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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 […]

United Kingdom: New Law Provides Framework for Covert Human Intelligence

(Mar. 31, 2021) The United Kingdom enacted the Covert Human Intelligence Sources Act (the CHIS Act) on March 1, 2021. The CHIS Act provides a framework to provide a criminal conduct authorization (CCA) that enables covert human intelligence sources (CHIS) to participate in actions during the course of their work that would otherwise constitute a […]

Norway: Supreme Court Rules Organization May Bring Claim Questioning Constitutionality of Parliamentary Decision

(Mar. 30, 2021) On March 1, 2021, the Norwegian Supreme Court, sitting in banc, declared that the organization “Nei til EU” (No to the EU) may bring a claim in court that a parliamentary vote decided by simple majority violated a Norwegian constitutional provision requiring certain matters be decided by a supermajority. (Norwegian Supreme Court, […]

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 […]

Great Britain: House of Commons Advances Bill to Limit Criminal Prosecution of Veterans for Acts Committed during Overseas Operations

(Oct. 7, 2020) On September 23, 2020, the Overseas Operations (Service Personnel and Veterans) Bill received its second reading in the British House of Commons and progressed through to the Committee stage with a comfortable majority. The bill aims to provide certainty for Service personnel and veterans by protecting them from vexatious legal claims for […]

Russian Federation: Newly Adopted Constitutional Amendments Change Jurisdiction of Constitutional Court and Procedure for Appointing Judges

(July 15, 2020) On July 3, 2020, Russian Federation President Vladimir Putin signed Decree No. 445 “On the Official Publication of the Constitution of the Russian Federation, as Amended.” The president issued the decree immediately after the Russian Central Election Commission had approved the results of the national referendum held between June 25 and July […]

European Union: Court of Justice Rules against Poland, Czech Republic, and Hungary for Noncompliance with Migrant Relocation Obligations

(June 5, 2020) On April 2, 2020, the Court of Justice of the European Union (EU) in Luxembourg issued a judgment in Joined Cases C-715/17, C-718/17 and C-719/17, European Commission v. Poland, Hungary and the Czech Republic, finding these three countries in noncompliance with the temporary mechanism for the relocation of applicants for international protection […]

Sudan: Interim Constitutional Declaration Signed

(Oct. 9, 2019) On August 4, 2019, Sudanese media announced that the Transitional Military Council and an opposition movement known as the Coalition of Forces for Freedom and Change (FFC) would officially sign an interim constitutional declaration. The 2019 Interim Constitutional Declaration, consisting of 15 chapters and 70 provisions, provides that a governing council will […]

Brazil: Supreme Court Rules Federal Police Plea Bargains Are Constitutional

(June 25, 2018) On June 21, 2018, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) ruled on a Direct Action of Unconstitutionality (Ação Direta de Inconstitucionalidade (ADI) 5508) proposed by the Public Prosecutor’s Office (Procuradoria Geral da República), holding that agents of the Federal Police (Delegados) could not make plea bargain agreements (acordos de […]