Clifford Chance

Justification to the judgment of the Constitutional Tribunal on banking enforcement titles

2 July 2015

The Constitutional Tribunal published the justification to its 14 April 2015 judgment, which ruled that the laws on banking enforcement titles – Art. 96 sec. 1 and Art. 97 sec. 1 of the Act – Banking Law of 29 August 1997 are unconstitutional (case file no. P 45/12).

The justification explains the effects of the judgment that are associated with leaving the laws on banking enforcement titles in effect until 1 August 2016. The Constitutional Tribunal confirmed that during the deferment period, courts and other entities should continue to apply the laws declared unconstitutional, unless they are repealed or changed earlier by the legislator. The Constitutional Tribunal also signalled a potential problem regarding the possibility of resuming proceedings related to banking enforcement titles, if the legislator does not change or repeal the laws before the date on which they cease to be in force.

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