|
|
e-Bulletin on Constitutional Case-Law
2022/1
The electronic Bulletin on Constitutional Case-Law ("e-Bulletin") is produced by the European Commission for Democracy through Law, better known as the Venice Commission. The e-Bulletin regularly reports on the case-law of constitutional courts and courts with equivalent jurisdiction in Europe and beyond, including case-law of the European Court of Human Rights, the Court of Justice of the European Union and the Inter-American Court of Human Rights. The e-Bulletin is sent to liaison officers and to subscribers by e-mail three times a year, each mailing reports on the most important case-law gathered during a four-month period.
The e-Bulletin’s aim is to allow judges and constitutional law specialists to be informed quickly about the most important judgments rendered in the field of constitutional justice. The exchange of information and ideas among courts in different countries with similar or different legal traditions, in the field of judge-made law, is of vital importance. Such an exchange of information and such cooperation, we hope, will not only benefit the newly established constitutional courts, but will also enrich the case-law of longer established courts. The main purpose of the e-Bulletin on Constitutional Case-Law is to foster an exchange of information and ideas and to assist national judges in solving difficult questions of law, which often arise simultaneously in courts of different countries.
If you wish to receive the e-Bulletin, please subscribe at the page https://www.venice.coe.int/files/bulletin/eBulletin-subscription.html.
The Venice Commission is grateful to the liaison officers of constitutional and equivalent courts, who regularly prepare the contributions, reproduced in the Bulletin with links to our database CODICES. As such, the summaries of decisions and opinions in the Bulletin do not constitute an official record of court decisions and should not be considered as offering or purporting to offer an authoritative interpretation of the law.
The Venice Commission would like to thank the International Organisation of the Francophonie for their support in ensuring that contributions from its member, associate and observer states can be translated into French.
T. Van Dijk
Legal Officer, Division III
European Commission for Democracy through Law (“Venice Commission”)
November 2022
ARG-2022-1-001 a) Argentina / b) Supreme Court / c) / d) 03.03.2022 / e) / f) Alberto Rivero and others v. sexual abuse – Article 119.3 y violation according toArticle.4.3 /
Section 7 of the Belém do Pará Convention and the Supreme Court’s Góngora decision require to act with due diligence to prevent, investigate, punish and eradicate violence against women. Decisions regarding charges with the crimes of reiterated gravely outrageous sexual assault and gravely outrageous sexual assault with sexual penetration must be based on an appropriate assessment of the... Read more
2.1.1.4.12
Sources - Categories - Written rules - International instruments - Convention on the Elimination of all Forms of Discrimination against Women of 1979.
2.3.1
Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion.
3.22
General Principles - Prohibition of arbitrariness.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
Inter-American Court of Human Rights, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women "Convention Belem do Pará" / Argentine Law of Comprehensive Protection for Women (no. 26.405) / Sexual assault, testimony, victim’s qualification of facts, vocabulary, legal definition / Testimony, credibility / Rape, consent, power dynamics, stigma, trauma.
AUT-2022-1-001 a) Austria / b) Constitutional Court / c) / d) 08.03.2022 / e) E 3120/2021 / f) /
In the absence of clear evidence of a threat of violence or serious disturbance, the fact that the symbol of a terrorist organisation (the flag of the PKK) is prohibited by law cannot automatically justify a prohibition on holding a gathering at which that symbol would be displayed.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
Demonstration, ban / Public order, threat / Terrorist organisation, symbols, ban.
AZE-2022-1-001 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 24.02.2022 / e) / f) Interpretation of Article 183.2 of the Code on Execution of Punishments in conjunction with Articles 142.1, 383.1, 408.3 of the Criminal Procedure Code and Article 82.4 of the Civil Procedure Code /
Persons not involved in criminal proceedings and whose interests are concerned by a decision of a Court may be involved in criminal proceedings as a third party in cases where their rights and legally protected interests are significantly violated.
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.10
General Principles - Certainty of the law.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.7
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice.
Confiscation, property / Proceedings, criminal.
AZE-2022-1-002 a) Azerbaijan / b) Constitutional Court / c) Plenum / d) 09.03.2022 / e) / f) On interpretation of some provisions of the Note part of Article 263 of the Criminal Code and Article 38 of the Code of Administrative Offenses /
Release from criminal liability does not lead to a violation of the principle of non-bis in idem, since this principle cannot be imposed twice for the same violation of the law.
1.2.3
Constitutional Justice - Types of claim - Referral by a court.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
5.3.14
Fundamental Rights - Civil and political rights -
Principle, ne-bis in idem, proportionality.
BEL-2022-1-001 a) Belgium / b) Constitutional Court / c) / d) 10.02.2022 / e) 23/2022 / f) /
A law that does not require that documents by which bailiffs notify decisions of civil courts to parties in disputes that they have ruled on to mention the appeals that the parties can lodge against such decisions, the time limits to be met to that end or the name and address of the courts with jurisdiction to hear the appeals violates the right to a fair trial.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Civil proceedings / Court rulings, notification / Bailiff / Means of appeal, obligation to inform recipients.
BEL-2022-1-002 a) Belgium / b) Constitutional Court / c) / d) 17.02.2022 / e) 26/2022 / f) /
The obligation, for physicians who refuse to carry out euthanasia, to refer patients or designated representatives to bodies specialised in the right to euthanasia does not violate physicians’ freedom of conscience.
The statements by which individuals indicate that they wish to have euthanasia performed if they are no longer able to express their wishes may remain valid for indefinite periods,... Read more
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
The state, duty to protect life / Right to life / Right to die / Private life, principle of self-determination / Euthanasia, advance statement / Freedom of conscience, physician.
BIH-2022-1-001 a) Bosnia and Herzegovina / b) Constitutional Court / c) Chamber / d) 08.09.2021 / e) AP 3166/20 / f) /
Substantive law norms must be formulated with sufficient precision to enable persons to harmonise their behaviour with those norms.
3.12
General Principles - Clarity and precision of legal provisions.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
COVID-19, pandemic / COVID-19, prohibition of movement / Misdemeanour proceedings.
BIH-2022-1-002 a) Bosnia and Herzegovina / b) Constitutional Court / c) Grand Chamber / d) 05.10.2021 / e) AP 3040/21 / f) /
The refusal to allow the full adoption of a child that has previously been adopted through incomplete adoption violates the right to family life.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.33.2
Fundamental Rights - Civil and political rights - Right to family life - Succession.
Adoption / Adoption, age limit / Child, best interests.
BUL-2022-1-001 a) Bulgaria / b) Constitutional Court / c) / d) 08.02.2022 / e) 1/22 / f) /
The power to propose release from office of judges, prosecutors and investigating magistrates under Article 130c of the Constitution includes the opportunity for the Minister of Justice to propose to the Supreme Council of the Judiciary the pre-term release from the office of the President of the Supreme Court of Cassation, the President of the Supreme Administrative Court and the Prosecutor... Read more
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
4.6.2
Institutions - Executive bodies - Powers.
4.7.4.1.5
Institutions - Judicial bodies - Organisation - Members - End of office.
4.7.4.1.6.2
Institutions - Judicial bodies - Organisation - Members - Status - Discipline.
Accountability / Independence of the judiciary / Minister of Justice, powers, removal from office of heads of the judiciary / Supreme Court, president, removal / Attorney General, removal / Judge, irremovability.
BUL-2022-1-002 a) Bulgaria / b) Constitutional Court / c) / d) 17.02.2022 / e) 2/22 / f) /
In the modern law-making process, the regulation of legal relationships arising from an amendment to a statute – such as the legal relations resulting from the transformation of the Protection Bureau and its transfer from one structure of a public authority to another – is an obligation of the legislator and an essential feature of the rule of law. In the case of structural changes, the guiding... Read more
3.4
General Principles - Separation of powers.
3.9
General Principles - Rule of law.
4.5.7
Institutions - Legislative bodies - Relations with the executive bodies.
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
Property, transfer, reform, institutional / Independence of the judiciary.
BUL-2022-1-003 a) Bulgaria / b) Constitutional Court / c) / d) 24.02.2022 / e) 3/22 / f) /
All legal subjects, including the State and municipalities, are equal in the exercise of private property. Private State and municipal property should not be regarded as public property. The legislator's aim to preserve property owned by the State and municipalities is a legitimate legislative objective. As such, it may lead to temporary restrictions on the property rights of other persons. The... Read more
3.11
General Principles - Vested and/or acquired rights.
3.16
General Principles - Proportionality.
3.21
General Principles - Equality.
4.10.1
Institutions - Public finances - Principles.
5.1.1.5.1
Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law.
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.
Moratorium, acquisition prescription, private property, public bodies.
BUL-2022-1-004 a) Bulgaria / b) Constitutional Court / c) / d) 19.04.2022 / e) 4/22 / f) /
Article 68a.1 of the Social Insurance Code, providing for the possibility for persons who have reached the required years of service for retirement to retire earlier than the general retirement age at their own request and for the pension to be paid at a reduced rate for life does not infringe the principle of equality of citizens before the law.
Social justice, security and solidarity can only... Read more
3.5
General Principles - Social State.
3.9
General Principles - Rule of law.
3.21
General Principles - Equality.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.7
Fundamental Rights - Equality - Criteria of distinction - Age.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
Early retirement, intergenerational contract / Early retirement, choice, reduced pension.
ECH-2022-1-001 a) Council of Europe / b) European Court of Human Rights / c) Section II / d) 14.12.2021 / e) 66828/16, 68492/16, 68886/16 ECH-2022-1-002 a) Council of Europe / b) European Court of Human Rights / c) Section III / d) 15.03.2022 / e) 2840/10 / f) Memo v. Russia / ECH-2022-1-003 a) Council of Europe / b) European Court of Human Rights / c) Grand Chamber / d) 15.03.2022 / e) 43572/18 / f) Grzeda v. Poland [GC] / ECH-2022-1-004 a) Council of Europe / b) European Court of Human Rights / c) Section V / d) 24.03.2022 / e) 29775/18 and 29693/19 / f) C.E. and Others v. France /
CRO-2022-1-001 a) Croatia / b) Constitutional Court / c) / d) 12.02.2022 / e) U-I-6950/2021 / f) / CRO-2022-1-002 a) Croatia / b) Constitutional Court / c) / d) 15.02.2022 / e) U-III-3931/2019 CRO-2022-1-003 a) Croatia / b) Constitutional Court / c) / d) 15.02.2022 / e) U-II-6951/2021 / f) /
CZE-2022-1-001 a) Czech Republic / b) Constitutional Court / c) Senate / d) 15.02.2022 / e) IV. ÚS 2773/20 / f) Use of the method of scent identification in criminal proceedings / CZE-2022-1-002 a) Czech Republic / b) Constitutional Court / c) Senate / d) 22.03.2022 / e) Pl. ÚS 7/18 / f) Collection and retention of DNA samples / CZE-2022-1-003 a) Czech Republic / b) Constitutional Court / c) Senate / d) 22.03.2022 / e) III. ÚS 3006/21 / f) Protection of human dignity and private life of the victim of serious hate speech by means of criminal law /
ECJ-2022-1-001 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 18.01.2022 / e) C-118/20 / f) JY / ECJ-2022-1-002 a) European Union / b) Court of Justice of the European Union / c) Plenary Assembly / d) 16.02.2022 / e) Joined cases C-156/21 and C-157/21 / f) Hungary v. Parliament and Council / ECJ-2022-1-003 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 22.02.2022 / e) C-430/21 / f) RS (Effect of judgments of a constitutional court) / ECJ-2022-1-004 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 22.02.2022 / e) C-562/21, C-563/21PPU / f) Openbaar Ministerie (Court established by the law in the issuing Member State) / ECJ-2022-1-005 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 22.02.2022 / e) C-483/20 / f) Commissioner General for Refugees and Stateless Persons (Family Unity – Protection already granted) / ECJ-2022-1-006 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 08.03.2022 / e) C-205/20 / f) Bezirkshauptmannschaft Hartberg-Fürstenfeld (Direct effect) / ECJ-2022-1-007 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 22.03.2022 / e) C-508/19 / f) Prokurator Generalny e.a. (Disciplinary Chamber of the Supreme Court – Appointment) / ECJ-2022-1-008 a) European Union / b) Court of Justice of the European Union / c) Grand Chamber / d) 26.04.2022 / e) Joined cases C-368/20 and C-369/20 f) Landespolizeidirektion Steiermark (Maximum duration of internal border control) g) ECLI:EU:C:2022:298 / f) /
FIN-2022-1-001 a) Finland / b) Supreme Court / c) / d) 11.01.2022 / e) KKO 2022:1 / f) / FIN-2022-1-002 a) Finland / b) Supreme Court / c) / d) 13.04.2022 / e) KKO 2022:25 / f) / FIN-2022-1-003 a) Finland / b) Supreme Court / c) / d) 13.04.2022 / e) KKO 2022:26 / f) /
FRA-2022-1-001 a) France / b) Constitutional Council / c) / d) 20.01.2022 / e) 2021-834 DC / f) Law on criminal liability and internal security / FRA-2022-1-002 a) France / b) Constitutional Council / c) / d) 21.01.2022 / e) 2022-835 DC / f) Law strengthening the tools for managing the health crisis and amending the Public Health Code / FRA-2022-1-003 a) France / b) Constitutional Council / c) / d) 25.01.2022 / e) 2021-976/977 QPC / f) Mr Habib A. and Other (Retention of personal data for the investigation, detection and prosecution of criminal offences) / FRA-2022-1-004 a) France / b) Constitutional Council / c) / d) 11.03.2022 / e) 2022-152 ORGA / f) Decision on the rules concerning the procedure to be followed before the Constitutional Council for findings of conformity with the Constitution /
