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

Authors

  • 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Croatian Constitutional Court’s decision as an opportunity to examine the conditions for a re-enactment of formerly repealed law, and additionally the temporal effects of judgments of some European constitutional courts from a comparative law perspective.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

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Published

2017-04-04

Issue

Vol. 32 No. 3-4 (2016)

Section

Orginal scientific article

License

Copyright (c) 2017 Tímea Drinóczi, Philipp Schneider

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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Authors retain the copyright on the papers published in the Journal, but grant the right of first publication to the Journal. Papers accepted for publication or already published in Pravni vjesnik of the Faculty of Law in Osijek may be published by the author(s) in other publications only with proper notice of its previous publication in Pravni vjesnik.