e-Bulletin on Constitutional Case-Law
2025/3

The electronic Bulletin on Constitutional Case-Law ("e-Bulletin") is produced by the European Commission for Democracy through Law, better known as the Venice Commission of the Council of Europe. 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 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 is of vital importance. The main purpose of the e-Bulletin on Constitutional Case-Law is therefore to foster such 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 with different legal traditions.

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

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

July 2026

Albania

ALB-2025-3-012 a) Albania b) Constitutional Court c) d) 29.07.2025 e) 44 f) Violation of the right to the protection of personal data and the secrecy of correspondence, resulting from the seizure and examination of a mobile phone
In terms of smartphones, access to stored data can potentially extend to a very wide range of information and allow for very detailed conclusions to be drawn about the private, professional and social life of the individual. State interference therewith is an impingement on an extended area of private life, of high constitutional intensity. To avoid arbitrariness, the search, analysis, and select... Read more
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
5.3.36.1 Fundamental Rights - Civil and political rights - Inviolability of communications - Correspondence
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
3.22 General Principles - Prohibition of arbitrariness
Data, Personal, Electronic processing / Seizure, Electronic device

ALB-2025-3-013 a) Albania b) Constitutional Court c) d) 01.07.2025 e) 42 f) Search of the applicant’s office in the course of enforcing a seizure order
The main office or premises of a legal entity, where professional activities are carried out, are equivalent to a “home” within the meaning of Article 37 of the Constitution and Article 8 ECHR; therefore, their inviolability is guaranteed. It would be disproportionate for the burden of proof to be placed solely on the individual, when it is the obligation of the public authority to clearly docume... Read more
5.3.35 Fundamental Rights - Civil and political rights - Inviolability of the home
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
Lawyer, Office, Electronic data, Seizure / House search

ALB-2025-3-014 a) Albania b) Constitutional Court c) d) 15.10.2025 e) 58 f)
The autonomy and independence of the Order of Physicians does not preclude the State from exercising its supervisory powers in matters of public interest. The balance between the public interest and the individual right is safeguarded through compliance with the physician’s obligations vis- à-vis the public institution and the rules concerning conflict of interest, without the need for prior auth... Read more
3.9 General Principles - Rule of law
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession
3.16 General Principles - Proportionality
Discrimination, Healthcare / Disciplinary offences

ALB-2025-3-015 a) Albania b) Constitutional Court c) d) 16.10.2025 e) 60 f)
Under the transitional regime, pursuant to Article 179.3 of the Constitution, the duration of the constitutional mandates of judges appointed or elected into office is not subject to the provisions of the permanent constitutional regime governed by Articles 125.3 and 129 of the Constitution. With a view to implementing the constitutional principle of the partial periodic renewal of the Court, the... Read more
1.3.4.8 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of jurisdictional conflict
4.7.4.1.2 Institutions - Judicial bodies - Organisation - Members - Appointment
Judge, Mandate, Extension / Conflict of powers / Periodic renewal of the Court

ALB-2025-3-016 a) Albania b) Constitutional Court c) d) 03.11.2025 e) 66 f)
A Mayor may be dismissed from office only upon the commission of serious constitutional or legal violations. The ordinary legislature does not have the competence to prescribe additional grounds for dismissal that exceed the scope of such violations. Since the measure of dismissal entails direct consequences for the exercise of the elected body mandate, public authorities are under a positive obli... Read more
1.3.4.4 Constitutional Justice - Jurisdiction - Types of litigation - Powers of local authorities
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
Mayor / Mayor, Removal / Local self-government

ALB-2025-3-017 a) Albania b) Constitutional Court c) d) 18.12.2025 e) 82 f)
The purpose of compensation under Article 41.4 of the Constitution is to restore a situation equivalent to the previous one. The rational behind this constitutional guarantee is to ensure a balance between the public interest and the deprivation of individuals’ property rights, giving rise to a clear and unconditional obligation on the part of the State to provide fair compensation for expropriati... Read more
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.3.39.1 Fundamental Rights - Civil and political rights - Right to property - Expropriation
1.5.2 Constitutional Justice - Decisions - Reasoning
3.17 General Principles - Weighing of interests
Compensation for expropriation / Market, Equality, Value

Argentina

ARG-2025-3-003 a) Argentina b) Supreme Court of Justice of the Nation c) d) 18.11.2025 e) CIV 084820/2007/CS001 f) B., M. and others v. M. S., R. M. J. and others, for damages
Questions had arisen over the dissemination of a television programme which alleged a link between certain political figures and the abduction and trafficking of children. The manner in which the news were reported and the statements made fell within the scope of the right to freedom of expression. No breach of the right to honour occurred. The interviewees’ statements, the host’s questions and co... Read more
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
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
3.22 General Principles - Prohibition of arbitrariness
3.18 General Principles - General interest
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
Real malice standard / Damages / Right to the protection of one's image / Child abduction, Allegation / Public officials, Privacy, Right

Armenia

ARM-2025-3-001 a) Armenia b) Constitutional Court c) d) 22.04.2025 e) DCC-1780 f) Constitutionality of Article 94.6 of the Constitutional Law on the “Judicial Code”, raised by the application of Artur Stepanyan
The procedure for adopting a decision by the Supreme Judicial Council on imposing disciplinary action against a judge, by imposing the disciplinary penalty of “termination of powers on the ground of an essential disciplinary violation” - under which the Supreme Judicial Council’s decision on imposed termination of powers of a judge on the ground of an essential disciplinary violation can be adopte... Read more
4.7.4.1.6.2 Institutions - Judicial bodies - Organisation - Members - Status - Discipline
4.7.16.2 Institutions - Judicial bodies - Liability - Liability of judges
4.7.4.1.5 Institutions - Judicial bodies - Organisation - Members - End of office
4.7.2 Institutions - Judicial bodies - Procedure
Supreme judicial council / Judge / Procedural guarantees / Disciplinary action, Termination of powers

Austria

AUT-2025-3-003 a) Austria b) Constitutional Court c) d) 06.10.2025 e) G 52/2024 f)
An unconditional ban on medically non-indicated egg retrieval and storage, which denies women – regardless of their age at the time of egg retrieval or use of these eggs for artificial reproduction – access to these medical procedures, is disproportionate and thus violates Article 8 ECHR.
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Assisted reproduction

AUT-2025-3-004 a) Austria b) Constitutional Court c) d) 18.12.2025 e) E 1297/2025 f)
The fundamental right to respect for private life also extends to gender identity. If gender is part of an individual's civil status, which must be recorded in the birth register, the relevant provisions must allow for an entry that reflects an individual's specific gender identity, including the option to omit any such entry in case of a serious mismatch between their perceived gender identity an... Read more
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Gender identity / Transsexuality, Recognition / Registry of births, Marriages and deaths, Modification

Bosnia and Herzegovina

BIH-2025-3-003 a) Bosnia and Herzegovina b) Constitutional Court c) Plenary d) 25.09.2025 e) AP-3058/21 f)
A restrictive and formalistic interpretation of Article 44 of the Criminal Code of the Federation of Bosnia and Herzegovina in conjunction with Article 2.2 of the Rulebook on the Execution of Community Service, regarding the commencement of the deadline for performing community service, and the failure to take into account objective reasons preventing a convicted person from performing community s... Read more
3.16 General Principles - Proportionality
5.3.13.18 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Reasoning
2.3.7 Sources - Techniques of review - Literal interpretation
2.3.10 Sources - Techniques of review - Contextual interpretation
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
Community service, Substitute / Interpretation, Formalism, Excessive / Prison sentence, Alternative, Community service / Community service, Deadline

Brazil

BRA-2025-3-011 a) Brazil b) Supreme Federal Court c) First Panel d) 11.09.2025 e) Criminal Action 2668 (AP 2668) f) Liability of defendants for attacks against the Democratic Rule of Law and a coups d'état attempt.
A former president, government officials and close aides have been found guilty of attempting a coup d'état, forming a criminal organisation and attacking the rule of law, for which they have been given custodial sentences and fines.
3.1 General Principles - Sovereignty
3.3.1 General Principles - Democracy - Representative democracy
3.9 General Principles - Rule of law
4.4.1 Institutions - Head of State - President / Regent
4.9 Institutions - Elections and instruments of direct democracy
4.11 Institutions - Armed forces, police forces and secret services
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
4.9.9.2 Institutions - Elections and instruments of direct democracy - Voting procedures - Polling booths
4.9.8.3 Institutions - Elections and instruments of direct democracy - Electoral campaign and campaign material - Access to media
4.9.13 Institutions - Elections and instruments of direct democracy - Judicial control
3.3 General Principles - Democracy
Armed forces, Use within the country / Election, Presidential, Result, Complaint / Fraud, Electoral / Immunity, Parliamentary / Incompatibility, Parliamentary mandate, Duties / Military, Intervention / Coup d'etat / Electronic voting machines, Desinformation, Media / Judiciary, Attack / Act of vandalism, Supreme Court, Collective emotional distress / Invasion, Damage, Supreme Court, Collective emotional distress / Invasion, Damage, Parliament, Collective emotional distress / Act of vandalism, Parliament, Collective emotional distress

BRA-2025-3-012 a) Brazil b) Supreme Federal Court c) Virtual Full Court d) 19.09.2025 e) Direct Action of Unconstitutionality 3901 (ADI 3901) f) State-level civil-service examinations and university entrance examinations: adjustment of dates to respect religious holidays (Sabbath) of certain religions.
State regulations that promote the adaptation of civil-service examinations and university entrance exams to the requirements of the religious Sabbath observed by certain religions are constitutional.
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature
3.21 General Principles - Equality
5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
3.17 General Principles - Weighing of interests
Conscientious objection, Religious grounds / Discrimination, Religious viewpoint / Education, Pupil, Religious identity / Public office, Access, Limitation / Religion, Religious community, Self-determination, Law, Limit / Right to hold public office / University, Admission, Equality / University, Autonomy, Limit

