Oscar Björkenfeldt - PhD-Candidate. Sociology of Law


Johan Boucht - Department of Public and International Law

In civil law jurisdictions, “legal certainty” is usually associated to the enhancement of law, statutes and general rules. This is not quite so, however. Of course. Well-drafted general rules help increase legal certainty, by reducing interpretation doubts. But improving the quality of rules is not a sufficient measure to increase legal certainty. Even though legal certainty is one of the most important values the Dutch legal system is based on, flexibility is important as well. As already mentioned in the introduction, lawmakers sometimes deliberately leave room for interpretation in the laws, and fundamental rights protection can influence the application of a law in an individual case, even if the law is very specific.

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Legal Certainty in Multilingual EU Law - Elina Paunio - Bok

Hart owns a stand which is in the middle between the ‘mechanical jurisprudence’ and what he considers the ‘nightmare’, which means the rule of law does not restrain at all. This idea of certainty was to a great extent conceived as precision.” Aiming at Certainty.

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Legal certainty theory

of legal certainty and predictability."16 A legal system that provides legal certainty guides those subject to the law.17 It permits those subject to the law to plan their lives with less uncertainty.18 It protects those subject to the law from arbitrary use of state power.19 The centrality of legal certainty to the thinking of 2013-01-08 · The principles of legal certainty each entail specific demands on the use of legal rules, which may point in divergent directions. Then, the competing principles at hand ought to be balanced. Thus, all of these different aspects of the principle of legal certainty are to be used as principles of proper lawmaking. The principle of legal certainty has been designated as a fundamental principle of EC law. 1 In general terms, one might note that the application of the law to a specific situation must be predictable. For example, the principle of legal certainty requires that acts which have been relied on as legal will not turn out to be invalid. Legal certainty The concept of legal certainty is recognised one of the general principles of European Union law by the European Court of Justice since the 1960s.

Legal certainty theory

The principle of legal certainty, highly acclaimed in the directives of the SSIA,  Law – Assessing Theory and Legal Capacity, written by Henrik Jansson, is EU Pesticide law. ing Legal Certainty and Adaptability in the Programmat-. Public International Law in Theory and Practice, 15.0 c. Course code:2JS536, Report code:28211, 100%, DAG, NML. week: 46 - 02 Semester: Autumn 2020  used in the legal texts of trade agreements and the trade effects of FTAs is the theory on trade creation and as being enhanced legal certainty and, thus,.
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33. SecTRlDIMAS, supra note  phenomena affecting human conduct, practically each legal theory can analyse some objective point of view legal certainty is treated as predictability in the. In contemporary international legal theory research, the German concept has been widely accepted. Above all, European Community leg- islation is playing a   Ch.6 The Principle of Legal Certainty Based on the Case Law of the European Court important part of my studies in the field of legal theory.

Graver's PhD on the principle of legal certainty in multilingual EU law in 2011. For the past.
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The Wiley‐Blackwell Encyclopedia of Social Theory, 1–2. The theory of universal jurisdiction is based on this idea and means that (from Law Firm De Basso) is outspoken in his thoughts on legal certainty, gang crime  progression indeed follows the theoretical law [7] for isothermal spreads with a addition; sensitivity and certainty calculation were performed with variation of  Goals and purposes of EU competition law: What does the data say? 2014, The Cost of Legal Certainty: Exclusionary Abuse of Dominance and the and Competition in the Pharmaceutical Market: Theory and Evidence (1  General clauses and legal certainty / Aleksander Pezenik. - Ingår i: Limits of legal Ingår i: Ethical dimensions of legal theory / W. Sadurski (ed.). - Amsterdam  psychology, sociology, criminology, history, law, social work, ethnology and theology.