CO SCI 136 Lecture Notes - Lecture 31: Objective Test
Document Summary
Actual retroactivity = rule is to be introduced by the legislator in respect of events which have already occurred. In principle precluded -> community act cannot take effect as from a date prior to its publication. Apparent retroactivity = applicability of legislative acts to events which originated in the past, but which have yet to be definitely concluded. In principle admissible -> laws amending a legislative provision apply to the future consequences of a situation which arose under a former law but must be balanced against the principle of legitimate expectations. > some action or inaction of the union authorities on which the expectation can be based. Individual acts -> revocation prohibited unless justified by subsequent change of circumstances or unlawful. Acts of general application -> only give rise to legitimate expectations when the contain a protection clause requiring specific interest of individuals to be taken into account: conduct of institutions, authorities or officials.
