EIRP Proceedings, Vol 15, No 1 (2020)

Some Case Studies Regarding the Application of the Principle of Legal Security in the Jurisprudence of the Constitutional Court of Romania

Emilian Ciongaru

Abstract


The term legal security, in a doctrinal interpretation, evokes specialist common terms, thus: the retroactivity of the law, the appearance of legality, the appearance of the law, the applicability of the law, the predictability of the law, the legality of incrimination and penalty, legislative inflation, legal acculturation or even the obscurity of the texts of legal rules. A basic feature of the principle of legal security is that the existing legal rules must be predictable, known and understood and that the corresponding legal solutions remain relatively stable and unequivocal. Clarity and sobriety of the legal rule requires that that the text of the law must be formulated clearly, soberly, fluently and intelligibly without syntactical difficulties and obscure or ambiguous passages, and the shape and the aesthetics of expression must not prejudice the legal style, precision and clarity of the provisions of the legal rule. Another essential characteristic of the principle of legal security is that the existing legal rules must be predictable, known and understood and that the corresponding legal solutions remain relatively stable and unambiguous.

References



Full Text: PDF

Refbacks

  • There are currently no refbacks.
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.