Темпорално действие на решенията на Конституционния съд спрямо висящи съдебни производства
Temporal Effect of Constitutional Court Decisions on Pending Judicial Proceedings

Summary/Abstract: The article focuses on the temporal effect of invalidation of unconstitutional legislation on pend-ing judicial proceedings. The significance of the topic is determined by the fact that in a state committed to the rule of law the protection of the rights and legitimate interests of citizens and legal persons is entrusted to the courts and the effect in time of the decisions on the unconstitu-tionality of a law, applicable in a pending proceeding, contributes to ensuring the supremacy of the Constitution in the field of adjudication/administration of justice. The emphasis is put on the theoretical considerations in favour of “ex tunc” invalidation of unconstitutional law with respect to pending judicial proceedings. The author analyses the case law of European constitutional ju-risdictions as well.

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