.a of the Criminal Code for persons found guilty of the indictable offence of luring a child, and the six-month mandatory minimum sentence set out in Section 172.1.2.b for persons found guilty of the offence of luring punishable on summary conviction, are inconsistent with Section 12 of the Canadian Charter of Rights ... 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
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - penal measures
Charter of rights, Cruel and unusual punishment / Child luring, Mandatory minimum sentence / Sentence, Mandatory minimum, Constitutionality / Criminal punishment

CAN-2023-3-008 a) Canada b) Supreme Court c) d) 08.12.2023 e) 39915 f) Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment)
Section 23 of the Canadian Charter of Rights and Freedoms (hereinafter, the “Charter”) grants a defined category of Canadian citizens the right to have their children receive instruction in one of the two official languages where it is the minority language. Section 23 imposes positive obligations on the state and has three purposes: it is at once preventive, remedial and unifying. When parents no... Read more
5.1.1 Fundamental Rights - General questions - Entitlement to rights
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
Education in minority language, Right / Minority language, Right to education

Costa Rica

CRC-2023-3-005 a) Costa Rica b) Constitutional Chamber of the Supreme Court c) d) 07.12.2023 e) 2023-31756 f)
Performance of the right of indigenous people to consultation under the C169 ILO Convention must be genuine and in good faith. Parties to a consultation must conduct themselves thus. Consultations need to be flexible, informative and in pursuit of reaching an agreement; they should not be regarded as a mere formality. Public authorities must not be complicit in efforts to undermine the goals o... Read more
2.1.1.4 Sources - Categories - Written rules - International instruments
4.8.3 Institutions - government - Municipalities
5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin
5.2.3 Fundamental Rights - Equality - Affirmative action
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities
5.4.20 Fundamental Rights - Economic, social and cultural rights - Right to culture
5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights
Territory, Broader concept, Elements, Cultural, Ancestral, Spiritual / Indigenous people, Direct effect, Prior consultation

Council of Europe

ECH-2023-3-018 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 04.07.2023 e) 57292/16 f) Hurbain v. Belgium [GC]
Newspaper publisher ordered to anonymise the online archived version of a lawful article published twenty years earlier, on grounds of the “right to be forgotten” of the individual responsible for a fatal accident: no violation.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
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
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press
Internet, Right to be forgotten / Privacy, Right to be forgotten / Internet, Article, De-index, Obligation

ECH-2023-3-019 a) Council of Europe b) European Court of Human Rights c) Third Section d) 04.07.2023 e) 11519/20 f) Glukhin v. Russia
Unjustified processing of applicant’s personal biometric data by using highly intrusive facial recognition technology in administrative offence proceedings to identify, locate and arrest him: 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
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Facial recognition technology / Assembly, Notification, Obligation

ECH-2023-3-020 a) Council of Europe b) European Court of Human Rights c) Third Section d) 04.07.2023 e) 13258/18, 15500/18, 57303/18 et al f) B.F. and others v. Switzerland
Refusal of family reunification requests, for not fulfilling financial independence requirement, of provisionally admitted refugees fearing persecution because of their illegal exit from their country of origin: violation in respect of most applicants and no violation in respect of one of them.
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
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
Financial independence requirement / Family reunification

ECH-2023-3-021 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 26.09.2023 e) 15669/20 f) Yüksel Yalçınkaya v. Türkiye [GC]
Conviction for membership of an armed terrorist organisation based decisively on use of encrypted messaging application ByLock, without establishing offence’s constituent material and mental elements in an individualised manner violated Articles 6 and 7 ECHR.
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
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
3.14 General Principles - Nullum crimen, nulla poena sine lege
5.1.5 Fundamental Rights - General questions - Emergency situations
ByLock / Nullum crimen sine lege / Corpus delicti

ECH-2023-3-022 a) Council of Europe b) European Court of Human Rights c) Fourth Section d) 10.10.2023 e) 11214/19 f) Internationale Humanitäre Hilfsorganisation e. V. v. Germany
Proscription of applicant association, entailing its dissolution and asset confiscation, due to considerable financial donations to charitable societies linked to the terrorist organisation Hamas does not violate the European Convnetion on Human Rights.
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
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
Hamas / Palestine / Counter-terrorism, Database / Financing of terrorism

ECH-2023-3-023 a) Council of Europe b) European Court of Human Rights c) Fifth Section d) 16.10.2023 e) 3041/19 f) G.T.B. v. Spain
Failure to act with due diligence to assist a vulnerable minor, a Spanish national born abroad, to obtain birth registration not secured by his available parent, and consequently identity documents is a violation of the right to private life.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
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
Private life, Right / Woman, Private life, Child birth / Identity card, Refusal to deliver

ECH-2023-3-024 a) Council of Europe b) European Court of Human Rights c) First Section d) 23.11.2023 e) 50849/21 f) Wałęsa v. Poland
Reversal by Supreme Court’s Chamber of Extraordinary Review and Public Affairs of final civil defamation judgment in applicant’s favour taken ten years earlier, following Prosecutor General’s extraordinary appeal is a vilation of the right to an independent and impartial tribunal and legal certainty and a violation of the right to respect for private life due to the illegitimate reversal of the fi... 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
5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
Extraordinary appeal, Supreme Court / Independent tribunal / Judicial reforms in Poland / Res judicata

ECH-2023-3-025 a) Council of Europe b) European Court of Human Rights c) Third Section d) 17.11.2023 e) 21881/20 f) Communauté genevoise d'action syndicale (CGAS) v. Switzerland
Applicant association’s unjustified abandonment of authorisation request to hold a public event during COVID-19 related ban and to bring any other such request effects the applicant association’s victim status. A preliminary ruling on constitutionality in an ordinary appeal against a refusal to hold a public event based on a federal ordinance banning such events at the start of the COVID-19 pande... Read more
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
1.4.4 Constitutional Justice - Procedure - Exhaustion of remedies
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly
COVID-19 / Locus standi, Victim status

ECH-2023-3-026 a) Council of Europe b) European Court of Human Rights c) Third Section d) 18.11.2023 e) 3501/20, 45907/20 and 43128/21 f) Schmidt and Šmigol v. Estonia
Consecutive enforcement of disciplinary punishments and security measures in prison resulting in protracted periods of solitary confinement is incompatible with Article 3 ECHR.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
Administration, Prison, Discretion / Detention, Conditions, Isolation / Detention, Solitary confinement

ECH-2023-3-027 a) Council of Europe b) European Court of Human Rights c) Third Section d) 28.11.2023 e) 18269/18 f) Krachunova v. Bulgaria
Domestic courts’ dismissal of compensation claim of trafficking victim against her trafficker in respect of lost earnings from coerced prostitution did not strike a fair balance between the applicant's rights and the community’s interests.
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
5.3.5.2 Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour
Prostitution / Human trafficking, Prohibition

ECH-2023-3-028 a) Council of Europe b) European Court of Human Rights c) Third Section d) 14.12.2023 e) P16-2023-001 f) Advisory opinion as to whether an individual may be denied authorisation to work as a security guard or officer on account of being close to or belonging to a religious movement
Withdrawal of a security clearance to work as a guard from a person belonging to a "scientific Salafism" movement can be justified, provided that appropriate safeguards are in place.
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
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
Salafism / Balancing of interests, Proportionality, Justified interference / Freedom of religion

ECH-2023-3-029 a) Council of Europe b) European Court of Human Rights c) Grand Chamber d) 14.12.2023 e) 59433/18, 59477/18, 59481/18 et al f) Humpert and others v. Germany [GC]
Disciplinary sanctions on teachers with civil-servant status for participating during their working hours in strikes organised by their trade union, in breach of the constitutional ban on civil servants striking were proportionate, considering the important legitimate aims pursued and the thorough balancing exercise by domestic courts.
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
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike
4.6.9 Institutions - Executive bodies - The civil service
Civil service, Right to strike

