Retroaktivita v právu – Tryzna Jan (2024)

Retroactivity, or retroactive effect, has been a subject of debate in law since ancient times. Changes in legal regulation over time often manifest as an interference with legal certainty or disrupt the legitimate expectations of the addressees of the legal regulation. This is particularly true when the legal status of these individuals is changed to their detriment. On the other hand, however, the retroactive effect of law in time cannot be completely eliminated in law. Various constitutional limitations may argue against it, but other constitutional rules may also require it in different situations. The main reason legitimizing changes in law over time is the authority of the legislator to respond to current social needs by changing legal regulations, even those that will have retroactive effects. It is essential to define and adhere to the rules by which acceptable and unacceptable retroactive temporal effects of law can be assessed. The basis of these rules currently consists primarily of constitutional norms and further rules contained in international treaties. These are subsequently interpreted and refined through the decision-making activities of constitutional courts, as well as international and supranational institutions. The book shows that the formation of such rules is subject to various influences and depends on social, economic...