GER-2022-1-001 a) Germany / b) Federal Constitutional Court / c) First Chamber of the Second Panel / d) 06.12.2021 / e) 2 BvR 1470/20 / f) Gender-Balanced Election Lists Thuringian State Parliament / GER-2022-1-002 a) Germany / b) Federal Constitutional Court / c) Second Chamber of the First Panel / d) 19.12.2021 / e) 1 BvR 1073/20 / f) Hate Speech on Social Media / GER-2022-1-003 a) Germany / b) Federal Constitutional Court / c) First Chamber of the First Panel / d) 18.01.2022 / e) 1 BvR 1565, 2058, 2057, 2056, 2055, 2054, 2575, 2574, 1936, 1669, 1566/21 / f) Land Climate Protection Laws / GER-2022-1-004 a) Germany / b) Federal Constitutional Court / c) Second Panel / d) 09.02.2022 / e) 2 BvR 1368, 1444, 1482, 1823/16, 2 BvE 3/16 / f) CETA Provisional Application / GER-2022-1-005 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 10.02.2022 / e) 1 BvR 2649/21 / f) Sector-Specific Vaccination Mandate (preliminary injunction against mandatory vaccination in the health sector) / GER-2022-1-006 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 23.03.2022 / e) 1 BvR 1187/17 / f) Onshore Wind Energy (municipal and public participation in earnings generated by wind farms) / GER-2022-1-007 a) Germany / b) Federal Constitutional Court / c) First Panel / d) 26.04.2022 / e) 1 BvR 1619/17 / f) Bavarian Constitutional Protection Act /
ITA-2022-1-001 a) Italy / b) Constitutional Court / c) / d) 18.11.2021 / e) 216/2021 / f) / ITA-2022-1-002 a) Italy / b) Constitutional Court / c) / d) 18.11.2021 / e) 217/2021 / f) / ITA-2022-1-003 a) Italy / b) Constitutional Court / c) / d) 04.03.2022 / e) 54/2022 / f) / ITA-2022-1-004 a) Italy / b) Constitutional Court / c) / d) 10.03.2022 / e) 67/2022 / f) /
KOR-2022-1-001 a) Korea / b) Constitutional Court / c) / d) 25.02.2021 / e) 2017Hun-Ma1113, 2018Hun-Ba330 / f) Crime of Defamation by Publicly Alleging Facts / KOR-2022-1-002 a) Korea / b) Constitutional Court / c) / d) 31.08.2021 / e) 2019Hun-Ba439 / f) Prohibition of and Punishment for Interference with Broadcast Programming / KOR-2022-1-003 a) Korea / b) Constitutional Court / c) / d) 30.09.2021 / e) 2019Hun-Ka3 / f) Property Required to Be Registered by Married Woman Liable for Registration / KOR-2022-1-004 a) Korea / b) Constitutional Court / c) / d) 25.11.2021 / e) 2015Hun-Ba334, 2018Hun-Ba42 (consolidated) / f) Marginal Part-time Employees /
KOS-2022-1-001 a) Kosovo / b) Constitutional Court / c) / d) 31.01.2022 / e) KO 93/21 / f) Blerta Deliu Kodra and twelve other deputies of the Assembly / KOS-2022-1-002 a) Kosovo / b) Constitutional Court / c) / d) 10.03.2022 / e) KO 145/21 / f) Municipality of Kamenica, Constitutional review of Decision no. 01B/24 of the Ministry of Education, Science, Technology and Innovation, 23 April 2021 /
LAT-2022-1-001 a) Latvia / b) Constitutional Court / c) / d) 23.02.2022 / e) 2021-22-01 / f) On the compliance of the second sentence of Article 444 LAT-2022-1-002 a) Latvia / b) Constitutional Court / c) / d) 10.03.2022 / e) 2021-24-03 / f) On the compliance of paragraph 24 LAT-2022-1-003 a) Latvia / b) Constitutional Court / c) / d) 25.03.2022 / e) 2021-25-03 / f) On the compliance of paragraphs 3, 4 and 5 of the Cabinet of Ministers Regulation no 859 of 8 November 2011 "Regulation on the maximum amount of expenditure on legal aid reimbursable to a private individual" (in the wording which was in force from 8 May 2015 until 9 April 2020) with the first sentence of Article 92 of the Constitution /
LIE-2022-1-001 a) Liechtenstein / b) Constitutional Court / c) / d) 07.02.2022 / e) StGH 2021-039, 2021-040 / f) /
MEX-2022-1-001 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 28.08.2021 / e) SUP-REC-1410-2021 and Joint Cases / f) / MEX-2022-1-002 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 29.09.2021 / e) SUP-REC-1861-2021 / f) / MEX-2022-1-003 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 30.09.2021 / e) SUP-REC-1874-2021 and Joint Cases / f) / MEX-2022-1-004 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 14.04.2021 / e) SUP-JDC-1981-2021 / f) / MEX-2022-1-005 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 04.11.2021 / e) SUP-REC-324-2021 / f) / MEX-2022-1-006 a) Mexico / b) Electoral Court of the Federal Judiciary / c) High Chamber / d) 22.12.2021 / e) SUP-JE-282-2021 and Joint Cases / f) /
MDA-2022-1-001 a) Moldova / b) Constitutional Court / c) Plenary / d) 23.09.2021 / e) 31 / f) Constitutional review of Article 132 MDA-2022-1-002 a) Moldova / b) Constitutional Court / c) Plenary / d) 26.10.2021 / e) 33 / f) Exception of unconstitutionality of Article 17.1, 17.2 and 17.3 of the Customs Code / MDA-2022-1-003 a) Moldova / b) Constitutional Court / c) Plenary / d) 23.11.2021 / e) 36 / f) On the constitutional review of Articles 66.7 and 84.13 of the Audiovisual Media Services Code / MDA-2022-1-004 a) Moldova / b) Constitutional Court / c) Plenary / d) 07.12.2021 / e) 37 / f) On the constitutional review of several provisions of Article 343 MDA-2022-1-005 a) Moldova / b) Constitutional Court / c) Plenary / d) 07.12.2021 / e) 38 / f) Interpretation of Articles 1.3, 20 and 116.1 and 116.2 of the Constitution and constitutional review of Article 11.1 of the Law on the Status of Judges / MDA-2022-1-006 a) Moldova / b) Constitutional Court / c) Plenary / d) 03.03.2022 / e) 4 / f) Constitutional review of certain provisions of Law no. 92 of 29 May 2014 on thermal energy and promotion of cogeneration and of the Regulation approved by Government Decision no. 191 of 19 February 2002 / MDA-2022-1-007 a) Moldova / b) Constitutional Court / c) Plenary / d) 07.04.2022 / e) 9 / f) On the constitutionality of Law no. 26 of 10 March 2022 on some measures related to the selection of candidates for administrative positions in bodies of self-administration of judges and prosecutors /
MNE-2022-1-001 a) Montenegro / b) Constitutional Court / c) / d) 24.02.2022 / e) U-I 13/18 / f) /
NOR-2022-1-001 a) Norway / b) Supreme Court / c) Chamber / d) 07.04.2022 / e) HR-2022-718-A / f) /
POR-2022-1-001 a) Portugal / b) Constitutional Court / c) First Chamber / d) 01.02.2022 / e) 87/22 / f) / POR-2022-1-002 a) Portugal / b) Constitutional Court / c) First Chamber / d) 01.02.2022 / e) 88/22 / f) / POR-2022-1-003 a) Portugal / b) Constitutional Court / c) First Chamber / d) 01.02.2022 / e) 89/22 / f) / POR-2022-1-004 a) Portugal / b) Constitutional Court / c) First Chamber / d) 01.02.2022 / e) 90/22 / f) / POR-2022-1-005 a) Portugal / b) Constitutional Court / c) First Chamber / d) 15.02.2022 / e) 132/22 / f) /
MKD-2022-1-001 a) Republic of North Macedonia / b) Constitutional Court / c) / d) 09.03.2022 / e) 136/2019 / f) /
SRB-2022-1-001 a) Serbia / b) Constitutional Court / c) / d) 04.03.2021 / e) Už-1526/2017 / f) /
SVK-2022-1-001 a) Slovakia / b) Constitutional Court / c) Plenum / d) 10.11.2021 / e) PL. ÚS 25/2019 / f) /
SLO-2022-1-001 a) Slovenia / b) Constitutional Court / c) / d) 16.09.2021 / e) U-I-8/21 / f) / SLO-2022-1-002 a) Slovenia / b) Constitutional Court / c) / d) 07.10.2021 / e) U-I-155/20 / f) / SLO-2022-1-003 a) Slovenia / b) Constitutional Court / c) / d) 10.12.2020 / e) U-I-210/21 / f) /
RSA-2022-1-001 a) South Africa / b) Constitutional Court / c) / d) 04.02.2022 / e) CCT 257/2021 / f) Speaker of the National Assembly v Public Protector and Others; Democratic Alliance v. Public Protector and Others / RSA-2022-1-002 a) South Africa / b) Constitutional Court / c) / d) 16.02.2022 / e) CCT 14/19 / f) South African Human Rights Commission obo South African Jewish Board of Deputies v. Masuku and Another / RSA-2022-1-003 a) South Africa / b) Constitutional Court / c) / d) 25.03.2022 / e) CCT 202/20 / f) NVM obo VKM v. Tembisa Hospital and Another / RSA-2022-1-004 a) South Africa / b) Constitutional Court / c) / d) 05.04.2022 / e) CCT 94/20 / f) AK v. Minister of Police /
SWE-2022-1-001 a) Sweden / b) Supreme Administrative Court / c) / d) 04.03.2022 / e) 6184-19 / f) / SWE-2022-1-002 a) Sweden / b) Supreme Administrative Court / c) / d) 07.03.2022 / e) 1513-20 / f) / SWE-2022-1-003 a) Sweden / b) Supreme Administrative Court / c) / d) 02.05.2022 / e) 1454-21 / f) /
SUI-2022-1-001 a) Switzerland / b) Federal Court / c) First Chamber droit public / d) 22.04.2021 / e) 1B_285/2020 / f) A. v. Public Prosecutor’s Office of Basel-City canton / SUI-2022-1-002 a) Switzerland / b) Federal Court / c) Second Court of Public Law / d) 26.05.2021 / e) 1C_33/2020 / f) Swiss Broadcasting Corporation v. A. and others as well as the Cantonal Criminal Investigation Office of St Gallen /
UKR-2022-1-001 a) Ukraine / b) Constitutional Court / c) Second Senate / d) 06.04.2022 / e) 1-r(II) / f) Constitutionality of Article 16.³.4 of the Law on "Social and Legal Protection of Servicemen and Members of Their Families" (constitutionality) (case on enhanced social protection of servicemen) /
GBR-2022-1-001 a) United Kingdom / b) Supreme Court / c) / d) 02.02.2022 / e) / f) R (on the application of O (a minor, by her litigation friend AO)) (Appellant) v. Secretary of State for the Home Department (Respondent) / GBR-2022-1-002 a) United Kingdom / b) Judicial Committee of the Privy Council / c) / d) 14.03.2022 / e) / f) Attorney General for Bermuda v. Ferguson and others /
USA-2022-1-001 a) United States of America / b) Supreme Court / c) / d) 13.01.2022 / e) 21A240 / f) Biden v. Missouri / USA-2022-1-002 a) United States of America / b) Supreme Court / c) / d) 13.01.2022 / e) 21A244 / f) National Federation of Independent Business v. OSHA / USA-2022-1-003 a) United States of America / b) Supreme Court / c) / d) 21.04.2022 / e) 20-303 / f) United States v. Vaello Madero / USA-2022-1-004 a) United States of America / b) Supreme Court / c) / d) 02.05.2022 / e) 20-1800 / f) Shurtleff v. City of Boston / USA-2022-1-005 a) United States of America / b) Supreme Court / c) / d) 16.05.2022 / e) 21-12 / f) Federal Election Commission v. Ted Cruz for Senate / USA-2022-1-006 a) United States of America / b) Supreme Court / c) / d) 13.06.2022 / e) 20-7622 / f) Denezpi v. United States / USA-2022-1-007 a) United States of America / b) Supreme Court / c) / d) 15.06.2022 / e) 20-1034 / f) Golan v. Saada / USA-2022-1-008 a) United States of America / b) Supreme Court / c) / d) 21.06.2022 / e) 20-1088 / f) Carson v. Makin / USA-2022-1-009 a) United States of America / b) Supreme Court / c) / d) 24.06.2022 / e) 19-1392 / f) Dobbs v. Jackson Women’s Health Organisation / USA-2022-1-010 a) United States of America / b) Supreme Court / c) / d) 27.06.2022 / e) 20-418 / f) Kennedy v. Bremerton School District /
Ed. 15.11.2022 18:02:37
Strike action is, in principle, protected by Article 11 ECHR only in so far as it is initiated by trade-union organisations and considered as being effectively – and not merely presumed to be – part of trade-union activity.
5.3.27
Fundamental Rights - Civil and political rights - Freedom of association.
5.4.10
Fundamental Rights - Economic, social and cultural rights - Right to strike.
5.4.11
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.
Collective bargaining agreement, trade union, employer / Employees, industrial action, no authorisation, dismissal.
The interests of a body of the executive vested with State powers in maintaining a good reputation essentially differed from both the right to reputation of natural persons and the reputational interests of legal entities, private or public, that competed in the marketplace. The last relied on their good reputation to attract customers, with a view to making a profit, while the first existed to... Read more
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
Internet media outlet, civil defamation, article, publication, criticising actions of the administration.
The fact that the a term of office had been terminated ex lege on the date of election of new members of the National Council of the Judiciary (hereinafter, "NCJ") could not be regarded as removing, retrospectively, the arguability of the right that the member could claim under the rules in force at the time of his election.
4.7.4.1.4
Institutions - Judicial bodies - Organisation - Members - Term of office.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Premature termination of position, ex lege, after judicial reform.
There existed legal instruments in France enabling the relationship between a child and an adult to be recognised. In addition, since the publication of the bioethics Act of 2021, female couples who had had recourse to assisted reproductive technology abroad before 4 August 2021 had the possibility, for a three-year period, of jointly recognising a child who had a legal parent-child relationship... Read more
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.
De facto family life, adult(s)-children, absence of biological ties or recognised legal ties.
The non-controllability in abstracto, by the Constitutional court, of binding legal opinions on issues relating to the application of the law is indisputable. Such legal opinions are taken at a session of all judges or by a judicial department of the Supreme Court and of all high and county courts. They are compulsory for all second instance panels or individual judges of that department... Read more
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
3.4
General Principles - Separation of powers.
3.13
General Principles - Legality.
5.2
Fundamental Rights - Equality.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
Interpretation, uniform / Legal opinion, uniform interpretation of law, national court, session of judges / Sources of law, legal opinions, compulsory / Unification of jurisprudence, legislative model.
There is no equality between suspension of enforcement determined by a ruling of an ordinary court and suspension determined by the Constitutional Court, even in the case where both suspensions are based on the same reasons.
Following the failure to act of the Financial Agency pursuant to a ruling of the Constitutional Court on the suspension of enforcement, the Constitutional Court, pursuant to... Read more
1.1.2.4
Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members.
1.6.6.1
Constitutional Justice - Effects - Execution - Body responsible for supervising execution.
1.6.9.1
Constitutional Justice - Effects - Consequences for other cases - Ongoing cases.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
Constitutional Court / Interim measure, execution / Interim measure, suspension of enforcement.
The Constitutional Court does not have jurisdiction to review the conformity with the Constitution and law of the challenged legal opinion on the application of a particular legal provision, expressed by the Civil Division's Session of the Supreme Court, on the basis of Article 40 of the Courts Act, because that opinion does not constitute "other regulation" within the meaning of Article 125.2 of... Read more
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.5.12
Constitutional Justice - Jurisdiction - The subject of review - Court decisions.
Constitutional Court, jurisdiction / Abstract review, limit / Interpretation, judicial, Supreme Court, Civil Division.
Scent identification is circumstantial evidence. As stand-alone evidence, it is incapable of proving guilt on the part of a defendant. Scent identification must be carried out in compliance with the minimum requirements laid down by the legislation and relevant case law and must reflect the latest findings of scientific research into this field.
When general courts fail to respect the above... Read more
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.17
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence.
5.3.13.22
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence.
Sample, odour, evidentiary value / Evidence, prosecution, adequacy / Evidence, circumstantial / Proof, standard.
A provision of the Police Act enabling the DNA profiling of a person accused of or merely suspected of having committed a deliberate criminal offence is not unconstitutional. The collection of samples for the purposes of DNA profiling does represent a lawful interference with the right to respect for private life. However, the provision barely complies with the requirement of clarity and... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
5.3.12
Fundamental Rights - Civil and political rights - Security of the person.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.23.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself.
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.
DNA analysis, destruction of results / Criminal proceedings, investigation, inviolability of the body, right.