Croatia

CRO-2023-3-007 a) Croatia b) Constitutional Court c) d) 06.02.2024 e) U-I-1621/2023 f)
The right to strike is a constitutional right and can only exceptionally be restricted by law, in accordance with Article 16.1 of the Constitution. The delegation of legislative authority to an employer who can adopt a general act or to a collective agreement for employees is not in accordance with Article 3 of the Constitution, including the principle of the rule of law as the highest value of t... Read more
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
3.12 General Principles - Clarity and precision of legal provisions
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
1.3.4.11 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of constitutional revision
Radio and television, Limits to strikes / Strike, Restriction in public services / Legislator, Delegation of legislative authority, Employer / Legislator, Delegation of legislative authority, Collective agreement

CRO-2023-3-008 a) Croatia b) Constitutional Court c) d) 06.02.2024 e) U-I-3291/2023 et al. f)
Articles 57 and 70 of the Retail Act, as well as Article 12 of the 2023 Act on Amendments to the Retail Act do not impose an excessive burden on any of its addressees and are proportionate. The statutory measure of limiting the working hours of retail facilities on Sundays and public holidays does not constitute an excessive burden on retailers as economic entities, workers employed in the retail... Read more
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
Commerce, Opening hours, Sunday / Rights of workers, Protection / Trade, Regulation / Working time, Standard, Exception

Czech Republic

CZE-2023-3-005 a) Czech Republic b) Constitutional Court c) Senate d) 15.11.2023 e) III. ÚS 1068/22 f) Judicial protection of a disabled pupil in access to basic education
In assessing whether a school has taken reasonable steps to ensure that a disabled person receives a free education, general courts must first consider whether these steps have enabled the person concerned to exercise their right to free education on an equal basis with others. Only if the general courts conclude that reasonable measures have not been taken by the educational establishment in ques... Read more
2.1.1.4.15 Sources - Categories - Written rules - International instruments - Convention on the Rights of the Child of 1989
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
Primary education / School, Financial support / Schoolchild, Disability, Educational institution, Access / Government, Educational programme, Financial assistance / Discrimination, Addressing, Appropriate measures / Convention on the Rights of Persons with Disabilities

CZE-2023-3-006 a) Czech Republic b) Constitutional Court c) Senate d) 15.11.2023 e) I. ÚS 1534/23 f) Right of a victim of offence committed by public official to be notified on the possibility to claim compensation
Victims of crimes must be notified by law enforcement authorities regarding the possibility of claiming compensation for damages caused by a decision or an unlawful administrative procedure during the exercise of public authority. Victims are to be instructed on the procedure for lodging claims as soon as facts come to light suggesting that a criminal offence may have been committed by an official... Read more
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime
5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State
Good conduct and morality, Requirement / Limitation period, Civil law / Criminal law, Limitation period / Criminal proceedings, Victim, Prior complaint / Victim, Right, Compensation / Information, Possible Compensation Claim

Estonia

EST-2023-3-003 a) Estonia b) Supreme Court c) Constitutional Review Chamber d) 22.06.2023 e) 5-23-6 f) Review of the constitutionality of the Aliens Act and Minister of the Interior Regulation no. 7 concerning application for a temporary residence permit
The absence of a legal basis for granting a temporary residence permit to an adult child to settle with a parent in need of care residing in Estonia on the basis of a long-term resident’s residence permit is not contrary to the Constitution. The Aliens Act contains grounds which, in extraordinary circumstances, will allow an adult child who is a foreigner to live or stay in Estonia to look after a... Read more
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.2 Fundamental Rights - Equality
5.3.9 Fundamental Rights - Civil and political rights - Right of residence
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Foreigner, Family reunion / Foreigner, Residence permit

EST-2023-3-002 a) Estonia b) Supreme Court c) Constitutonal Review Chamber d) 20.06.2023 e) 5-23-16 f) Review of the constitutionality of provisions denying access to the internet for foreigner staying in the detention centre
The state has an obligation to ensure the possibility of using public communication channels in detention centres. This includes access to the internet. This right can be restricted but as a general rule, a foreigner in a detention centre has the right to use public communication channels or means of communication. Therefore, the government does not have a right to impose a general ban on the use ... Read more
4.6.3.2 Institutions - Executive bodies - Application of laws - making powers
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.3.24 Fundamental Rights - Civil and political rights - Right to information
Detention, Communication, Restriction

EST-2023-3-004 a) Estonia b) Supreme Court c) Constitutional Review Chamber d) 22.06.2023 e) 5-23-31 f) Constitutional review of resolutions of the Riigikogu (Parliament) regarding procedural rules (complaints of the members of Riigikogu against resolutions of Riigikogu)
One of the legitimate aims of restricting the rights of members of parliament is the efficient working of parliament. The submission of large numbers of procedural questions and interpellations must not be allowed to paralyse parliament to the extent that it can no longer perform its constitutional functions.
4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure
4.5.6.1 Institutions - Legislative bodies - making procedure - Right to initiate legislation
Parliament, Ability to function, Protection

European Union, Court of Justice

ECJ-2023-3-016 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 05.12.2023 e) C-128/22 f) Nordic Info
COVID-19: the Court validates certain travel bans and testing and quarantine obligations during the health crisis.
3.16 General Principles - Proportionality
3.20 General Principles - Reasonableness
3.22 General Principles - Prohibition of arbitrariness
4.18 Institutions - State of emergency and emergency powers
5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - citizens with similar status
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
Union citizenship, Free movement and residence within the territory of member states, Exit and entry, Right / National regulations, COVID-19, Limitations on the right of exit and entry, Public health, Public order.

ECJ-2023-3-017 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 28.11.2023 e) C-148/22 f) Commune d'Ans
Wearing of religious symbols in the workplace: a public administration may decide to prohibit all of its employees from wearing such signs.
3.16 General Principles - Proportionality
5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment
5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
Religion, Headscarf, Religion, Employment / Prohibition, Workplace, Public sector / Neutrality policy, Contacts, Public, Hierarchy, Colleagues.

ECJ-2023-3-018 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 21.12.2023 e) C-261/22 f) GN (Ground for refusal based on the best interests of the child)
European arrest warrant: the surrender of a requested person cannot be refused on the sole ground that she is the mother of young children.
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
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
European Arrest Warrant, Surrender procedures between Member States, young child, Mother / Surrender / Child, Best interest

ECJ-2023-3-019 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 21.12.2023 e) C-281/22 f) G. K. and Others (European Public Prosecutor's Office)
European Public Prosecutor's Office: the Court clarifies the exercise of judicial review of cross-border investigation measures by national courts.
3.10 General Principles - Certainty of the law
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
European public prosecutor's office, Cross-border investigations/ / Search and confiscation, Judicial assessment, Scope.

ECJ-2023-3-020 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 21.12.2023 e) C-488/21 f) Chief Appeals Officer and others
Free movement: the mother of an EU migrant worker may, where she is dependent on that worker, apply for social assistance without that application calling her right of residence into question.
5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - citizens with similar status
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
5.3.9 Fundamental Rights - Civil and political rights - Right of residence
Union citizenship, Free movement and residence within the territory of the Member States, Right / / Social assistance, Beneficiaries, Dependent family member, Direct ascendant.

ECJ-2023-3-021 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand chamber d) 21.12.2023 e) C-718/21 f) Krajowa Rada Sądownictwa (Retention of a judge)
Polish judicial system: an adjudicating panel of the Extraordinary Review and Public Affairs Chamber of the Supreme Court does not constitute an independent and impartial tribunal previously established by law.
4.7.1 Institutions - Judicial bodies - Jurisdiction
4.7.4.1.5 Institutions - Judicial bodies - Organisation - Members - End of office
4.17.2.1 Institutions - European Union - Distribution of powers between the EU and member states - operation between EU institutions and member States
5.3.13.14 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
Judges, Judicial reforms, Poland, National Council of the Judiciary / / Judge, Retirement age, Exercising judicial functions beyond retirement age, Declaration, Authorization / / Preliminary questions, Referral to the Court, Jurisdiction, Concept, Criteria.

