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The principle of non-retroactivity is widely recognized for international laws such as treaties, [1] although treaties can have retroactive effect if the parties so intend. [2] It is also widely recognized in criminal law, at least to the extent of prohibiting criminal sanctions that were not in place at the time of the crime.
Article 11 of preliminary provisions to the Italian Civil Code and Article 3, paragraph 1, of the Statute of taxpayer's rights, prohibit retroactive laws on principle: such provisions can be derogated, however, by acts having force of the ordinary law; on the contrary, non-retroactivity in criminal law is thought absolute. [32]
The case turned on the "anti-retroactivity doctrine", which is a doctrine that holds that courts should not construe a statute to apply retroactively (to apply to situations that arose before it was enacted) unless there is a clear statutory intent that it should do so.
Topics concerning ex post facto law, also known as retrospective laws or laws in mitius: laws which act as if they in effect before they were issued. Subcategories This category has the following 2 subcategories, out of 2 total.
WASHINGTON (Reuters) - The U.S. Supreme Court on Thursday upheld the federal government's authority under a 2006 law to require thousands of sex offenders to register with authorities in the ...
Indirect effect is a principle of the European Union (EU) law, whereby national courts of the member states of the EU are required to interpret national law in line with provisions of EU law. The principle of indirect effect contrasts with the principle of direct effect , which, under certain conditions, allows individuals to invoke the EU law ...
What about retroactive pay? The state will issue checks that include back pay for July through December “on a flow basis” throughout December, according to CalHR spokesperson Camille Travis.
Further, Article 340 of the Treaty on the Functioning of the European Union (formerly Article 215 of the Treaty establishing the European Economic Community) expressly provides for the application of the "general principles common to the laws of the Member States" in the case of non-contractual liability.