BRA-2025-3-013 a) Brazil b) Supreme Federal Court c) Virtual Full Court d) 26.09.2025 e) Direct Action of Unconstitutionality 5255 (ADI 5255) f) Including the Bible in the collections of state public libraries
A state law allowing the acquisition and maintenance of copies of the Bible in public library collections is constitutional and does not violate the principles of equality, religious freedom, and state secularism.
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
Bibles, Mandatory maintenance / Education, Religion / Entanglement of government and religion, Excessive / Religion, Belief, Administration, Population / Religion, Education, State neutrality / Library, Collection, Bible

BRA-2025-3-014 a) Brazil b) Supreme Federal Court c) Full Court d) 26.11.2025 e) Extraordinary Appeal 1,238,853 (RE 1,238,853) f) Possibility of independent candidacies (without party affiliation) for majority positions in the country
Independent candidacies are not permitted in the Brazilian electoral system, with party affiliation being a condition of eligibility, pursuant to Article 14.3.V of the Constitution.
3.3.1 General Principles - Democracy - Representative democracy
4.9.3 Institutions - Elections and instruments of direct democracy - Electoral system
4.9.5 Institutions - Elections and instruments of direct democracy - Eligibility
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
2.1.1.4.11 Sources - Categories - Written rules - International instruments - American Convention on Human Rights of 1969
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
3.3.3 General Principles - Democracy - Pluralist democracy
Election, Candidate, Nomination by political party, Mandatory / Election, Candidate, Political affiliation, Expression / Election, Candidate, Self-nomination, Registration / Election, Presidential, Candidate, Condition / Election process, Candidate, Discrimination / Election, Candidature, Independent candidate, Exclusion / Candidature, Political party

BRA-2025-3-015 a) Brazil b) Supreme Federal Court c) Full Court d) 18.12.2025 e) Claim of Non-Compliance with a Fundamental Precept 973 (ADPF 973) f) Black lives: structural racism and serious violations of the fundamental rights of the black population in Brazil.
To address structural racism, persistent inequalities and serious violations of fundamental precepts, the federal Executive Branch must review, with the participation of civil society, the National Plan for the Promotion of Racial Equality, or draft a new National Plan to Combat Structural Racism, including concrete measures to combat structural racism, especially in areas related to access to hea... Read more
1.6.3 Constitutional Justice - Effects - Effect erga omnes
1.6.7 Constitutional Justice - Effects - Influence on State organs
1.6.8 Constitutional Justice - Effects - Influence on everyday life
4.8 Institutions - government
5.1.1.1 Fundamental Rights - General questions - Entitlement to rights - Nationals
5.1.3 Fundamental Rights - General questions - Positive obligation of the state
5.2.2.2 Fundamental Rights - Equality - Criteria of distinction - Race
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
5.4.9 Fundamental Rights - Economic, social and cultural rights - Right of access to the public service
5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions
5.4.18 Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living
5.4.19 Fundamental Rights - Economic, social and cultural rights - Right to health
5.4.20 Fundamental Rights - Economic, social and cultural rights - Right to culture
5.5.2 Fundamental Rights - Collective rights - Right to development
Cultural heritage, Preservation / Cultural identity, Right / Education, Respect for fundamental rights / Employment, Discrimination, Quota / Discrimination, Ethnic / Ethnic group, Cultural identity / Race, Affirmative action / Racial discrimination, Protection, Principle / Racism, Social dimension / Racism, Institutional, Direct, Indirect / Discrimination, Based on perception / Racism, Effects, Public health / Prejudice, African-based religion / Anti-racism, Media campaign / Anti-racism, Educational measures

Bulgaria

BUL-2025-3-001 a) Bulgaria b) Constitutional Court c) d) 18.11.2025 e) 10 f)
The Speaker of the National Assembly is not an independent state body within the framework of the separation of powers, but is a body of the Parliament itself, and its powers, regulated at the constitutional level, are derived from the competence of parliament and aimed at ensuring its functioning. The Constitution does not allow the Speaker of the National Assembly to replace the national repres... Read more
4.9.2.1 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Admissibility
3.1 General Principles - Sovereignty
3.3.2 General Principles - Democracy - Direct democracy
3.3.1 General Principles - Democracy - Representative democracy
4.5.4.2 Institutions - Legislative bodies - Organisation - President/Speaker
1.3.4.6 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of referendums and other instruments of direct democracy
3.4 General Principles - Separation of powers
National assembly, Speaker, Powers / Acts of the Speaker of the Parliament, Constitutionality

BUL-2025-3-002 a) Bulgaria b) Constitutional Court c) d) 18.11.2025 e) 11 f)
The power to resolve on the holding of a national referendum, as enshrined in Article 84.5 of the Constitution, belongs to the National Assembly, and the chairperson of the National Assembly is not vested with the power to assess whether the legal requirements for the conduction of a national referendum are met and to reject a proposal for such, made by a body empowered by the law. According to t... Read more
1.3.5.9 Constitutional Justice - Jurisdiction - The subject of review - Parliamentary rules
4.5.4.2 Institutions - Legislative bodies - Organisation - President/Speaker
4.9.2.1 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy - Admissibility
3.1 General Principles - Sovereignty
4.9.2 Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy
4.5.2 Institutions - Legislative bodies - Powers
3.3 General Principles - Democracy
Democracy, Referendum-based / Sovereign, Competence / Parliament, Chairman, Powers, Limitations

Canada

CAN-2025-3-005 a) Canada b) Supreme Court c) d) 24.10.2025 e) 40990 f) R. v. Wilson
Section 4.1.2 of the Controlled Drugs and Substances Act (hereinafter, “CDSA”) provides immunity from being “charged or convicted” for possession of a controlled substance under Section 4.1 of the CDSA to those who call for help or remain at the scene of a drug overdose where evidence of possession is discovered at the scene. This provision also makes arrest for possession of a controlled substanc... Read more
5.3.5.1.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Arrest
Arrest, Legality, Drug possession / Drugs, Possession, Immunity from arrest, Overdose / Overdose, Call for help, Immunity from arrest / Drugs, Punishment, Enforcement / Drugs, Possession, Prohibition, Enforcement / Immunity, Criminal / Criminal proceedings, Immunity

Costa Rica

CRC-2025-3-003 a) Costa Rica b) Constitutional Chamber of the Supreme Court c) Constitutional Chamber d) 19.09.2025 e) 2025-29985 f)
The Afro-Descendant people have the right to be recognised as tribal people and the right to consultation under Article 6 of Convention no. 169 of the International Labour Organisation (hereinafter, "ILO"). The Constitutional jurisdiction has certain limits regarding legislative omissions and property delimitation. Public authorities are obliged to guarantee access to relevant information regard... Read more
2.1.1.4 Sources - Categories - Written rules - International instruments
4.8.3 Institutions - government - Municipalities
5.2.2.2 Fundamental Rights - Equality - Criteria of distinction - Race
5.2.3 Fundamental Rights - Equality - Affirmative action
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.3.45 Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities
5.4.20 Fundamental Rights - Economic, social and cultural rights - Right to culture
5.5.5 Fundamental Rights - Collective rights - Rights of aboriginal peoples, ancestral rights
Afro-Descendant Tribal peoples, Direct affection, Prior consultation / Territory, Cultural, Ancestral, Rights

Council of Europe

ECH-2025-3-001 a) Council of Europe b) European Court of Human Rights c) Section III d) 07.01.2025 e) 15783/21 f) A.R.E. v. Greece
Alleged pushback of asylum-seekers: burden of proof requires sufficient evidence in support of pushback claim even when there is an ongoing broader pattern.
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
Asylum, Applicant, International protection, Rejection / Asylum policy, Return of illegally staying third-country nationals , Return decision / Asylum, Seeker, Return, Life, Danger

ECH-2025-3-002 a) Council of Europe b) European Court of Human Rights c) Section I d) 30.01.2025 e) 51567/14 f) Cannavacciuolo and Others v. Italy
Violation of Article 2 and need for systemic reforms due to decades of toxic pollution, aggravated by the authorities’ delayed and ineffective response, exposing residents to serious risks to life.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Environment, Right to the protection of a healthy environment / Environment / Citizen, Environmental issues, Locus standi

ECH-2025-3-003 a) Council of Europe b) European Court of Human Rights c) Section V d) 09.01.2025 e) 21766/22 f) Cavca v. the Republic of Moldova
Despite integrity testing not being in itself contrary to fair trial, absence of procedural safeguards such as lack of an adversarial examination of an entrapment defence can lead to a violation of Article 6.1 ECHR.
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
Fight against corruption / Civil service, Corruption, Erradication / Corruption, Fight / Agent provocateur, Integrity testing, Justified risk

ECH-2025-3-004 a) Council of Europe b) European Court of Human Rights c) Section III d) 03.12.2024 e) 15067/21 f) G.R.J. v. Greece (dec.)
Despite indications of systematic pushbacks, failure to provide sufficient and consistent evidence of individual experience renders the application inadmissible ratione personae.
2.1.1.4.4 Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950
2.1.3.2.1 Sources - Categories - law - law - European Court of Human Rights
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
Asylum / Asylum, Seeker, Removal from territory / Non-refoulement, Principle

