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Germany: Bavarian Higher Administrative Court Upholds Requirement to Wear Face Masks to Prevent COVID-19 Spread

(May 14, 2020) On May 7, 2020, the Bavarian Higher Administrative Court (Bayerischer Verwaltungsgerichtshof, BayVGH) denied a preliminary injunction against a regulation to combat the spread of the novel coronavirus adopted by the Bavarian State Ministry of Health and Care that, among other things, makes wearing face masks in retail stores, shopping centers, department stores, […]

Sweden: Administrative Court Upholds Prohibition on Sale of COVID-19 Test Kits

(May 8, 2020) On May 4, 2020, the Administrative Court of Uppsala ruled that sales of Zandcell AB’s COVID-19 test kits were prohibited in Sweden because the producer had not proven that the product met the legal requirements for medical devices under Swedish and European Union law. (Uppsala Administrative Court, Decision No. 240-20 (May 4, […]

Germany: Court Obligates Government to Repatriate ISIS Member and Children to Germany

(Dec. 17, 2019) On November 6, 2019, the Higher Administrative Court of Berlin-Brandenburg (OVG Berlin-Brandenburg) held that the German government must repatriate a German citizen who, in 2014, traveled from Germany to the territory held by the Islamic State (ISIS) in Syria, together with her three minor children. Facts of the Case In 2014, the […]

France: Council of State Rules a Law May Prohibit Something Without Providing a Criminal Sanction

(Dec. 16, 2019) The Conseil d’Etat (Council of State), France’s highest jurisdiction for matters of administrative law, ruled on October 24, 2019, that a law may prohibit a behavior without providing the particular remedy of a penal sanction. At the center of this case is a 2005 law, Loi n° 2005-158 du 23 février 2005 […]

Israel: Supreme Court Approves Deportation of Human Rights Watch Representative for BDS Support

(Dec. 5, 2019) On November 5, 2019, Israel’s Supreme Court rejected an appeal against an administrative court judgment approving the minister of interior’s decision not to renew the employment visa of the second appellant, Omar Shakir. The majority opinion was written by Justice Neal Hendel, with justices Noam Solberg and Yael Willner concurring. (AdminA 2966/19 […]

Germany: Court Rules Day Care Assignments More than 30 Minutes from Home Unreasonable

(Nov. 20, 2019) In a decision published on August 2, 2019, the Higher Administrative Court of Rhineland-Palatinate held that the city of Mainz, Germany, cannot fulfill its legal obligation to provide children three years and older with day care that is a reasonable distance from their home by assigning them a place in a center […]

Turkey: AKP Submits Draft “Judicial Reform Package” to Grand National Assembly

(Oct. 17, 2019) On October 7, 2019, the Justice Commission of the Grand National Assembly of Turkey (GNAT, Turkey’s parliament) accepted a draft bill constituting a “judicial reform package” that was submitted to the GNAT by Turkey’s Justice and Development Party (the AKP) on September 30, 2019. A press statement released by the AKP stated […]

Italy: Law Regulating Duration of Administrative Processes Ruled Unconstitutional

(May 17, 2019) On February 6, 2019, the Italian Constitutional Court declared article 54, paragraph 2 of Decree-Law No. 112 of June 25, 2008 unconstitutional because the provision establishes an excessive duration for administrative procedures. In its decision, the Court highlighted that all legal procedures must have a reasonable duration. By declaring this provision unconstitutional, […]