Finland

FIN-2023-3-005 a) Finland b) Supreme Court c) d) 28.07.2023 e) KKO 2023:55 f)
The charge could not be considered for the same conduct for which a penalty fee had been imposed and eventually erased but not annulled.
5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem
Sanction / Traffic Offense / Traffic penalty fee

FIN-2023-3-004 a) Finland b) Supreme Court c) d) 11.07.2023 e) KKO 2023:51 f)
Audio recordings of the accounts of persons heard in a public main hearing could not be ordered to be kept secret, since the matters in the case were not so severe that they would lead the trial to become unfair.
5.3.13.9 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public hearings
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Openness of judicial proceedings / Openness of trial documents

FIN-2023-3-003 a) Finland b) Supreme Court c) d) 29.06.2023 e) KKO 2023:48 f)
When interpreting the concept of "day event" of the national Copyright Act and the right to make public a screenshot of the photograph from social media by including it in an article, appropriate attention can be paid to the development of the case law concerning freedom of speech at the European Court of Human Rights.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Photograph / Instagram / Electronic magazine

FIN-2023-3-002 a) Finland b) Supreme Court c) d) 14.06.2023 e) KKO 2023:45 f)
The freedom of expression protects also a person's right to produce and record messages. Hence filming or other recording of the actions taken by authorities using public power can be protected by the freedom of expression.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Filming / House search, Filming

France

FRA-2023-3-011 a) France b) Constitutional Council c) d) 28.09.2023 e) 2023-1062QPC f) Mr. François F. (Purge of nullities in correctional cases)
Without ruling on the substantive dispute that gave rise to the QPC, the Constitutional Council declared the Article 385.1 of the Code of Criminal Procedure, relating to the mechanism for purging nullities before the criminal court, to be unconstitutional.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
Correctional, Nullity, Purge / Plea, Nullity, Prior proceedings

FRA-2023-3-012 a) France b) Constitutional Council c) d) 06.10.2023 e) 2023-1064 QPC f) Association des avocats pénalistes [Conditions for the execution of police custody measures].
The Constitutional Council has ruled that, if a person's dignity is violated as a result of the conditions in which he or she is held in police custody, the competent magistrate must immediately take all necessary measures to put an end to the violation or, if no measures are available, order the person's release.
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
Police custody, Premises, Dignity

FRA-2023-3-013 a) France b) Constitutional Council c) d) 27.10.2023 e) 2023-1066 QPC f) Association Meuse nature environnement et autres (Deep geological disposal of radioactive waste)
The legislator, when adopting measures likely to cause serious and lasting damage to the environment, must ensure that the choices made to meet the needs of the present do not compromise the ability of future generations and other peoples to meet their own needs, while preserving their freedom of choice in this respect.
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Environment, Irreparable damage / Radioactive waste, Deep geological repository, Storage / Future generations, Environment, Impact

FRA-2023-3-014 a) France b) Constitutional Council c) d) 16.11.2023 e) 2023-855 DC et 2023-856 DC f) Law on the orientation and programming of the Ministry of Justice 2023 2027 and organic law on the openness, modernisation and accountability of the judiciary
Questions had arisen over an organic law and an ordinary law relating to the justice system, and certain provisions relating to the remote activation of electronic devices to capture sounds and images, and several provisions providing for the use of videoconferencing in various court proceedings.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
5.3.36 Fundamental Rights - Civil and political rights - Inviolability of communications
Legal proceedings, Videoconferencing / Geolocation, Sound system, Image capture

FRA-2023-3-015 a) France b) Constitutional Council c) d) 08.12.2023 e) 2023-1074 QPC f) Mr Renaud N. (Informing the prosecuted notary of his right to remain silent during disciplinary proceedings)
In unprecedented terms, the French Constitutional Council has ruled that professionals subject to disciplinary proceedings may not be heard on the breaches of which they are accused without first being informed of their right to remain silent.
5.3.13.23 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent
Notary, Discipline

FRA-2023-3-016 a) France b) Constitutional Council c) d) 14.12.2023 e) 2023-858 DC f) Full Employment Act
Questions had arisen over the Full Employment Act, and certain provisions authorising the sharing of information between the legal entities making up the employment network, and the interpretation of the provisions relating to the obligations arising from the commitment contract scheme for jobseekers and recipients of active solidarity income.
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
5.4.15 Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits
Commitment contract

FRA-2023-3-017 a) France b) Constitutional Council c) d) 28.12.2023 e) 2023-862 DC f) Finance Act for 2024
Regarding the Finance Act for 2024, the Constitutional Council has censured, in addition to twelve ‘budgetary riders’, provisions relating to the exemption from certain taxes of international sports federations recognised by the International Olympic Committee and their employees.
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens
Tax, Exemption, Sports federation / Tax, Income, Reduction, Donation, Religious property heritage / Secularism, Principle

Germany

GER-2023-3-018 a) Germany b) Federal Constitutional Court c) Second Panel d) 31.10.2023 e) 2 BvR 900/22 f) Reopening of Criminal Proceedings After Acquittal
The right in Article 103.3 of the Basic Law, which is equivalent to a fundamental right, not only prohibits multiple punishments for the same act, it also contains a prohibition on being prosecuted more than once for the same act (the “double jeopardy rule”). It protects both convicted and acquitted persons. If the legislator creates the statutory preconditions for renewed criminal prosecution b... Read more
3.9 General Principles - Rule of law
3.17 General Principles - Weighing of interests
5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest
5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial
5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem
Criminal procedure, Acquittal / Criminal procedure, Cold case / Criminal procedure, Evidence, New / Criminal procedure, Remand detention, Less intrusive means / Criminal procedure, Reopening / Double jeopardy / Murder, Rape, Trial, Reopening / Criminal procedure, Ne bis in idem, Legislative reform

GER-2023-3-019 a) Germany b) Federal Constitutional Court c) First Chamber of the First Panel d) 10.11.2023 e) 1 BvR 2036/23 f) Obligation of secrecy regarding witness statement concerning alleged abuse by cleric
An unlimited publicity of court hearings must be weighed against significant interests, including the general right of personality of the persons involved in the proceedings, their right to a fair trial and the proper functioning of the administration of justice. When balancing the public interest in obtaining information on the one hand and the interests in favour of restricting the principle of... Read more
2.3.1 Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion
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
5.3.13.9 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public hearings
5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime
5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Administration of justice, Proper functioning / Information, Interest / Church matter / Personality, Dignity, Free development / Personality, General right / Public hearing, Principle / Secrecy, Information, Disclosure / Secrecy, Obligation / Sexual abuse / Witness, Anonymous / Witness, Protection / Witness, Questioning

GER-2023-3-020 a) Germany b) Federal Constitutional Court c) Second Panel d) 15.11.2023 e) 2 BvF 1/22 f) Second Supplementary Budget Act
Article 109.3.2 in conjunction with Article 115.2.6 of the Basic Law authorises the Parliament (Bundestag) to issue decisions allowing the credit limits set by the debt brake rule to be exceeded in case of natural catastrophes or unusual emergency situations. In addition to the constituent elements explicitly mentioned in Article 115.2.6 to 115.2.8 of the Basic Law, a factual connection is ... Read more
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
3.19 General Principles - Margin of appreciation
4.5.5 Institutions - Legislative bodies - Finances
4.10.1 Institutions - Public finances - Principles
4.10.2 Institutions - Public finances - Budget
4.18 Institutions - State of emergency and emergency powers
Budget, Supplementary / Climate Change / COVID-19, Pandemic, State finance / Debt brake / Debt, Public

GER-2023-3-021 a) Germany b) Federal Constitutional Court c) First Panel d) 22.11.2023 e) 1 BvR 2577/15, 1 BvR 2578/15, 1 BvR 2579/15 f) Remarks in school-leaving certificates
A disability under constitutional law exists when a person has a long-term impairment as a result of an abnormal physical, intellectual or mental condition that affects their ability to lead an independent and self-determined life. This does not include marginal impairments, but only impairments of considerable significance. The second sentence of Article 3.3 of the Basic Law also applies to disa... Read more
3.16 General Principles - Proportionality
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
5.3.43 Fundamental Rights - Civil and political rights - Right to self fulfilment
3.21 General Principles - Equality
Disability, Accommodation / Education, Equal opportunity / Education, Secondary, Final examination / Dyslexia / Disability, Discrimination

