A RETROACTIVE EFFECT OF THE DECISIONS OF THE CONSTITUTIONAL COURT OF GEORGIA

Abstract

This article discuses the issue of mandatory retroactive power of the decisions of the Constitutional Court of Georgia. In particular, a special attention is drawn to the fact that the Constitutional Court of Georgia should be given discretion in exceptional circumstances to determine the time for an invalidation of an unconstitutional norm. This shall refer to a norm, under which a responsibility was imposed on a person, or on the grounds of this norm a person has incurred damages trough the activity of the state. The article highlights some of the main arguments to support above-mentioned arguments. Among them, from the standpoint of Human Rights protection, the focus lies on the ineffectiveness of the current model of constitutional control and the necessity of its improvement as well as Case-Law of the Constitutional Court of Georgia, opinions of its members and experiences of other countries. In addition, it is also our argument that from a purely legal point of view in a legal theory, it is admissible to give retroactive effect to the decisions of the Constitutional Court of Georgia. Finally, the purpose of this article is to also show that an application of the retroactive effect largely stipulates the transformation of the Constitutional Court of Georgia into an effective domestic remedy, which will allow individuals to protect and restore their rights.