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Article

French

ID: <

10670/1.3mwtzj

>

Where these data come from
Legal uncertainty and temporal adjustment of the effects of court decisions
Disciplines

Abstract

The powers to adjust over time the effects of judicial decisions are now fully integrated into the French Judicial Office — in particular that of the judge of ultra vires and the Constitutional Council, which is the judge of the priority question of constitutionality. The value of the implementation of these powers for the protection of the stability of legal situations is no longer to be demonstrated and many studies have already extensively addressed this issue. The relationship between legal certainty and temporal modulation is, however, perhaps less straightforward than it appears. Based on legal certainty, modulation can, paradoxically, lead to legal uncertainty. This is linked to certain uses of the “manifestly excessive consequences” standard in case law or to the particular difficulties in enforcing decisions whose effects are modulated over time.

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