What is it
AKOMA NTOSO 2.0 Schema
Document Actions
All content on one page (useful for printing, presentation mode etc.)
Modifications of Force
Entry into force
Modifications of force change the date at which a normative act enters into force or lapses out of force. In first example below, we have a so-called sunset norm, meaning a norm that sets forth its own cessation of force. In the second example, we are looking at the entry into force of an international agreement.
Example 1
South African Law
DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
DEPARTEMENT VAN JUSTlSlE EN STAATKUNDIGE ONTWIKKELING
No. I?. 224 18 March 2005
INTERNATIONAL CO-OPERATION IN CRIMINAL MATTERS ACT, 1996
(ACT NO. 75 OF 1996)
MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS TREATY BETWEEN THE
REPUBLIC OF SOUTH AFRICA AND THE FRENCH REPUBLIC
I, Brigitte Sylvia Mabandla, Minister for Justice and Constitutional Development, hereby give notice in terms of section 27(2) of the International Co-operation in Criminal Matters Act, 1996 (Act No. 75 of 1996), that the Parliament of the Republic of South Africa has on 11 November 2002 agreed to the ratification of the Mutual Legal Assistance in Criminal Matters Treaty between the Republic of South Africa and the French Republic as set out in the Schedule. The said Treaty entered into force on 1 March 2004.
Example 2
AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD
11 July 1990, CAME INTO FORCE on 29 November, 1999
Article 47: Signature, Ratification or Adherence
1. The present Charter shall be open to signature by all the Member States of the Organization of African Unity.
2. The present Charter shall be subject to ratification or adherence by Member States of the Organization of African Unity. The instruments of ratification or adherence to the present Charter shall be deposited with the Secretary-General of the Organization of African Unity.
3. The present Charter shall come into force 30 days after the reception by the Secretary- General of the Organization of African Unity of the instruments of ratification or adherence of 15 Member States of the Organization of African Unity.
End of enactment
The end of enactment is when the act or the decree establishes itself, usually not with an external document, the end of enactment. It is usual for the emergency situations or domain such as calamity or temporary law or in a very new matter that is expected to have shortly a re-ordering of the domain (e.g. genetic material domain). It is a sort of programmed repeal starting from the act itself.
Example. 1
Non example were found for this category
Postponement of entry into force
The postponement of enter into force is when the act or a part of it enters into force with delay with respect to the usual rule.
Example. 1
Cameroon Law
Loi N° 2005/007 du 27 juillet 2005 portant Code de Procédure Pénale
Enter into force: 1 August 2006
Article 747 : La présente loi, qui entrera en vigueur le premier jour du treizième mois suivant celui de sa promulgation, sera enregistrée puis publiée au Journal Officiel en français et en anglais.
Example 2
Nigerian Bill H187, 2005
Commencement.
6. This Act shall come into force on 1st day of January, 2006.
Citation.
7.This Act may be cited as the Pension Rights of Federal Judicial Officers (Transfer of Responsibility and Administration) Bill, 2005
Prorogation of Force
This modification prolongs the time a norm remains in force: it works exactly like prolongation of efficacy, explained immediately below. This modification is coupled with the “End of enter in force” modification and it prorogues the life of the act or a part of it.
None examples were found for this category.
Re-enactment
Re-enactment calls back into the legal system a normative provision that had previously been repealed or have otherwise been purged from the system. Such reinsertion into the system can only exert any effect when the normative provision in question is actually reinstated.
Example
Italian Regional Law
Regional Law no. 44 of 7 Dec. 1981, published in the Official Bulletin of Emilia-Romagna Region,k issue no. 153 of 10 Dec. 1981: Transitory provisions for the appointment of service personnel
ART. 1
The provisions set forth in paragraphs 1 through 4 of Art. 1 of Regional Law no. 9 of 12 Feb. 1980 are called back into force and will be effective within the limitations set forth in the following Art. 3. [ART. 3 – The positions provisionally assigned under the present law will last until the service personnel receive permanent appointment pursuant to Art. 37 of Regional Law no. 12 of 23 April 1979, and may not last for any term longer than one year, after which time the same positions expire by of operation of law, even if they are still awaiting permanent appointment.]
Unconstitutional decision
Unconstitutional decision (or Annulment) cancels a set of provisions or a legal document, which thereby loses all of its efficacy, meaning its ability to exert any normative action; annulment, therefore, kills any legal effect the norm may produce over time (including in the past, in which case annulment is retroactive). Annulment takes action the moment it invalidates a provision (as when, at some point after enactment, the normative provision declared unconstitutional), but it also obliterates the full range of prior actions (past activity), as if the provision being annulled never existed in the first place, the reason being precisely that annulment typically applies to act or legal document found to be illegitimate. Annulment usually comes by way of judicial action.
Example 1
European Directive
Ruling issued on 5 Oct. 2000 by the European Court of Justice: Federal Republic of Germany v. the European Parliament and the Council of the European Union
Directive 98/43/EC – Advertising and sponsorship of tobacco products – Legal foundation – Art. 100 A of the EC Treaty (later changed to Art. 95 EC)
Case C-376/98
... considering these motivations,
THE COURT [...]
gives the following judgment:
(1) Directive 98/43/EC of the European Parliament and of the Council, on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products, must be annulled in its entirety.
Example 2
In The Supreme Court of Nigeria
Holden at Abuja
On Friday, the 7th day of July 2006
Monitoring of Revenue Allocations to Local Governments Act, 2005
Omissis
I respectfully conclude that Sections 1, 2, 3 and 7 are inconsistent with the 1999 Constitution of Nigeria. I therefore agree with the lead judgment of my learned brother Tobi JSC. I would also make the same orders as in the lead judgment. I make no order as to costs.
Example 3
Ugandan Supreme Court
11 February 2004
Chief Justice Joseph Mulenga
I declare that Section 50 of the Penal Code Act is inconsistent with Article 29 (1) of the Constitution and it is void." Article 29 (1) stipulates that "Every person shall have the right to (a) freedom of speech and expression, which shall include freedom of the press and other media.