Czech Republic

CZE-2025-3-004 a) Czech Republic b) Constitutional Court c) Plenum d) 22.10.2025 e) Pl. ÚS 6/25 f) Climate Litigation
If a plaintiff challenges an allegedly unlawful interference by an administrative authority consisting in the lack of action by that authority, an administrative interference action under the Administrative Procedure Code (Act no. 150/2002 Coll.) can only be successful if the legal system imposes on the administrative authority an obligation corresponding to the one alleged by the plaintiff. To r... Read more
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.5.1 Fundamental Rights - Collective rights - Right to the environment
4.7.9 Institutions - Judicial bodies - Administrative courts
3.4 General Principles - Separation of powers
Climate Change / Climate, Protection / General interest, Climate, Protection / Environment, Climate protection / Administrative justice / Separation of powers

European Union, Court of Justice

ECJ-2025-3-007 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 01.08.2025 e) C-758/24 et C-759/24 f) Alace and Canpelli
International protection: the designation of a third country as a ‘safe country of origin’ must be amenable to effective judicial review.
5.1.1.3.1 Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status
5.2.2.4 Fundamental Rights - Equality - Criteria of distinction - Citizenship or nationality
5.3.11 Fundamental Rights - Civil and political rights - Right of asylum
Asylum, Safe country of origin, Criteria / Asylum, Applicant, International protection, Rejection

ECJ-2025-3-008 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 04.09.2025 e) C-305/22 f) C.J. (Enforcement of a sentence further to an EAW)
A judicial authority cannot refuse to execute a European arrest warrant and assume responsibility itself for the enforcement of the sentence without the consent of the State that issued that warrant. Without that consent, the issuing State may maintain the European arrest warrant and enforce the sentence itself on its own territory.
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
European Arrest Warrant, Conviction, Recognition, Refusal / Issuing State, Consent

ECJ-2025-3-009 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 25.11.2025 e) C-713/23 f) Wojewoda Mazowiecki
Citizenship of the Union: a Member State has the obligation to recognise a marriage between two Union citizens of the same sex that has been lawfully concluded in another Member State where they have exercised their freedom to move and reside.
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
5.1.1.2 Fundamental Rights - General questions - Entitlement to rights - citizens with similar status
Citizenship, EU, Freedom of movement, Residence, Law / Marriage, Same-sex EU citizens, Marriage, Recognition, Registration of the marriage certificate, Refusal

ECJ-2025-3-010 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 18.12.2025 e) C-417/23 f) Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge
Prohibition of discrimination: the Court of Justice clarifies, in relation to the Danish law on public housing, the situations that may constitute discrimination on grounds of ethnic origin.
3.16 General Principles - Proportionality
3.21 General Principles - Equality
5.2.2.3 Fundamental Rights - Equality - Criteria of distinction - Ethnic origin
5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing
Social policy, Access to housing / Equal treatment, Ethnic origin, Migrants and descendants of migrants

ECJ-2025-3-011 a) European Union, Court of Justice b) Court of Justice of the European Union c) Grand Chamber d) 18.12.2025 e) C-448/23 f) Commission v. Poland (Ultra vires review of the case-law of the Court – Primacy of EU law)
Rule of law: The Polish Constitutional Court infringed several fundamental principles of EU law in disregard of the case-law of the Court of Justice. The Court also holds that the Polish Constitutional Court does not constitute an independent and impartial tribunal, on account of serious irregularities vitiating the appointment of three of its judges and of its President.
2.2.1.6.5 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law
2.2.1.6.4 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - constitutional instruments
4.7.3 Institutions - Judicial bodies - Decisions
3.9 General Principles - Rule of law
5.3.13.14 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Independence
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
Rule of law, Independence of the judiciary, Effective judicial protection / Primacy, Direct effect of EU law, Constitutional case-law rejecting the primacy of EU law over national constitutional provisions / Concept of a Member State’s national identity, Infringement

France

FRA-2025-3-010 a) France b) Constitutional Council c) d) 12.09.2025 e) 2025-1157 QPC f) Digital Classifieds France (Tax on certain services provided by major companies in the digital sector)
In its Decision no. 2025-1157 QPC of 12 September 2025, the Constitutional Council ruled that the provisions introducing the digital services tax – known as the "GAFA tax" – were in accordance with the Constitution. This tax is payable by large companies in the digital sector on the revenue they receive in return for providing certain services to users located in France.
4.10.7.1 Institutions - Public finances - Taxation - Principles
Taxation / Fiscal policy

FRA-2025-3-011 a) France b) Constitutional Council c) d) 12.09.2025 e) 2025-1158 QPC f) Mr Icham E. (Duration of a foreign national’s detention pending judicial proceedings following a judge’s decision to end their detention)
In its Decision no. 2025-1158 QPC of 12 September 2025, the Constitutional Council struck down the provision stipulating that a foreign national, whose detention has ended as a result of a court decision, is to be held at the disposal of the courts for a period of up to twenty-four hours pending an appeal by the Public Prosecutor’s Office. It ruled that this provision constitutes an excessive infr... Read more
1.6.5.5 Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect
3.17 General Principles - Weighing of interests
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
Immigration / Procedure / Removal / Retention

FRA-2025-3-012 a) France b) Constitutional Council c) d) 26.09.2025 e) 2025-1165 QPC f) Mr Naoufel E. (Composition of the investigating chamber responsible for hearing appeals against pre-trial detention in summary proceedings for release)
In its Decision no. 2025-1165 QPC of 26 September 2025, the Constitutional Council reaffirmed the principle of impartiality—which is inseparable from the exercise of judicial functions—as set out in Article 16 of the 1789 Declaration of the Rights of Man and of the Citizen: "Any society in which the guarantee of rights is not assured, nor the separation of powers established, has no Constitution".
2.3.2 Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
5.3.5.1.3 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty - Detention pending trial
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
Detention / Judge, Chamber, Composition / Supervision, Judicial authority

FRA-2025-3-013 a) France b) Constitutional Council c) d) 03.10.2025 e) 2025-1169 QPC f) Mr M. Chakib G. (Renewal of the administrative detention of a foreign national)
In its decision no. 2025-1169 QPC of 3 October 2025, the Constitutional Council upheld the provisions relating to the rights of a protected adult whilst in police custody, which stipulate that if the protected adult who has been placed in police custody is not assisted by a lawyer, their guardian, curator or special representative, having been notified of these proceedings, has the option to appoi... Read more
5.1.1.4.2 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Incapacitated
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
Police custody, Legality

FRA-2025-3-014 a) France b) Constitutional Council c) d) 16.10.2025 e) 2025-1172 QPC f) Mr M. Chakib G. (Renewal of the administrative detention of a foreign national)
In its Decision no. 2025-1172 QPC of 16 October 2025, the Constitutional Council ruled that the objective of combating irregular immigration is such as to justify the administration being authorised to renew the detention of a foreign national on the basis of the same removal order. However, in accordance with established case law and to ensure compliance with Article 66 of the Constitution, it st... Read more
1.6.5 Constitutional Justice - Effects - Temporal effect
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
Detention pending deportation / Extension

Germany

GER-2025-3-024 a) Germany b) Federal Constitutional Court c) First Chamber of the Second Panel d) 31.07.2025 e) 2 BvR 1277/23 f) Mainstream - Achmea II
1. The principle of openness to international law has constitutional rank. National laws should be interpreted to avoid conflicts with obligations of the Federal Republic of Germany under international law whenever possible. When there are multiple possible interpretations of a law using recognised methods of statutory interpretation, an interpretation that is open to international law should be a... Read more
2.2.1.1 Sources - Hierarchy - national sources - Treaties and constitutions
2.2.1.6 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law
4.7.14 Institutions - Judicial bodies - Arbitration
4.16.1 Institutions - International relations - Transfer of powers to international institutions
5.3.13.3.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - “Natural judge”/Tribunal established by law
Investment treaty / Openness to international law, Principle / Referral to the CJEU, Obligation

GER-2025-3-025 a) Germany b) Federal Constitutional Court c) First Chamber of the Second Panel d) 31.07.2025 e) 2 BvR 85/24 f) Mainstream - Achmea II
1. The principle of openness to international law has constitutional rank. National laws should be interpreted to avoid conflicts with obligations of the Federal Republic of Germany under international law whenever possible. When there are multiple possible interpretations of a law using recognised methods of statutory interpretation, an interpretation that is open to international law should be a... Read more
2.2.1.1 Sources - Hierarchy - national sources - Treaties and constitutions
2.2.1.6 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law
4.7.14 Institutions - Judicial bodies - Arbitration
4.16.1 Institutions - International relations - Transfer of powers to international institutions
5.3.13.3.1 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - “Natural judge”/Tribunal established by law
Investment treaty / Openness to international law, Principle / Referral to the CJEU, Obligation

GER-2025-3-026 a) Germany b) Federal Constitutional Court c) Second Chamber of the First Panel d) 28.08.2025 e) 1 BvR 316/24 f) Denial of contact arrangements
1. In cases in which the ordinary courts are petitioned for a contact arrangement, the courts are generally required to regulate contact in concrete terms or, alternatively, to deny it. Decisions by the ordinary courts not to make any contact arrangements in such cases may have the same effect as an exclusion of contact and may therefore constitute an unreasonable interference with the fundamental... Read more
3.17 General Principles - Weighing of interests
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Balancing of interests / Parental care, Right / Parent, Non-custodial, Contact, Arrangement / Parent, Non-custodial, Contact, De facto hindrance / Contact decision, Legal challenge / Child, Personality, Development / Parent, Right to contact with child / Child, Interests, Priority / Child’s interests, Overriding nature / Child, Best interests / Best interests of the child, Parental care