I. Under the case-law of the European Court of Human Rights, the right to an effective investigation is associated with the right to protection of private and family life within the meaning of Article 8 of the Convention in the case of particularly serious interference with the personal integrity of the victim. Criminal sanctions, which also address serious hate speech or incitement to violence,... Read more
4.7.8.2
Institutions - Judicial bodies - Ordinary courts - Criminal courts.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.15
Fundamental Rights - Civil and political rights - Rights of victims of crime.
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.
Extremist crimes, hate speech, criminal proceedings.
The revocation of an assurance of naturalisation must have due regard to the principle of proportionality where that revocation prevents the person concerned from recovering the citizenship of the Union.
However, it is in principle for the Member State the nationality of which the person concerned applied to relinquish in order to be able to obtain the nationality of another Member State to... Read more
3.16
General Principles - Proportionality.
5.3.8
Fundamental Rights - Civil and political rights - Right to citizenship or nationality.
Citizenship, withdrawal / EU citizenship, loss / Naturalisation, cancellation / Act, administrative, cancellation.
Measures to protect the Union budget: the plenary assembly of the Court of Justice rejects the actions brought by Hungary and Poland against the conditionality mechanism that makes the benefit of financing from the Union budget subject to compliance by Member States of the principles of the rule of law.
3.9
General Principles - Rule of law.
3.10
General Principles - Certainty of the law.
3.16
General Principles - Proportionality.
3.18
General Principles - General interest.
4.10.2
Institutions - Public finances - Budget.
4.17.1.1
Institutions - European Union - Institutional structure - European Parliament.
4.17.1.3
Institutions - European Union - Institutional structure - Council of Ministers.
4.17.1.4
Institutions - European Union - Institutional structure - European Commission.
4.17.3
Institutions - European Union - Distribution of powers between institutions of the EU.
Budget, EU, measures, protection / Budget, EU, execution / Member State, budget, benefit, conditions / Mechanism, conditionality, appeal for annulment.
EU law precludes a national rule under which national courts have no jurisdiction to examine the conformity with EU law of national legislation, which has been held to be constitutional by a judgment of the constitutional court of the Member State
The application of such a rule would undermine the principle of the primacy of EU law and the effectiveness of the preliminary-ruling mechanism
1.6.4
Constitutional Justice - Effects - Effect inter partes.
3.4
General Principles - Separation of powers.
4.7.1
Institutions - Judicial bodies - Jurisdiction.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.14
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence.
Constitutional Court, decision, effects / Constitutional Court, decision, effects, conditions / Separation of powers / Reference for a preliminary ruling, loyal cooperation.
Refusal to execute a European arrest warrant: the Court of Justice specifies the criteria permitting an executing judicial authority to assess whether there is any risk of breach of the requested person’s fundamental right to a fair trial
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.15
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality.
European arrest warrant / Surrender procedure between Member States / Independence, executing judicial authority / Judges, appointment, executive.
A Member State may exercise its option to declare an application for international protection inadmissible on the ground that the applicant has already been granted refugee status by another Member State.
However, family unity must be maintained where that applicant is the father of a child who is an unaccompanied minor who has been granted subsidiary protection in the first Member State.
5.1.1.3.1
Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.
5.3.3
Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment.
5.3.11
Fundamental Rights - Civil and political rights - Right of asylum.
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.
National, third country / Refugee, status, determination / Child, minor, subsidiary protection / International protection, application, rejection.
Posting of workers: national courts must ensure that penalties for non-compliance with administrative obligations are proportionate.
National courts may apply a national system of penalties contrary to the directive concerning the posting of workers as long as it ensures proportionality of the penalties.
The application of such a rule would undermine the principle of the primacy of EU law and... Read more
3.16
General Principles - Proportionality.
5.2.1.2
Fundamental Rights - Equality - Scope of application - Employment.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.3.10
Fundamental Rights - Civil and political rights - Rights of domicile and establishment.
Freedom to provide services, workers, posting / Labour law obligations, non-compliance, penalties, proportionality.
A request for a preliminary ruling from a Polish court, seeking to ascertain whether EU law confers on it the power which it does not have under Polish law, to find that the employment relationship of a judge is non-existent because of defects in the act of his appointment.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
5.3.13.14
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.
European Union, Court of Justice, jurisdiction, limits / Regime, disciplinary, judge / Disciplinary procedure, civil action / Reference for a preliminary ruling, limitation.
In the event of a serious threat to its public order or internal security, a Member State may reintroduce controls at its borders with other Member States, but without exceeding a maximum total duration of six months.
3.26
General Principles - Fundamental principles of the Internal Market.
5.1.1.2
Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.9
Fundamental Rights - Civil and political rights - Right of residence.
European Union, citizen, free movement and free residence within the territory of the Member States, right / Border controls, asylum and immigration, temporary restriction, entry / Serious threat to public order or internal security, internal border control, reintroduction temporary / Schengen Borders Code.
Expressions indicating that another person is a racist, a Nazi, or a Nazi clown are disparaging and meet the penal criteria of the Criminal Code. Freedom of expression entails a freedom to exaggerate and provoke. Where a person expresses provocative views, which are defamatory and hostile against certain groups, they are to be expected to tolerate similarly harsh criticism.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Defamation, press / Defamation, criminal / Defamation, social media / Defamation, politician.
The constitutionally protected fishing rights of the Sámi people was not absolute. Such rights could be restricted under Section 20 of the Constitution in order to protect migratory fish stock. It was to be assessed whether shortening the net fishing season was a proportionate restriction on the Sámi people’s fundamental cultural right to fish given that it protected the salmon stock.
5.4.20
Fundamental Rights - Economic, social and cultural rights - Right to culture.
Fishing, restriction / People, indigenous, Sámi / Rights, people, indigenous.
The constitutionally protected fishing rights of Sámi people was not absolute. Such rights could be restricted under Section 20 of the Constitution in order to protect migratory fish stock. Requiring the Sámi to obtain a fishing permit under Section 10.2 of the Fishing Act, giving the nature of the permit and the practical consequences of the requirement, was in evident conflict with their... Read more
5.4.20
Fundamental Rights - Economic, social and cultural rights - Right to culture.
Fishing, restriction / People, indigenous, Sámi / Rights, people, indigenous.
The legislator may authorise the use of drones capable of filming, recording and transmitting images for the purposes of investigating, detecting or prosecuting criminal offences or maintaining public order and security. However, in view of their mobility and the heights at which they can operate, these devices are capable of filming images of a large number of people in any location without... Read more
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Drone, use, administrative policing / Drone, facial recognition.
The provisions of the law strengthening the tools for managing the health crisis, which paved the way for the introduction of a requirement to show a "vaccine pass" in order to gain access to certain places, while at the same time requiring that it be discontinued as soon as it was no longer necessary, were deemed to be compatible with the Constitution. The Constitutional Council considered that,... Read more
3.16
General Principles - Proportionality.
3.19
General Principles - Margin of appreciation.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.6
Fundamental Rights - Civil and political rights - Freedom of movement.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
5.3.29.1
Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, vaccine pass, places, access / COVID-19, health pass, political meeting, access.
By allowing the general and indiscriminate retention of connection data for the investigation, detection and prosecution of criminal offences, the impugned provisions concerning the retention of connection data, in their version prior to Law no. 2021-998 of 30 July 2021, constitute a disproportionate interference with the right to privacy.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.36
Fundamental Rights - Civil and political rights - Inviolability of communications.
Connection data, retention.
The primary purpose of the new rules of procedure of the Constitutional Council for ex ante review of laws is to codify a set of practices that have developed and been refined since the Constitutional Council was created.
The new rules also serve to update several aspects of the procedure followed until now, in order to make it more transparent and to improve the conditions for adversarial... Read more
1.4
Constitutional Justice - Procedure.
1.4.10.6
Constitutional Justice - Procedure - Interlocutory proceedings - Challenging of a judge.
5.3.13.20
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle.
Ex ante review, Constitutional Council, rules of procedure / Contribution, external, website, publication / Ex ante review, referral, author, contribution, written / Ex ante review, referral, author, hearing / Referral, website, online.
1. The federal states of Germany are free to establish their own constitutional law and constitutional jurisdiction at their discretion to the extent that the Basic Law does not impose specific requirements.
2. Electoral law requirements for the separate constitutional spheres of the Federation and the federal states are set forth in Article 38.1 first sentence and Article 28.1 second sentence... Read more
3.3.1
General Principles - Democracy - Representative democracy.
3.19
General Principles - Margin of appreciation.
4.4.4.1
Institutions - Head of State - Appointment - Necessary qualifications.
4.5.3.1
Institutions - Legislative bodies - Composition - Election of members.
4.8.2
Institutions - Federalism, regionalism and local self-government - Regions and provinces.
4.8.6.3
Institutions - Federalism, regionalism and local self-government - Institutional aspects - Courts.
4.9.7.2
Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates.
5.2.1.4
Fundamental Rights - Equality - Scope of application - Elections.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.3
Fundamental Rights - Equality - Affirmative action.
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.
Election, candidate, gender / Election, candidacy, nomination, gender / Election, candidate list / Election, law, gender, balance / Equality, gender, representation, Parliament / Equality, gender, legislator, latitude / Federation, delegation of powers / Federation, entity, constitution / Gender, balance / Gender, parity / Political competition, opportunities, equal / Political will, formation / Women, representation, political.
1. If someone claims that a statement violates their general right of personality, a finding that the statement in question amounts to insult within the meaning of § 185 of the Criminal Code requires a balancing of interests that weighs the impairments of the affected legal interests, in this case freedom of expression and personal honour.
2. The courts can only forgo such balancing of interests... Read more
3.17
General Principles - Weighing of interests.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
Derogatory statements, criminal conviction / Hate speech / Insult, context / Insult, politician / Personality right, public figure / Personality, general right / Politician, defamation / Politician, honour, protection / Social media platform, freedom of expression / Social media, statements, offensive.
1. Under certain conditions, it can be an admissible challenge in constitutional complaint proceedings that the state leaves the measures necessary to uphold its constitutional obligation to take climate action to future periods if this entails disproportionate restrictions of fundamental freedoms by the state.
Applicants must demonstrate their standing to lodge such constitutional complaints by... Read more
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Climate change / Climate, protection / Ecological minimum standard of living / Inter-temporal guarantees of freedom / Right to a future in accordance with human dignity / Reduction, greenhouse gas.
1. The provisional application of the EU-Canada Comprehensive Economic and Trade Agreement (hereinafter, "CETA") is unobjectionable under constitutional law.
2. The Council Decision on the provisional application of CETA does not amount to an ultra vires act. Nor does it encroach upon the basic tenets of the principle of democracy that form part of the Basic Law’s constitutional identity.
1.3.4.14
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states.
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
2.2.1.1
Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.
2.2.1.6.3
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions.
3.1
General Principles - Sovereignty.
3.3.1
General Principles - Democracy - Representative democracy.
4.16.1
Institutions - International relations - Transfer of powers to international institutions.
4.17.2
Institutions - European Union - Distribution of powers between the EU and member states.
Constitutional identity / Democracy, core, right, individual / European Union act, ultra vires, review / European Union, competences, international treaty, conclusion / European Union, law, primacy, limits, constitutional / Free trade, agreement, European Union / Free trade, agreement, mixed / Free trade, agreement, application, provisional / Ultra vires.
1. The imposition of a limited vaccination mandate in the health and care sector is not per se unconstitutional.
2. Constitutional concerns arise from the legislative design of a vaccination mandate where the legislator relies on a two-stage dynamic reference in the sense that the challenged provision makes reference to a different legal instrument (ordinance), which in turn refers to the... Read more
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
1.4.2
Constitutional Justice - Procedure - Summary procedure.
3.4
General Principles - Separation of powers.
3.12
General Principles - Clarity and precision of legal provisions.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
3.19
General Principles - Margin of appreciation.
5.1.5
Fundamental Rights - General questions - Emergency situations.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.4.4
Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / COVID-19, pandemic, legislative response / Disability, persons, protection / General interest, healthcare system, proper functioning / General interest, life and health, protection / Infectious disease, protection / Legal provision, suspension / Subject of review, law, direct challenge / Vaccination, obligatory / Vulnerable persons, protection.
1. Legislation imposing obligations to make contractual and transactional arrangements using structures and options already provided for in company law does not create new company law and thus does not necessarily come under the Federation’s legislative competence for ‘company law’ under Article 74.1.11 of the Basic Law. In such cases, legislative competence is determined by the purposes pursued... Read more
1.2.2.3
Constitutional Justice - Types of claim - Claim by a private body or individual - Profit-making corporate body.
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
1.3.4.10.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
3.19
General Principles - Margin of appreciation.
4.8.2
Institutions - Federalism, regionalism and local self-government - Regions and provinces.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.10
Institutions - Public finances.
5.2.1.1
Fundamental Rights - Equality - Scope of application - Public burdens.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.4
Fundamental Rights - Civil and political rights - Right to physical and psychological integrity.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
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.
5.5.1
Fundamental Rights - Collective rights - Right to the environment.
Climate change / Climate, protection / Company, share, participation, public / Electricity, supply / Energy, renewable / General interest, climate, protection / Public finances, levy, non-tax / Reduction, greenhouse gas / Wind energy.
1. Domestic intelligence services perform specific tasks of surveillance and intelligence gathering and do not have operational follow-up powers as police authorities do. This justifies tying their surveillance powers to modified thresholds for interference. However, the transmission of personal data and information thereby obtained must be subject to strict requirements.
2. The greater the... Read more
3.12
General Principles - Clarity and precision of legal provisions.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
5.3.36
Fundamental Rights - Civil and political rights - Inviolability of communications.
Surveillance, secret, measure / Data collection, secret / Data, personal, treatment / Personal data, collection / Police, criminal authority, judicial supervision / Police, measure / Police, surveillance, limits / Privacy, invasion, proportionality / Security, public, danger / Terrorism, fight, fundamental rights, protection, weighing / Remote search, information technology systems, right / Data, use, purpose limitation, principle / Data transfer, third country.
When there are humanitarian or serious reasons to believe that surrender would endanger the life or health of the person concerned, suspension does not constitute an adequate remedy to ensure the health of persons suffering from chronic illness of an indefinite duration. In such circumstances, the execution of the European arrest warrant (hereinafter, "EAW") would be likely to lead to execution... Read more
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
3.9
General Principles - Rule of law.
3.17
General Principles - Weighing of interests.
3.20
General Principles - Reasonableness.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.3.1
Fundamental Rights - Civil and political rights - Right to dignity.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
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.
Surrender / European Arrest Warrant.
The question of whether the need to protect the fundamental right of a third-country national to preserve personal and family ties established in Italy requires the Italian judicial authority to be granted the power, not provided for in the challenged legislation, to deny the execution of an arrest warrant relating to a custodial sentence or detention order, must be answered at the level of EU... Read more
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
3.9
General Principles - Rule of law.
3.17
General Principles - Weighing of interests.
3.20
General Principles - Reasonableness.
4.17.2.1
Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.3.5.1.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest.
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.
Surrender / European Arrest Warrant / Third-country nationals.
It is within the legislator’s discretion to identify the recipients of social security benefits, taking into account the limit of available resources. However, that choice is subject to the principle of reasonableness. The introduction of selective requirements is thus possible, provided that they are underpinned by adequate legislative grounds and supported by a rational and transparent... Read more
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.1.1.4.18
Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000.
2.2.1.6
Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law.
