The Ability to Deviate from the Principle of Retroactivity: A Well-Established Practice Before the Constitutional Court and the Council of State in Belgium

Autor:	Patricia Popelier, Sarah Verstraelen, Sébastien Van Drooghenbroeck
Rok vydání:	2015
Předmět:	Law reform Council of State Parliament Political science Common law Law media_common.quotation_subject Legal certainty Judicial opinion Annulment Constitutional court media_common
Zdroj:	Ius Comparatum-Global Studies in Comparative Law ISBN: 9783319161747 Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions / Steiner, Eva [edit.]
DOI:	10.1007/978-3-319-16175-4_4
Popis:	In Belgium, every judicial decision has, in principle, retroactive effect. Parliament gave the Constitutional Court and the Council of State the ability to deviate from this initial retroactive effect when the Court or Council deems this necessary. It appears from the Constitutional Court’s case law that the Court repeatedly makes use of this ability to attach prospective effects to its decisions. A variety of reasons is given to justify a temporal modulation, such as the protection of legal certainty, the prevention of financial and/or administrative difficulties and the possibility for Parliament to revise the annulled norm. Similar considerations are invoked before the Council of State, but the latter is much more reluctant to deviate from the initial retroactive effect and it imposes a higher burden of proof on to the requesting parties. Since the recent law reform of 2014, the Council is moreover deprived of the power to modulate ex officio the retroactive effect of its annulment decisions.
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_dedup___::86267631c4e72d0e0fd6afa39fdc17c6 https://doi.org/10.1007/978-3-319-16175-4_4 Zobrazit plný text záznamu