Impact of Constitutional Court’s Interpretation No. 725 on Constitutional Litigation

According to statistics, the frequency with which the Constitutional Court ("Court") declared a statute void from a specified date (“dated void declaration”) is over 50% in the past seven years. Dated void declaration is thus the most typical form of interpretation of the Court. Whenever a statute is declared as violating the Constitution, a new suit may be brought for further remedy. However, it is controversial whether a remedy available owing to a dated void declaration can be asserted before the date specified. Though the administrative courts have found such cases should not be entertained, Interpretation No. 725 of the Court overturns such findings. ... More