GER-2023-3-022 a) Germany b) Federal Constitutional Court c) Second Panel d) 29.11.2023 e) 2 BvF 1/21 f) Judicial review of the 2020 Federal Elections Act
The requirement that legislation be sufficiently specific and clear amounts to a single premise that combines various aspects. It must therefore be measured against one uniform standard. The requirement of specificity can generally not be separated from the requirement of legal clarity in the sense that a provision could be sufficiently specific, but violate the requirement of legal clarity. The... Read more
1.2.4 Constitutional Justice - Types of claim - Initiation ex officio by the body of constitutional jurisdiction
1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review
3.3.1 General Principles - Democracy - Representative democracy
3.9 General Principles - Rule of law
3.12 General Principles - Clarity and precision of legal provisions
4.5.3.1 Institutions - Legislative bodies - Composition - Election of members
4.5.10 Institutions - Legislative bodies - Political parties
4.9.3.1 Institutions - Elections and instruments of direct democracy - Electoral system - Method of voting
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
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
5.3.41.3 Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting
4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system
Bundestag, Elections / Constitutional jurisdiction, Types of claim, Members of parliament / Election, Equal suffrage / Election, Law, Reform / Election, Parliament, Distribution of seats / Election, Parliament, Overhang mandate / Election, Political will, Formation / Electoral system, Proportional representation / Equality, Political parties / Equality, Vote, Success value / Margin of appreciation, Legislator / Political parties, Opportunities, Equal / Political will, Formation

GER-2023-3-023 a) Germany b) Federal Constitutional Court c) Second Panel d) 19.12.2023 e) 2 BvC 4/23 f) Bundestag elections in Berlin – electoral scrutiny proceedings
If Parliament’s (Bundestag) decision not to further investigate polling processes is procedurally correct, the Federal Constitutional Court has neither the authority nor any reason to investigate any further. Excessive queue times do not constitute electoral errors as such but they can indicate a violation of the statutory requirement that participation in elections be as easy as possible.... Read more
1.3.1 Constitutional Justice - Jurisdiction - Scope of review
4.5.2.2 Institutions - Legislative bodies - Powers - Powers of enquiry
4.9.4 Institutions - Elections and instruments of direct democracy - Constituencies
4.9.9.1 Institutions - Elections and instruments of direct democracy - Voting procedures - Polling stations
4.9.9.2 Institutions - Elections and instruments of direct democracy - Voting procedures - Polling booths
4.9.9.3 Institutions - Elections and instruments of direct democracy - Voting procedures - Voting
4.9.9.6 Institutions - Elections and instruments of direct democracy - Voting procedures - Casting of votes
4.9.11.2 Institutions - Elections and instruments of direct democracy - Determination of votes - Electoral reports
4.9.13 Institutions - Elections and instruments of direct democracy - Judicial control
4.9.14 Institutions - Elections and instruments of direct democracy - judicial complaints and appeals
5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections
5.3.41 Fundamental Rights - Civil and political rights - Electoral rights
Election, Ballot, Access, Limitation / Election, Electoral mandate, Protection, Principle / Election, Error, Impact, Elected people, Representation / Election, Invalidity

Hungary

HUN-2023-3-001 a) Hungary b) Constitutional Court c) Plenary d) 14.02.2023 e) 2/2023. (II. 23.) AB f) Declaring unconstitutional a failure to provide for the right to disability benefits for persons with a permanent or permanent communication disability who are unable to live independently or who need the constant assistance of others
It is arbitrary, discriminatory and unconstitutional if the legislator excludes from the right to disability benefits persons with a permanent communication disability, including a hearing impairment, who are unable to live independently or who require constant assistance from others.
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Disability, Physical / Disabled persons, Rights

HUN-2023-3-004 a) Hungary b) Constitutional Court c) Plenary d) 18.04.2023 e) 4/2023. (V. 16.) AB f) Annulment and rejection of a petition of an ex post norm control against Act no. XXXVI of 2012 on the National Assembly
The right to speak as a representative is a right directly derivable from the Fundamental Law (but not a fundamental right), and is constitutionally protected. The reasonableness test applies to its limitation. The extension of the territorial scope of the immediate expulsion of Members of Parliament beyond the territory of the Parliament as a disciplinary sanction violates the principle of equal... Read more
1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review
1.3.5.9 Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules
4.5.4.2 Institutions - Legislative bodies - Organisation - President/Speaker
1.5.4.4 Constitutional Justice - Decisions - Types - Annulment
4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure
4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies
Member of Parliament / Member of Parliament, Absence / Parliament, Member, Debating, Voting, Possibilities, Technical, Powers, Restriction, Rights, Duties / Parliament, Member, Disciplinary measure / Parliamentary dispute, President, Member / Parliament, Order, Maintain

HUN-2023-3-007 a) Hungary b) Constitutional Court c) Plenary d) 19.07.2023 e) 19/2023. (VIII. 7.) AB f) Establishmentof unconstitutionality of Section 4.3, the text “or ministerial decree according to Section 4.3” of Sections 16.1 and 59.2.a of the Act on the Order of public construction investments, adopted by the Parliament Session held on the 4 July 2023
A qualified majority (cardinal) act may delegate legislation to a member of the Government, but this may only be done within the framework of the Fundamental Law and the delegating act. Delegated legislation may be aimed at implementing, expanding, supplementing or clarifying certain provisions of the qualified majority act, but may not derogate from the cardinal rules. It may not allow derogatio... Read more
2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution
3.10 General Principles - Certainty of the law
4.5.6.3 Institutions - Legislative bodies - making procedure - Majority required
4.6.3.2 Institutions - Executive bodies - Application of laws - making powers
4.8.8 Institutions - government - Distribution of powers
3.4 General Principles - Separation of powers
4.5.7 Institutions - Legislative bodies - Relations with the executive bodies
2.2.2 Sources - Hierarchy - Hierarchy as between national sources
Law making, Constitutional rules / Delegation, Legislative power, Scope

HUN-2023-3-008 a) Hungary b) Constitutional Court c) Plenary d) 14.11.2023 e) 24/2023. (XII. 5.) AB f) Establishing a constitutional requirement related to Section 34.3 of Act CXXII of 2013 on the Turnover of Agricultural and Forestry Land on the annulment of Judgment Kfv.III.37.563/2022
An interpretation of the law which, in the case of a will, imposes conditions for the acquisition of an estate which should have existed at the time of the opening of the estate and which can be fulfilled in the course of the probate proceedings constitutes a violation of the fundamental right to succession, protected under Article XIII.1 of the Fundamental Law. Limitations of the right to inheri... Read more
5.3.33.2 Fundamental Rights - Civil and political rights - Right to family life - Succession
5.3.39 Fundamental Rights - Civil and political rights - Right to property
1.5.4.4 Constitutional Justice - Decisions - Types - Annulment
5.1.4.1 Fundamental Rights - General questions - Limits and restrictions - derogable rights
5.4.8 Fundamental Rights - Economic, social and cultural rights - Freedom of contract
Property, Acquisition, Condition / Land ownership, Limitation / Land register, Proceedings, Participation, Restriction / Land, Agricultural / Contract, Capacity

HUN-2023-3-005 a) Hungary b) Constitutional Court c) d) 06.06.2023 e) 10/2023. (VI. 20.) AB f) Judicial initiative against Section 2 of the Government Decree no. 22/2019 (II. 25.) on the repeal of the Government Decree 449/2013 (XI. 28.) on the procedure for the return of cultural property of disputed ownership held in public collections and on the transitional provisions related thereto
Provisions that are applicable to pending cases and adversely amend the substantive legal provisions in a case that has not yet been finally decided violate the prohibition of retroactive application and the principle of the rule of law, enshrined in Article B.1 of the Fundamental Law.
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
5.3.38 Fundamental Rights - Civil and political rights - retrospective effect of law
1.3.5.13 Constitutional Justice - Jurisdiction - The subject of review - Administrative acts
5.3.25 Fundamental Rights - Civil and political rights - Right to administrative transparency
5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings
Extradition, Artwork / State property, Artwork