2.2.2.2
Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.
2.3.8
Sources - Techniques of review - Systematic interpretation.
3.19
General Principles - Margin of appreciation.
3.20
General Principles - Reasonableness.
5.2
Fundamental Rights - Equality.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
5.4.18
Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.
Childbirth allowance and maternity allowance / Third-country nationals.
As far as social security benefits are concerned, the European Union’s law establishes the duty not to distinguish the treatment of third-country nationals from that reserved for citizens of the states where they legally reside and work. The duty is imposed by the relevant directives in a clear, precise and unconditional way, and is, thus, endowed with direct applicability.
The legislator may... Read more
1.4.10.7
Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.3.8
Sources - Techniques of review - Systematic interpretation.
4.17.2
Institutions - European Union - Distribution of powers between the EU and member states.
5.2
Fundamental Rights - Equality.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
5.4.15
Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits.
5.4.18
Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Family unit allowance / Third-country nationals.
Freedom of expression, which guarantees an exchange of various ideas and opinions and promotes citizens’ right to know, is a fundamental right essential to our constitutional democracy. In situations where restrictions on freedom of expression are necessary, such limits should be imposed to the minimum extent.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.31
Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Defamation, criminal / Defamation, fact, public allegation / Prevention effect, criminal penalty / Chilling effect, expression.
Under the Constitution, all citizens enjoy freedom of speech and the press, and freedom of assembly and association. The Constitution protects the freedom of speech and press as such; the freedom of broadcasting is recognised as a branch of the freedom of speech and press. Nevertheless, the freedom of broadcasting is restricted and regulated in various forms due to special characteristics such as... Read more
3.12
General Principles - Clarity and precision of legal provisions.
3.14
General Principles -
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.23
Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.
Broadcast, freedom / Broadcast, independence / Interference, broadcast programming.
Discrimination on the basis of sex is prohibited under the Constitution; furthermore, the Constitution specifically directs equal treatment of the sexes in marriage and family life. When determining whether a provision stipulating equality in marriage and family life violates the principle of equality, the Court should apply the standard of strict scrutiny and conduct a proportionality review.
3.16
General Principles - Proportionality.
4.7.4.1.6.2
Institutions - Judicial bodies - Organisation - Members - Status - Discipline.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.2.13
Fundamental Rights - Equality - Criteria of distinction - Differentiation
Equality, marriage, family life / Women, social status / Misogyny, societal culture / Ethics, public service / Property registration, obligatory / Standard, strict scrutiny.
The Constitution stipulates that the standards of working conditions must be determined by law. Employees must be given adequate protection, through safeguards to their working conditions, but this must be done in harmony with the concepts of efficient business management and productivity.
5.2.1.2.1
Fundamental Rights - Equality - Scope of application - Employment - In private law.
5.2.2
Fundamental Rights - Equality - Criteria of distinction.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
5.4.15
Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits.
5.4.16
Fundamental Rights - Economic, social and cultural rights - Right to a pension.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
Employment, part-time, marginal / Retirement, benefit, payment / Working hours, contractual.
The decision of the Assembly as a sole shareholder of the Public Enterprise KOSTT (Electricity Transmission, System and Market Operator) to authorise the latter to cover the cost of electricity deviations for electricity consumers living in four municipalities of the Republic of Kosovo has resulted in a difference in treatment between electricity consumers who live in the four municipalities and... Read more
1.2.1.2
Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies.
1.3.2.1
Constitutional Justice - Jurisdiction - Type of review - Preliminary /
1.3.5.5
Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law.
2.1.1.1
Sources - Categories - Written rules - National rules.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
5.2
Fundamental Rights - Equality.
Energy sector / Legitimate aim / Obligation, international / Proportionality / Residence, discrimination..
In organising the accelerated alternative education and determining the organisation of education in relevant school facilities in the Municipality of Kamenica, the Ministry of Education, Science, Technology and Innovation (hereinafter, "MESTI") through the challenged Decision has exceeded its competence and violated municipal responsibilities, namely it has interfered with the "own competencies"... Read more
1.2.1.6
Constitutional Justice - Types of claim - Claim by a public body - Local self-government body.
1.3.4.4
Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities.
1.3.5.13
Constitutional Justice - Jurisdiction - The subject of review - Administrative acts.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.14
Sources - Categories - Written rules - International instruments - European Charter of Local Self-Government of 1985.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
4.8.3
Institutions - Federalism, regionalism and local self-government - Municipalities.
4.8.4.1
Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.
Municipality, competence / Local self-government / Education / Competence, full and exclusive.
The right to a fair trial implies the obligation of the legislator to adopt the necessary measures to ensure that there is access to justice for persons with scarce financial resources. It may provide for a legal framework that exempts persons with scarce financial resources from the obligation to make certain payments. The fact that a person is not entitled to claim an exemption from the... 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.
Civil proceedings, legal person / Appeal, right / Court fee, exemption.
The right to health directly concerns everyone; it is an essential precondition for the exercise of any other fundamental human right. The rapid, uncontrolled spread of COVID-19 infection creates significant threats to society, in that it could lead to congestion in the health sector and jeopardise the continuity of healthcare services.
The mere fact that a state of emergency has not been... Read more
4.18
Institutions - State of emergency and emergency powers.
5.2
Fundamental Rights - Equality.
5.3.39.3
Fundamental Rights - Civil and political rights - Right to property - Other limitations.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Health service / Shop, closure / Precaution, principle / Property, legal persons, equal treatment.
The right to receive reimbursement of a reasonable amount for necessary expenses related to legal assistance is an essential element of the right to access to justice in a democratic state governed by the rule of law. The right to receive qualified legal assistance is a fundamental human right that ensures the exercise of other rights.
Access to justice is, in principle, ensured where a person... Read more
5.3.13.27.1
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel - Right to paid legal assistance.
Compensation, expenses incurred / Lawyer, fee / Legal costs, reimbursement, refusal.
If authorities of another signatory state to both the European Convention on Mutual Assistance in Criminal Matters and the Money Laundering Convention deny the obligation to provide legal assistance because they consider the foreign criminal proceedings to be politically motivated and therefore have considerable doubts about the fairness of those proceedings, their opinion is also relevant for... Read more
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Mutual legal assistance / Political nature of proceedings.
In order to ensure that persons who have access to seats reserved for members of indigenous peoples really have such status, a review of documentation issued by traditional authorities is needed, in which their belonging to a specific community is evidenced. This will safeguard intercultural representation within the federal legislative body.
4.9.6
Institutions - Elections and instruments of direct democracy - Representation of minorities.
5.3.45
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.
5.5.4
Fundamental Rights - Collective rights - Right to self-determination.
Minority, ethnic, indigenous / Minority, Parliament, representation.
A City Council election had taken place in the course of which gender-based political violence was carried out against a female candidate for the municipal presidency. This violence was decisive for the outcome of the election and infringed the principles of certainty and equity irreparably.
5.2.2.1
Fundamental Rights - Equality - Criteria of distinction - Gender.
5.2.3
Fundamental Rights - Equality - Affirmative action.
5.3.41
Fundamental Rights - Civil and political rights - Electoral rights.
Woman, rights, advancement / Woman, violence against, prevention / Gender equality, fundamental value, democracy / Election, candidate, gender.
The principle of the separation of Church and State was violated when, during a municipal election, a minister of worship made publications on Facebook, calling on citizens not to vote for a political option, during the election "silence" period. This had a decisive impact on the outcome of the election.
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
Church and state, separation / Elections, invalidation / Electoral result, rectification / Electoral rules, breach.
In a situation where an electoral candidate was found by the auditing authority to have exceeded the campaign expenditure limit, and where, at the same time, the validity of the election in which that candidate had been elected was challenged, the gravity of the conduct and the intentionality in the commission of the conduct would have to be fully proved, and its impact on the electorate’s... Read more
4.9.8.2
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign expenses.
Election, electoral campaign, restriction / Electoral campaign, social media, limitation.
Advertisements by a political party on the regulation of abortion which inter alia suggested it should be criminalised, corresponded to the ideology of that party. Their dissemination was valid in terms of identifying the party’s electoral proposals and the legislative programme it would implement if it won the election. However, the type of language used should not have fostered gender... Read more
4.5.10.3
Institutions - Legislative bodies - Political parties - Role.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Political party, expression of view, scope / Debate, political.
A management electoral body that sought to postpone the recall election due to the insufficiency of budgetary resources had no authority to do so, as it had not exhausted all, the means at its disposal to comply with its obligation to guarantee the exercise of citizens’ political rights.
4.9.2
Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy.
4.10.2
Institutions - Public finances - Budget.
Budget, allocation / Budget, appropriation, extraordinary / Budget, expenditure / Autonomous, authority, budget, expenses, financial control.
While submitting to the casefile all intercepted conversations on a telephone station may infringe other rights, the person concerned must, however, be given an opportunity to hear the recordings or to challenge their veracity.
Failure to disclose to the defence the evidence containing information which would allow the accused to be acquitted or see his or her sentence reduced, would be a denial... Read more
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
3.17
General Principles - Weighing of interests.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.8
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file.
5.3.13.19
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.
5.3.13.26
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to have adequate time and facilities for the preparation of the case.
5.3.32
Fundamental Rights - Civil and political rights - Right to private life.
Recording, destruction / Fair trial / Right of defence.
The communication of only general information by the customs body and the absolute prohibition to disclose official information with limited accessibility constitutes an excessive burden for persons requesting the provision of information.
The customs body and the courts of law must assess requests for information in light of the factual and legal circumstances of each individual case.
1.1.4.4
Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts.
1.3.2.2
Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review.
1.3.4.1
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
3.16
General Principles - Proportionality.
3.17
General Principles - Weighing of interests.
3.18
General Principles - General interest.
4.5.8
Institutions - Legislative bodies - Relations with judicial bodies.
4.6.6
Institutions - Executive bodies - Relations with judicial bodies.
4.7.1
Institutions - Judicial bodies - Jurisdiction.
4.7.8.1
Institutions - Judicial bodies - Ordinary courts - Civil courts.
5.1.4.3
Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation.
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.
Customs / Right to information / Confidential information, protection / Principles, competing / Fair balance.
Non-compliance of a domestic legal provision with an international treaty is unconstitutional.
Imposing an absolute obligation on distributors of audio-visual media services to exclude advertisement and teleshopping from retransmitted foreign programs, without taking into account individual measures less intrusive in the freedom of expression is incompatible with the Constitution.
2.1.1.4
Sources - Categories - Written rules - International instruments.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
3.10
General Principles - Certainty of the law.
3.12
General Principles - Clarity and precision of legal provisions.
4.7.6
Institutions - Judicial bodies - Relations with bodies of international jurisdiction.
4.7.8
Institutions - Judicial bodies - Ordinary courts.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.13.2
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
5.3.24
Fundamental Rights - Civil and political rights - Right to information.
Advertisement / Teleshopping / Audio-visual / Freedom of expression, restriction.
The public agent subjected to integrity testing shall have the right to contest the result of the test assessment and to participate in the subsequent judicial proceedings.
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
Public agent / Professional integrity test / Corruption prevention.
After the expiration of the five-year initial term of appointment of judges, they shall be appointed until they reach the age limit without an additional assessment by the Superior Council of Magistracy.
The appointment of judges until they reach the age limit must involve strict rules in order for the standard of independence to be respected.
The Superior Council of Magistracy must exercise... Read more
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
3.9
General Principles - Rule of law.
4.7.4.1.2
Institutions - Judicial bodies - Organisation - Members - Appointment.
4.7.4.1.4
Institutions - Judicial bodies - Organisation - Members - Term of office.
4.7.4.1.6
Institutions - Judicial bodies - Organisation - Members - Status.
4.7.5
Institutions - Judicial bodies - Supreme Judicial Council or equivalent body.
Judge, independence / Judge, appointment / Age, limit / Assessment.
A general obligation to pay for heating services in the case of flats disconnected from the central heating system, without taking into account the specific circumstances of each individual case is unconstitutional.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
3.16
General Principles - Proportionality.
5.3.29
Fundamental Rights - Civil and political rights - Right to participate in public affairs.
5.3.39
Fundamental Rights - Civil and political rights - Right to property.
Centralised heating / Disconnected flat / Payment, obligation / Fair balance.
The power of the President of the Republic to confirm or reject the panel of judges empowered with examining appeals against the decisions of the Evaluation Commission does not comply with the principle of separation of powers.
The power of the Superior Council of Magistracy to adopt decisions by a simple majority of votes, until the date of the legal gathering of the new composition, regarding... Read more
3.4
General Principles - Separation of powers.
4.4.3.3
Institutions - Head of State - Powers - Relations with judicial bodies.
Judicial council / Prosecutorial council / Integrity, candidate, evaluation / Judicial review / Separation of powers.
The legislator operates within the limits of its powers when it establishes in the provision of Article 15 of the Law of the authority of the Parliament, if the proposer fails to nominate or the Parliament fails to elect a judge of the Constitutional Court to the vacant position, to pass, at the same time, the decision on termination of office of the judge of the Constitutional Court whose term... Read more
1.1.1.1.1
Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution.
1.1.2.4
Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members.
1.1.3.1
Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Term of office of Members.
1.1.3.9
Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - End of office.
Anti-deadlock, mechanism / Constitutionality, legality / Judge, cessation of duty, election / Regulations, conformity.
A duty to remain in quarantine applied to the owners of cabins in Sweden who were visiting them interfered with the right to respect for the individual’s home, which is protected under the Constitution and the European Convention of Human Rights. The interference was, however, lawful.
1.3.4.10
Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
5.3.35
Fundamental Rights - Civil and political rights - Inviolability of the home.
COVID-19, pandemic / Review, constitutional / Disease, infectious, measures / Home, respect.
The Constitutional Court decided that a rule in a Decree by the Presidency of the Council of Ministers, establishing a measure of mandatory confinement, was not unconstitutional, because it was approved while the state of emergency was in force.
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
4.18
Institutions - State of emergency and emergency powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic, rights / Mandatory confinement.
A provision regulating "public disaster" appended as an Annex to a Council of Ministers Resolution was unconstitutional, to the extent that it permitted an indefinite number of people to be deprived of their freedom based on an administrative order, with no judicial control.
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
4.18
Institutions - State of emergency and emergency powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic, rights / Mandatory confinement.
A provision that regulates "public disaster" appended as an Annex to a Council of Ministers Resolution was unconstitutional, to the extent that it allowed any citizen to be deprived of their freedom based on an administrative order, with no judicial control.
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
4.18
Institutions - State of emergency and emergency powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic, rights / Mandatory confinement.
A provision of a norm regulating "public disaster," appended as an Annex to a Council of Ministers Resolution was unconstitutional, to the extent that it provided that any Portuguese or foreign citizen, whether resident in Portugal or not, who enters Portugal in a flight departing from a country included in a list of countries set by members of Government responsible for foreign affairs, defence,... Read more
1.3.4.7.2
Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights.
3.10
General Principles - Certainty of the law.
4.6.2
Institutions - Executive bodies - Powers.
4.6.3.1
Institutions - Executive bodies - Application of laws - Autonomous rule-making powers.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
COVID-19, pandemic, rights / Mandatory confinement.
An article of the Civil Code is unconstitutional, to the extent that it excludes the possibility of adoption of a person older than 18 on the date that the initial judicial application is filed in Court. The potential adoptee here was the son of the applicant’s wife and had been treated since childhood like his own son, with affection, assistance and care bonds similar to those that arise between... Read more
3.16
General Principles - Proportionality.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Adoption, maximum age.