GER-2025-3-027 a) Germany b) Federal Constitutional Court c) Second Chamber of the First Panel d) 28.08.2025 e) 1 BvR 810/25 f) Denial of contact arrangements
1. In cases in which the ordinary courts are petitioned for a contact arrangement, the courts are generally required to regulate contact in concrete terms or, alternatively, to deny it. Decisions by the ordinary courts not to make any contact arrangements in such cases may have the same effect as an exclusion of contact and may therefore constitute an unreasonable interference with the fundamental... Read more
3.17 General Principles - Weighing of interests
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
Balancing of interests / Parental care, Right / Parent, Non-custodial, Contact, Arrangement / Contact decision, Legal challenge / Child, Personality, Development / Parent, Right to contact with child / Child, Interests, Priority / Child’s interests, Overriding nature / Child, Best interests / Best interests of the child, Parental care / Parent, Non-custodial, Contact, De facto hindrance

GER-2025-3-028 a) Germany b) Federal Constitutional Court c) Second Panel d) 17.09.2025 e) 2 BvL 20/17, 2 BvL 21/17, 2 BvL 5, 6, 7, 8, 9/18 f) Civil servants’ remuneration in Berlin
1. In principle, only a legal provision that is decisive for the underlying proceedings can be the subject of specific judicial review pursuant to Article 100.1 of the Basic Law. Nevertheless, the conciliatory function of judicial review proceedings permits the extension of the subject matter and time period under review beyond the matter referred in the proceedings if this is required to guarante... Read more
1.3.1.1 Constitutional Justice - Jurisdiction - Scope of review - Extension
3.19 General Principles - Margin of appreciation
4.6.9.3 Institutions - Executive bodies - The civil service - Remuneration
Civil servant / Civil service, Remuneration, Standard of review / Civil service, Traditional principles / Alimentation, Principle / Civil service, Independence

GER-2025-3-029 a) Germany b) Federal Constitutional Court c) Third Chamber of the Second Panel d) 23.09.2025 e) 2 BvR 625/25 f) ANOM Data
The use of information gathered through the surveillance of ANOM communications, obtained by way of mutual legal assistance from the USA, as evidence in criminal proceedings in Germany does not raise constitutional concerns.
3.9 General Principles - Rule of law
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
5.3.13.17 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Rules of evidence
General right of personality, Informational self-determination / Mutual legal assistance in criminal matters / Mutual legal assistance, International / Encrypted communication / Mutual trust, EU Member States / Minimum standard, Rule of law

GER-2025-3-030 a) Germany b) Federal Constitutional Court c) First Panel d) 23.09.2025 e) 1 BvR 1796/23 f) Age limit for lawyers commissioned as notaries
1. Occupational freedom entails both an economic dimension and a dimension related to the development of one’s personality. It gives definition to the fundamental right to the free development of one’s personality in the area of individual achievement and creating and earning a livelihood and aims to have the least amount of regulation of occupational activity possible. 2. Given the sustained sho... Read more
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
5.4.3 Fundamental Rights - Economic, social and cultural rights - Right to work
5.4.4 Fundamental Rights - Economic, social and cultural rights - Freedom to choose one's profession
Notary, Exercise of profession / Public office, Age limit

GER-2025-3-031 a) Germany b) Federal Constitutional Court c) Second Panel d) 29.09.2025 e) 2 BvR 934/19 f) Church membership as a prerequisite for employment
1. In principle, the Federal Constitutional Court reviews domestic law and its application against the standard of the fundamental rights of the Basic Law even if the domestic law in question falls within the scope of application of EU law but is not fully determined by it. The relevant provisions of Council Directive 2000/78/EC of 27 November 2000 (Equal Treatment Directive) regarding the scope o... Read more
2.2.1.6.3 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - EU secondary law and constitutions
2.2.1.6.5 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - Direct effect, primacy and the uniform application of EU Law
3.7 General Principles - Relations between the State and bodies of a religious or ideological nature
4.17.2 Institutions - European Union - Distribution of powers between the EU and member states
5.2.2.6 Fundamental Rights - Equality - Criteria of distinction - Religion
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
5.3.20 Fundamental Rights - Civil and political rights - Freedom of worship
Church, Employment relation, Autonomy / Community law, Principles, Equal treatment / Religion, Employment / Religion, Freedom / Church, State law, Application / Church, Internal regulation

GER-2025-3-032 a) Germany b) Federal Constitutional Court c) First Panel d) 30.09.2025 e) 1 BvR 1141/19 f) Thuringian Higher Education Act
1. In organising universities, the legislator must guarantee a sufficient level of participation for holders of the fundamental right of academic freedom and create an overall structure for academic freedom in which decision-making powers and participation rights, influence, information and scrutiny are designed in such a way as to avoid structural risks to the freedom of academic teaching and res... Read more
4.6.8.1 Institutions - Executive bodies - Sectoral decentralisation - Universities
5.4.21 Fundamental Rights - Economic, social and cultural rights - Scientific freedom
Academic freedom / Universities, Management bodies / Universities, Organisational structure / University, Decision-making body / Autonomy, Universities

GER-2025-3-033 a) Germany b) Federal Constitutional Court c) Second Chamber of the Second Panel d) 30.09.2025 e) 2 BvR 460/25 f) Search of room in facility for asylum seekers
1. An asylum seeker’s room in a facility for asylum seekers can fall within the area protected by the inviolability of the home under Article 13.1 of the Basic Law. 2. At a minimum, searching for an asylum seeker in their room at a facility for asylum seekers for the purpose of deportation constitutes a search if, prior to the beginning of the action, there is no certain knowledge as to the where... Read more
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
Deportation / Searches, Residential premises

GER-2025-3-034 a) Germany b) Federal Constitutional Court c) First Panel d) 01.10.2025 e) 1 BvR 2428/20 f) Disruptive counter-protest
1. The requirements to exhaust all available legal remedies and of subsidiarity can also be met through a leapfrog appeal on points of law in lieu of an appeal on points of fact and law. In such cases, however, the constitutional complaint may not be based on objections that could only have been made before the appellate instance that was skipped. 2. The requirement pursuant to Article 19.1.2 of ... Read more
1.4.4.1 Constitutional Justice - Procedure - Exhaustion of remedies - Obligation to raise constitutional issues before ordinary courts
3.9 General Principles - Rule of law
5.1.2 Fundamental Rights - General questions - Horizontal effects
3.17 General Principles - Weighing of interests
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly
Assembly, Dissolution / Freedom of assembly, Possible restrictions / Peaceful assembly, Demonstration, Activist, Arrest, Fine / Demonstrator, Right to peaceful assembly / Conflicting fundamental rights / Requirement of specifying the fundamental right affected and the Article in which it appears (Zitiergebot)

GER-2025-3-035 a) Germany b) Federal Constitutional Court c) First Chamber of the First Panel d) 03.11.2025 e) 1 BvR 573/25 f) Suspicion based reporting relating to the Wirecard scandal
1. Ordinary courts must not impose truthfulness requirements which may have a chilling effect on the exercise of the freedom of expression under the first sentence of Article 5.1 of the Basic Law. At the same time, however, the ordinary courts must consider that the duty of truthfulness is an expression of positive obligations under the general right of personality. The more severely a statement i... 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
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.32.1 Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data
Crime, Suspicion / Due diligence, Obligations of the press / Truthfulness of information / General right of personality

GER-2025-3-036 a) Germany b) Federal Constitutional Court c) First Chamber of the First Panel d) 03.11.2025 e) 1 BvR 259/24 f) Search of a journalists home (Radio Dreyeckland)
1.a The fundamental freedom of broadcasting under the second sentence of Article 5.1 of the Basic Law enjoys high standing. Like the freedom of the press, the freedom of expression and the freedom of information, it is a fundamental component of the free democratic basic order. 1.b The freedom of broadcasting, like the freedom of the press, grants those who work in broadcasting a subjective right... Read more
5.3.23 Fundamental Rights - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication
Chilling effect / Search and seizure, Limits / Search, Criminal proceedings, Suspicion, Reasonable / Search warrant, Specification / Press, Informants, Confidential relationship / Press freedom, Scope of protection / Media, Press, Protection of informants / Media, Press, Editorial material, Confidentiality / Freedom of broadcasting / Editorial offices, Search / Editorial documents, Seizure

GER-2025-3-037 a) Germany b) Federal Constitutional Court c) Second Chamber of the Second Panel d) 04.12.2025 e) 2 BvR 1511/25 f) Decision on visa application
1. The guarantee of legal protection under Article 19.4 of the Basic Law includes the right to effective judicial review. Courts must utilise procedural rules in such a way that the recognisable interests of the person seeking legal protection are taken into account to the greatest extent possible. 2. Courts must not unreasonably curtail the right to judicial enforcement of substantive law throug... Read more
3.9 General Principles - Rule of law
3.10 General Principles - Certainty of the law
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
Right to effective legal protection / Visa, Issuance / Visa application, Right to a decision

Greece

GRE-2025-3-001 a) Greece b) Council of State c) Plenary d) 24.10.2025 e) 1918 f) Greek non-profit educational entities providing tertiary education
Νational courts must interpret constitutional provisions in harmony with European Union law.
5.4.2 Fundamental Rights - Economic, social and cultural rights - Right to education
3.16 General Principles - Proportionality
2.2.1.6.1 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law - EU primary law and constitutions
Freedom of establishment

