A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

The applicants were Belgian and Turkish nationals who alleged that their son died in detention in violation of his right to life. The applicants’ son (the deceased) had been detained in the psychiatric wing of the prison two times and was discharged on probation. In 2009, the Criminal Court gave an order of the deceased’s …Read more

Mr. Abdida, a Niegrian national, was in Belgium seeking asylum from torture and inhuman treatment. While in Belgium, he suffered from a serious illness and submitted an application to reside in Belgium on medical grounds. The application was accepted, and he began receiving social assistance from the Public Social Action Centre of Ottignies-Louvain-la-Neuve (“CPAS”). In 2011, …Read more

Six applicants brought forth a plea challenging the constitutionality of Article 50 of a 2008 law concerning diverse healthcare matters. The applicants sought to annul the modified “reference amounts” system introduced by Article 50. Three of the applicants, the Groupement des Unions professionelles belges de Médecins specialistes, the Association Belge des Syndicats Médicaux, and the …Read more

The applicants were three companies selling pre-packaged food items. They challenged the constitutionality of a 2009 law that restricted smoking in publically accessible closed spaces, for the protection of non-smokers and workers in such establishments. The law generally required that establishments either ban smoking or install smoking rooms. Establishments where the primary activity was serving …Read more

This case was about the difference in treatment provided by the law between civil servants and employees as concerned expenses incurred by claims relating to social security. The Anvers Court of Appeal asked the Constitutional Court about the validity of article 1017, paragraph 2, of the Belgian Judicial Code in regard to articles 10 and …Read more

The applicant ASBL is an activist organization dedicated to the promotion of respect for human life and integrity of the person at every stage of development. The applicant group sought to annul Article 3 of a December 2008 law that allowed a wide range of human bodily material to be obtained and used for the …Read more

Three telecommunications companies sought to annul an ordinance passed by the Brussels Capital Region concerning the protection of the environment against the harmful effects of non-ionizing radiation. The provisions sought to restrict the levels of non-ionizing radiation produced in the environment, particularly from telecommunications equipment. The applicants alleged that the provisions adopted by the Brussels …Read more

Three non-profit organizations concerned with Belgian healthcare and nursing brought forward a plea seeking to annul a 2007 law relating to the representation of homecare nurses within the Conventions Committee of Nurses. At a later date, another non-profit organization brought forth a plea challenging Articles 2-5 of the 2007 law. The Constitutional Court heard both …Read more

The Flemish Community brought a claim against the Belgian state, challenging Article 21 of the 1967 Royal Decree (Article 21) concerning healthcare professionals. In assessing the matter, the State Board referred two interlocutory questions to the Constitutional Court. The first question was whether Article 21 unconstitutionally infringed on the jurisdiction of the Flemish Community by …Read more

The National Institute of Health and Disability Insurance (INAMI) sued the defendant company Aktuapharma for payment of fees. The defendant company was a parallel importer, importing pharmaceutical products from other countries to Belgium. A specific brand-name drug available in Belgium might be available in another country at a cheaper price. The defendant company would import …Read more

The applicant pharmaceutical company , which marketed cheaper, generic drugs, brought forward a claim against the “Institut national d’assurance maladie-invalidité” (National Institute for Health and Disability Insurance). The lower court referred a question to the Constitutional Court about whether Article 191 of the law concerning compulsory health insurance and benefits violated the principle of equality, …Read more

The lower court referred to the Constitutional Court a question as to the constitutionality of article 1017, paragraph 4, of the Judicial Code (the “challenged article), which allowed for a judge to offset court costs between spouses, parents, siblings or relatives to the same degree, but not between parties between whom existed a family relationship …Read more

The applicants were two, non-authorized physicians registered with the Saint-Vincent-Sainte-Elisabeth Hospital Center. Non-authorized physicians, unlike authorized physicians, work in private settings and do not fall within the public national healthcare system. The applicants challenged the constitutionality of Article 46 of a 2006 law passed on health provisions, in that it treated authorized and non-authorized doctors …Read more

This case concerns the right to privacy in a health care context. The Union of Belgian professional Medicine Associations sought the annulment of the Flemish Community’s decree concerning the establishment of a medical information database. It was argued that the right to private life as guaranteed in article 8 of the European Convention of Human …Read more

The Criminal Court of Dendermonde in the Flemish Region of Belgium posed two interlocutory questions to the Belgian Constitutional Court regarding the constitutionality of Article 44 of a 1991 decree of the Flemish government relating to the practice of sport in compliance with health standards  As per Article 2 of the 1921 law concerning the …Read more

The region of Wallonia brought a claim before the Court challenging a 1996 Royal Decree limiting the stocking of inflammable and combustible products in the workplace. The Decree created a law to address safety concerns in stocking such products and protect the well-being of all workers in the worksite. The applicant challenged the jurisdictional validity …Read more

The lower court referred to the Constitutional Court a question as to the constitutionality of certain provisions regarding the obligatory health care and compensation insurance;  the challenged provisions treated equally those pharmaceutical companies which were producing drugs of human origin and those pharmaceutical companies which were producing drugs chemically prepared or by recombination. The claimant, …Read more

J.V. filed an action in the Belgian Constitutional Court to annul article 40.6, line 2, of the Flemish Parliament’s Act of 1991 on the practice of sport with respect to health imperatives. He stated that the impugned provision that required the publication of details on a government website such as the name, date of birth …Read more