The Temporal Effect of Legal Norms and Case Law of the Constitutional Court of the Republic of Latvia

Abstract

This article deals with the issue of the temporal effect of a legal norm from the perspective of the general principles of law – the principle of good legislation and the principle of the protection of legitimate expectations. The practical aspects of the identifying possible retroactive effect of a legal norm which as agreed by legal doctrine is one of the most difficult legal methods to be applied are analysed on the basis of the recent case law of the Constitutional Court of the Republic of Latvia. All three examples show that first of all the temporal effect of a contested legal norm has to be detected; and in a case if it is immediate or retroactive effect, the existence of legitimate expectations has to be identified; and following, if reasonable transitional period to a new regulation or appropriate compensation is provided by a legislator. Moreover, when determining the period for the transition to a new legal regulation or appropriate compensation, legislator according to the principle of good legislation has to ascertain fully and in a comprehensive manner the impact of a contested norm on the already existing – pending (or even more – on finished) legal relations.