Adoption is a measure which is taken due to child protection and aims to provide a child with a family not a child for the family and does not imply that the state should allow the adoption of a child in any case, but only if it assessed that it is in the best interest of the child.
2.1.1.4
Sources - Categories - Written rules - International instruments.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.2.2.12
Fundamental Rights - Equality - Criteria of distinction - Civil status.
5.3.33
Fundamental Rights - Civil and political rights - Right to family life.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
Adoption, right, family / Child, physical disability, best interests.
Human trafficking is a modern form of slavery, and as such is contrary to the principle of humanity. It insults human dignity and the fundamental values on which a civilised democratic society is based.
Human trafficking can not be reduced only to the criminal aspect.
5.1.3
Fundamental Rights - General questions - Positive obligation of the state.
5.3.5.2
Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour.
5.3.13.13
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time.
Human trafficking, prohibition / GRETA.
For restrictions on fundamental rights to meet the requirement of pursuing a legitimate aim, that aim must be clearly and sufficiently explained in detail either through the legislative process or in the legislation itself. It is an interference with the right to informational self-determination for an individual to be subject to automated risk assessment that is based on the blanket data... Read more
2.1.1.3
Sources - Categories - Written rules - Law of the European Union/EU Law.
2.3.2
Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.
3.12
General Principles - Clarity and precision of legal provisions.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Aim, legitimate / Processing, data / Collection, data / Rights, Fundamental, Charter, European Union / Risk assessment, automated, data, personal.
Human rights and fundamental freedoms may only be limited by a law. The legislature may, however, leave to the executive branch of government the more detailed regulation of limitations on such rights and freedoms in so far as they have been prescribed by the legislature itself. It may only do so if the authorising legislation prescribes with sufficient precision the criteria applicable to such... Read more
3.13
General Principles - Legality.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.3.44
Fundamental Rights - Civil and political rights - Rights of the child.
5.4.2
Fundamental Rights - Economic, social and cultural rights - Right to education.
COVID-19, pandemic, measures / Child, educational and recreational facilities, access / Children, special needs, condition, mental and physical / Disease, infectious, measures / School, learning distance.
The legality principle is a fundamental constitutional principle. The legislature may adopt legislation that authorises the executive to adopt measures that implement it. When the legislature does so the legislation must set out the framework for, and provide guidelines regulating the content of, the implementing measures. The legislative intention, and value criteria for implementing the law,... Read more
3.13
General Principles - Legality.
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.6
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / Disease, infectious, measures / Freedom of enterprise, restriction / Freedom of economic activity / Freedom of work / Principle, legality / Regulation, implementing / Statutory basis, requirement, law, constitutional.
A Government ordinance required public sector employees to fulfil a ‘recovered-vaccinated’ requirement. The Constitutional Court established that the measure was not adopted in conformity with statutory requirements governing the implementation of (mandatory) vaccination provisions applicable to employees. As such it the measure was inconsistent with the principle of legality (Article 120.2 of... Read more
3.13
General Principles - Legality.
5.4.3
Fundamental Rights - Economic, social and cultural rights - Right to work.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic, measures / Disease, infectious, measures / Employment, public-sector / Employment, health, protection, workplace / Employment, sanction, occupational / Health pass, requirement to show / Health, public, vaccination, compulsory / Vaccination, compulsory / Disease, infectious, vaccination, obligatory.
The Rules adopted by the National Assembly apply equally to all Chapter 9 institution office-bearers. The limitation imposed by Rule 129AD(3) on the right to legal representation was irrational as the National Assembly must ensure that the enquiry is conducted in a reasonable and procedurally fair manner and this requires full legal presentation. The appointment of a Judge to the independent... Read more
1.1.1.1.1
Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution.
1.3.5.9
Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules.
1.4.9.3.2
Constitutional Justice - Procedure - Parties - Representation - Legal representation other than the Bar.
1.5.4.3
Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality.
3.4
General Principles - Separation of powers.
4.5.4.1
Institutions - Legislative bodies - Organisation - Rules of procedure.
Chapter 9 institution / Chapter 9 office bearer, removal / Rules drafted and adopted by National Assembly, constitutional validity / Competency to hold office.
The Equality Act constitutes legislation promulgated in order to give effect to the right to not be unfairly discriminated against, as reflected in the Constitution. The Equality Act expressly regulates hate speech. In order to establish whether the impugned four statements constitute as hate speech, the Court will have to establish whether the statements amounted to, or qualified as, hate... Read more
5.2.2.3
Fundamental Rights - Equality - Criteria of distinction - Ethnic origin.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Bias arising from publications in the press / Hate speech / Limitation Clause / Recusal.
Sections 7.2 and 27 of the South African Constitution, and the considerations of accountability and responsiveness, shed no light on whether the wrongful and negligent conduct of the hospital caused the injury suffered by the applicant’s baby. That is a purely factual question. A case is a "constitutional matter" in terms of Section 167.3.b.i of the Constitution where the resolution of a... Read more
1.1.1.1.1
Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution.
5.3.17
Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Constitutional Court Jurisdiction / Medical Negligence / Factual Causation.
A negligently conducted police search and investigation, which causes a person harm, can be wrongful and give rise to delictual liability. An aggrieved party must prove the five elements of delict, namely, act/omission, wrongfulness, fault, causation and damage/harm.
4.6.10.1.2
Institutions - Executive bodies - Liability - Legal liability - Civil liability.
4.11.2
Institutions - Armed forces, police forces and secret services - Police forces.
4.14
Institutions - Activities and duties assigned to the State by the Constitution.
Investigation, criminal law / Investigation, inadequate / Investigation, obligation / Tort, constitutional / Police, defective exercise of duty / Police, investigation.
It is not an infringement of the right to a fair trial to refuse to order the reimbursement of legal costs in an administrative judicial procedure when their reimbursement can be sought in a separate, civil procedure.
2.1.1.1.1
Sources - Categories - Written rules - National rules - Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2.1
Sources - Categories - Case-law - International case-law - European Court of Human Rights.
5.3.13.1.4
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings.
Costs, legal / Costs, legal, reimbursement, refusal.
It is not in violation of the European Convention on Human Rights and Fundamental Freedoms for a person over the age of 18, who has socially degrading behaviour, to be placed in compulsory care involving detention.
5.3.5.1.2
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures.
Care, compulsory, adult / Care, compulsory, detention, adult.
A decision by the Public Employment Service to dismiss an application to review a termination of an activity within the Job and Development Guarantee programme cannot be appealed to an administrative court.
5.3.13.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Employment.
Article 8 ECHR; Articles 10.2, 13.2, 16, 22 and 36 of the Federal Constitution; Articles 197.1, 255.1.a and 260 of the Code of Criminal Procedure; restriction on fundamental rights through the creation of a DNA profile and the recording of identifying data in connection with participation in a peaceful demonstration.
Criticism of federal case law to the effect that creating a DNA profile... Read more
5.1.4
Fundamental Rights - General questions - Limits and restrictions.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.28
Fundamental Rights - Civil and political rights - Freedom of assembly.
5.3.32.1
Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.
Analysis, DNA / Personal data, collection / Personal data, retention / Biometric data, storage / Fingerprint / Freedom of peaceful assembly / Freedom of opinion / Demonstration / Measure of restraint / Restriction, freedom / Privacy, invasion, proportionality.
Articles 13, 16, 17, 29.2 and 30.3 of the Federal Constitution, Article 6.1 ECHR, Article 14.1 of the International Covenant on Civil and Political Rights; Article 99.1 of the Code of Criminal Procedure and Article 35.2.g of the law introducing the code of criminal procedure and the federal law on criminal procedure applicable to minors in St. Gallen canton; media request for access to the file... Read more
3.17
General Principles - Weighing of interests.
5.3.13.11
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public judgments.
5.3.13.18
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning.
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.
Media / Criminal proceedings, access to the case file / Document, right of access, limit / Public character of proceedings / Public interest / Privacy, right / Right to self-determination in relation to data / Balancing of interests.
Article 16³.4 of the Law on "Social and Legal Protection of Servicemen and Members of Their Families" of 20 December 1991 does not comply with the Constitution.
4.11.1
Institutions - Armed forces, police forces and secret services - Armed forces.
5.1.1.4.4
Fundamental Rights - General questions - Entitlement to rights - Natural persons - Military personnel.
5.2.2.8
Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Military service / Defence, national / Disability / Social protection, right / Monetary allowance, one-time.
The legality of subordinate legislation which set the fee at which a child or young person could apply to be registered as a British citizen at a level which many young applicants would find unaffordable was simply a matter of statutory construction of the Act which authorised the making of the subordination legislation.
2.1.3.1
Sources - Categories - Case-law - Domestic case-law.
4.6.3.2
Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
5.1.1
Fundamental Rights - General questions - Entitlement to rights.
5.3.8
Fundamental Rights - Civil and political rights - Right to citizenship or nationality.
Citizenship, registration, fee, children.
Bermudian legislation confining marriage to a union between a man and a woman and excluding same-sex couples from marriage is not contrary to the Bermudian Constitution.
2.1.1.4.4
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.
2.1.3.2
Sources - Categories - Case-law - International case-law.
5.2.2.11
Fundamental Rights - Equality - Criteria of distinction - Sexual orientation.
5.2.2.12
Fundamental Rights - Equality - Criteria of distinction - Civil status.
5.3.18
Fundamental Rights - Civil and political rights - Freedom of conscience.
5.3.19
Fundamental Rights - Civil and political rights - Freedom of opinion.
5.3.34
Fundamental Rights - Civil and political rights - Right to marriage.
Same-sex marriage / Law, Bermuda / Religiously motivated legislation.
The Secretary of Health and Human Services does not exceed its statutory authority in issuing an interim final rule amending the conditions of participation in Medicare and Medicaid by adding a requirement that participating healthcare facilities ensure that their staff is vaccinated against COVID-19.
An interim final rule amending conditions of participation in Medicare and Medicaid, whichadds... Read more
1.3.5.8
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Vaccination / Assistance, government / Health insurance.
Congress is expected to speak clearly when authorising a federal agency to exercise powers of vast economic and political significance.
While COVID-19 is a risk that occurs in many workplaces, it is not an occupational hazard in the sense that it would empower the Occupational Safety and Health Administration to issue an emergency temporary standard necessary to protect employees against grave... Read more
1.3.4.3
Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities.
5.4.17
Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
COVID-19, pandemic / Vaccination / Government, power / Workplace safety.
Congress may distinguish U.S. Territories from the States in tax and benefits programs, consistent with equal protection, so long as Congress has a rational basis for doing so.
5.2.1.3
Fundamental Rights - Equality - Scope of application - Social security.
5.2.2.4
Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality.
5.4.14
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Territory / Clause, territory / Benefit, governmental / Equal protection.
When a government speaks for itself, the First Amendment of the Constitution does not demand airtime for all views.
When a government does not speak for itself, it may not exclude speech based on religious viewpoint; doing so constitutes impermissible viewpoint discrimination.
Determining what constitutes government speech requires a holistic inquiry, including looking at the history of the... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Government speech, flag / Discrimination, religious viewpoint.
An injury resulting from the application or threatened application of an unlawful enactment remains fairly traceable to such application, even if the injury could be described in some sense as willingly incurred.
The First Amendment safeguards the ability of a political candidate to use personal funds to finance campaign speech, protecting their freedom to speak without legislative limit on... Read more
1.4.9.1
Constitutional Justice - Procedure - Parties -
4.9.8.1
Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Political speech / Contribution limit, political candidate / Corruption, quid pro quo.
The Double Jeopardy Clause does not prohibit twice placing a person in jeopardy for the same conduct or action, but instead, it prohibits placing a person in jeopardy for the same offense.
Under the dual-sovereignty doctrine, an offense defined by one sovereign is necessarily different from an offense defined by another, even when the offenses have identical elements, and thus, a person can be... Read more
4.7.12
Institutions - Judicial bodies - Special courts.
5.3.13.1.3
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.
5.3.14
Fundamental Rights - Civil and political rights -
Double jeopardy / Indigenous people / Dual sovereignty.
The Hague Convention on the Civil Aspects of International Child Abduction leaves contracting states free to require or not require consideration of ameliorative measures in determining whether the return of the child to his or her country of habitual residence would expose the child to grave risk of harm.
1.3.5.1
Constitutional Justice - Jurisdiction - The subject of review - International treaties.
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.
Hague Convention / Child, custody / Child, abduction, international.
The Free Exercise Clause of the First Amendment protects against indirect coercion or penalties on the free exercise of religion, not just outright prohibitions.
Under the Free Exercise Clause of the First Amendment, a state need not subsidise private education, but once it decides to do so, it cannot disqualify some private schools solely because they are religious.
A state's... Read more
3.7
General Principles - Relations between the State and bodies of a religious or ideological nature.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
School, private, financial support / School, private, equal treatment / Nonsectarian, institution.
The Constitution of the United States does not confer a right to abortion; the authority to regulate abortion is returned to the people and their elected representatives.
The Due Process Clause of the Fourteenth Amendment guarantees some substantive rights that are not mentioned in the Constitution, but any such right must be deeply rooted in the Nation's history and tradition and be implicit in... Read more
1.6.3.1
Constitutional Justice - Effects - Effect erga omnes -
5.3.2
Fundamental Rights - Civil and political rights - Right to life.
5.3.5.1
Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
5.4.19
Fundamental Rights - Economic, social and cultural rights - Right to health.
Abortion / Reproductive Rights / Precedent, overruled.
A plaintiff may carry the burden of proving a free exercise violation under the First Amendment in various ways, including by showing that a government entity has burdened their sincere religious practice pursuant to a policy that is not neutral or generally applicable.
The First Amendment’s free speech protections extend to teachers and students, neither of whom shed their constitutional rights... Read more
5.2.1.2.2
Fundamental Rights - Equality - Scope of application - Employment - In public law.
5.2.2.6
Fundamental Rights - Equality - Criteria of distinction - Religion.
5.3.20
Fundamental Rights - Civil and political rights - Freedom of worship.
5.3.21
Fundamental Rights - Civil and political rights - Freedom of expression.
Public servant, free speech, prayer / Prayer at school.
