Derogation (Latin derogatio) is the relaxation or exemption from of a rule of law. This is as opposed to a repeal or ending of a law. The term is used in both civil law and common law. It is sometimes used, loosely, to mean abrogation. For example in the legal maxim: Lex posterior derogat priori which means a more recent law may overrule an earlier law. Derogation is different from dispensation (an exception to a law) in that it applies to the law. A dispensation applies to specific people who are affected by the law.
In terms of European Union legislation, a derogation can also imply that a member state delays putting into effect a part of an European Union regulation (etc.) into their own legal system. This can be for a period of time such as five years. Or that a member state has decided not to enforce a specific provision in a treaty due to internal circumstances (typically a state of emergency).
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References[change | change source]
- "Derogation". Oxford Living Dictionaries. Oxford University Press. Retrieved 28 July 2017.
- ""Beck's Law Dictionary": A Compendium of International Law Terms and Phrases". Robert J. Beck/University of Virginia. Retrieved 16 November 2015.
- Derogation – EU Jargon
- "Derogation from human rights treaties in situations of emergency". Geneva Academy of International Humanitarian Law and Human Rights. Retrieved 16 November 2015.