Pregledni rad
https://doi.org/10.31141/zrpfs.2026.63.159.35
The Effects of Annulment Decisions of the Constitutional Court of the Republic of Croatia in Proceedings of Abstract Review of the Constitutionality and Legality of Other Regulations
Mato Arlović
; Ustavni sud Republike Hrvatske
Sažetak
In proceedings of abstract review of the constitutionality and legality of other regulations,
the Constitutional Court of the Republic of Croatia, as a rule, renders a repealing decision if it
establishes that another regulation, or a particular contested provision thereof, is unconstitutional
and unlawful. Although the Constitutional Court, in the procedure of assessing the constitutionality
and legality of another regulation and/or a particular provision thereof, may render an annulment
decision when it establishes their non-conformity with the Constitution and the law, it rarely does
so as a rule, as is evident from its long-standing practice. Thus, although rarely, the Constitutional
Court has nonetheless, throughout its long-standing practice, also rendered annulment decisions
when it established the unconstitutionality and unlawfulness of other regulations – naturally, in
accordance with the Constitution and the Constitutional Act on the Constitutional Court. From a
theoretical and normative perspective, the paper sets out the constitutional-law reasons that explain
the distinction between the Constitutional Court’s repealing and annulment decisions when, in its
proceedings, it establishes the unconstitutionality and unlawfulness of another regulation and/or
a particular provision thereof. It then explains, on the one hand, what legal force and legal effects
such decisions have in general, and, on the other hand, which constitutional-law instruments exist
– and to whom they apply – for remedying the harmful consequences that these decisions of the
Constitutional Court have produced when applied to specific cases. Finally, the paper presents
several examples of decisions of the Constitutional Court of the Republic of Croatia by which it
annulled an entire other regulation and/or a particular provision thereof after establishing their
unconstitutionality and unlawfulness.
Ključne riječi
Constitutional Court; ex nunc and ex tunc decisions; constitutionality and legality; rule of law; legal certainty
Hrčak ID:
347919
URI
Datum izdavanja:
31.3.2026.
Posjeta: 75 *