Review of the constitutionality of retroactive laws

As a rule, laws have a prospective character, that is, they are for the future. However, as an exception, there are situations when the adopted laws also refer to some situations from the past. This article analyzes whether the Constitution of the Republic of Moldova allows the adoption of retroactive laws. In this sense, an x-ray is made of the jurisprudence of the Constitutional Court in the matter, as well as of the European standards. It was held that the principle of non-retroactivity of the law will not be violated in the event of the adoption of: (i) more favorable criminal legal norms; (ii) interpretation laws; (iii) the legal rules in which the legislator has expressly established that they will apply retroactively. The last two hypotheses are not expressly provided for by the Constitution of the Republic of Moldova, they were deduced in a praetorian way.

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Publication Details

Journal
Studia Universitatis Moldaviae Seria Stiinte Sociale
Published
2024-12-01
DOI
https://doi.org/10.59295/sum8(178)2024_15
Primary Topic
International Law and Aviation
Type
article
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article

Review of the constitutionality of retroactive laws

Gheorghe Reniță
Studia Universitatis Moldaviae Seria Stiinte Sociale
International Law and Aviation
article

Review of the constitutionality of retroactive laws

Gheorghe Reniță
article en

Abstract

As a rule, laws have a prospective character, that is, they are for the future. However, as an exception, there are situations when the adopted laws also refer to some situations from the past. This article analyzes whether the Constitution of the Republic of Moldova allows the adoption of retroactive laws. In this sense, an x-ray is made of the jurisprudence of the Constitutional Court in the matter, as well as of the European standards. It was held that the principle of non-retroactivity of the law will not be violated in the event of the adoption of: (i) more favorable criminal legal norms; (ii) interpretation laws; (iii) the legal rules in which the legislator has expressly established that they will apply retroactively. The last two hypotheses are not expressly provided for by the Constitution of the Republic of Moldova, they were deduced in a praetorian way.

Studia Universitatis Moldaviae Seria Stiinte Sociale(8(178))
Openalex Percentile: Top 54%
International Law and Aviation
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