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Commencement of acts Yesterday, Today and Tomorrow

Publication at Faculty of Law |
2021

Abstract

The article summarizes the development of the legislation commencement institute, including relevant case law of the Supreme Administrative Court. Furthermore, it points at current problems connected mainly with an 2019 amendment of the Act on the Collection of Laws and the Collection of International Treaties, whose goal was to establish common commencement dates, while it analyses its actual impact.

It shows that most ministries make efforts so that their regulations come into effect on 1 January or 1 July, as a matter of principle, even though they would not be punished for acting otherwise. However, it is also evident that last year's legislative praxis was strongly influenced by the COVID-19 pandemic.

The last part presents individual legislative strategies which follow from the current legislation presenting a danger of excessively long vacatio legis period.