Difficult decision: sentence enforcement court decision becomes final or takes binding legal effect?

Abstract

The essence of the legal force is that the cases brought before the court are finally concluded within the framework provided by law. Despite the previous statement, it is still not obvious which decisions bear legal force with special regards to law-enforcement judges’ decisions. This is a seemingly simple, yet extremely complex issue which necessitates the analysis of legal concepts like: formal or substantive legal force, res iudicata, compulsive nature of decisions, binding nature of decisions and invariability. The paper also examines the issue with respect to judicial decisions in compensation cases initiated based on accommodation conditions that violate fundamental rights. The reason for the previous analysis is that the disputed decisions of the Supreme Court and the Constitutional Courts were made in such cases.