Review article
https://doi.org/https://doi.org/10.30925/zpfsr.47.2.15
Limits of Retroactivity in Administrative Law: An Analysis of the Constitutional Framework and Case Law
Paula Šamanić Matijević
orcid.org/0000-0002-3826-8753
; University of Rijeka, Faculty of Law, Croatia
*
* Corresponding author.
Abstract
In accordance with the principles of the rule of law and legal certainty, the retroactive effect of legislation is prohibited. However, as the legal system must adapt to changing social circumstances and the legislators must take account of the protection of the public interest, statutes may exceptionally be given retroactive effect, but only for particularly justified reasons. Since retroactivity undermines legal certainty and may violate the principle of legality, it is important to clearly define the limits of its admissibility. To this end, the paper first analyses the principle prohibiting retroactivity and the protection of legitimate expectations as closely related legal concepts. It then examines the distinction between “true retroactivity”, which is absolutely prohibited, and “quasi-retroactivity”, which is permissible under certain conditions, with particular emphasis on the circumstances under which it may affect final administrative acts. Finally, based on an analysis of constitutional and administrative court case law, the paper concludes that the constitutional limits of quasi-retroactivity have not yet been clearly defined, especially regarding general acts.
Keywords
true retroactivity; quasi-retroactivity; legitimate expectations; legal certainty; administrative law.
Hrčak ID:
350954
URI
Publication date:
15.9.2026.
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