1.1.1.1.1 Constitutional Justice - Constitutional jurisdiction - Statute and organisation - Sources - Constitution. MNE-2022-1-001, RSA-2022-1-001, RSA-2022-1-003 1.1.2.4 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members. CRO-2022-1-002, MNE-2022-1-001 1.1.3.1 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Term of office of Members. MNE-2022-1-001 1.1.3.9 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - End of office. MNE-2022-1-001 1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts. MDA-2022-1-002 1.2.1.2 Constitutional Justice - Types of claim - Claim by a public body - Legislative bodies. KOS-2022-1-001 1.2.1.6 Constitutional Justice - Types of claim - Claim by a public body - Local self-government body. KOS-2022-1-002 1.2.2.3 Constitutional Justice - Types of claim - Claim by a private body or individual - Profit-making corporate body. GER-2022-1-006 1.2.3 Constitutional Justice - Types of claim - Referral by a court. AZE-2022-1-001, AZE-2022-1-002 1.3.2.1 Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review. GER-2022-1-005, KOS-2022-1-001 1.3.2.2 Constitutional Justice - Jurisdiction - Type of review - Abstract / concrete review. CRO-2022-1-003, MDA-2022-1-002 1.3.4.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of fundamental rights and freedoms. MDA-2022-1-002 1.3.4.3 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between central government and federal or regional entities. GER-2022-1-006, USA-2022-1-002 1.3.4.4 Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities. KOS-2022-1-002 1.3.4.7.2 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights. POR-2022-1-001, POR-2022-1-002, POR-2022-1-003, POR-2022-1-004 1.3.4.10 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments. NOR-2022-1-001 1.3.4.10.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of the constitutionality of enactments - Limits of the legislative competence. GER-2022-1-006 1.3.4.14 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between the EU and member states. GER-2022-1-004 1.3.5.1 Constitutional Justice - Jurisdiction - The subject of review - International treaties. GER-2022-1-004, USA-2022-1-007 1.3.5.5 Constitutional Justice - Jurisdiction - The subject of review - Laws and other rules having the force of law. KOS-2022-1-001 1.3.5.8 Constitutional Justice - Jurisdiction - The subject of review - Rules issued by federal or regional entities. USA-2022-1-001 1.3.5.9 Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules. RSA-2022-1-001 1.3.5.12 Constitutional Justice - Jurisdiction - The subject of review - Court decisions. CRO-2022-1-003 1.3.5.13 Constitutional Justice - Jurisdiction - The subject of review - Administrative acts. KOS-2022-1-002 1.4 Constitutional Justice - Procedure. FRA-2022-1-004 1.4.2 Constitutional Justice - Procedure - Summary procedure. GER-2022-1-005 1.4.9.1 Constitutional Justice - Procedure - Parties - Locus standi. USA-2022-1-005 1.4.9.3.2 Constitutional Justice - Procedure - Parties - Representation - Legal representation other than the Bar. RSA-2022-1-001 1.4.10.6 Constitutional Justice - Procedure - Interlocutory proceedings - Challenging of a judge. FRA-2022-1-004 1.4.10.7 Constitutional Justice - Procedure - Interlocutory proceedings - Request for a preliminary ruling by the Court of Justice of the EU. ITA-2022-1-001, ITA-2022-1-002, ITA-2022-1-004 1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality. ITA-2022-1-002, ITA-2022-1-003, RSA-2022-1-001 1.6.3.1 Constitutional Justice - Effects - Effect erga omnes - Stare decisis. USA-2022-1-009 1.6.4 Constitutional Justice - Effects - Effect inter partes. ECJ-2022-1-003 1.6.6.1 Constitutional Justice - Effects - Execution - Body responsible for supervising execution. CRO-2022-1-002 1.6.9.1 Constitutional Justice - Effects - Consequences for other cases - Ongoing cases. CRO-2022-1-002 2.1.1.1 Sources - Categories - Written rules - National rules. ITA-2022-1-001, ITA-2022-1-002, ITA-2022-1-003, ITA-2022-1-004, KOS-2022-1-001 2.1.1.1.1 Sources - Categories - Written rules - National rules - Constitution. AZE-2022-1-001, AZE-2022-1-002, ITA-2022-1-002, ITA-2022-1-003, ITA-2022-1-004, KOS-2022-1-002, MDA-2022-1-005, NOR-2022-1-001, SWE-2022-1-001 2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law. ITA-2022-1-001, ITA-2022-1-002, ITA-2022-1-003, SVK-2022-1-001 2.1.1.4 Sources - Categories - Written rules - International instruments. MDA-2022-1-003, MKD-2022-1-001 2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950. AZE-2022-1-001, AZE-2022-1-002, GBR-2022-1-002, ITA-2022-1-001, ITA-2022-1-002, KOS-2022-1-001, MDA-2022-1-001, MDA-2022-1-003, MDA-2022-1-006, SWE-2022-1-001 2.1.1.4.12 Sources - Categories - Written rules - International instruments - Convention on the Elimination of all Forms of Discrimination against Women of 1979. ARG-2022-1-001 2.1.1.4.14 Sources - Categories - Written rules - International instruments - European Charter of Local Self-Government of 1985. KOS-2022-1-002 2.1.1.4.18 Sources - Categories - Written rules - International instruments - Charter of Fundamental Rights of the European Union of 2000. ITA-2022-1-001, ITA-2022-1-002, ITA-2022-1-003 2.1.3.1 Sources - Categories - Case-law - Domestic case-law. CRO-2022-1-001, GBR-2022-1-001, KOS-2022-1-001, KOS-2022-1-002 2.1.3.2 Sources - Categories - Case-law - International case-law. GBR-2022-1-002 2.1.3.2.1 Sources - Categories - Case-law - International case-law - European Court of Human Rights. ITA-2022-1-001, ITA-2022-1-002, KOS-2022-1-001, MDA-2022-1-001, MDA-2022-1-002, MDA-2022-1-006, SWE-2022-1-001 2.2.1.1 Sources - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions. GER-2022-1-004 2.2.1.6 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law. ITA-2022-1-001, ITA-2022-1-002, ITA-2022-1-003 2.2.1.6.3 Sources - Hierarchy - Hierarchy as between national and non-national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions. GER-2022-1-004 2.2.2.2 Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law. ITA-2022-1-003 2.3.1 Sources - Techniques of review - Concept of manifest error in assessing evidence or exercising discretion. ARG-2022-1-001 2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation. SVK-2022-1-001 2.3.8 Sources - Techniques of review - Systematic interpretation. ITA-2022-1-003, ITA-2022-1-004 3.1 General Principles - Sovereignty. GER-2022-1-004 3.3.1 General Principles - Democracy - Representative democracy. GER-2022-1-001, GER-2022-1-004 3.4 General Principles - Separation of powers. BUL-2022-1-001, BUL-2022-1-002, CRO-2022-1-001, ECJ-2022-1-003, GER-2022-1-005, MDA-2022-1-007, RSA-2022-1-001 3.5 General Principles - Social State. BUL-2022-1-004 3.7 General Principles - Relations between the State and bodies of a religious or ideological nature. MEX-2022-1-003, USA-2022-1-004, USA-2022-1-008 3.9 General Principles - Rule of law. BUL-2022-1-001, BUL-2022-1-002, BUL-2022-1-004, ECJ-2022-1-002, ITA-2022-1-001, ITA-2022-1-002, MDA-2022-1-005 3.10 General Principles - Certainty of the law. AZE-2022-1-001, ECJ-2022-1-002, MDA-2022-1-002, MDA-2022-1-003, POR-2022-1-004 3.11 General Principles - Vested and/or acquired rights. BUL-2022-1-003 3.12 General Principles - Clarity and precision of legal provisions. BIH-2022-1-001, CZE-2022-1-002, GER-2022-1-005, GER-2022-1-007, KOR-2022-1-002, MDA-2022-1-002, MDA-2022-1-003, SVK-2022-1-001 3.13 General Principles - Legality. CRO-2022-1-001, SLO-2022-1-001, SLO-2022-1-002, SLO-2022-1-003 3.14 General Principles - Nullum crimen, nulla poena sine lege. KOR-2022-1-002 3.16 General Principles - Proportionality. AUT-2022-1-001, BIH-2022-1-002, BUL-2022-1-003, CZE-2022-1-002, ECJ-2022-1-001, ECJ-2022-1-002, ECJ-2022-1-006, FRA-2022-1-002, GER-2022-1-006, KOR-2022-1-001, KOR-2022-1-002, KOR-2022-1-003, MDA-2022-1-002, MDA-2022-1-006, POR-2022-1-005 3.17 General Principles - Weighing of interests. AUT-2022-1-001, BIH-2022-1-002, GER-2022-1-002, GER-2022-1-005, GER-2022-1-006, ITA-2022-1-001, ITA-2022-1-002, KOR-2022-1-001, KOR-2022-1-002, MDA-2022-1-001, MDA-2022-1-002, SUI-2022-1-002 3.18 General Principles - General interest. ECJ-2022-1-002, GER-2022-1-005, GER-2022-1-006, MDA-2022-1-002 3.19 General Principles - Margin of appreciation. FRA-2022-1-002, GER-2022-1-001, GER-2022-1-005, GER-2022-1-006, ITA-2022-1-003 3.20 General Principles - Reasonableness. ITA-2022-1-001, ITA-2022-1-002, ITA-2022-1-003 3.21 General Principles - Equality. BUL-2022-1-003, BUL-2022-1-004 3.22 General Principles - Prohibition of arbitrariness. ARG-2022-1-001 3.26 General Principles - Fundamental principles of the Internal Market. ECJ-2022-1-008 4.4.3.3 Institutions - Head of State - Powers - Relations with judicial bodies. MDA-2022-1-007 4.4.4.1 Institutions - Head of State - Appointment - Necessary qualifications. GER-2022-1-001 4.5.3.1 Institutions - Legislative bodies - Composition - Election of members. GER-2022-1-001 4.5.4.1 Institutions - Legislative bodies - Organisation - Rules of procedure. RSA-2022-1-001 4.5.7 Institutions - Legislative bodies - Relations with the executive bodies. BUL-2022-1-002 4.5.8 Institutions - Legislative bodies - Relations with judicial bodies. BUL-2022-1-002, MDA-2022-1-002 4.5.10.3 Institutions - Legislative bodies - Political parties - Role. MEX-2022-1-005 4.6.2 Institutions - Executive bodies - Powers. BUL-2022-1-001, POR-2022-1-004 4.6.3.1 Institutions - Executive bodies - Application of laws - Autonomous rule-making powers. POR-2022-1-004 4.6.3.2 Institutions - Executive bodies - Application of laws - Delegated rule-making powers. GBR-2022-1-001 4.6.6 Institutions - Executive bodies - Relations with judicial bodies. MDA-2022-1-002 4.6.10.1.2 Institutions - Executive bodies - Liability - Legal liability - Civil liability. RSA-2022-1-004 4.7.1 Institutions - Judicial bodies - Jurisdiction. ECJ-2022-1-003, MDA-2022-1-002 4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment. ECJ-2022-1-004, MDA-2022-1-005 4.7.4.1.4 Institutions - Judicial bodies - Organisation - Members - Term of office. ECH-2022-1-003, MDA-2022-1-005 4.7.4.1.5 Institutions - Judicial bodies - Organisation - Members - End of office. BUL-2022-1-001 4.7.4.1.6 Institutions - Judicial bodies - Organisation - Members - Status. MDA-2022-1-005 4.7.4.1.6.2 Institutions - Judicial bodies - Organisation - Members - Status - Discipline. BUL-2022-1-001, KOR-2022-1-003 4.7.5 Institutions - Judicial bodies - Supreme Judicial Council or equivalent body. MDA-2022-1-005 4.7.6 Institutions - Judicial bodies - Relations with bodies of international jurisdiction. MDA-2022-1-003 4.7.8 Institutions - Judicial bodies - Ordinary courts. MDA-2022-1-003 4.7.8.1 Institutions - Judicial bodies - Ordinary courts - Civil courts. MDA-2022-1-002 4.7.8.2 Institutions - Judicial bodies - Ordinary courts - Criminal courts. CZE-2022-1-003 4.7.12 Institutions - Judicial bodies - Special courts. USA-2022-1-006 4.8.2 Institutions - Federalism, regionalism and local self-government - Regions and provinces. GER-2022-1-001, GER-2022-1-006 4.8.3 Institutions - Federalism, regionalism and local self-government - Municipalities. GER-2022-1-006, KOS-2022-1-002 4.8.4.1 Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy. KOS-2022-1-002 4.8.6.3 Institutions - Federalism, regionalism and local self-government - Institutional aspects - Courts. GER-2022-1-001 4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy. MEX-2022-1-006 4.9.6 Institutions - Elections and instruments of direct democracy - Representation of minorities. MEX-2022-1-001 4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates. GER-2022-1-001 4.9.8.1 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign financing. USA-2022-1-005 4.9.8.2 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Campaign expenses. MEX-2022-1-004 4.10 Institutions - Public finances. GER-2022-1-006 4.10.1 Institutions - Public finances - Principles. BUL-2022-1-003 4.10.2 Institutions - Public finances - Budget. ECJ-2022-1-002, MEX-2022-1-006 4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces. UKR-2022-1-001 4.11.2 Institutions - Armed forces, police forces and secret services - Police forces. RSA-2022-1-004 4.14 Institutions - Activities and duties assigned to the State by the Constitution. RSA-2022-1-004 4.16.1 Institutions - International relations - Transfer of powers to international institutions. GER-2022-1-004 4.17.1.1 Institutions - European Union - Institutional structure - European Parliament. ECJ-2022-1-002 4.17.1.3 Institutions - European Union - Institutional structure - Council of Ministers. ECJ-2022-1-002 4.17.1.4 Institutions - European Union - Institutional structure - European Commission. ECJ-2022-1-002 4.17.2 Institutions - European Union - Distribution of powers between the EU and member states. GER-2022-1-004, ITA-2022-1-004 4.17.2.1 Institutions - European Union - Distribution of powers between the EU and member states - Sincere co-operation between EU institutions and member States. ECJ-2022-1-003, ITA-2022-1-001, ITA-2022-1-002 4.17.3 Institutions - European Union - Distribution of powers between institutions of the EU. ECJ-2022-1-002 4.18 Institutions - State of emergency and emergency powers. LAT-2022-1-002, POR-2022-1-001, POR-2022-1-002, POR-2022-1-003 5.1.1 Fundamental Rights - General questions - Entitlement to rights. GBR-2022-1-001 5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - Citizens of the European Union and non-citizens with similar status. ECJ-2022-1-008 5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status. ECJ-2022-1-005 5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors. USA-2022-1-007 5.1.1.4.4 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Military personnel. UKR-2022-1-001 5.1.1.5.1 Fundamental Rights - General questions - Entitlement to rights - Legal persons - Private law. BUL-2022-1-003 5.1.3 Fundamental Rights - General questions - Positive obligation of the state. BEL-2022-1-002, ECH-2022-1-004, GER-2022-1-003, SRB-2022-1-001 5.1.4 Fundamental Rights - General questions - Limits and restrictions. BUL-2022-1-003, ECJ-2022-1-008, GER-2022-1-007, MDA-2022-1-004, SUI-2022-1-001 5.1.4.3 Fundamental Rights - General questions - Limits