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 Pécs, 48-as tér 1, 7622 Pécs, Hungary
  • Philipp Schneider Faculty of Law, University of Pécs, 48-as tér 1, 7622 Pécs, Hungary
Keywords: Judicial review proceedings, Constitutional Court, re-enactment of former law, suspension of the Family Act (2014), Family Act (2003)

Abstract

In 2015, the Croatian Constitutional Court suspended the Family Act (2014) without a final decision in the judicial review proceedings and ordered the reenactment 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Croatian Constitutional Court’s decision as an opportunity to examine the conditions for a re-enactment of formerly repealed law, and additionally the temporal effects of judgments of some European constitutional courts from a comparative law perspective.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.

Author Biographies

Tímea Drinóczi, Faculty of Law, University of Pécs, 48-as tér 1, 7622 Pécs, Hungary
PhD, dr. habil., associate professor
Philipp Schneider, Faculty of Law, University of Pécs, 48-as tér 1, 7622 Pécs, Hungary
Ass. Iur., M.A., DAAD guest lecturer
Published
2017-04-04
How to Cite
Drinóczi, T., & Schneider, P. (2017). THE LEGITIMATION OF A RE-ENACTMENT OF FORMER LAW AND TEMPORAL EFFECTS OF JUDGMENTS IN A CONSTITUTIONAL DEMOCRACY. Pravni Vjesnik, 32(3-4), 29-44. Retrieved from https://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/5100
Section
Orginal scientific article