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European Observer on fundamental right's respect

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Case Law 47/2008 (11/12/2008)

Type: Judgment

Authority: National Courts: Supreme Courts (Luxembourg) - Cour Constitutionnelle

Date: 12/11/2008

Subject: The Constitutional Court, also recalling the Seventh Protocol to the ECHR, has established that articles 302, second par., and 378, second par., of the civil code are in contrast with the principle of equality before the law provided by the Constitution of the State, since they do not allow divorced parents the joined exercise of parental authority on their children.

Parties: Cour d’Appel

Original language: Luxembourg

Classification: Equality - Art. 20 Equality - Art. 24 Children’s rights

Text download Luxembourg