THE ACTION IN TIME OF THE CONSTITUTIONAL COURTS’ DECISIONS

Abstract

The effects of the decisions of the constitutional jurisdictions may sometime disturb the balance of the normative system. This is the reason why, in different countries, the constitutional courts have modulated in time the impact of their decisions. In some cases, they are postponing the effects of their decisions (e.g. Italy) or they are establishing a precise moment in time up until the legislative power has the duty to change the normative provision declared inconsistent with the Basic Law (e.g. Germany, Austria). In other cases, they point out the way their decisions affect different juridical situations (e.g. Romania). This study intends to analyze the action in time of the decisions of some European constitutional jurisdiction.

Keywords

• Constitutional review
• constitutional jurisdictions
• effects of the decisions
• action in time
• retroactivity (retrospective laws).