The Effects of Judicial Decisions in Time
Constitutional review is a hot topic in contemporary constitutional debate and design. However, the legal force of judicial decisions, and in particular their effect in time, is an under-studied issue in the literature. This is remarkable, considering the substantial impact of these decisions on the parties or the wider society, in particular in the case of abstract review, and considering that the choice of retroactive, immediate or future effects may have at stake legal certainty, the right to effective judicial protection, or the rule of law. This edited volume fills the gap by offering a comparative analysis of legislative choices and jurisprudential developments regarding the effect in time of legal decisions and its implications in both civil law and common law systems, in abstract and concrete review. Both national and European courts are discussed. Country reports are preceded by milestone judgments so as to give insight into what, concretely, is at stake, thereby addressing both scholars and practitioners.
Type of product | Book |
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Format | Paperback |
EAN / ISSN | 9781780681887 |
Series name | Ius Commune Europaeum |
Weight | 515 g |
Status | Available |
Number of pages | xii + 286 p. |
Access to exercice | No |
Publisher | Intersentia |
Language | English |
Publication Date | Oct 17, 2013 |
Available on Jurisquare | No |
Available on Strada Belgique | No |
Available on Strada Europe | No |
Available on Strada Luxembourg | No |
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- Table of Contents
- Chapter 1. The Effect of Judicial Decisions in Time: Comparative Notes
Patricia Popelier, Sarah Verstraelen, Dirk Vanheule, Beatrix Vanlerberghe - PART I. CONSTITUTIONAL COURTS: EFFECTS EX TUNC
- Chapter 2. Germany - Temporal Effects of Decisions of the German Federal Constitutional Court
Werner Schroeder - Chapter 3. Belgium - The Interplay of Temporal Effects of Judicial Decisions within the Belgian Legal Order
Sarah Verstraelen - PART II. CONSTITUTIONAL COURTS: EFFECTS EX NUNC
- Chapter 4. Austria - Pro Futuro and Retroactive Effects of Rescissory Judgments in Austria
Manfred Stelzer - Chapter 5. Hungary - Temporal Effects of Decisions of the Hungarian Constitutional Court
Drinoczi Timea - Chapter 6. France - Temporal Effects of Judicial Decisions in France
François Xavier Millet - Chapter 7. Italy - The Temporal Effects of the Italian Constitutional Court and the Mechanism of Warning Decisions
Giuseppe Martinico - PART III. SUPREME COURTS
- Chapter 8. The UK - The Temporal Effect of Judgments in the United Kingdom
Ben Juratowitch - Chapter 9. The Netherlands - The Temporal Effect of Dutch Tax Court Decisions
Jo Badisco, Allard Lubbers - Chapter 10. Israel - Time and Judicial Review in Israel: Tempering the Temporal Effects of Judicial Review
Ittai Bar-Sima-Tov - PART IV. EUROPEAN COURTS
- Chapter 11. The Court of Justice of the European Union - Limitation of Temporal Effects of CJEU Judgments: Mission Impossible for Governments of EU Member States
Michaël Lang - Chapter 12. The European Court of Human Rights - The European Court of Human Rights’ Approach to Retrospective Judicial Reversals
Patricia Popelier