HUN-2023-3-006 a) Hungary b) Constitutional Court c) Panel Session d) 20.06.2023 e) 3343/2023. (VII. 5.) AB f) Constitutional complaint against the injunction no. 31.P.20.953/2019/10 of the Budapest-Capital Regional Court
A court’s neglection of its duty to verify if the defendant's address details provided by the applicant are correct may result in a violation of the right to a fair trial as enshrined in Article XXVIII.1 of the Fundamental Law, if the defendant is unaware of the lawsuit. While principle of equality of arms is commonly interpreted in the context of a particular document or procedural act or sub ac... Read more
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice
5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.3.13.12 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the decision
Fair trial, Right to be heard / Fair trial, Right

HUN-2023-3-002 a) Hungary b) Constitutional Court c) Five member Panel d) 07.03.2023 e) 3137/2023. (III. 27.) AB f) Unconstitutionality and annulment of a judicial verdict
The right of access to courts is infringed when, in a legal dispute, a court fails to draw attention to the consequences of the omission of an express provision of the law, and then, despite the ambiguous and misleading content of the information provided, issues an order terminating the proceedings because of the absence of a party's legal representative.
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice
Legal representative, Court, Absence, Consequence

HUN-2023-3-003 a) Hungary b) Constitutional Court c) Plenary d) 21.03.2023 e) 3163/2023. (IV. 6.) AB f) Judicial initiative aimed at establishing a conflict with the Fundamental Law and the annulling section the second sentence of Section 34 (2) of the Act LIII of 1994 on the Enforcement of Court Decisions
Article 34.2 second sentence of Act LIII of 1994 on the Enforcement of Court Decisions constitutes discrimination on the grounds of property, which is contrary to Article XV.2 of the Fundamental Law. The system of cost relief in enforcement proceedings should ensure that the party seeking redress can exercise its right to redress regardless of differences in wealth. The need for an exclusion of ... Read more
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
3.17 General Principles - Weighing of interests
5.2.2 Fundamental Rights - Equality - Criteria of distinction
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice
Discrimination based on economic status, Prohibition / Legal aid, Absence / Enforcement procedure, Appeal, Cost

Italy

ITA-2023-3-004 a) Italy b) Constitutional Court c) d) 27.01.2023 e) 8/2023 f)
An apparent entitlement based on conferral of payment (an entitlement that must be based on a regulatory or legal provision, or on a contract) is not enough to create a legitimate expectation of an undue benefit. Rather the type of relationship between the payer and the payee is of primary importance. Where the payee is a natural person and the payer a public entity, trust concerning the former’... Read more
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.3.8 Sources - Techniques of review - Systematic interpretation
2.3.9 Sources - Techniques of review - Teleological interpretation
3.5 General Principles - Social State
3.18 General Principles - General interest
3.20 General Principles - Reasonableness
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Benefits and wages / Payment, Conferral, Entitlement / Good faith, Legitimate expectations

ITA-2023-3-005 a) Italy b) Constitutional Court c) d) 05.06.2023 e) 110 f)
Legal provisions that are irremediably obscure and cause intolerable uncertainty when applied in concrete cases are contrary to the principle of reasonableness of the law enshrined in Article 3 of the Constitution. The requirement that legislative provisions meet minimum standards of intelligibility as regards their meaning, and hence of reasonable foreseeability as regards their application, mus... Read more
1.2.1 Constitutional Justice - Types of claim - Claim by a public body
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.3.3 Sources - Categories - law - law
2.3.8 Sources - Techniques of review - Systematic interpretation
2.3.9 Sources - Techniques of review - Teleological interpretation
3.9 General Principles - Rule of law
3.12 General Principles - Clarity and precision of legal provisions
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.2 Fundamental Rights - Equality
Standards of intelligibility of legislative provisions

ITA-2023-3-006 a) Italy b) Constitutional Court c) d) 21.07.2023 e) 159 f)
Questions had arisen over the constitutionality of a provision whereby the victims of war crimes committed on Italian soil or against Italian nationals by the forces of the Third Reich during Second World War could not enforce their judgments against Germany and were instead offered an equivalent amount payable out of a fund set up for that purpose. International agreements concluded with Germany ... Read more
1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties
1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law
2.1.1.4 Sources - Categories - Written rules - International instruments
3.10 General Principles - Certainty of the law
3.17 General Principles - Weighing of interests
3.20 General Principles - Reasonableness
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.38.2 Fundamental Rights - Civil and political rights - retrospective effect of law - Civil law
State, Immunity, Treaty / Italian nationals, Crimes, Third Reich, World War 2

ITA-2023-3-007 a) Italy b) Constitutional Court c) d) 24.07.2023 e) 161/2023 f)
Any consent to assisted reproductive technology (hereinafter, "ART"), which becomes irrevocable when the oocyte is fertilised, entails a specific assumption of responsibility in terms of the parent-child relationship, with the result that the child will acquire 'status filiationis', irrespective of any subsequent developments in the couple’s relationship. In accessing ART, the woman is directly in... Read more
3.17 General Principles - Weighing of interests
3.20 General Principles - Reasonableness
3.21 General Principles - Equality
5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
Assisted reproductive technology (ART) / Status filiationis / Affectio familiaris / Fertilised embryo / Cryopreservation / Consent, Male, Irrevocability

ITA-2023-3-008 a) Italy b) Constitutional Court c) d) 28.07.2023 e) 177/2023 f)
The execution of a European arrest warrant – whether issued for the purposes of prosecution or the execution of a custodial sentence – should never entail subjecting the requested person to a risk of rapid, significant and irreversible deterioration in their state of health, and, worse still, a reduction in their life expectancy. A mere, though potentially indefinite, deferral of execution if the... Read more
1.2.3 Constitutional Justice - Types of claim - Referral by a court
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
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.3.2.2 Sources - Categories - law - law - Court of Justice of the European Union
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
5.1.4.1 Fundamental Rights - General questions - Limits and restrictions - derogable rights
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
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
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
2.2.3 Sources - Hierarchy - Hierarchy between sources of EU Law
European arrest warrant (EAW) / Custodial sentence

ITA-2023-3-009 a) Italy b) Constitutional Court c) d) 28.07.2023 e) 178/2023 f)
The execution abroad of a custodial sentence or a detention order imposed on a person with strong family and close social connections in Italy may seriously hinder their social reintegration once the sentence or the order have been served, a goal that such measures and penalties must strive for by constitutional mandate.
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
2.1.3.2.2 Sources - Categories - law - law - Court of Justice of the European Union
2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution
2.2.2.1.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution - Hierarchy attributed to rights and freedoms
2.2.2.2 Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law
3.13 General Principles - Legality
3.17 General Principles - Weighing of interests
5.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals
5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - citizens with similar status
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
5.3.9 Fundamental Rights - Civil and political rights - Right of residence
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
European arrest warrant (EAW) / Custodial sentence / Execution abroad

Japan

JPN-2023-3-001 a) Japan b) Supreme Court c) Grand Bench d) 25.01.2023 e) (Gyo-Tsu) 130/2022 f) Concerning the constitutionality of the demarcation of constituencies for members of the House of Representatives to be elected from single-seat constituencies.
It cannot be said that at the time of the general election of members of the House of Representatives held on 31 October 2021, the demarcation of constituencies for members of the House of Representatives to be elected from single-seat constituencies, as specified in Article 13.1, and Appended Table 1 of the Public Offices Election Act (prior to the amendment by Act no. 89 of 2022), was in a state... 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
Seats, Allocation / Vote, Weight, Relative / Constituency, Disparities

JPN-2023-3-002 a) Japan b) Supreme Court c) Third Petty Bench d) 21.02.2023 e) (O) 1617/2021 f) Constitutionality of the application of Article 5, item (xii) of Administrative Rules on Kanazawa City Hall, etc. to the acts related to the assembly held at the square in front of Kanazawa City Hall.
Applying Article 5, item (xii) of Administrative Rules on Kanazawa City Hall, etc. (Rule no. 55 of Kanazawa City, 2011) to the acts related to the assembly held at the square in front of Kanazawa City Hall does not violate Article 21.1 of the Constitution.
4.10.8 Institutions - Public finances - Public assets
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly
Public property, Use / Freedom of expression, Restriction / Regulation, Administrative / Assembly, Freedom