and restrictions - Subsequent review of limitation. MDA-2022-1-002 5.1.5 Fundamental Rights - General questions - Emergency situations. GER-2022-1-005 5.2 Fundamental Rights - Equality. CRO-2022-1-001, ITA-2022-1-003, ITA-2022-1-004, KOS-2022-1-001, LAT-2022-1-002 5.2.1.1 Fundamental Rights - Equality - Scope of application - Public burdens. GER-2022-1-006 5.2.1.2 Fundamental Rights - Equality - Scope of application - Employment. CRO-2022-1-002, ECJ-2022-1-006 5.2.1.2.1 Fundamental Rights - Equality - Scope of application - Employment - In private law. KOR-2022-1-004 5.2.1.2.2 Fundamental Rights - Equality - Scope of application - Employment - In public law. USA-2022-1-010 5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security. BUL-2022-1-004, ECJ-2022-1-006, ITA-2022-1-004, USA-2022-1-003 5.2.1.4 Fundamental Rights - Equality - Scope of application - Elections. ECJ-2022-1-008, GER-2022-1-001 5.2.2 Fundamental Rights - Equality - Criteria of distinction. KOR-2022-1-004 5.2.2.1 Fundamental Rights - Equality - Criteria of distinction - Gender. ARG-2022-1-001, GER-2022-1-001, KOR-2022-1-003, MEX-2022-1-002 5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin. RSA-2022-1-002 5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality. USA-2022-1-003 5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion. RSA-2022-1-002, USA-2022-1-004, USA-2022-1-008, USA-2022-1-010 5.2.2.7 Fundamental Rights - Equality - Criteria of distinction - Age. BUL-2022-1-004 5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability. MKD-2022-1-001, SLO-2022-1-001, UKR-2022-1-001 5.2.2.11 Fundamental Rights - Equality - Criteria of distinction - Sexual orientation. GBR-2022-1-002 5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status. GBR-2022-1-002, MKD-2022-1-001 5.2.2.13 Fundamental Rights - Equality - Criteria of distinction - Differentiation ratione temporis. KOR-2022-1-003 5.2.3 Fundamental Rights - Equality - Affirmative action. GER-2022-1-001, MEX-2022-1-002 5.3.1 Fundamental Rights - Civil and political rights - Right to dignity. CZE-2022-1-003, ITA-2022-1-001 5.3.2 Fundamental Rights - Civil and political rights - Right to life. BEL-2022-1-002, GER-2022-1-003, GER-2022-1-005, GER-2022-1-006, ITA-2022-1-001, MEX-2022-1-005, SLO-2022-1-002, USA-2022-1-009 5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment. ECJ-2022-1-005 5.3.4 Fundamental Rights - Civil and political rights - Right to physical and psychological integrity. ARG-2022-1-001, GER-2022-1-003, GER-2022-1-005, GER-2022-1-006 5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty. FRA-2022-1-002, ITA-2022-1-001, ITA-2022-1-002, POR-2022-1-001, POR-2022-1-002, POR-2022-1-003, POR-2022-1-004, USA-2022-1-009 5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest. ITA-2022-1-001, ITA-2022-1-002 5.3.5.1.2 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Non-penal measures. SWE-2022-1-002 5.3.5.2 Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour. SRB-2022-1-001 5.3.6 Fundamental Rights - Civil and political rights - Freedom of movement. ECJ-2022-1-008, FRA-2022-1-002 5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality. ECJ-2022-1-001, GBR-2022-1-001 5.3.9 Fundamental Rights - Civil and political rights - Right of residence. ECJ-2022-1-008 5.3.10 Fundamental Rights - Civil and political rights - Rights of domicile and establishment. ECJ-2022-1-006 5.3.11 Fundamental Rights - Civil and political rights - Right of asylum. ECJ-2022-1-005 5.3.12 Fundamental Rights - Civil and political rights - Security of the person. ARG-2022-1-001, CZE-2022-1-002 5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial. BIH-2022-1-001, CRO-2022-1-001, CZE-2022-1-001, CZE-2022-1-002, MDA-2022-1-001, MDA-2022-1-004 5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings. LAT-2022-1-001, UKR-2022-1-002 5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings. AZE-2022-1-001, ECJ-2022-1-004, ITA-2022-1-001, ITA-2022-1-002, MDA-2022-1-001, MDA-2022-1-003, USA-2022-1-006 5.3.13.1.4 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Litigious administrative proceedings. SWE-2022-1-001 5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy. ECJ-2022-1-003, ECJ-2022-1-007, MDA-2022-1-003 5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts. BEL-2022-1-001, ECH-2022-1-003, LAT-2022-1-001, MDA-2022-1-003, SWE-2022-1-003, UKR-2022-1-002 5.3.13.7 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to participate in the administration of justice. AZE-2022-1-001 5.3.13.8 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right of access to the file. MDA-2022-1-001 5.3.13.11 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public judgments. SUI-2022-1-002 5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time. CRO-2022-1-002, ECJ-2022-1-007, SRB-2022-1-001 5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence. CRO-2022-1-001, ECJ-2022-1-003, ECJ-2022-1-007 5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality. ECJ-2022-1-004, ECJ-2022-1-007 5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence. ARG-2022-1-001, CZE-2022-1-001 5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning. SUI-2022-1-002 5.3.13.19 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms. MDA-2022-1-001 5.3.13.20 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Adversarial principle. FRA-2022-1-004 5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence. CZE-2022-1-001 5.3.13.23.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to remain silent - Right not to incriminate oneself. CZE-2022-1-002 5.3.13.26 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to have adequate time and facilities for the preparation of the case. MDA-2022-1-001 5.3.13.27.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel - Right to paid legal assistance. LAT-2022-1-003 5.3.14 Fundamental Rights - Civil and political rights - Ne bis in idem. USA-2022-1-006, AZE-2022-1-002 5.3.15 Fundamental Rights - Civil and political rights - Rights of victims of crime. CZE-2022-1-003 5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State. RSA-2022-1-003 5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience. BEL-2022-1-002, GBR-2022-1-002 5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion. GBR-2022-1-002, GER-2022-1-002, RSA-2022-1-002, SUI-2022-1-001 5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship. USA-2022-1-008, USA-2022-1-010 5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression. AUT-2022-1-001, CZE-2022-1-003, ECH-2022-1-002, FIN-2022-1-001, FRA-2022-1-002, GER-2022-1-002, KOR-2022-1-001, KOR-2022-1-002, MDA-2022-1-003, MEX-2022-1-005, RSA-2022-1-002, USA-2022-1-004, USA-2022-1-005, USA-2022-1-010 5.3.22 Fundamental Rights - Civil and political rights - Freedom of the written press. SUI-2022-1-002 5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication. ECH-2022-1-002, KOR-2022-1-002 5.3.24 Fundamental Rights - Civil and political rights - Right to information. MDA-2022-1-002, MDA-2022-1-003, SUI-2022-1-002 5.3.27 Fundamental Rights - Civil and political rights - Freedom of association. ECH-2022-1-001 5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly. AUT-2022-1-001, FRA-2022-1-002, SUI-2022-1-001 5.3.29 Fundamental Rights - Civil and political rights - Right to participate in public affairs. MDA-2022-1-006 5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity. FRA-2022-1-002 5.3.31 Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation. ECH-2022-1-002, GER-2022-1-002, KOR-2022-1-001 5.3.32 Fundamental Rights - Civil and political rights - Right to private life. BEL-2022-1-002, BIH-2022-1-002, CZE-2022-1-002, CZE-2022-1-003, ECH-2022-1-004, KOR-2022-1-001, MDA-2022-1-001, MDA-2022-1-002, SUI-2022-1-002 5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data. CZE-2022-1-002, FRA-2022-1-001, FRA-2022-1-003, GER-2022-1-007, LIE-2022-1-001, SUI-2022-1-001, SVK-2022-1-001 5.3.33 Fundamental Rights - Civil and political rights - Right to family life. BIH-2022-1-002, ECH-2022-1-004, ECJ-2022-1-005, ITA-2022-1-002, ITA-2022-1-003, MKD-2022-1-001, POR-2022-1-005 5.3.33.2 Fundamental Rights - Civil and political rights - Right to family life - Succession. BIH-2022-1-002 5.3.34 Fundamental Rights - Civil and political rights - Right to marriage. GBR-2022-1-002 5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home. GER-2022-1-007, NOR-2022-1-001 5.3.36 Fundamental Rights - Civil and political rights - Inviolability of communications. FRA-2022-1-003, GER-2022-1-007 5.3.39 Fundamental Rights - Civil and political rights - Right to property. GER-2022-1-003, GER-2022-1-006, MDA-2022-1-006 5.3.39.3 Fundamental Rights - Civil and political rights - Right to property - Other limitations. BUL-2022-1-003, LAT-2022-1-002 5.3.41 Fundamental Rights - Civil and political rights - Electoral rights. MEX-2022-1-002 5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election. GER-2022-1-001 5.3.41.3 Fundamental Rights - Civil and political rights - Electoral rights - Freedom of voting. GER-2022-1-001 5.3.44 Fundamental Rights - Civil and political rights - Rights of the child. ECJ-2022-1-005, MKD-2022-1-001, POR-2022-1-005, SLO-2022-1-001, USA-2022-1-007 5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities. MEX-2022-1-001 5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education. SLO-2022-1-001 5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work. CRO-2022-1-002, KOR-2022-1-004, SLO-2022-1-002, SLO-2022-1-003 5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession. GER-2022-1-005, GER-2022-1-006 5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom. KOR-2022-1-004, SLO-2022-1-002 5.4.10 Fundamental Rights - Economic, social and cultural rights - Right to strike. ECH-2022-1-001 5.4.11 Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions. ECH-2022-1-001 5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security. ITA-2022-1-003, ITA-2022-1-004, KOR-2022-1-004, UKR-2022-1-001, USA-2022-1-003 5.4.15 Fundamental Rights - Economic, social and cultural rights - Right to unemployment benefits. ITA-2022-1-004, KOR-2022-1-004 5.4.16 Fundamental Rights - Economic, social and cultural rights - Right to a pension. BUL-2022-1-004, KOR-2022-1-004 5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions. KOR-2022-1-004, USA-2022-1-002 5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living. ITA-2022-1-003, ITA-2022-1-004 5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health. FRA-2022-1-002, GER-2022-1-005, GER-2022-1-006, ITA-2022-1-001, ITA-2022-1-004, LAT-2022-1-002, RSA-2022-1-003, SLO-2022-1-002, SLO-2022-1-003, USA-2022-1-001, USA-2022-1-002, USA-2022-1-009 5.4.20 Fundamental Rights - Economic, social and cultural rights - Right to culture. FIN-2022-1-002, FIN-2022-1-003 5.5.1 Fundamental Rights - Collective rights - Right to the environment. GER-2022-1-003, GER-2022-1-006 5.5.4 Fundamental Rights - Collective rights - Right to self-determination. MEX-2022-1-001
Abortion
USA-2022-1-009 Abstract review, limit
CRO-2022-1-003 Accountability
BUL-2022-1-001 Act, administrative, cancellation
ECJ-2022-1-001 Adoption
BIH-2022-1-002 Adoption, age limit
BIH-2022-1-002 Adoption, maximum age
POR-2022-1-005 Adoption, right, family
MKD-2022-1-001 Advertisement
MDA-2022-1-003 Age, limit
MDA-2022-1-005 Aim, legitimate
SVK-2022-1-001 Analysis, DNA
SUI-2022-1-001 Anti-deadlock, mechanism
MNE-2022-1-001 Appeal, right
LAT-2022-1-001 Arbitration Court, decision, review
UKR-2022-1-002 Argentine Law of Comprehensive Protection for Women (no. 26.405)
ARG-2022-1-001 Assessment
MDA-2022-1-005 Assistance, government
USA-2022-1-001 Attorney General, removal
BUL-2022-1-001 Audio-visual
MDA-2022-1-003 Autonomous, authority, budget, expenses, financial control
MEX-2022-1-006 Bailiff
BEL-2022-1-001 Balancing of interests
SUI-2022-1-002 Benefit, governmental
USA-2022-1-003 Bias arising from publications in the press
RSA-2022-1-002 Biometric data, storage
SUI-2022-1-001 Border controls, asylum and immigration, temporary restriction, entry
ECJ-2022-1-008 Broadcast, freedom
KOR-2022-1-002 Broadcast, independence
KOR-2022-1-002 Budget, allocation
MEX-2022-1-006 Budget, appropriation, extraordinary
MEX-2022-1-006 Budget, EU, execution
ECJ-2022-1-002 Budget, EU, measures, protection
ECJ-2022-1-002 Budget, expenditure
MEX-2022-1-006 Care, compulsory, adult
SWE-2022-1-002 Care, compulsory, detention, adult
SWE-2022-1-002 Centralised heating
MDA-2022-1-006 Chapter 9 institution
RSA-2022-1-001 Chapter 9 office bearer, removal
RSA-2022-1-001 Child, abduction, international
USA-2022-1-007 Child, best interests
BIH-2022-1-002 Child, custody
USA-2022-1-007 Child, educational and recreational facilities, access
SLO-2022-1-001 Child, minor, subsidiary protection
ECJ-2022-1-005 Child, physical disability, best interests
MKD-2022-1-001 Childbirth allowance and maternity allowance
ITA-2022-1-003 Children, special needs, condition, mental and physical
SLO-2022-1-001 Chilling effect, expression
KOR-2022-1-001 Church and state, separation
MEX-2022-1-003 Citizenship, registration, fee, children
GBR-2022-1-001 Citizenship, withdrawal
ECJ-2022-1-001 Civil proceedings
BEL-2022-1-001 Civil proceedings, legal person
LAT-2022-1-001 Clause, territory
USA-2022-1-003 Climate change
GER-2022-1-003, GER-2022-1-006 Climate, protection
GER-2022-1-003, GER-2022-1-006 Collection, data
SVK-2022-1-001 Collective bargaining agreement, trade union, employer
ECH-2022-1-001 Company, share, participation, public
GER-2022-1-006 Compensation, expenses incurred
LAT-2022-1-003 Competence, full and exclusive
KOS-2022-1-002 Competency to hold office
RSA-2022-1-001 Confidential information, protection
MDA-2022-1-002 Confiscation, property
AZE-2022-1-001 Connection data, retention
FRA-2022-1-003 Constitutional Court
CRO-2022-1-002 Constitutional Court Jurisdiction
RSA-2022-1-003 Constitutional Court, decision, effects
ECJ-2022-1-003 Constitutional Court, decision, effects, conditions
ECJ-2022-1-003 Constitutional Court, jurisdiction
CRO-2022-1-003 Constitutional identity
GER-2022-1-004 Constitutionality, legality
MNE-2022-1-001 Contribution limit, political candidate
USA-2022-1-005 Contribution, external, website, publication
