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.
Read more about this topic: Legal Certainty
Famous quotes containing the word europe:
“I believe that the fundamental proposition is that we must recognize that the hostilities in Europe, in Africa, and in Asia are all parts of a single world conflict. We must, consequently, recognize that our interests are menaced both in Europe and in the Far East.”
—Franklin D. Roosevelt (1882–1945)
“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)
“Well then! Wagner was a revolutionary—he fled the Germans.... As an artist one has no home in Europe outside Paris: the délicatesse in all five artistic senses that is presupposed by Wagner’s art, the fingers for nuances, the psychological morbidity are found only in Paris. Nowhere else is this passion in questions of form to be found, this seriousness in mise en scène—which is Parisian seriousness par excellence.”
—Friedrich Nietzsche (1844–1900)