Kazakhstan

KAZ-2023-3-006 a) Kazakhstan b) Constitutional Court c) d) 11.07.2023 e) ND 20 f) Verification of the compliance with the Constitution of the Law on "Returning illegally acquired assets to the state", the Constitutional Law on "Introducing amendments and additions to the Constitutional Law on "The Prosecutor's Office", Laws on "Introducing amendments and additions to some legislative acts on the issues of returning illegally acquired assets to the state", on "Amending the Code on Administrative Offences" and on "Amending the Code on Taxes and Other Obligatory Payments to the Budget (Tax Code)"
Kazakhstan, in its struggle against corruption and organised forms of crime, applies alongside domestic legislation international treaties that define a special regime for the implementation of relevant measures. Under the Constitution, everyone must pay legally established taxes and fees. They must also comply with the Constitution and legislation of the Republic of Kazakhstan and respect the ri... Read more
1.1.1.1.3 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Other legislation
3.10 General Principles - Certainty of the law
4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel
4.7.4.6 Institutions - Judicial bodies - Organisation - Budget
5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens
Corruption, Fight, Police, Entity, Independence / Prosecution, Crime, Prosecutor, Task / Assets, Illegally acquired, Return

KAZ-2023-3-007 a) Kazakhstan b) Constitutional Court c) d) 14.07.2023 e) ND 21 f) Verification of the conformity to the Constitution of Article 484.2.1 of the Criminal Procedure Code, 4 July 2014 and paragraph three of paragraph 2 of the normative resolution of the Supreme Court, 10 March 2022 no. 2 on "Application of legislation governing the consideration of criminal cases in cassation
Modification of a judicial act that has entered into legal force in the cassation procedure, under the proper organisation of the activity of local courts, should only be carried out in exceptional cases. The grounds for its revision should ensure legal certainty and fairness, which are the basis of the rule of law. Amendments are needed to the Criminal Procedure Code, to improve the procedure for... Read more
1.1.1.1.5 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Rule adopted by the Court
1.4.4 Constitutional Justice - Procedure - Exhaustion of remedies
2.1.1.4.8 Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966
3.9 General Principles - Rule of law
3.21 General Principles - Equality
4.7.7 Institutions - Judicial bodies - Supreme court
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
Appeal, Right / Cassation, Instances, Number / Criminal misdemeanours, Crimes of minor gravity

KAZ-2023-3-008 a) Kazakhstan b) Constitutional Court c) d) 14.07.2023 e) ND 22 f) Verification of the conformity to the Constitution of certain provisions of Article 34.5 of the Constitutional Law, 25 December 2000 on "Judicial system and the Status of judges"
Under the Constitution, a judge's powers may be terminated or suspended solely on grounds established by law. This is predetermined by the specific nature of judicial activity and the special status of a judge. The provision in the Constitutional Law to the effect that the grounds for termination of judges' powers are recognised as negative motives does not impinge on the constitutional right and... Read more
1.1.3.5 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Disciplinary measures
2.1.1.4.9 Sources - Categories - Written rules - International instruments - International Covenant on Economic, Social and Cultural Rights of 1966
3.10 General Principles - Certainty of the law
3.16 General Principles - Proportionality
3.21 General Principles - Equality
4.7.2 Institutions - Judicial bodies - Procedure
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
4.7.4.1.6.1 Institutions - Judicial bodies - Organisation - Members - Status - Incompatibilities
Judge, Office, Termination, Grounds / Judge, Unsuitability, Professional

KAZ-2023-3-011 a) Kazakhstan b) Constitutional Court c) d) 17.08.2023 e) ND 25 f) Verification of the conformity to the Constitution Articles 107.4 and 484.2.3 of the Criminal Procedure Code, 4 July 2014
Under the Constitution, everyone is entitled to judicial defence of his or her rights and freedoms. The Constitution also stipulates that this is a right that may not be restricted in any case. The constitutional right to judicial protection is implemented by the legislator through the inclusion in the Criminal Procedure Code of a mechanism for the protection of human rights and freedoms during p... Read more
1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts
1.4.8 Constitutional Justice - Procedure - Preparation of the case for trial
3.9 General Principles - Rule of law
3.12 General Principles - Clarity and precision of legal provisions
4.7.7 Institutions - Judicial bodies - Supreme court
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
Pre-trial investigation, Judicial control / Appeal, Right, Criminal proceedings

KAZ-2023-3-009 a) Kazakhstan b) Constitutional Court c) d) 31.08.2023 e) ND 27 f) Verification of the conformity to the Constitution of Article 38.2.11 of the Law on "Military service and the status of military personnel", 16 February 2012 and Article 6.2.9 of the Law on "Law enforcement service", 6 January 2011
The defence of the Republic of Kazakhstan is a sacred duty and obligation of every citizen. Citizens must perform military service in the manner and types prescribed by law. The constitutional right of citizens to access the public service, including military and law enforcement service, may be restricted only by laws and only to the extent necessary to protect the constitutional order, public or... Read more
3.12 General Principles - Clarity and precision of legal provisions
3.16 General Principles - Proportionality
3.20 General Principles - Reasonableness
4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
3.22 General Principles - Prohibition of arbitrariness
5.3.38.2 Fundamental Rights - Civil and political rights - retrospective effect of law - Civil law
Armed forces, Right to serve / Service personnel, Dismissal, Differing criteria

KAZ-2023-3-010 a) Kazakhstan b) Constitutional Court c) d) 25.09.2023 e) ND № 29 f) Consideration of compliance with the Constitution of Article 482 of the Criminal Procedure Code, 4 July 2014
Under the Constitution, everyone has the right to judicial defence of his or her rights and freedoms and to qualified legal assistance. A norm of the Criminal Procedure Code whereby only the convicted person - not his lawyer - can file an appeal against the actions (or inaction) and decisions of the institution or body enforcing the sentence is out of line with the universal right to qualified l... Read more
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.27 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel
Defence lawyer, Criminal proceedings, Filing, Right

Kosovo

KOS-2023-3-006 a) Kosovo b) Constitutional Court c) d) 12.09.2023 e) KO 216/22, KO220/22 f) Constitutional review of Articles 9, 12, 46, 99 of the Law no. 08/L-197 on Public Officials
The premature termination of the mandate defined by law of civil servants who hold low and middle-level management positions, by transforming career positions of indefinite length into fixed-term positions does not represent a “fair balance” between the stated purpose of “public interest” and rights and fundamental freedoms. It is not “proportional” to achieve the aim, thus infringing the right to... Read more
1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.1 Sources - Categories - law - law
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
3.4 General Principles - Separation of powers
3.10 General Principles - Certainty of the law
3.12 General Principles - Clarity and precision of legal provisions
3.16 General Principles - Proportionality
4.6.9.1 Institutions - Executive bodies - The civil service - Conditions of access
4.6.9.2 Institutions - Executive bodies - The civil service - Reasons for exclusion
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Legitimate expectations / Civil servant, Working conditions, Change

KOS-2023-3-007 a) Kosovo b) Constitutional Court c) d) 22.11.2023 e) KO 177/23 f) Constitutional review of Article 5 of Law no. 08/L-224 on Amending and Supplementing Law no. 06/L-005 on Immovable Property Tax
Taxes on immovable property fall within the exclusive competence of the municipalities. They have the power to decide upon, assign, collect and spend the revenues deriving from these taxes. Norms which determined the legal basis according to which there could be an amnesty on immovable property tax for the tax year 2023 and which specified the maximum level of this amnesty and the time limits f... Read more
1.2.1.6 Constitutional Justice - Types of claim - Claim by a public body - government body
1.3.4.4 Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities
1.3.4.10 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments
2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
3.4 General Principles - Separation of powers
4.8.3 Institutions - government - Municipalities
4.8.7.3 Institutions - government - Budgetary and financial aspects - Budget
Property tax, Municipal authorities, Managerial authority

KOS-2023-3-008 a) Kosovo b) Constitutional Court c) d) 24.11.2023 e) KO173/22 f) Constitutional review of Law no. 08/L-179 on Interim Measures of Essential Products in Special Cases of Destabilisation in the Market
The imposition of interim protective measures for the supply of essential products to consumers, in times of destabilisation in the market and the manner of their application to authorities and economic operators complies with the constitutional provisions of the Republic of Kosovo. However, for the purpose of regulating and supervising the activity of the economic operators the Republic of Kosovo... Read more
1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.3.1 Sources - Categories - law - law
2.1.3.3 Sources - Categories - law - law
3.10 General Principles - Certainty of the law
3.25 General Principles - Market economy
5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection
Market economy, Destabilisation, Protective measures