Hungary

HUN-2025-3-004 a) Hungary b) Constitutional Court c) Plenary d) 07.10.2025 e) 12/2025. (X. 20.) AB f) Judicial initiative against Section 39/A.1 of Act LXXXIII of 1997 on "Compulsory health insurance benefits"
When calculating cash benefits under health insurance, the rule that only allows income from employment with the same employer on the first day of the benefit period to be taken into account is unconstitutional. This provision creates an unjustified distinction between insured persons in the same situation and violates the principle of equality before the law.
3.21 General Principles - Equality
5.2.1.3 Fundamental Rights - Equality - Scope of application - Social security
Adoption / Benefits, Calculation / Charter of rights and freedoms, Right to equality

HUN-2025-3-005 a) Hungary b) Constitutional Court c) Plenary d) 18.11.2025 e) 3402/2025 (XII. 10.) AB f) Constitutional complaint against judgment no. Bhar.III.69/2024/9 of the Győr Court of Appeal
Incitement to hatred that violates the human dignity of others constitutes a constitutional limitation on freedom of expression. An opinion that affects the inner core of human dignity is not protected by the Constitution. The Court upheld the decision of the court of third instance which found the petitioner guilty of the crime of incitement against a community, because of the organization of a p... Read more
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
Incitement against a community / Freedom of expression / Criminal conviction, Incitement to hatred and violence / Human dignity

HUN-2025-3-006 a) Hungary b) Constitutional Court c) Plenary d) 16.12.2025 e) 1001/2026. (I. 26.) AB f) Constitutional complaint against Section 90.2 of Act C of 2012 on the Criminal Code
Stricter measures against repeat offenders are an established and constitutionally accepted element of Hungarian criminal law. The so called "three strikes" rule meets the requirement of proportionality and does not violate either the right to a fair trial or the right to liberty.
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.13.1.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings
Fair trial / Life sentence

Italy

ITA-2025-3-003 a) Italy b) Constitutional Court c) d) 31.07.2025 e) 142/2025 f)
The Constitution does not define “people”; however, read as a whole, it links citizenship to a community with shared linguistic and cultural roots, open to pluralism and protective of minorities, as well as to the territory of the State. Within that framework, it is for the legislature to define the requirements and substantive content of citizenship. A broadly similar approach may be found in th... Read more
2.1.1.1 Sources - Categories - Written rules - National rules
2.1.1.3 Sources - Categories - Written rules - Law of the European Union/EU Law
2.1.3.2.3 Sources - Categories - law - law - Other international bodies
2.2.1.6 Sources - Hierarchy - national sources - Law of the European Union/EU Law and domestic law
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
3.18 General Principles - General interest
3.19 General Principles - Margin of appreciation
3.20 General Principles - Reasonableness
3.22 General Principles - Prohibition of arbitrariness
4.7.1 Institutions - Judicial bodies - Jurisdiction
4.17.2 Institutions - European Union - Distribution of powers between the EU and member states
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
Linguistic and cultural roots / People, Concept of

Japan

JPN-2025-3-003 a) Japan b) Supreme Court c) Grand Bench d) 03.07.2024 e) (Ju) 1319/2023 f) Case in which the court ruled:1. the provisions on eugenic operations under the Eugenic Protection Act (Article 3.1.1, 10, 13.2 of the same Act) are in violation of Article 13 and Article 14.1 of the Constitution;2. the legislative act by the Diet members regarding the provisions on eugenic operations are judged to be illegal in terms of the application of Article 1.1 of the State Redress Act;3. if it is extremely contrary to the principles of justice and fairness and totally unacceptable to determine that a claim for compensation for loss or damage arising from a tort has been extinguished by the expiration of the period of exclusion prescribed in Article 724.2 of the Civil Code (prior to the amendment by Act No. 44 of 2017), the court may determine that the assertion on the period of exclusion is impermissible as it constitutes a violation of the principle of good faith or an abuse of rights; and4. it is contrary to the principle of good faith and impermissible as an abuse of rights to assert the period of exclusion prescribed in Article 724.2 of the same Code.).
If it is extremely contrary to the principles of justice and fairness and totally unacceptable to determine that a claim for compensation for loss or damage arising from a tort has been extinguished by the expiration of the period of exclusion prescribed in the second sentence of Article 724 of the Civil Code (prior to the amendment by Act no. 44 of 2017), the court may determine that the assertio... Read more
5.2.2.8 Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.17 Fundamental Rights - Civil and political rights - Right to compensation for damage caused by the State
Period of exclusion / Abuse, Right / Against, Principle of good faith

JPN-2025-3-004 a) Japan b) Supreme Court c) The Third Petty Bench d) 17.12.2024 e) (A)536/2024 f) (Criminal Case) Concerning Article 13.1.6 of the Act on Punishment of Organised Crimes and Control of Proceeds of Crime (prior to the amendment by Act no. 97 of 2022), which allows confiscation of property, etc. produced from the criminal acts prescribed in Article 10 of that Act, and Article 29 of the Constitution
Article 13.1.6 of the Act on Punishment of Organised Crimes and Control of Proceeds of Crime (prior to the amendment by Act no. 97 of 2022), which allows confiscation of property, etc. produced from the criminal acts prescribed in Article 10 of that Act, is not in violation of Article 29 of the Constitution.
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Proceeds of crime / Confiscation

Kazakhstan

KAZ-2025-3-006 a) Kazakhstan b) Constitutional Court c) d) 14.07.2023 e) 33 f) Consideration of the compliance with the Constitution of Article 168.4.1 of the Administrative Procedural Code, 29 June 2020
The time limit for appealing or bringing a prosecutor's appeal petition should be set in such a way that after the court decision is made and received in final form, the participants in the administrative process would have reasonable time to familiarise themselves with its content, to determine their position on all key aspects, to receive (provide) qualified legal assistance, to draft the compla... Read more
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
3.12 General Principles - Clarity and precision of legal provisions
5.4.14 Fundamental Rights - Economic, social and cultural rights - Right to social security
5.5.1 Fundamental Rights - Collective rights - Right to the environment
Law, Entry into force / Equality / Social protection, Legal certainty / Administrative court

KAZ-2025-3-007 a) Kazakhstan b) Constitutional Court c) d) 24.12.2024 e) 58-NP f) Regulatory Decision, 24 December 2024 no. 58-NP on «Consideration of the conformity with the Constitution of paragraph 29.2, 29.3 and 29.4 of the Regulatory Resolution of the Supreme Court, 29 November 2019 no. 6 on the «Application of legislation by courts when considering cases related to the collection of alimony»
The State has constitutional and legislative obligations to ensure the protection of the rights and legitimate interests of the child, as well as to maintain a balance between the interests of recipients and payers of alimony. Alimony obligations should be regulated considering the principles of proportionality, fairness and the inadmissibility of excessive interference in the property rights of t... Read more
1.5.4.3 Constitutional Justice - Decisions - Types - Finding of constitutionality or unconstitutionality
3.12 General Principles - Clarity and precision of legal provisions
3.16 General Principles - Proportionality
3.17 General Principles - Weighing of interests
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
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
Alimony, Amount / Proportionality / Discrimination / Equality

KAZ-2025-3-008 a) Kazakhstan b) Constitutional Court c) d) 20.01.2025 e) 61-NP f) Regulatory Decision of the Constitutional Court of 20 January 2025 no. 61-NP on «Consideration of the Conformity with the Constitution of Article 11.1.1.2, 11.1.1.3 and 14.1.10 of the Law on the «Procedure for Organising and Holding Peaceful Assemblies», 25 May 2020
Any restriction on human rights and fairness must be proportionate to legitimate aims and must meet the requirements of fairness, proportionality and reasonableness. Thus, a decision to refuse permission for a peaceful assembly must be based on thorough analysis of all available circumstances and potential risks.
1.3.4.7.2 Constitutional Justice - Jurisdiction - Types of litigation - Restrictive proceedings - Withdrawal of civil rights
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.28 Fundamental Rights - Civil and political rights - Freedom of assembly
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.3.19 Fundamental Rights - Civil and political rights - Freedom of opinion
Peaceful assembly, Permission, Refusal

KAZ-2025-3-009 a) Kazakhstan b) Constitutional Court c) d) 24.01.2025 e) 62-NP f) Regulatory Decision of the Constitutional Court, 24 January 2025 no. 62-NP on «Consideration of the Conformity with the Constitution of Article 21.5.3 of the Law, 16 February 2012 on «Military Service and Status of Military Servants», Paragraph 64 of the Rules of Performing Military Service in the Armed Forces, Other Troops and Military Formations, Approved by the Decree of the President, 25 May 2006 no. 124, Paragraphs 26.2 and 30 of the Rules of Payment of a Monetary Allowance, Stipends and Other Payments to Military Servants of the Armed Forces, Approved by the Order of the Minister of Defense, 2 June 2017 no. 255»
Questions had arisen over the constitutionality of certain provisions of the Law on Military Service and the Status of Military Personnel and the Rules of Military Service, particularly in situations where a serviceman was suspected of having committed a crime and, at the disposition of his Commander, was performing military service but not in a military position.
3.12 General Principles - Clarity and precision of legal provisions
5.3.5.2 Fundamental Rights - Civil and political rights - Individual liberty - Prohibition of forced or compulsory labour
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
3.5 General Principles - Social State
4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces
Military personnel, Special status / Military service / Monetary allowance / Unit commander, Order

