Izvorni znanstveni članak
THE LEGITIMATION OF A RE-ENACTMENT OF FORMER LAW AND TEMPORAL EFFECTS OF JUDGMENTS IN A CONSTITUTIONAL DEMOCRACY
Tímea Drinóczi
; Pravni fakultet Sveučilišta u Pečuhu
Philipp Schneider
; Pravni fakultet Sveučilišta u Pečuhu
Sažetak
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Croatian Constitutional Court’s decision as an opportunity to examine the conditions for a re-enactment of formerly repealed law, and additionally the temporal effects of judgments of some European constitutional courts from a comparative law perspective.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.
Ključne riječi
Judicial review proceedings; Constitutional Court; re-enactment of former law; suspension of the Family Act (2014); Family Act (2003)
Hrčak ID:
179197
URI
Datum izdavanja:
30.12.2016.
Posjeta: 1.247 *