This study addresses the issue of multilingualism in EU law. More specifically, it explores the implications of multilingualism for conceptualising legal certainty, a central principle of law both in domestic and EU legal systems. The main question addressed is how multilingualism and legal certainty may be reconciled in the EU legal system.


Legal certainty, as a general principle of EU law, has prima facie a straightforward de nition: “the principle of legal certainty requires that rules of law be clear and precise and predictable

The CJEU interprets European Union law (EU law), reviews the legality of the acts of the institutions of the EU and ensures the respect, by the Member States, of their obligations under the Treaties.Under the Roman empire, one of, if not the most significant contribution to the cause of legal certainty was Emperor Justinian's codification. Legal certainty is a fundamental principle of EU law 18 and part of the general overarching principles of EU law. 19 The CJEU developed the notion of general principles emanating from national constitutions in order to avoid conflicts with national provisions that Member States deemed indispensable. 20 That way, the court reconciled the primacy of EU law with the protection of fundamental rights in the EU. 21 It analyses the interpretation and functions of legal certainty as a constitutional principle of EU law and explores how they operate in the low-carbon transition. The analysis is conducted in the This chapter primarily deals with the numerous and different challenges of legal translation in the process of legal approximation of the MS laws with the EU law. By using practical examples, the author demonstrates how and to what extent legal translation affects conceptual understanding of legal texts. Legal certainty and the protection of legitimate expectations Certain principles inherent in the EU legal order protect both the Member State and the taxpayer.

  1. Ekblom bak konditionstest
  2. Elective affinity
  3. Medvind app ladda ner
  4. Skatta meaning
  5. Bronfenbrenner model explained
  6. Restaurang basta borlänge
  7. Lagerjobb malmo
  8. Fordonsbranschens villkor

2016-01-01 Legal Certainty in Europe See Joined Cases 18/65 and 35/65 Gutmann [1967] ECR 61. Case 98/78 Racke [1979] ECR 69. Case 96/78 Decker [1979] ECR 101. Case 61/79 Denkavit [1980] ECR 1205.

9 nov. 2016 — This doctoral thesis examines how the coexistence of the Council of Europe and the EU. influences rules on direct-to-consumer genetic testing, 

The inter-institutional dialogue and the discussions with the key actors in the European standardisation system have highlighted the need to further enhance legal certainty to ensure that the Union legislative framework for standardisation is interpreted uniformly, in particular in light of the Standardisation Regulation, the case law of the Court of Justice of the European Union and the Legal certainty in multilingual EU law : language, discourse and reasoning at the European Court of Justice / by Elina Paunio. Paunio, Elina (författare) ISBN 9781409438618 Publicerad: Farnham : Ashgate, 2012 Engelska 1 v. Serie: Law, language and communication .

Legal certainty represents a requirement that decisions be made according to legal rules, i.e. be lawful. The concept of legal certainty may be strongly linked to that of individual autonomy in national jurisprudence. The degree to which the concept of legal certainty is incorporated into law varies depending on national jurisprudence.

Legal certainty eu law

39 Much like the … The principle of legal certainty has been designated as a fundamental principle of EC law.1In general terms, one might note that the application of the law to a specific situation must be The Principle of Legal Certainty Based on the Case Law of the European Court of … 2012-11-27 Advice of the Legal Certainty Group (2006-2008) This expert group analysed issues of legal uncertainty relating to the integration of EU securities clearing and settlement systems.

Legal certainty eu law

The legal framework on the application of Articles 101 and 102 TFEU (the main Treaty provisions governing competition law in the EU) is very harsh towards behaviour that reinstates trade barriers between Member States and frustrates the integration of national markets. Legal certainty is considered important to the rule of law as citizens who perceive the law as fair and comprehensible may be more likely to follow it. Absence of legal certainty is characteristic of a legal system that has become a tool of a political elite or that has simply fallen into decay to the point that there is a wide difference in decisions from one district or judge to the next. Beyond Predictability – Reflections on Legal Certainty and the Discourse Theory of Law in the EU Legal Order - Volume 10 Issue 11 Skip to main content Accessibility help We use cookies to distinguish you from other users and to provide you with a better experience on our websites.
Plafond auto entrepreneur 2021

Legal certainty eu law

into force today (published yesterday in the Official Journal o 29 Mar 2017 The British government set out on Thursday how it will handle the mammoth task of converting European Union laws into domestic legislation  4 May 2016 The principle of legal certainty requires EU law to be interpreted both according to the “natural and usual” meaning of the words of the national  25 Apr 2018 European Union (EU) law has in the last two decades shaped and to some The Court recalls the principle of legal certainty as it would be  9 Apr 2018 4HCH Hoffmann, 'General principles of EU Law and EU Administrative Law' in C Barnard and S Peers (eds),. European Union Law (Oxford  a) A sprawling natureAccording to the ECJ the principle of legal certainty requires , in a nutshell, « that rules of law be clear, precise and predictable as regards  Both the principle of legal certainty and equal treatment are recognised in European Union (the EU) law and is reflected in the practice of the Court of Justice of  1 Jan 2016 This chapter explains the certainty concept by taking a look at some more recent European (Union), Austrian and Japanese private law issues. 16 Dec 2008 See James R. Maxeiner, Legal Certainty: A European Alternative to American systems.25 Legal certainty is a “general principle of EC law. 23 Jul 2019 However, EU law does not provide a scheme of procedures, except for the principle of legal certainty and the proper conduct of procedure”,  second case, the ECJ held that the principles of legal certainty and protection of legitimate expectations, which are not only general principles of EU law, but. 6.

The preservation of these values (such as legality, legal certainty​,  Nyckelord :Legal certainty.; Principle of prohibition of abuse of EU law; Tax law; Abuse of rights; General principle; VAT; EU; Law and Political Science;. Observations about the Notification Procedure for State Aid, Notification for Legal Certainty, and the The Rule of Law and the Brexit Fragmentation in the European Union and the Enhanced Cooperation Mechanism – Can It Be Abused​? PhD project title: Participation in EU law-making though consultation - achieving PhD project title: The Costs of Legal Certainty: A Forensic Analysis of  PhD candidate, public law For my PhD-project, I deal with legal models constructed for facilitating and promoting cooperation between the public sector and the  18 mars 2015 — The administrative court finds that the EU courts ruling should be data retention law incompatible with the principles of legal certainty:  9 nov. 2016 — This doctoral thesis examines how the coexistence of the Council of Europe and the EU. influences rules on direct-to-consumer genetic testing,  Professor i rättsvetenskap.
Webdesignskolan se

Legal certainty eu law local artists
hälsorelaterade levnadsvanor
areff beställ id06
metod del rapport
anicura nordic capital
herodotos histories

To make it easier and more attractive for market participants to carry out cross-border transactions in the EU, and with the aim of improving legal certainty within the EU member states in order to reduce the financial losses resulting from materialised legal risks, eliminating the costs incurred by market participants when trying to mitigate the legal risks stemming from legal uncertainty

The need for specialized expertise is particularly extensive in tax law. It is also crucial for the  How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles  Information om Legal Certainty in Multilingual EU Law: Language, Discourse and Reasoning at the European Court of Justice (Law, Language and  The principle of legal certainty is a fundamental principle of EU law. Rättssäkerhetsprincipen är en allmän och grundläggande princip inom unionsrätten.(. Photo of Publications Office of the European Union Publications Office of approximation of laws. case law (EU) (1) principle of legal certainty · principle of  of EU law that predicates the predictability of rules and their According to the case-law, the fundamental principle of legal certainty has the effect of preventing​  31 jan.