Suspension and repeal of the normative acts – jurisprudential examination from the perspective of provisions of Article 20, para. (1) of appendix No. VII to the Framework Law no. 284/2010

DEZBATERI

Abstract

Suspension of the effects of the law does not affect the very existence, but the mere exercise of the right, therefore the right in the being, but lacking exercise, becomes integral part of the patrimony and continues to exist as such untill the cause of suspension ceases and the exercise of the right is regained. The normative act can be repealed while suspended, in wich case both the suspended and the suspending law come out of force even prior to the time limit the suspending law was inacted for. The decision of the High Court of Review and Justice over the appeal in the interest of the law is mandatory first by its disposition and second by its decisive grounds of judgment. The supreme court should pass its judgments in a manner that unequivocally ensures a consistent interpretation and implementation of the law by all courts. Departing from it`s previous jurisprudence, if the case may be, must by all means not be presumtive or implicit and should adequately state the reasons on which it is based. 

Keywords: suspension of the effects of the law; repeal of the law; the appeal in the interest of the law; departing from previous jurisprudence