The principle of legal certainty is becoming popular as a legal tool to fight uncertainty in the legal order. At the same time the very fundaments of the principle are at issue. The transformation
Legal Certainty and Predictability at Common Law (La Securite Juridique en Common Law) SECURITE JURIDIQUE ET DROIT ECONOMIQUE, L. Boy, Fr. Siriainen, & J-B. Racine, eds., De Boeck/Larcier, Belgium, pp. 85-133, 2008
Refugee Law Initiative, Human Rights Consortium, School of Advanced Study, on the same material as this would jeopardise the predictability of decision making, country guidance, asylum, legal culture, legal certainty, Sweden, United regard to expected effects as well as predictability and as such lacks the minimum require- ments for legal certainty. SSA, however, also wishes to add some predictability in an FTA normally also benefits third countries. used in the legal texts of trade agreements and as being enhanced legal certainty and, thus,. that all businesses enjoy a level-playing field, legal certainty and minimal steady, clear and predictable tax environment for businesses. The Board have introduced these changes and new body to increase legal certainty, predictability and effectiveness in all complaint and At the moment it is still unclear what exactly will change with respect to contracts, but it is to be expected that uniformity, predictability and (legal) certainty will be of transparency and legal security. In addition, we call on should establish a clearer and more predictable regulatory environment favourable to investments investment strategies, legal certainty is of particular importance.
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This Article argues that their use outstrips their legitimate role in legal certainty; prevention of abuse of powers; equality before the law and in this field – and beyond15 – have to be, inter alia, clear and predictable, and. Jul 8, 2005 In the law, predictability is usually important. People need to know the rules, and they cannot plan their lives unless they know the law in Nov 4, 2020 Navigating Through Uncertain Waters—The. Importance of Legal Certainty, Predictability, and Transparency in Future Antitrust. Enforcement. What is the relation between legal certainty and correctness? This question poses one of the perpetual problems of the theory and practice of law—and for this In turn, our client was able to use these reports to make informed decisions about scope to help them manage and ultimately lower their legal fees.
1 Nov 2018 Certainty and predictable coherence is a basal feature of a mature and civilised legal system. Stability and coherence are part of human needs. In
legal framework in the area of the law applicable to divorce and legal separation in the participating Member States, provide citizens with appropriate outcomes in terms of legal certainty, predictability and flexibility, and prevent a situation from arising where one of the spouses applies for divorce before the other one 2021-04-21 · The doctrine of judicial precedent seeks to provide consistency and predictability in law by virtue of the application of the principle of …show more content… Obiter dictums are not binding as they do not speak directly to the matter before the court, they do however still prove useful in legal practice as they can be used as persuasive authority. On the principle of legal certainty in the EU judicial cooperation in civil matters, cf. C. Otero García-Castrillón, Legal Certainty and Predictability in the EUPILLAR Project's Regulations: An Assessment, in P. Beaumont, M. Danov, K. Trimmings, B. Yüksel (eds), Cross-Border Litigation in Europe, Cambridge: Hart Publishing, 2017, p.
2020-07-30 · Legal certainty means that the law must provide a clear framework to regulate the conduct of people and businesses and ensure that decisions are taken in accordance with the law. In other words, legal certainty is the foundation for European trademark users to have confidence in the sound, predictable and fair administration of the EUIPO.
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Government decisions have in some cases been challenged in court on the basis of a breach of the principle of legal certainty. Predictability of law protects those subject to the law from arbitrary state interference with their lives. Legal certainty enables people to plan their future. Retroactive
Considerations such as consistent application and legal certainty for companies and predictable enforcement of the EC competition rules in the coming years. 2 Mar 2021 In theory, law sets out predictable rules for people to structure their life accordingly.
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Rules and Principles: A Theory of Legal Certainty 59 predictable by features of
17 Aug 2016 definition of legal certainty refers to its pragmatic application of the law, which underlines a guiding principle to secure the predictability of
In the civil law tradition, legal certainty is defined in terms of maximum predictability of officials' behaviour.
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大量翻译例句关于"legal certainty and predictability" – 英中词典以及8百万条中文 译文例句搜索。
Research and development phase for 2016: After proposing a definition of legal certainty based on three essential elements: an accessible law (contained in a compendium published, comprehensive and validated), a predictable For reasons of legal certainty and the predictability of judicial decisions, it is inconceivable that one and the same rule should [] be interpreted differently depending on whether it provides for civil-law remedies or imposes criminal penalties. Muchos ejemplos de oraciones traducidas contienen “legal certainty and predictability for citizens.” – Diccionario español-inglés y buscador de traducciones en español. In order to ensure clarity, long-term economic predictability and legal certainty for economic operators, the parties have agreed [] to consolidate into the TDCA the remaining tariff preferences granted to South Africa on automotive products, by the Community scheme of generalised tariff preferences (GSP) and not yet provided for by the Community tariff concessions listed in Annex II, List 4 to the TDCA. Legal certainty and predictability characteristic of the juristic version of the rule of law versus “transitory justice” As it is also observed, the break with communism and the building of new regimes has become to an important extent a legal problem; and the East European transitions took a legal and often also a constitutional form (Arato and Sajo 1991, 101; Kiraly 1995; Solyom 2003 Countries can be assigned to three groups: those where legal certainty is high, those where legal certainty could be increased, and those somewhere in between.
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For reasons of legal certainty and the predictability of judicial decisions, it is inconceivable that one and the same rule should [] be interpreted differently depending on whether it provides for civil-law remedies or imposes criminal penalties.
(1) Predictability and consistency. (2) Rules, principles and standards. (3) Certainty and rule types. The paper examines legal certainty and predictability in the context of the youngest field of EU private international law–succession law. The author looks at the extent to which the provisions of the EU Succession Regulation provide for legal certainty and predictability in enabling EU citizens to plan their international estates in advance. Formal legal certainty implies that laws and, in particular, adjudication must be predictable: laws must satisfy requirements of clarity, stability, and intelligibility so that those concerned can with relative accuracy calculate the legal consequences of their actions as well as the outcome of legal proceedings.