Kyrgyzstan

KGZ-2025-3-001 a) Kyrgyzstan b) Constitutional Court c) d) 21.02.2024 e) 03-Р f) Review of the constitutionality of Articles 145.1, 145.3 and 153.1 of the Criminal Procedure Code
Special procedural guarantees of judicial immunity, including the requirement that a criminal case against a judge may be initiated only by the Prosecutor General and with the consent of the Council of Judges, ensure judicial independence and prevent arbitrary criminal prosecution, while not hindering the principle of the inevitability of punishment and the detection and investigation of crimes.
3.4 General Principles - Separation of powers
4.7.4.3 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel
4.7.16.2 Institutions - Judicial bodies - Liability - Liability of judges
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
Immunity / Status of judges / Criminal liability / Criminal procedure / Detection of crime / Inevitability of punishment / Prosecutor general / Inevitability of punishment Judicial independence

KGZ-2025-3-002 a) Kyrgyzstan b) Constitutional Court c) d) 06.03.2024 e) 05-P f) Review of the constitutionality of Article 110.8 of the Administrative Procedure Code of the Kyrgyz Republic
The ten-year preclusive time limit for filing administrative claims is unconstitutional because it disproportionately restricts the right of access to justice. Legal certainty cannot justify absolute barriers to judicial protection; the objectives of stability can be achieved through the statute of limitations without undermining fundamental rights.
1 Constitutional Justice
1.4 Constitutional Justice - Procedure
1.5.6.2 Constitutional Justice - Decisions - Delivery and publication - Time limit
Access to court / Right to Preclusive time limit / Peremptory time limit / Legal certainty / Stability of judicial acts / Proportionality / Administrative Procedure Code / Procedural time limits / Limitation period

KGZ-2025-3-003 a) Kyrgyzstan b) Constitutional Court c) d) 21.06.2024 e) 09-P f) Constitutionality of Article 62 of the Criminal Code (as amended on 2 February 2017) and Article 73 of the Criminal Code of the Kyrgyz Republic (as amended on 1 October 1997)
Limitation periods are not a mitigating measure. To ensure legal certainty and the respect of legality and public order, they must operate strictly under the law in force at the time of application.
1.6.5.2 Constitutional Justice - Effects - Temporal effect - Retrospective effect (ex tunc)
1.6.5.3 Constitutional Justice - Effects - Temporal effect - Limitation on retrospective effect
1.6.5.5 Constitutional Justice - Effects - Temporal effect - Postponement of temporal effect
2.2.2.1 Sources - Hierarchy - Hierarchy as between national sources - Hierarchy emerging from the Constitution
5.3.38.1 Fundamental Rights - Civil and political rights - retrospective effect of law - Criminal law
Retroactive application of law / Retroactivity / Ultra-activity of law / Legal certainty / Principle of leniency / Discretion of the legislator / Criminal code, Amendments

KGZ-2025-3-004 a) Kyrgyzstan b) Constitutional Court c) d) 13.11.2024 e) 11-P f) Constitutionality of Articles 129.7 and 131.2.3 of the Civil Procedure Code
Imposing on a citizen the duty to deliver a judicial notice when the addressee is absent constitutes a permissible expression of ordinary civic responsibility, does not infringe the right of access to justice, and does not impose disproportionate burdens, while underscoring the need to modernise the system of judicial notifications in light of contemporary technological developments.
3.16 General Principles - Proportionality
3.20 General Principles - Reasonableness
4.7 Institutions - Judicial bodies
1.4 Constitutional Justice - Procedure
5.3 Fundamental Rights - Civil and political rights
5 Fundamental Rights
Civic duty / Court notification / Delivery of summons / Judicial notification system / Fair hearing / Procedural fairness

Lithuania

LTU-2025-3-003 a) Lithuania b) Constitutional Court c) d) 09.10.2025 e) KT51-N10/2025 f) Loss of citizenship of the Republic of Lithuania acquired by way of exception
The constitutional institution of citizenship is inseparable from the provisions of the Constitution that consolidate, inter alia, the fundamental constitutional values. The Constitution does not expressis verbis determine which state institutions are to adopt decisions regarding the loss of citizenship. Since the list of the powers of the President of the Republic (Article 84 of t... Read more
3.18 General Principles - General interest
5.3.8 Fundamental Rights - Civil and political rights - Right to citizenship or nationality
4.4.3.1 Institutions - Head of State - Powers - Relations with legislative bodies
4.5.2 Institutions - Legislative bodies - Powers
5.1.4 Fundamental Rights - General questions - Limits and restrictions
Acquisition of citizenship / Loss of citizenship / Powers of the President of the State / Security interests of the State

LTU-2025-3-004 a) Lithuania b) Constitutional Court c) d) 23.12.2025 e) KT69-(A)-N15/2025 f) Deferral of the execution of a judgment where pregnant women and persons who have minor children under three years of age have been convicted of serious or very serious crimes
Article 338.2 of the Code of Criminal Procedure, insofar as, under it, a court is in no circumstances permitted to defer the execution of a judgment where a pregnant woman or a person who has minor children under three years of age and whose parental authority has not been restricted has been sentenced to the deprivation of liberty for serious or very serious crimes (specified in Article 11 of the... Read more
4.7.8.2 Institutions - Judicial bodies - Ordinary courts - Criminal courts
5.3.44 Fundamental Rights - Civil and political rights - Rights of the child
3.9 General Principles - Rule of law
3.17 General Principles - Weighing of interests
3.21 General Principles - Equality
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.1.1.4.3 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Detainees
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.3 Fundamental Rights - Civil and political rights - Prohibition of torture and inhuman and degrading treatment
5.3.5.1 Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty
Execution of a judgment, Deferral / Persons with minor children , Deprivation of liberty / Pregnant woman , Deprivation of liberty / Child, Interest

Moldova, Republic of

MDA-2025-3-010 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 13.11.2025 e) 14 f) On the plea of unconstitutionality of the provisions of Articles 7.2.a and 18.2.a of Law no. 130 on the "civilian use of weapons and ammunition", 8 June 2012
Articles 7.2.a and 18.2.a of Law no. 130 on the "Civilian use of weapons and ammunition", 8 June 2012, do not affect the right to property guaranteed by Articles 46 and 127, read together with Article 54 of the Constitution, disproportionately. The state has a wide discretionary margin in regulating the use of weapons, and temporarily prohibiting the possession of weapons based on an individual's... Read more
3.16 General Principles - Proportionality
3.18 General Principles - General interest
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.39 Fundamental Rights - Civil and political rights - Right to property
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
Weapon, Licence to carry / Weapon, Acquisition, Permit / Weapon, Permit, Refusal following conviction / Criminal proceedings, Suspect, Weapon, Prohibition to carry, Temporary / Criminal proceedings, Defendant, Weapon Prohibition to carry, Temporary

MDA-2025-3-011 a) Moldova, Republic of b) Constitutional Court c) Plenary d) 19.12.2025 e) 16 f) Plea of unconstitutionality of the provisions of Article 191 of Law no. 1409 on medicines, 17 December 1997
Article 191 of the Law no. 409 on medicines of 17 December 1997 does not infringe the right to property enshrined in Articles 46 and 127 of the Constitution. It serves a significant public health objective and does not disproportionally prevent companies from continuing their main operations or engaging in its other lawful activities. This preserves the company's overall economic potential.
3.16 General Principles - Proportionality
3.18 General Principles - General interest
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.39 Fundamental Rights - Civil and political rights - Right to property
3.17 General Principles - Weighing of interests
3.25 General Principles - Market economy
Conflict of interest, Healthcare, Economic activity, Sale of goods / Economic activity, Exercise of, Limit / Medicines, Steroids, Prohibition of manufacturing / Medicines, Manufacturing, Authorisation, Certificate

North Macedonia

MKD-2025-3-006 a) North Macedonia b) Constitutional Court c) d) 22.10.2025 e) BZSP nо. 4/2025 f)
Ann employment contract cannot be the subject of an individual request for protection of human rights and freedoms before the Constitutional Court, within the meaning of Article 53.1 of the Act of the Constitutional Court. It is an agreement in the field of labour relations concluded between the applicant and the Ministry of Defence based on the consent and free will of two equal parties, in which... Read more
1.2.2.1 Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person
4.11.1 Institutions - Armed forces, police forces and secret services - Armed forces
Civil servant, Employment, Contract / Soldier, Professional

MKD-2025-3-007 a) North Macedonia b) Constitutional Court c) d) 17.09.2025 e) Joined cases UZ. no. 57/2025 and UZ. no. 58/2025 f)
The requirement of a minimal, purely symbolic number of two signatures to support a candidate list submitted by a group of citizens pursues a legitimate aim. In circumstances of legal lacuna and the legislator’s failure to fill it by regulating the procedure and manner for collecting signatures in support of independent candidate lists, this measure is necessary to ensure the practical regulation... Read more
3.3.3 General Principles - Democracy - Pluralist democracy
3.9 General Principles - Rule of law
4.9.7.2 Institutions - Elections and instruments of direct democracy - Preliminary procedures - Registration of parties and candidates
5.2.2.9 Fundamental Rights - Equality - Criteria of distinction - Political opinions or affiliation
5.3.29.1 Fundamental Rights - Civil and political rights - Right to participate in public affairs - Right to participate in political activity
5.3.41.2 Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election
Election, Candidate, Independent / Political pluralism, Principle / Legislative gap / Central Electoral Commission / Election, List, Candidates, Signatures, Minimum number

Norway

NOR-2025-3-001 a) Norway b) Supreme Court c) d) 24.06.2025 e) HR-2025-1188-A f) Appeal against Agder Court of Appeal's order 27 February 2025
The right to freedom of expression under Article 100 of the Constitution and Article 10 ECHR may limit or prohibit a procedural disclosure order in criminal proceedings.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Criminal proceedings / Suspect's reading matter / Disclosure order