Liechtenstein

LIE-2023-3-003 a) Liechtenstein b) Constitutional Court c) d) 04.09.2023 e) StGH 2023/024 f)
Since the right of recall was abolished in 1997, resignations from a party or parliamentary group may no longer lead to a change of composition of Parliament before the end of the regular term of office.
4.5.11 Institutions - Legislative bodies - Status of members of legislative bodies
5.3.41 Fundamental Rights - Civil and political rights - Electoral rights
Deputy MPs

Lithuania

LTU-2023-3-005 a) Lithuania b) Constitutional Court c) d) 12.10.2023 e) KT86-A-N10/2023 f) Extended confiscation of property
A person who has acquired property by criminal means cannot expect that the property they have acquired in this way will be protected in accordance with the Constitution. Questions had arisen from a situation where somebody who had been found guilty of committing a criminal act from which they had derived property benefits was subject to a legal measure whereby other property acquired by criminal... Read more
3.16 General Principles - Proportionality
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
5.3.39.1 Fundamental Rights - Civil and political rights - Right to property - Expropriation
3.18 General Principles - General interest
Property, Acquisition, Criminal means, Confiscation

LTU-2023-3-004 a) Lithuania b) Constitutional Court c) d) 04.10.2023 e) KT83-N9/2023 f) Constitutionality of the National Certificate
In certain extraordinary circumstances, limitations may be needed on the exercise of human rights and freedoms, to prevent and control the spread of human communicable diseases. This could affect the implementation of the freedom of economic activity and other constitutionally protected rights, including liberty, the inviolability of a person and the inviolability of private life (Articles 20.1, 2... Read more
3.16 General Principles - Proportionality
5.1.5 Fundamental Rights - General questions - Emergency situations
5.2 Fundamental Rights - Equality
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
Control, Communicable disease / COVID-19 / Protection, Personal data, Derogation, Emergency

LTU-2023-3-007 a) Lithuania b) Constitutional Court c) d) 14.03.2024 e) KT24-I1/2024 f) Compatibility of the Instanbul Convention with the Constitution
The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, which is aimed at combating violence against women and domestic violence, while promoting true equality between women and men as a necessary prerequisite for reducing violence against women, and the Constitution, among others, the imperatives of the integrity of the person, the prohibition to... 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
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
Equality / Domestic violence / Freedom of expression / Gender / Gender-based violence / Right to dignity / Right to education / Right to physical and psychological integrity

LTU-2023-3-006 a) Lithuania b) Constitutional Court c) d) 07.03.2024 e) KT21-N3/2024 f) Right to terminate participation in pension accumulation and on differentiating pension benefits
The legislature enjoys discretion when establishing the grounds and conditions for the accumulation of pensions in special pension funds, including the cases in which the accumulation of pensions ends, but in doing so it is bound by the state duty, arising from Article 52 of the Constitution (enshrining, inter alia, that the State shall guarantee its citizens the right to receive old-age pe... Read more
3.16 General Principles - Proportionality
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension
Proportionality / Right to a pension / Right to property

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

Moldova, Republic of

MDA-2023-3-010 a) Moldova, Republic of b) Constitutional Court c) d) 03.12.2023 e) 16 f)
A prohibition on running for elections applied to individuals associated with political parties was unconstitutional; the provisions in question did not provide an effective remedy. Nor did they contain adequate safeguards against arbitrariness.
3.9 General Principles - Rule of law
4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility
4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
3.12 General Principles - Clarity and precision of legal provisions
4.5.10 Institutions - Legislative bodies - Political parties
Political party, Unconstitutional / Party member, Electoral participation, Ban

Netherlands

NED-2023-3-003 a) Netherlands b) Supreme Court c) Criminal Chamber d) 19.12.2023 e) 22/00882 f) Freedom of peaceful assembly (reprehensible act by climate activist)
Questions had arisen over a conviction for destruction and a conditional fine for temporarily making the staircase of the main building of a oil company unusable during a climate protest, by pouring black, oil-like liquid over the stairs, and whether the prosecution, trial and punishment of the suspect represented an impermissible violation of Articles 10 and 11 ECHR. The right to peaceful clima... Read more
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Climate Protest / Reprehensible Act

Portugal

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

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

POR-2023-3-005 a) Portugal b) Constitutional Court c) Plenary d) 03.01.2023 e) 5/2023 f)
Questions had arisen over the constitutionality of certain rules within a parliamentary decree regulating the conditions under which medically assisted death is not punishable, in particular over the principles of legal certainty and determinability.
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.2 Fundamental Rights - Civil and political rights - Right to life
3.10 General Principles - Certainty of the law
3.12 General Principles - Clarity and precision of legal provisions
Medically assisted death / Intolerable suffering / Scientific consensus

POR-2023-3-006 a) Portugal b) Constitutional Court c) Plenary d) 27.02.2023 e) 60/2023 f)
Concerns had arisen over new legislation on the creation, organisation and operation of professional associations, and its compliance with the rights to hold public office and to professional freedom, as well as the principle of equality.
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
5.3.27 Fundamental Rights - Civil and political rights - Freedom of association
5.3.29 Fundamental Rights - Civil and political rights - Right to participate in public affairs
Professional associations, Organisation and supervision

POR-2023-3-007 a) Portugal b) Constitutional Court c) First Chamber d) 14.03.2023 e) 73/2023 f)
Persons convicted of and sentenced for criminal offences were subsequently ordered to forfeit monetary assets to the State, following assessment of their financial position by the Asset Recovery Office. This did not breach their right to a fair trial or to adversarial proceedings; the measure of extended confiscation does not fall exclusively within the remit of criminal proceedings.
5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle
5.3.13.25 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to be informed about the charges
Confiscation of assets, Criminal proceedings / Asset Recovery Office

POR-2023-3-008 a) Portugal b) Constitutional Court c) Third Chamber d) 16.03.2023 e) 91/2023 f)
Questions had arisen over the validity of the seizure of electronic mail by the Competition Authority within the scope of administrative offence proceedings for anti-competitive practices and whether the interpretation of Articles 18 and 20 of the Competition Rules, whereby the Competition Authority was allowed to search and seize electronic mail messages marked as read was in compliance with the... Read more
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.3.36.3 Fundamental Rights - Civil and political rights - Inviolability of communications - Electronic communications
Data, Use, Purpose limitation, Principle / Cartels

Serbia

SRB-2023-3-003 a) Serbia b) Constitutional Court c) d) 16.03.2023 e) Už-7150/2021 f)
The positive obligation of the state concerning the exercise of parental rights means that the state must take all measures to reunite parents with their children and, taking into account the specific circumstances of each particular case, enable such integrations within a reasonable time.
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Parental rights, Non-enforcement / Child, Best interests

Slovakia

SVK-2023-3-003 a) Slovakia b) Constitutional Court c) d) 27.09.2023 e) PL. ÚS 1/2021 f)
Obliging the criminal courts to confiscate the quasi-totality of the convict’s property without in any way proving or even addressing the question of whether truly the totality of the property constitutes proceeds of crime or whether such penalty is otherwise proportional violates the principle of proportionality of punishments and the right to own property.
5.3.39 Fundamental Rights - Civil and political rights - Right to property
3.16 General Principles - Proportionality
Confiscation, Proportionality / Confiscation, Assets, Penalty / Confiscation of a property

Slovenia

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

SLO-2023-3-007 a) Slovenia b) Constitutional Court c) d) 08.06.2023 e) U-I-388/22 f)
The prohibition of torture determined by Article 18 of the Constitution and Article 3 ECHR requires that in an extradition procedure an individual must be given the possibility to prove that there exists a real risk that he or she would be subjected to torture or inhuman or degrading punishment or treatment in the requesting state. In specific circumstances, the Minister of Justice must conduct a ... Read more
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
3.13 General Principles - Legality
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
Extradition, Foreigner, Procedure, Human rights / Extradition, Torture, Danger

