Statutory reservations and gender self-determination – Commentary on the Case 474/2021 of the Constitutional Court

Abstract

In Case 474/2021, the Constitutional Court declared the unconstitutionality with general binding force of norms on the fundamental right to gender self-determination based on the statutory reservation clause. This paper aims to clarify what the statutory reservation clause comprises and, from there, to confront the decision of the Constitutional Court with a set of legal arguments that it did not consider.