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CH-JU
CH-JU
Art. 5 Constitution de la République et Canton du Jura
1. État, peuple, autorités » 10. Constitution et autres actes fondamentaux
Art. 5 Constitution de la République et Canton du Jura
Les armoiries de la République et Canton du Jura sont les suivantes
"Parti d'argent à la crosse épiscopale de gueules et de gueules à trois fasces d'argent."
Décisions judiciaires appliquant cette disposition (18)
CPR 2023 50 · ju (Art. 5 al. 3 Cst.)
Victim's Plaintiff Status Affirmed Despite Conflicting Forms
Mandates state bodies to act in accordance with the rules of good faith.
CPR 2023 24 · ju (Art. 5 al. 1 Cst.)
Husband's Appeal Dismissed: Wife's Accusations Not Proven False
Constitutional provision related to the principle of legality.
CPR 2023 16 · ju (art. 5 al. 3 Cst.)
Victim Status Denied in Prosecutorial Discretion Case
Used as a general principle of good faith applicable to state organs and individuals.
CPR 2022 108 · ju (art. 5 al. 1 Cst.)
Prosecutor Ordered to Reopen Police Brutality Investigation
Cited as the basis for the 'in dubio pro duriore' principle.
ADM 2021 50 · ju (art. 5 al. 2 Cst.)
Farmer's illegal apartments must be removed.
Underpins the principle of proportionality, requiring state activity to serve public interest and be proportionate to the intended goal.
ADM 2020 118 · ju (art. 5 al. 1 Cst.)
Candidate's Appeal Against Admission Rejection Partially Upheld Due to Procedural Irregularities
Cited in reasoning regarding the principle of legality and the requirement for authorities to act within the framework of the law.
CPR 2021 43 · ju (art. 5 al. 3 Cst)
Remand for New Decision on Probation Extension Due to Procedural Violations
This constitutional provision was cited to emphasize the principle that state organs and private individuals must act in good faith.
ADM 2020 152 · ju (art. 5 al. 2 Cst.)
Continued Institutional Treatment for Personality Disorder and Substance Abuse Despite Progress
Used to assess proportionality between the infringement of personal rights and the author's dangerousness.
ADM 2020 81 · ju (Art. 5 al. 2 Cst.)
Foreign National Deportation for Criminal Offenses
Used in conjunction with Article 8 para. 2 ECHR for proportionality assessment in the context of residence permit refusal.
CP 2019 20 · ju (art. 5 al. 2 Cst.)
Expulsion upheld despite appeal over lack of explicit justification for denying exception
The principle of proportionality, which would be violated if the judge refused to waive expulsion when the conditions of the exceptional clause are met.
ADM 2019 120 · ju (art. 5 al. 2 Cst.)
Revocation of Residency Permit Due to Criminal Record and Public Safety Concerns
Cited as a source of the principle of proportionality.
ADM 2018 97 · ju (Art. 5 Cst.)
Public Employee Salary Adjustment Retroactivity Dispute
Invoked by the appellant regarding the protection of good faith, but rejected in the reasoning.
ADM 2019 10 · ju (Art. 5 al. 2 Cst.)
Residence Permit Renewal Granted Despite Criminal Conviction Due to Family Ties
Referred to as a source of the proportionality requirement, which merges with the examination under Article 8 par. 2 CEDH.
CA 2019 14 · ju (art. 5 al. 3 Cst.)
Building Permit Upheld Despite Notification Error and Noise Objections
Establishes the principle of good faith in public law, requiring state bodies and individuals to act in accordance with good faith.
ADM 2018 60 · ju (Art. 5 et 9 Cst.)
Waste Disposal Tax Assessment for Campsite Upheld
Cited as constitutional guarantees for legal certainty, predictability, and protection of good faith, related to the prohibition of retroactivity.