EIRP Proceedings, Vol 15, No 1 (2020)

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.