NOR-2025-3-002 a) Norway b) Supreme Court c) d) 09.09.2025 e) HR-2025-1726-A f) Appeal against Gulating Court of Appeal's judgment of 19 March 2025
The right to freedom of expression under Article 100 of the Constitution and Article 10 ECHR does not hinder criminal liability for harassing conduct in the form of Facebook posts.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
3.17 General Principles - Weighing of interests
Defamation, Criminal liability

Poland

POL-2025-3-001 a) Poland b) Constitutional Tribunal c) d) 02.12.2025 e) K 2/23 f) Public disclosure of the asset declarations of judges and assistant judges as well as the obligation to inform about assets constituting part of conjugal property
The statutory requirement to publish the asset declarations of judges and assistant judges in an open-access ICT system and the obligation of judges and assistant judges to inform about assets constituting part of conjugal property infringe the right to respect for private life, the right to informational self-determination, as well as the right to the legal protection of marriage and family (name... Read more
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
3.16 General Principles - Proportionality
4.7.2 Institutions - Judicial bodies - Procedure
5.3.24 Fundamental Rights - Civil and political rights - Right to information
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
3.17 General Principles - Weighing of interests
Judge, Asset declaration, Public / Asset declaration, Online / Assistant judge, Asset declaration

POL-2025-3-002 a) Poland b) Constitutional Tribunal c) d) 04.02.2026 e) P 1/21 f) Placement in a psychiatric facility on the basis of a court decision that is not final violates the Polish Constitution
Placement in a psychiatric facility on the basis of a court decision that is not final violates the Constitution.
5 Fundamental Rights
5.3 Fundamental Rights - Civil and political rights
5.3.5 Fundamental Rights - Civil and political rights - Individual liberty
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
5.3.13.5 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Suspensive effect of appeal
Confinement in a psychiatric establishment, Pending court decision

Portugal

POR-2025-3-001 a) Portugal b) Constitutional Court c) First Chamber d) 21.01.2025 e) 47/2025 f)
The landlord's notice of opposition to the renewal of a lease agreement does not have to be addressed to the person who lives in a civil partnership with the tenant and who was not a party to the lease agreement.
5.2.2.12 Fundamental Rights - Equality - Criteria of distinction - Civil status
5.4.13 Fundamental Rights - Economic, social and cultural rights - Right to housing
House, Lease / Housing, Tenant, Capacity, Rights / Housing, Tenant, Obligation to vacate flat / Civil partners, Unequal treatment

POR-2025-3-002 a) Portugal b) Constitutional Court c) d) 22.04.2025 e) 307/2025 f)
The Constitution neither imposes nor categorically prohibits the legalisation of assisted death. Deficient palliative care is no ground for rendering euthanasia unconstitutional. Examination of the patient is a requirement for euthanasia. The legal provisions assuming that the person may freely choose between assisted suicide and euthanasia go against legal certainty. Requiring health professional... Read more
5.3.1 Fundamental Rights - Civil and political rights - Right to dignity
5.3.2 Fundamental Rights - Civil and political rights - Right to life
5.3.18 Fundamental Rights - Civil and political rights - Freedom of conscience
Euthanasia / Medically assisted death / Assisted suicide / Palliative care

POR-2025-3-003 a) Portugal b) Constitutional Court c) d) 06.05.2025 e) 347/2025 f)
With the decriminalisation of drug consumption, and specifically with regard to those situations where the quantity acquired and/or possessed exceeds that necessary for average individual consumption for ten days, the provision of Article 2.2 of Law no. 55/2023 became, without any doubt, a mere indicative criterion for assessing the agent's intention to traffic.
3.10 General Principles - Certainty of the law
3.13 General Principles - Legality
3.14 General Principles - Nullum crimen, nulla poena sine lege
Drug, Offences / Drug, Possession, Quantity, Threshold, Presumption of trafficking / Drug, Use

POR-2025-3-004 a) Portugal b) Constitutional Court c) d) 03.06.2025 e) 477/2025 f)
The provision contained in Article 21.1.a of Law no. 27-A/2020 of 24 July 2020, in the section referring to the calculation of the Surcharge on the Banking Sector for the first half of 2020, is unconstitutional as it violates the principle of prohibition of retroactive taxation, arising from Article 103.3 of the Constitution.
4.10.7.1 Institutions - Public finances - Taxation - Principles
5.3.38.4 Fundamental Rights - Civil and political rights - retrospective effect of law - Taxation law
5.3.42 Fundamental Rights - Civil and political rights - Rights in respect of taxation
Banking / Surcharge / Tax / Retroactive Taxation

POR-2025-3-005 a) Portugal b) Constitutional Court c) d) 02.07.2025 e) 555/2025 f)
It is not against the Constitution for a labour provider to appoint a temporary replacement in certain cases, and nor is the prohibition of engagement of external services from a third-party entity for the fulfilment of needs previously met by an employee whose employment contract was terminated within the preceding twelve months as a result of collective dismissal or dismissal due to the eliminat... Read more
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
5.4.17 Fundamental Rights - Economic, social and cultural rights - Right to just and decent working conditions
Labour / Labour code / Outsourcing

POR-2025-3-006 a) Portugal b) Constitutional Court c) d) 08.08.2025 e) 785/2025 f)
Several proposed amendments related to family reunification contained in Decree no. 6/XVII of the Parliament which amends Law no. 23/2007 of 4 July 2007 (the legal regime governing the entry, stay, departure and removal of foreigners from national territory) are unconstitutional.
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.3.33 Fundamental Rights - Civil and political rights - Right to family life
Civil right, Rights of the Child, Right to family life, Immigration law / Immigration / Family, Reunification

Romania

ROM-2025-3-001 a) Romania b) Constitutional Court c) d) 29.10.2024 e) 555 f) Objection of unconstitutionality of the provisions of Articles 30.1, 72.a, 72.g, 77 of the Aquaculture Law
There is no normative overlap between administrative rules similar in wording insofar as they regulate different areas, or if there is a case of implicit succession between them, and not of their simultaneous existence.
1 Constitutional Justice
4.8.8.1 Institutions - government - Distribution of powers - Principles and methods
Administrative offences / Duties of Parliament / Principle of good faith / Reconsideration of the law, Quality of the law, Legislative parallelism

ROM-2025-3-002 a) Romania b) Constitutional Court c) d) 05.11.2024 e) 615 f) Objection of unconstitutionality of the Law amending and supplementing Government Ordinance no 27/2011 on Road Transport Services
The restrictions imposed exclusively on new road passenger transport operators are likely to distort competition on this specific market and lead to a monopoly in favour of operators already holding route licences. The lack of selection criteria for operators in order to award the transport services, as well as the lack of technical and quality criteria regarding the means of transportation may af... Read more
1 Constitutional Justice
5.2 Fundamental Rights - Equality
Economic freedom / Equal rights / Improvement of the quality of life / Legal certainty / Principle of bicameralism / Protection of fair competition / Quality of the law / Standard of living

ROM-2025-3-003 a) Romania b) Constitutional Court c) d) 18.02.2025 e) 51 f) Objection of unconstitutionality of the Law approving Government Emergency Ordinance no. 79/2024 amending Government Emergency Ordinance no. 57/2019 on the Administrative Code and of Government Emergency Ordinance no. 79/2024
The unconstitutionality of an emergency ordinance or of some of its provisions always determines the unconstitutionality of the law approving it, in whole or in part, as the case may be. On the other hand, the unconstitutionality of the law approving an emergency ordinance does not necessarily determine the unconstitutionality of the emergency ordinance, if the Court’s decision was strictly limite... Read more
1 Constitutional Justice
4.5.2.3 Institutions - Legislative bodies - Powers - Delegation to another legislative body
3.10 General Principles - Certainty of the law
Clarity of the law / Foreseeability of the law / Government emergency ordinances / Legal certainty / Principle of bicameralism / Principle of legality

ROM-2025-3-004 a) Romania b) Constitutional Court c) d) 25.02.2025 e) 87 f) Objection of unconstitutionality of the Law amending Law no. 287/2009 on the Civil Code, as a whole
The establishment of a minimum duration of seven years for the conclusion of a lease agreement does not strike a fair balance between the general interest aimed at facilitating the practice of high-performance agriculture, on the one hand, and the individual interest of owners to use and dispose of their property freely, on the other hand. The measure does not appear to be proportionate to the leg... Read more
1 Constitutional Justice
5.2 Fundamental Rights - Equality
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Clarity of the law / Economic freedom / Equal rights / Private property / Restriction of the exercise of certain fundamental rights or freedoms / Right to Private Property

ROM-2025-3-005 a) Romania b) Constitutional Court c) d) 27.03.2025 e) 154 f) Objection of unconstitutionality of the provisions of Articles 7.2, 7.3, 23, 25, 26.1 and 26.2 of the Law on the Control of the Use of the National Airspace
Joining NATO implies both the transfer of certain prerogatives and the joint exercise of certain competences together with the member States. The transfer of authority over military personnel carrying out specific missions aimed at controlling the use of the national airspace is without prejudice to the exercise of sovereignty, insofar as it represents a way of defending national airspace, which i... Read more
1 Constitutional Justice
3.1 General Principles - Sovereignty
Allegiance to the country / Holding of high public offices / National sovereignty / Oath / Role of the President of Romania / Holding of public offices / military/paramilitary activities

