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Turkey: Constitutional Court Censures Lower Court for Not Enforcing Constitutional Court Judgment

(Apr. 9, 2021) On January 21, 2020, the Grand Chamber of the Constitutional Court of Turkey issued its decision in the Kadri Enis Berberoglu (3) case, censuring the Istanbul 14. Criminal Court for refusing to comply with the Constitutional Court’s prior decision in Kadri Enis Berberoglu (2). The cases arose from complaints made by Kadri […]

South Korea: Abortion Decriminalized since January 1, 2021

(Mar. 18, 2021) Abortion became decriminalized in South Korea effective January 1, 2021, when the provisions of Act No. 293, the Criminal Act, that criminalized abortion became invalid. (Criminal Act, Act No. 293, Sept. 18, 1953, arts. 269–270, amended by Act No. 5057, Dec. 29, 1995.) The decriminalization of abortion was the effect of a […]

Brazil: Federal Supreme Court Decides Right to Be Forgotten Is Not Supported by Constitution

(Mar. 15, 2021) On February 11, 2021, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) dismissed the extraordinary appeal by family members of the victim of a notorious 1958 murder who had sought redress for the reconstruction of the case on a 2004 TV show without their permission. In a ruling of “general repercussion”—one […]

Thailand: Abortion in First Trimester Legalized

(Mar. 1, 2021) On January 25, 2021, the Ratthasapha (Thai national assembly) amended the Thai Penal Code to relax currently restrictive regulations on abortion by decriminalizing the termination of pregnancy during first 12 weeks. The amendment was published in the Government Gazette on February 6, 2021, and took effect on the following day. (Act Amending […]

Russian Federation: Constitutional Court Says Movement Restrictions during Pandemic Are Legal

(Jan. 27, 2021) On December 25, 2020, the Constitutional Court of the Russian Federation reviewed a case against the governor of the Moscow Region regarding freedom of movement during the COVID-19 pandemic. The case was submitted by an individual who in April 2020 was fined by local authorities for disobeying the governor’s “stay at home” […]

Italy: Constitutional Court Limits Drug Searches Conducted Without Judicial Authorization

(Jan. 5, 2021) On November 26, 2020, the Italian Constitutional Court declared unconstitutional a provision in Presidential Decree No. 309 of October 9, 1990, that allows police to conduct searches and seizures in illegal drug cases without previous authorization from a magistrate. (Decision No. 252 of November 26, 2020  (in Italian).)  Article 103, paragraph 3 […]

Turkey: Constitutional Court Finds Violation of Constitutional Rights in Courts’ Failure to Decide on Abortion Authorization in Pregnancy Resulting from Sexual Assault

(Sept. 30, 2020) On September 10, 2020, a judgment of the Grand Chamber of the Constitutional Court of Turkey in the case of R.G. was published in the Official Gazette. The Court found that a minor crime victim’s right to protect and improve her corporeal and spiritual existence enshrined in article 17 of the Constitution […]

France: Constitutional Court Strikes Down Special Security Measures for Individuals Convicted of Terrorism

(Sept. 30, 2020) On August 7, 2020, the French Conseil constitutionnel (Constitutional Council) struck down most of a bill that aimed to impose special security measures on individuals after their release from prison for participating in terrorism-related activities. This bill, which was first submitted on March 11, 2020, was adopted by the French Parliament on […]

Germany: Law on Phasing-Out Coal-Powered Energy by 2038 Enters into Force

(Aug. 31, 2020) On August 14, 2020, the Act to Reduce and End Coal-Powered Energy and Amend Other Laws (Coal Phase-Out Act) entered into force in Germany. The Coal Phase-Out Act aims to gradually reduce and eventually end the use of coal-powered energy in Germany by 2038 in order to “reduce emissions and provide the […]