Declaration of incompatibility

Not immediate annulment

For a law of the Assembly, the Court does not strike the provision down on the spot. It declares the incompatibility, names the provisions affected, states what would cure them, and fixes a period within which the Assembly must act.

The period

Twelve months at most, extendable once by six months if the Assembly shows the cure is under way. The provision stays in force meanwhile, unless applying it would breach the minimum core, violate a non-derogable right, or breach an ecological budget, in which case the Court suspends it.

If nothing happens

The provision lapses by operation of law at the end of the period, and the lapse is recorded in the public register. Inaction is therefore not a veto over the Court.

What it does not cover

Only laws of the Assembly get this treatment. The plan, decisions of planning bodies, administrative acts, regulations and acts of territories are simply void to the extent of their conflict, with no grace period at all.

The individual is not made to wait

A person whose right the incompatible provision violated gets their remedy immediately, without waiting for the period to expire.