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Journal of law and social sciences of the Law Faculty of University J.J. Strossmayer in Osijek = Zeitschrift für Rechts-und Sozialwissenschaften der Fakultät für Rehtswissenschaften der Universität J.J. Strossmayer in Osijek = Journal des sciences juridiq, Vol. 32 No. 3-4, 2016.

Original scientific paper

THE LEGITIMATION OF A RE-ENACTMENT OF FORMER LAW AND TEMPORAL EFFECTS OF JUDGMENTS IN A CONSTITUTIONAL DEMOCRACY

Tímea Drinóczi ; Faculty of Law, University of Péc
Philipp Schneider ; Faculty of Law, University of Péc

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Abstract

In 2015, the Croatian Constitutional Court suspended the Family Act (2014) without a final decision in the judicial review proceedings and ordered the re-enactment of a more than ten-year old regulation Family Act (2003). The article considers Croatian Constitutional Court’s decision as an opportunity to examine the conditions for a re-enactment of formerly repealed law, and additionally the temporal effects of judgments of some European constitutional courts from a comparative law perspective. Thus, the article first deals with the (historical) legal situation in Austria and Germany and the criteria that would generally justify the re-enactment of former law in their legal systems. Finally, the development of these countries’ legal systems has been reconsidered in the Croatian context.

Keywords

Judicial review proceedings; Constitutional Court; re-enactment of former law; suspension of the Family Act (2014); Family Act (2003)

Hrčak ID:

179197

URI

https://hrcak.srce.hr/179197

Publication date:

30.12.2016.

Article data in other languages: croatian

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