FRA-2022-1-004 Corruption prevention
MDA-2022-1-004 Corruption, quid pro quo
USA-2022-1-005 Costs, legal
SWE-2022-1-001 Costs, legal, reimbursement, refusal
SWE-2022-1-001 Court fee, exemption
LAT-2022-1-001 Court rulings, notification
BEL-2022-1-001 COVID-19, health pass, political meeting, access
FRA-2022-1-002 COVID-19, pandemic
NOR-2022-1-001, BIH-2022-1-001, LAT-2022-1-002, USA-2022-1-002, USA-2022-1-001 COVID-19, pandemic, legislative response
GER-2022-1-005 COVID-19, pandemic, measures
SLO-2022-1-001, SLO-2022-1-002, GER-2022-1-005, SLO-2022-1-003 COVID-19, pandemic, rights
POR-2022-1-003, POR-2022-1-002, POR-2022-1-001, POR-2022-1-004 COVID-19, prohibition of movement
BIH-2022-1-001 COVID-19, vaccine pass, places, access
FRA-2022-1-002 Criminal proceedings, access to the case file
SUI-2022-1-002 Criminal proceedings, investigation, inviolability of the body, right
CZE-2022-1-002 Customs
MDA-2022-1-002 Data collection, secret
GER-2022-1-007 Data transfer, third country
GER-2022-1-007 Data, personal, treatment
GER-2022-1-007 Data, use, purpose limitation, principle
GER-2022-1-007 De facto family life, adult(s)-children, absence of biological ties or recognised legal ties
ECH-2022-1-004 Deadline, renewal
UKR-2022-1-002 Debate, political
MEX-2022-1-005 Defamation, criminal
KOR-2022-1-001, FIN-2022-1-001 Defamation, fact, public allegation
KOR-2022-1-001 Defamation, politician
FIN-2022-1-001 Defamation, press
FIN-2022-1-001 Defamation, social media
FIN-2022-1-001 Defence, national
UKR-2022-1-001 Democracy, core, right, individual
GER-2022-1-004 Demonstration
SUI-2022-1-001 Demonstration, ban
AUT-2022-1-001 Derogatory statements, criminal conviction
GER-2022-1-002 Disability
UKR-2022-1-001 Disability, persons, protection
GER-2022-1-005 Disciplinary procedure, civil action
ECJ-2022-1-007 Disconnected flat
MDA-2022-1-006 Discrimination, religious viewpoint
USA-2022-1-004 Disease, infectious, measures
NOR-2022-1-001, SLO-2022-1-003, SLO-2022-1-002, SLO-2022-1-001 Disease, infectious, vaccination, obligatory
SLO-2022-1-003 DNA analysis, destruction of results
CZE-2022-1-002 Document, right of access, limit
SUI-2022-1-002 Double jeopardy
USA-2022-1-006 Drone, facial recognition
FRA-2022-1-001 Drone, use, administrative policing
FRA-2022-1-001 Dual sovereignty
USA-2022-1-006 Early retirement, choice, reduced pension
BUL-2022-1-004 Early retirement, intergenerational contract
BUL-2022-1-004 Ecological minimum standard of living
GER-2022-1-003 Education
KOS-2022-1-002 Election, candidacy, nomination, gender
GER-2022-1-001 Election, candidate list
GER-2022-1-001 Election, candidate, gender
MEX-2022-1-002, GER-2022-1-001 Election, electoral campaign, restriction
MEX-2022-1-004 Election, law, gender, balance
GER-2022-1-001 Elections, invalidation
MEX-2022-1-003 Electoral campaign, social media, limitation
MEX-2022-1-004 Electoral result, rectification
MEX-2022-1-003 Electoral rules, breach
MEX-2022-1-003 Electricity, supply
GER-2022-1-006 Employees, industrial action, no authorisation, dismissal
ECH-2022-1-001 Employment
SWE-2022-1-003 Employment, health, protection, workplace
SLO-2022-1-003 Employment, part-time, marginal
KOR-2022-1-004 Employment, public-sector
SLO-2022-1-003 Employment, sanction, occupational
SLO-2022-1-003 Energy sector
KOS-2022-1-001 Energy, renewable
GER-2022-1-006 Equal protection
USA-2022-1-003 Equality, gender, legislator, latitude
GER-2022-1-001 Equality, gender, representation, Parliament
GER-2022-1-001 Equality, marriage, family life
KOR-2022-1-003 Ethics, public service
KOR-2022-1-003 EU citizenship, loss
ECJ-2022-1-001 European Arrest Warrant
ITA-2022-1-001, ITA-2022-1-002, ECJ-2022-1-004 European Union act, ultra vires, review
GER-2022-1-004 European Union, citizen, free movement and free residence within the territory of the Member States, right
ECJ-2022-1-008 European Union, competences, international treaty, conclusion
GER-2022-1-004 European Union, Court of Justice, jurisdiction, limits
ECJ-2022-1-007 European Union, law, primacy, limits, constitutional
GER-2022-1-004 Euthanasia, advance statement
BEL-2022-1-002 Evidence, circumstantial
CZE-2022-1-001 Evidence, prosecution, adequacy
CZE-2022-1-001 Ex ante review, Constitutional Council, rules of procedure
FRA-2022-1-004 Ex ante review, referral, author, contribution, written
FRA-2022-1-004 Ex ante review, referral, author, hearing
FRA-2022-1-004 Extremist crimes, hate speech, criminal proceedings
CZE-2022-1-003 Factual Causation
RSA-2022-1-003 Fair balance
MDA-2022-1-006, MDA-2022-1-002 Fair trial
MDA-2022-1-001 Family unit allowance
ITA-2022-1-004 Federation, delegation of powers
GER-2022-1-001 Federation, entity, constitution
GER-2022-1-001 Fingerprint
SUI-2022-1-001 Fishing, restriction
FIN-2022-1-002, FIN-2022-1-003 Free trade, agreement, application, provisional
GER-2022-1-004 Free trade, agreement, European Union
GER-2022-1-004 Free trade, agreement, mixed
GER-2022-1-004 Freedom of conscience, physician
BEL-2022-1-002 Freedom of economic activity
SLO-2022-1-002 Freedom of enterprise, restriction
SLO-2022-1-002 Freedom of expression, restriction
MDA-2022-1-003 Freedom of opinion
SUI-2022-1-001 Freedom of peaceful assembly
SUI-2022-1-001 Freedom of work
SLO-2022-1-002 Freedom to provide services, workers, posting
ECJ-2022-1-006 Gender equality, fundamental value, democracy
MEX-2022-1-002 Gender, balance
GER-2022-1-001 Gender, parity
GER-2022-1-001 General interest, climate, protection
GER-2022-1-006 General interest, healthcare system, proper functioning
GER-2022-1-005 General interest, life and health, protection
GER-2022-1-005 Government speech, flag
USA-2022-1-004 Government, power
USA-2022-1-002 GRETA
SRB-2022-1-001 Hague Convention
USA-2022-1-007 Hate speech
RSA-2022-1-002, GER-2022-1-002 Health insurance
USA-2022-1-001 Health pass, requirement to show
SLO-2022-1-003 Health service
LAT-2022-1-002 Health, public, vaccination, compulsory
SLO-2022-1-003 Home, respect
NOR-2022-1-001 Human trafficking, prohibition
SRB-2022-1-001 Independence of the judiciary
BUL-2022-1-002, BUL-2022-1-001 Independence, executing judicial authority
ECJ-2022-1-004 Indigenous people
USA-2022-1-006 Infectious disease, protection
GER-2022-1-005 Insult, context
GER-2022-1-002 Insult, politician
GER-2022-1-002 Integrity, candidate, evaluation
MDA-2022-1-007 Inter-American Court of Human Rights, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women "Convention Belem do Pará"
ARG-2022-1-001 Interference, broadcast programming
KOR-2022-1-002 Interim measure, execution
CRO-2022-1-002 Interim measure, suspension of enforcement
CRO-2022-1-002 International protection, application, rejection
ECJ-2022-1-005 Internet media outlet, civil defamation, article, publication, criticising actions of the administration
ECH-2022-1-002 Interpretation, judicial, Supreme Court, Civil Division
CRO-2022-1-003 Interpretation, uniform
CRO-2022-1-001 Inter-temporal guarantees of freedom
GER-2022-1-003 Investigation, criminal law
RSA-2022-1-004 Investigation, inadequate
RSA-2022-1-004 Investigation, obligation
RSA-2022-1-004 Judge, appointment
MDA-2022-1-005 Judge, cessation of duty, election
MNE-2022-1-001 Judge, independence
MDA-2022-1-005 Judge, irremovability
BUL-2022-1-001 Judges, appointment, executive
ECJ-2022-1-004 Judicial council
MDA-2022-1-007 Judicial review
MDA-2022-1-007 Labour law obligations, non-compliance, penalties, proportionality
ECJ-2022-1-006 Law, Bermuda
GBR-2022-1-002 Lawyer, fee
LAT-2022-1-003 Legal costs, reimbursement, refusal
LAT-2022-1-003 Legal opinion, uniform interpretation of law, national court, session of judges
CRO-2022-1-001 Legal provision, suspension
GER-2022-1-005 Legitimate aim
KOS-2022-1-001 Limitation Clause
RSA-2022-1-002 Local self-government
KOS-2022-1-002 Mandatory confinement
POR-2022-1-004, POR-2022-1-003, POR-2022-1-001, POR-2022-1-002 Means of appeal, obligation to inform recipients
BEL-2022-1-001 Measure of restraint
SUI-2022-1-001 Mechanism, conditionality, appeal for annulment
ECJ-2022-1-002 Media
SUI-2022-1-002 Medical Negligence
RSA-2022-1-003 Member State, budget, benefit, conditions
ECJ-2022-1-002 Military service
UKR-2022-1-001 Minister of Justice, powers, removal from office of heads of the judiciary
BUL-2022-1-001 Minority, ethnic, indigenous
MEX-2022-1-001 Minority, Parliament, representation
MEX-2022-1-001 Misdemeanour proceedings
BIH-2022-1-001 Misogyny, societal culture
KOR-2022-1-003 Monetary allowance, one-time
UKR-2022-1-001 Moratorium, acquisition prescription, private property, public bodies
BUL-2022-1-003 Municipality, competence
KOS-2022-1-002 Mutual legal assistance
LIE-2022-1-001 National, third country
ECJ-2022-1-005 Naturalisation, cancellation
ECJ-2022-1-001 Nonsectarian, institution
USA-2022-1-008 Obligation, international
KOS-2022-1-001 Payment, obligation
MDA-2022-1-006 People, indigenous, Sámi
FIN-2022-1-003, FIN-2022-1-002 Personal data, collection
SUI-2022-1-001, GER-2022-1-007 Personal data, retention
SUI-2022-1-001 Personality right, public figure
GER-2022-1-002 Personality, general right
GER-2022-1-002 Police, criminal authority, judicial supervision
GER-2022-1-007 Police, defective exercise of duty
RSA-2022-1-004 Police, investigation
RSA-2022-1-004 Police, measure
GER-2022-1-007 Police, surveillance, limits
GER-2022-1-007 Political competition, opportunities, equal
GER-2022-1-001 Political nature of proceedings
LIE-2022-1-001 Political party, expression of view, scope
MEX-2022-1-005 Political speech
USA-2022-1-005 Political will, formation
GER-2022-1-001 Politician, defamation
GER-2022-1-002 Politician, honour, protection
GER-2022-1-002 Prayer at school
USA-2022-1-010 Precaution, principle
LAT-2022-1-002 Precedent, overruled
USA-2022-1-009 Premature termination of position, ex lege, after judicial reform
ECH-2022-1-003 Prevention effect, criminal penalty
KOR-2022-1-001 Principle, ne-bis in idem, proportionality
AZE-2022-1-002 Principle, legality
SLO-2022-1-002 Principles, competing
MDA-2022-1-002 Privacy, invasion, proportionality
SUI-2022-1-001, GER-2022-1-007 Privacy, right
SUI-2022-1-002 Private life, principle of self-determination
BEL-2022-1-002 Proceedings, criminal
AZE-2022-1-001 Processing, data
SVK-2022-1-001 Professional integrity test
MDA-2022-1-004 Proof, standard
CZE-2022-1-001 Property registration, obligatory
KOR-2022-1-003 Property, legal persons, equal treatment
LAT-2022-1-002 Property, transfer, reform, institutional
BUL-2022-1-002 Proportionality
KOS-2022-1-001 Prosecutorial council
MDA-2022-1-007 Public agent
MDA-2022-1-004 Public character of proceedings
SUI-2022-1-002 Public finances, levy, non-tax
GER-2022-1-006 Public interest
SUI-2022-1-002 Public order, threat
AUT-2022-1-001 Public servant, free speech, prayer
USA-2022-1-010 Rape, consent, power dynamics, stigma, trauma
ARG-2022-1-001 Recording, destruction
MDA-2022-1-001 Recusal
RSA-2022-1-002 Reduction, greenhouse gas
GER-2022-1-003, GER-2022-1-006 Reference for a preliminary ruling, limitation
ECJ-2022-1-007 Reference for a preliminary ruling, loyal cooperation
ECJ-2022-1-003 Referral, website, online
FRA-2022-1-004 Refugee, status, determination
ECJ-2022-1-005 Regime, disciplinary, judge
ECJ-2022-1-007 Regulation, implementing
SLO-2022-1-002 Regulations, conformity
MNE-2022-1-001 Religiously motivated legislation
GBR-2022-1-002 Remote search, information technology systems, right
GER-2022-1-007 Reproductive Rights
USA-2022-1-009 Residence, discrimination.
KOS-2022-1-001 Restriction, freedom
SUI-2022-1-001 Retirement, benefit, payment
KOR-2022-1-004 Review, constitutional
NOR-2022-1-001 Right of defence
MDA-2022-1-001 Right to a future in accordance with human dignity
GER-2022-1-003 Right to die
BEL-2022-1-002 Right to information
MDA-2022-1-002 Right to life
BEL-2022-1-002 Right to self-determination in relation to data
SUI-2022-1-002 Rights, Fundamental, Charter, European Union
SVK-2022-1-001 Rights, people, indigenous
FIN-2022-1-002, FIN-2022-1-003 Risk assessment, automated, data, personal
SVK-2022-1-001 Rules drafted and adopted by National Assembly, constitutional validity
RSA-2022-1-001 Same-sex marriage
GBR-2022-1-002 Sample, odour, evidentiary value
CZE-2022-1-001 Schengen Borders Code
ECJ-2022-1-008 School, learning distance
SLO-2022-1-001 School, private, equal treatment
USA-2022-1-008 School, private, financial support
USA-2022-1-008 Security, public, danger
GER-2022-1-007 Separation of powers
MDA-2022-1-007, ECJ-2022-1-003 Serious threat to public order or internal security, internal border control, reintroduction temporary
ECJ-2022-1-008 Sexual assault, testimony, victim’s qualification of facts, vocabulary, legal definition
ARG-2022-1-001 Shop, closure
LAT-2022-1-002 Social media platform, freedom of expression
GER-2022-1-002 Social media, statements, offensive
GER-2022-1-002 Social protection, right
UKR-2022-1-001 Sources of law, legal opinions, compulsory
CRO-2022-1-001 Standard, strict scrutiny
KOR-2022-1-003 Statutory basis, requirement, law, constitutional
SLO-2022-1-002 Subject of review, law, direct challenge
GER-2022-1-005 Supreme Court, president, removal
BUL-2022-1-001 Surrender
ITA-2022-1-002, ITA-2022-1-001 Surrender procedure between Member States
ECJ-2022-1-004 Surveillance, secret, measure
GER-2022-1-007 Teleshopping
MDA-2022-1-003 Territory
USA-2022-1-003 Terrorism, fight, fundamental rights, protection, weighing
GER-2022-1-007 Terrorist organisation, symbols, ban
AUT-2022-1-001 Testimony, credibility
ARG-2022-1-001 The state, duty to protect life
BEL-2022-1-002 Third party, rights, protection
UKR-2022-1-002 Third-country nationals
ITA-2022-1-003, ITA-2022-1-002, ITA-2022-1-004 Tort, constitutional
RSA-2022-1-004 Ultra vires
GER-2022-1-004 Unification of jurisprudence, legislative model
CRO-2022-1-001 Vaccination
USA-2022-1-001, USA-2022-1-002 Vaccination, compulsory
SLO-2022-1-003 Vaccination, obligatory
GER-2022-1-005 Vulnerable persons, protection
GER-2022-1-005 Wind energy
GER-2022-1-006 Woman, rights, advancement
MEX-2022-1-002 Woman, violence against, prevention
MEX-2022-1-002 Women, representation, political
GER-2022-1-001 Women, social status
KOR-2022-1-003 Working hours, contractual
KOR-2022-1-004 Workplace safety
USA-2022-1-002