ROM-2025-3-006 a) Romania b) Constitutional Court c) d) 27.03.2025 e) 157 f) Objection of unconstitutionality of the Law on the Conduct of Military Missions and Operations on Romania’s Territory during Peacetime, as well as, in particular, of the provisions of Article 3.1.d, 3.1.e, 4, 6.1, 6.2, 7.1, 7.2 and 8 of the law
The transfer of authority over the military personnel in the context of peacetime conduct of military missions and operations on the territory of the Romanian State does not hinder the exercise of sovereignty, because it is carried out under the conditions strictly provided for by the norm and the Chief of Defense Staff may order the cessation of this measure, and it reflects a possibility/option ... Read more
1 Constitutional Justice
1.3.4.2 Constitutional Justice - Jurisdiction - Types of litigation - Distribution of powers between State authorities
4.8.7 Institutions - government - Budgetary and financial aspects
Allegiance to the country / Commander of the Armed Forces / Cooperation among the powers of the State / Holding of public offices / Military/paramilitary activities / National public budget / National sovereignty / Oath / Quality of the law / Role of the President of Romania / Holding of high public offices

ROM-2025-3-007 a) Romania b) Constitutional Court c) d) 09.04.2025 e) 207 f) Objection of unconstitutionality of the Law approving Government Emergency Ordinance no. 160/2020 amending and supplementing Government Ordinance no. 22/1999 on the Management of Ports and Waterways, the Use of Public Maritime Transport Infrastructure and the Pursuit of Waterborne Transport Activities in Ports and Inland Waterways, as well as supplementing Article 25.1 of the Competition Law no. 21/1996
In the case of their electronic transmission, the documents of referral to the Constitutional Court must include the electronic signature of their authors. The Constitutional Court can be referred to only after the law on which the a priori constitutional review is intended to be triggered has been submitted to the secretaries general of the two Chambers of Parliament, because it is only fr... Read more
1 Constitutional Justice
1.3.4.6.1 Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of referendums and other instruments of direct democracy - Admissibility
Legality of the referral / Admissibility of the objection of unconstitutionality

Serbia

SRB-2025-3-004 a) Serbia b) Constitutional Court c) Grand Chamber d) 10.07.2025 e) Už-1124/2020 f)
The right to an impartial tribunal implies the absence of prejudice or a pre-determined attitude towards the parties. The test of subjective impartiality examines the conduct of a particular judge, i.e. the existence of personal prejudices of the judge who acted in a particular case, while the test of objective impartiality determines whether the composition of the court provided sufficient guaran... Read more
5.3.13.15 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Impartiality
1.1.4.4 Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Courts
1.1.2.4 Constitutional Justice - Constitutional jurisdiction - Composition, recruitment and structure - Appointment of members
1.1.3.4 Constitutional Justice - Constitutional jurisdiction - Status of the members of the court - Professional incompatibilities
1.5.1.1 Constitutional Justice - Decisions - Deliberation - Composition of the bench
5.3.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial
Impartiality, Subjective, Assessment / Judge, Dual role, Impartiality / Impartiality, Objective

Switzerland

SUI-2025-3-005 a) Switzerland b) Federal Court c) Second Public Law Court d) 23.07.2024 e) 2C_157/2023 f) A. c. Office of Population and Migration Affairs of the Canton of Fribourg
Article 8 ECHR; Article 3 of the Convention of 20 November 1989 on the Rights of the Child (hereinafter, "CRC"); Article 13 of the Federal Constitution; Article 84.5 of the Federal Act on Foreign Nationals and Integration (hereinafter, "FNI"); conversion of provisional admission status into a residence permit. Relationship between Article 3 of the CRC and Article 8 ECHR (paragraph 5.1). Infringem... Read more
5.1.1.3 Fundamental Rights - General questions - Entitlement to rights - Foreigners
5.1.1.4.1 Fundamental Rights - General questions - Entitlement to rights - Natural persons - Minors
5.3.9 Fundamental Rights - Civil and political rights - Right of residence
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Provisional admission / Child, Stay, Authorisation

SUI-2025-3-006 a) Switzerland b) Federal Court c) First Criminal Court d) 11.03.2024 e) 6B_1323/2023 f) A. v. Central Public Prosecutor’s Office of the Canton of Vaud
Article 261bis.1 of the Criminal Code; Article 10 ECHR; Articles 16 and 36 of the Federal Constitution; conviction for discrimination and incitement to hatred on the grounds of sexual orientation; restriction on freedom of expression. Fulfilment of the constituent elements of the offence of discrimination and incitement to hatred on the grounds of sexual orientation (considerations 2 and 3). The ... Read more
3.16 General Principles - Proportionality
5.1.4 Fundamental Rights - General questions - Limits and restrictions
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
Discrimination, Incitation, Interdiction / Hate, Incitement / Homosexual, Sexual orientation / Sexual orientation

Türkiye

TUR-2025-3-004 a) Türkiye b) Constitutional Court c) Plenary d) 29.05.2025 e) 2023/38006 f) Halit İnciroğlu
The dismissal of a judge from their profession based solely on witness statements founded on personal opinions and presumptions rather than concrete evidence is insufficient to prove their affiliation with or connection to the Fetullahist Terrorist Organisation/Parallel State Structure. Such a dismissal would also constitute an arbitrary interference with the right to respect for private life, eve... Read more
5.3.13.13 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Trial/decision within reasonable time
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
5.3.32 Fundamental Rights - Civil and political rights - Right to private life
Exceptional circumstances, Restrictions, Rights

TUR-2025-3-005 a) Türkiye b) Constitutional Court c) Plenary d) 17.06.2025 e) 2024/75 f)
Due to the absence of judicial review and the lack of measures to prevent arbitrary interference with freedom of expression, the provision granting the Turkish Football Federation the power to block the illegal online broadcast of football matches is unconstitutional.
5.3.21 Fundamental Rights - Civil and political rights - Freedom of expression
5.1.4 Fundamental Rights - General questions - Limits and restrictions
Broadcasting, Football Matches, Online, Blocking access / Turkish Football Federation, Regulatory Authority, Unlawful, Interference

TUR-2025-3-006 a) Türkiye b) Constitutional Court c) Plenary d) 08.07.2025 e) 2024/41763 f) Caner Şafak
The failure of the competent authorities to compensate for the loss in value of receivables due to inflation constitutes a violation of the right to property, in conjunction with the right to an effective remedy.
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.3.39 Fundamental Rights - Civil and political rights - Right to property
Receivables, Loss in value, Inflation, Lack of compensation / Systemic situation, Pilot judgment

Ukraine

UKR-2025-3-004 a) Ukraine b) Constitutional Court c) Second Senate d) 10.09.2025 e) 4-r(II)/2025 f) Publication of acts of bar self-government bodies
Questions had arisen over a provision of the Law on the “Bar and Legal Practice” whereby decisions by bar self-government bodies will come into force on the date of their adoption.
3.12 General Principles - Clarity and precision of legal provisions
4.7.15.1.2 Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Powers of ruling bodies
3.10 General Principles - Certainty of the law
Self-government Bodies / Bar / Acts / Publication

UKR-2025-3-005 a) Ukraine b) Constitutional Court c) Second Senate d) 26.11.2025 e) 5-r(II)/2025 f) Ensuring constitutional guarantees of taxpayer rights
Questions had arisen over certain provisions of the Tax Code which imposed penalties for failure to comply with deadlines for registering tax invoices and adjustment calculations in the United Register of Tax Invoices.
5.3.39 Fundamental Rights - Civil and political rights - Right to property
5.4.6 Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom
3.16 General Principles - Proportionality
4.10.7 Institutions - Public finances - Taxation
Value added tax (VAT) / Deadline / Limit / Violation / Invoices, Electronic administration / Deadline, Non-compliance, Penalty

UKR-2025-3-006 a) Ukraine b) Constitutional Court c) Second Senate d) 03.12.2025 e) 6-r(II)/2025 f) Representation of the interests of the state in court by the prosecutor
Certain provisions of the Law on Prosecution were inconsistent with the Constitution in that they gave the prosecutor the opportunity to represent the interests of the state in court in connection with the failure or improper exercise of the protection of these interests by a state authority, local self-government body or other entity with authority, to whose competence the relevant powers are ass... Read more
4.7.4.3.1 Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers
Exceptional cases / Representation, Prosecution, State interests

UKR-2025-3-007 a) Ukraine b) Constitutional Court c) First Chamber d) 11.12.2025 e) 7-r(I)/2025 f) Administrative offences
Certain provisions of the Code on Administrative Offences introduced fines for exceeding size and weight limits when heavy vehicles were being driven on motorways, streets and railway crossings. These provisions do not contravene the principle of the presumption of innocence. They are justified preventive measures in the sphere of road safety.
5.3.13.1.5 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - litigious administrative proceedings
5.3.13.22 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Presumption of innocence
Traffic offence, Fine / Penalty, Individualisation / Road safety

UKR-2025-3-008 a) Ukraine b) Constitutional Court c) Grand Chamber d) 11.12.2025 e) 1-r/2025 f) Time limits for an employee to apply to the court for the collection of wages and other payments belonging to the employee
A provision of the Labour Code which establishes a three-month period for an employee to apply to the court for the collection of wages and other payments is unconstitutional; it runs counter to the principles of reasonableness, equality and effective judicial protection.
5.3.13.3 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts
5.3.13.1.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Civil proceedings
3.20 General Principles - Reasonableness
4.18 Institutions - State of emergency and emergency powers
5.3.13.2 Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Effective remedy
5.2 Fundamental Rights - Equality
Wages, Employee, Collection, Deadline