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Germany: Personal Status Act Must Allow Third Gender Option for Intersex People

(Nov. 20, 2017) In a decision published on November 8, 2017, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) held that the Personal Status Act is incompatible with the German Basic Law, the country’s constitution, to the extent that it only allows the registration of a female or male gender at birth or no gender entry […]

Indonesia: Constitutional Court Opens Way to Recognition of Native Faiths

(Nov. 17, 2017) On November 7, 2017, Indonesia’s Constitutional Court (Mahkamah Konstitusi Republik Indonesia) issued a decision that will allow Indonesians who follow native faiths to list their religions on official forms.  According to Justice Arief Hidayat, several articles in the Law on Population Administration are discriminatory and “contradict the 1945 Constitution and these articles […]

Taiwan: Constitutional Court Rules Same-Sex Marriage Prohibition Unconstitutional

(June 5, 2017) On May 24, 2017, Taiwan’s Constitutional Court announced J.Y. Interpretation No. 748, which rules that the prohibition of same-sex marriage in the current Civil Code violates the Constitution. (Judicial Yuan Interpretation No. 748 and Reasons (May 24, 2017), Judicial Yuan website (in Chinese) (click on the first PDF link); Press Release, On the Same […]

Germany: Compensation to Utilities for Acceleration of Nuclear Energy Phase-Out

(Dec. 21, 2016) On December 6, 2016, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) ruled that the 13th Act to Amend the Atomic Energy Act was partially unconstitutional.  The 13th Amendment Act for the first time set fixed end dates for the operation of nuclear power plants and reduced the additional operating time that had […]

Egypt: Supreme Constitutional Court Rules Law Regulating Public Gatherings to Be Unconstitutional

(Dec. 19, 2016) On December 3, 2016, the Egyptian Supreme Constitutional Court decided that article 10 of Law no. 107 of 2013, known as “the Protest Law,” violates the Egyptian Constitution of 2014.  (Law No.107 of 2013, 47 AL-JARĪDAH AL-RASMĪYYAH (duplicate) (Nov. 24, 2013, at 2 (in Arabic).)  The Court stated that article 10 is […]

Germany: Court Declines Case Challenging Mandatory Participation of Female Muslim Student in Co-Ed Swim Class

(Dec. 15, 2016) On November 8, 2016, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) declined to accept for review a constitutional complaint alleging that mandatory participation in a co-ed swim class for a female Muslim student infringed on the applicant’s freedom of religion. In an unusual move, the Court provided reasoning for its refusal to hear […]

Germany: Quota of Lawyers Suggested for Appointment of Justices to Federal Constitutional Court

(Dec. 5, 2016) In November 2016, the Federal Bar Association (Bundesrechtsanwaltskammer, BRAK) and the German Lawyers’ Association (Deutscher Anwaltverein, DAV) proposed a mandatory lawyers’ quota for the appointment of justices to the Federal Constitutional Court. They suggested that at least one of the justices in each of the two chambers should be an attorney who […]

South Korea: President May Be Impeached

(Dec. 2, 2016) An impeachment motion against South Korean President Park Geun-hye has now been delayed and it is not certain whether it will be brought against her in, and passed by, the National Assembly. (Yoon-seung Kang, Impeachment Motion Delayed as Oppositions Fail to Narrow Gap, YONHAP NEWS (Dec. 1, 2016); for background on the […]

France: Controversial Labor Law Reform Adopted

(Oct. 14, 2016) On August 9, 2016, French President Francois Hollande signed into law a significant reform of France’s labor laws. (Loi n° 2016-1088 du 8 août 2016 relative au travail, à la modernisation du dialogue social et à la sécurisation des parcours professionnels (1) [Law No. 2016-1088 of 8 August 2016 on Labor, Modernization […]

South Korea: Constitutional Court Rejects Petition on Corruption Law

(Sept. 14, 2016) The Act on the Prohibition of Unjust Solicitation and Giving and Receiving of Money, Goods, etc. (Improper Solicitation and Graft Act, Act No. 13278) was promulgated in South Korea on March 27, 2015. (Sayuri Umeda, South Korea: Controversial Anti-Corruption Law Promulgated, GLOBAL LEGAL MONITOR (Apr. 16, 2015).)  After the National Assembly passed […]