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.

Author(s):
Patricia Popelier, Sarah Verstraelen, Dirk Vanheule, Beatrix Vanlerberghe
Series:
Ius Commune Europaeum
Volume:
120
book | published | 1st edition
October 2013 | xii + 286 pp.

Paperback
€65.-


ISBN 9781780681887


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Details

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.

Chapters

Table of Contents (p. 0)

Chapter 1. The Effect of Judicial Decisions in Time: Comparative Notes (p. 1)

PART I. CONSTITUTIONAL COURTS: EFFECTS EX TUNC

Chapter 2. Germany - Temporal Effects of Decisions of the German Federal Constitutional Court (p. 15)

Chapter 3. Belgium - The Interplay of Temporal Effects of Judicial Decisions within the Belgian Legal Order (p. 35)

PART II. CONSTITUTIONAL COURTS: EFFECTS EX NUNC

Chapter 4. Austria - Pro Futuro and Retroactive Effects of Rescissory Judgments in Austria (p. 55)

Chapter 5. Hungary - Temporal Effects of Decisions of the Hungarian Constitutional Court (p. 77)

Chapter 6. France - Temporal Effects of Judicial Decisions in France (p. 107)

Chapter 7. Italy - The Temporal Effects of the Italian Constitutional Court and the Mechanism of Warning Decisions (p. 123)

PART III. SUPREME COURTS

Chapter 8. The UK - The Temporal Effect of Judgments in the United Kingdom (p. 151)

Chapter 9. The Netherlands - The Temporal Effect of Dutch Tax Court Decisions (p. 181)

Chapter 10. Israel - Time and Judicial Review in Israel: Tempering the Temporal Effects of Judicial Review (p. 197)

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 (p. 235)

Chapter 12. The European Court of Human Rights - The European Court of Human Rights’ Approach to Retrospective Judicial Reversals (p. 265)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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