Lietuvos Respublikos Konstitucinio Teismo nutarimų teisinė galia laiko požiūriu.
MetaduomenysRodyti išsamų įrašą
In this article one examines how do the rulings of the Constitutional Court of the Republic of Lithuania, whereby a legal act is recognised as the one which is in conflict with the Constitution (or a law), act in regard to time. Various European countries use different ways to solve this issue. Legal power and consequences of the Constitutional Court rulings by which one holds that a legal act is non–constitutional in regard of time, as well as a need to respectively correct such consequences basically depends upon which of the two doctrinal theories (invalidity or repealing), interpreting the notion of non–constitutionally in different ways, the model of constitutional justice of particular country is based. In the article the author reviews the basic models of regulating consequences caused by the decisions of constitutional justice institutions and, on the basis of the jurisprudence of the Constitutional Court of the Republic of Lithuania as well as practice of Lithuanian courts, she analyses whether the power of rulings of the Constitutional Court of the Republic of Lithuania is directed solely to the future (ex nunc), or whether the rulings are valid retroactively (ex tunc) in certain situations thus influencing legal relations which had aroused prior to the moment of coming into force of the said decisions.
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