| Opis: | Retroactivity appears in history, as early as the time of Roman law. Then in period of Middle Ages, disappears and slowly revived with the French Revolution, where retroactivity enroached on criminal law. Later, in 1804 with French Civil Code and in 1811 with the Austrian State Code, it was further consolidated and accepted, as one of the most important legal principles. The prohibiton of retroactivity, which is contained in Article 155 of the Constitution, is called true retroactivity and it is one of the main concretizations of the principle, of the rule of law, from Article 2 in Constitution. The principles of the rule of law guarantees the individuals, that they can rely on the applicable law and that the laws will not subsequenctly enroached in their acquired rights. The conformity of laws with constitutional principles provides legislator. The legislator must at passing the laws, eplicitly observe and respect the prohibition of retroactivity, especially in the part, where it could retrospectively interfere in acquired rights. Acquired rights, are the most demanding and most problematic condition, that must be respected at admissible retroactive enroached. Second cumulative condition, that must be consider in order for statutory provision to have retroactive effect, is the public interest. Only, when both conditions fulfilled together, can permissible retroactivity occur. The main, word at evaluating conditions and retroactive enroaching has, a constitutinal court, with his judgment and separate opinions, which significantly guide the legislator at passing the laws and his provisions |
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