South Africa

RSA-2023-3-003 a) South Africa b) Constitutional Court c) En banc d) 27.11.2023 e) 150/22 f) Ad Hoc Central Authority for the Republic of South Africa and Another v. Koch N.O. and Another
The requirement of a grave risk of psychological harm or an otherwise intolerable situation upon the return of an abducted child, as provided in the Article 13.b exception to the requirement of the immediate return of an abducted child in terms of Hague Convention on the Civil Aspects of International Child Abduction, is not met by the harm inherent in the child’s inordinately delayed return.
5 Fundamental Rights
5.3 Fundamental Rights - Civil and political rights
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Child, Protection and assistance / Rights of the Child

RSA-2023-3-002 a) South Africa b) Constitutional Court c) En banc d) 21.11.2023 e) 176/22 f) Rayment and Others v. Minister of Home Affairs and Others; Anderson and Others v. Minister of Home Affairs and Others
The provisions of the Immigration Act unjustifiably and unreasonably violate the rights to medical care, dignity, the best interests of the child and family of foreigners.
5 Fundamental Rights
5.3 Fundamental Rights - Civil and political rights
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
5.4 Fundamental Rights - Economic, social and cultural rights
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
Civil right, Rights of the Child, Right to family life, Immigration law

RSA-2023-3-001 a) South Africa b) Constitutional Court c) En banc d) 12.12.2023 e) 51/23 f) Scalabrini Centre of Cape Town and Another v. Minister of Home Affairs and Others
Sections 22.12 and 22.13 of the Refugees Act are declared unconstitutional and invalid with retrospective effect as the impugned provisions violate the principle of non-refoulement, infringe the right to dignity, unjustifiably limit the rights of children, and are arbitrary and irrational.
5 Fundamental Rights
5.1 Fundamental Rights - General questions
5.1.1 Fundamental Rights - General questions - Entitlement to rights
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.1.4.2 Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation
5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Non-refoulment, Principle / Retrospectivity / Arbitrary, Irrational

Sweden

SWE-2023-3-001 a) Sweden b) Supreme Administrative Court c) d) 06.11.2023 e) f)
The provision regarding dissolution of a public gathering where disorder or danger arise does not include a right to cancel a public gathering before it has started.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly
Assembly, Dissolution / Demonstration, Danger, Prediction

Switzerland

SUI-2023-3-006 a) Switzerland b) Federal Court c) First Public Law Chamber d) 21.03.2022 e) 1C_116/2022 f)
Obligation to examine whether the Armenian reservation to Article 1 of the European Convention on Extradition precludes extradition (Recital 2). Summary of the principles and criteria relating to diplomatic assurances (Recital 3). Application of this practice in the present case with regard to the precarious conditions of detention, in particular the critical medical care in Armenian prisons, an... Read more
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
Detention, Appropriate establishment / Extradition, Assurances of the State of destination / Extradition, State of destination, Human rights situation / Extradition, Garanties / Medicines, Supplies / Prison, Healthcare / Health, Care, Access

Türkiye

TUR-2023-3-015 a) Türkiye b) Constitutional Court c) Plenary d) 12.10.2023 e) 2016/14517 f) Confederation of Revolutionary Workers’ Trade Unions and Others
There must be relevant and sufficient reasons demonstrating that the interference with the applicant’s right to hold meetings and demonstration marches meets a pressing social need and is necessary in a democratic society.
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly
Assembly, Freedom, Limitations, Grounds / Freedom of assembly, Restrictions / Freedom of peaceful assembly

Ukraine

UKR-2023-3-007 a) Ukraine b) Constitutional Court c) First Senate d) 06.09.2023 e) 6-r (I)/2023 f) Conformity of Article 481.6.2 of the Customs Code with the Constitution (constitutionality)
Article 481.6.2 of the Customs Code is declared as conforming to the Constitution (constitutional).
3.9 General Principles - Rule of law
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations
Liability / Administrative / Sanction / Rules / Customs / Temporary / Importation / Excess / Term / Proportionality, Fine / Violation, Territory

UKR-2023-3-008 a) Ukraine b) Constitutional Court c) First Senate d) 13.09.2023 e) 7-r (I)/2023 f) Constitutionality of the provision of Section VI.26 “Final and Transitional Provisions” of the Budget Code
The provision of Section VI.26 “Final and Transitional Provisions” of the Code in the part of application of Article 54 of Law no. 796 is unconstitutional. The provision of Section VI.26 “Final and Transitional Provisions” of the Code in the part of the application of the norms and provisions contained in Article 50 of Law no. 796 is constitutional.
4.5.2 Institutions - Legislative bodies - Powers
4.6 Institutions - Executive bodies
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
Pension / Chornobyl nuclear power plant / Reimbursement / Calculation / Accident / Damage

UKR-2023-3-009 a) Ukraine b) Constitutional Court c) Second Senate d) 13.09.2023 e) 8-r (II)/2023 f) Constitutionality of Section II.3.3 “Final and Transitional Provisions” of the Law no. 113-IX on “Amendments to Certain Legislative Acts on Priority Measures for the Reform of the Prosecution Service”, 19 September 2019 (regarding the remuneration of the prosecutor as a guarantee of his or her independence)
Section II.3.3.2 “Final and Transitional Provisions” of the Law on “Amendments to Certain Legislative Acts on Priority Measures for the Reform of the Prosecution Service” no. 113-IX, of 19 September 2019, is declared to be inconsistent with the Constitution (unconstitutional) and shall cease to be effective from the date of adoption by the Constitutional Court of this Decision.
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
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Prosecution / Material / Provision / Reform, Prosecutor

UKR-2023-3-010 a) Ukraine b) Constitutional Court c) Second Senate d) 01.11.2023 e) 9-r (II)/2023 f) Conformity of an individual provision of Article 44.2.2 of the Law on “State Market Supervision and Control of Non-Food Products” with the Constitution (constitutionality) (regarding the individualisation of legal liability for violation of consumer rights)
An individual provision of Article 44.2.2 of the Law on “State Market Supervision and Control of Non-Food Products” of 2 December 2010, no. 2735-VI as amended, namely: “in the amount of three thousand non-taxable minimum incomes of citizens” is declared non compliant with the Constitution. It shall lose effect six months after the publication of the present Decision by the Constitutional Court.
3.16 General Principles - Proportionality
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.4.7 Fundamental Rights - Economic, social and cultural rights - Consumer protection
Sanction / Liability / Legal / individualisation / Administrative and economic / Subject, Liability / Consumers

UKR-2023-3-011 a) Ukraine b) Constitutional Court c) Second Senate d) 22.11.2023 e) 10-r (II)/2023 f) Conformity of Articles 19.6.1, 19.6.5, 389.3.2 of the Civil Procedure Code with the Constitution (constitutionality) (on guaranteeing the right to judicial protection in minor disputes)
Article 389.3.2 of the Civil Procedure Code is declared as conforming to the Constitution (constitutional). Articles 19.6.1., 19.6.5 of the Civil Procedure Code are declared as not in conformity with the Constitution (unconstitutional); they will expire six months after the publication of this Decision by the Constitutional Court. The Verkhovna Rada shall bring the normative regulation es... Read more
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
Lawsuit / Price / Minor / Cassation / Cases, Revision

UKR-2023-3-012 a) Ukraine b) Constitutional Court c) Second Senate d) 20.12.2023 e) 11-r (II)/2023 f) Conformity of individual provisions of Article 111.1 of the Criminal Executive Code with the Constitution (constitutionality) (regarding the private and family life of a person, sentenced to life imprisonment)
Individual provisions of Article 111.1 of the Criminal Executive Code that make it impossible to allow to persons sentenced to life imprisonment short-term trips outside the colony on the territory of Ukraine in connection with an exceptional private circumstance such as the death or serious illness which threatens the life of a close relative, are declared as inconsistent with the Constitution (a... Read more
3.16 General Principles - Proportionality
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
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
Attend, Burial, Close, Relative / Leave, Temporary, Freedom, Lifetime, Deprivation, Mechanism / Due, Visit, Close, Seriously ill, Relative, Mechanism