Understanding Legal Standards: Retroactivity, Repeal, and Sources of Law

Understanding Legal Standards

Standards, advertising standards, the non-retroactivity of punitive provisions unfavorable or restrictive of individual rights, legal certainty, accountability, and prohibition of arbitrary action by public authorities.

The EC prohibits retroactivity of punitive provisions unfavorable or restrictive of rights, so that you cannot post a rule harmful to citizens in situations that have already happened.

Article 2 CP: "1. There is no crime punished with a penalty or lack who is not prescribed by law prior to its commission. Will lack, also backdated laws to establish security measures. 2. However, those laws shall have retroactive effect to favor the criminal defendant, but upon entry into force have been decided and the subject firm were serving sentences. In case of doubt about the determination of the law more favorable, the accused will be heard. The acts committed under the temporary effect of a law will be judged, however, according to her, unless expressly provided otherwise."

If you change the rule and it is more favorable, the new rule applies to situations that have already happened.

Repeal of Laws

The repeal is the effect of cessation of validity. Ways to stop the rules:

• Cessation natural action to force removal of a standard is produced on the other enters into force and that removes all or part or change its content.

Temporary cessation of the temporary rules, as the law of the state budget for last one year and expire after his term runs out. The temporary rules will produce an automatic extension if you do not want to get the policy vacuum in the event of termination of validity.

• Extraordinary Termination: The rules in effect cease dramatically when there is cause to question its validity to a standard that has been published in force and effects, but have been challenged in the TC

The rules are invalid may not be current.

Custom, General Principles of Law, and Jurisprudence

Art. 1 CC: "1. It will not be punished any action or omission that is not covered as an offense punishable by law prior to its commission. 2. Security measures can only be applied when presenting the budget previously established by law."

They are sources of law:

1. The law: Rule generally expressed written, enunciated by one who has authority by any of the forms prepared by the management to be imposed on a rigorous and general authorities, courts and individuals. has an internal legitimacy (people and material) and external legitimacy (sanction, promulgation and publication).
2. The usual: it is a subsidiary source of law regarding