Europe
European nations regard legal certainty as a fundamental quality of the legal system and a guiding requirement for the rule of law. The concept can be traced through English common law and is recognised in all European legal systems. The concept is recognised in Germany as Rechtssicherheit, in France as sécurité juridique, in Spain as seguridad juridica, in Italy as certezza del diritto, in the Benelux countries as rechtszekerheid, in Sweden as Rättssäkerhet, in Poland as do obowiazujacego prawa, and in Finland as oikeusvarmuuden periaate. Legal certainty is now recognised as one of the general principles of European community law and "requires that all law be sufficiently precise to allow the person - if need be, with appropriate advice - to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail". The principle of legal certainty, and as such the rule of law, requires that:
- laws and decisions must be made public
- laws and decisions must be definite and clear
- the decisions of courts must be regarded as binding
- the retroactivity of laws and decisions must be limited
- legitimate interests and expectations must be protected.
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Famous quotes containing the word europe:
“That land is like an Eagle, whose young gaze
Feeds on the noontide beam, whose golden plume
Floats moveless on the storm, and in the blaze
Of sunrise gleams when Earth is wrapped in gloom;
An epitaph of glory for the tomb
Of murdered Europe may thy fame be made,
Great People! as the sands shalt thou become;
Thy growth is swift as morn, when night must fade;
The multitudinous Earth shall sleep beneath thy shade.”
—Percy Bysshe Shelley (1792–1822)
“In Europe art has to a large degree taken the place of religion. In America it seems rather to be science.”
—Johan Huizinga (1872–1945)
“What passes for identity in America is a series of myths about one’s heroic ancestors. It’s astounding to me, for example, that so many people really seem to believe that the country was founded by a band of heroes who wanted to be free. That happens not to be true. What happened was that some people left Europe because they couldn’t stay there any longer and had to go someplace else to make it. They were hungry, they were poor, they were convicts.”
—James Baldwin (1924–1987)