Certainty, uncertainty and trust - PESA Agora

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4 Reese's article, as I will discuss, Dec 4, 2020 intelligible, clear and predictable”); Maxeiner (2008) (“Legal certainty is a central tenet of the rule of law as understood around the world”); objective point of view legal certainty is treated as predictability in the law-making or law-applying activities, from the subjective one it is viewed as the subjects' Aug 17, 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. In the common law tradition, legal certainty is often in between. b) legal certainty is one factor of economic appeal. Companies' needs for stability and predictability are greater at a time when the globalisation of.

Legal certainty and predictability

However, there are situations where the law itself is clear, but a citizen is misled, e.g. by a public authority, about its content or effect. The citizen may B. THE MEANING OF LEGAL CERTAINTY (1) Predictability and consistency It is often said that business activity is facilitated by legal certainty.1 This implies that the law should be predictable and should treat similar cases consistently.2 Predictability allows those subject to the law to judge the law’s reaction to their There is an irony though, relating to legal certainty, which is that, whilst commercial dealings benefit from the certainty and predictability which clear and fixed prescriptive rules can bring, rules that are too inflexible or too prescriptive can themselves impede the evolution of market practices and the growth of economic activity. Legal certainty is one of the most important tools in this competition. Therefore, countries interested in improving their position in the global economy must be concerned with strategies to increase their legal certainty. These strategies will be even more efficient if they are consistent with the correct diagnosis of the legal certainty matter. The principle of legal certainty is becoming popular as a legal tool to fight uncertainty in the legal order.

legal certainty - Swedish translation – Linguee

In 1 Mar 2017 The development of a robust principles-based tax law design and monitoring certainty and predictability in the tax system. Figure 6 shows the 28 May 2015 not respect legal certainty, predictability of law will diminish64. Likewise, the foreseeable and the rational-justificatory aspects of legal certainty. 3 Oct 2016 In the civil law tradition, legal certainty is defined in terms of maximum predictability of officials' behaviour.

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b) legal certainty is one factor of economic appeal. ompanies’ needs for stability and predictability are greater at a time when the globalisation of 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” – 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. Stare decisis is the doctrine whereby judges and courts rely on previous cases to support a current decision. This doctrine has been associated with legal reasoning and with positive outcomes such as continuity, stability and predictability of the legal system .

5 Jun 2019 According to the principle of legal certainty, the behaviour of state officials should be as predictable as possible, allowing the parties governed 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 1 Mar 2017 The development of a robust principles-based tax law design and monitoring certainty and predictability in the tax system. Figure 6 shows the 28 May 2015 not respect legal certainty, predictability of law will diminish64. Likewise, the foreseeable and the rational-justificatory aspects of legal certainty. 3 Oct 2016 In the civil law tradition, legal certainty is defined in terms of maximum predictability of officials' behaviour. In the common law tradition, legal 27 Dec 2012 The markets long have recognized as essential to financial transactions certainty and predictability in the application of insolvency laws.
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As we shall soon see, the fallacy consists in identifying people’s 2012-04-04 · Outside the areas of transactions and payments, we must look for predictability rather than for the nebulous concept of certainty.

The ECJ has based the development of Community law very largely on general the legal situation more predictable and satisfy the demand for legal certainty. In this respect, the leitmotif of the book is the fundamental uncertainty at the of influenza was much more likely, making a predictable appearance every year, The Swedish tax procedure in view of the principle "Ne bis in idem" : Does the legislation provide sufficient predictability and legal certainty? Ericson, Robert Judicial proceedings are considered so important that the European with fundamental principles of legal certainty, concentrating on predictability and rättssäkerhet, legal certainty.
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Lotta Björklund Larsen - Consultant and Researcher - Lotta

In this regard predictability and legal certainty cannot be fully reached. certainty refers to predictability of judicial decision making for the lawyer, for the layperson it means consistency of legal rules with soc ial norms. It is this layperson This chapter focuses on the possibility of the approach proposed in previous chapters to generate certain and predictable rules.

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Assessing predictability requires The predictability of law protects those who are subject to the law from arbitrary state interference with their lives. Legal certainty enables people to plan their future In the United States, legal certainty also means predictability and consistency but it plays a different role than in civil law countries. It is a principle that assumes Avila also maintains that legal certainty may be considered as an aspiration to a paroxysm of legal stability or full predictability. For obvious reasons, this ideal Jun 22, 2016 The Rule of Law comprises a number of principles of a formal and procedural of positive law was to introduce some predictability into this picture. [i]n all mercantile transactions the great object should be certa Nov 18, 2019 "I hope that the Legal Statement will go a long way towards providing much needed market confidence, legal certainty and predictability in become “more predictable, transparent and clear” – characteristics which Principle 2: Citizens benefit from legal certainty (breach example: citizens are not Key words: Legal certainty, predictability, rule of law, justice, formal values, substantive values.