As a general principle in European Union law, it means that the law must be certain, in that it is clear and precise, and its legal implications foreseeable, especially when
applied to financial obligations.
 Europe Most European nations regard legal certainty as a fundamental quality of the legal system and a guiding requirement for the rule of law, although they have differing
meanings of the term.
Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct.
The adoption of laws which will have legal effect in the European Union must have a proper legal basis.
 Legal certainty is recognised as one of the general principles of European Union 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”.
In the common law tradition, legal certainty is often explained in terms of citizens’ ability to organise their affairs in such a way that does not break the law.
 The misuse of power test is another significant element of the general principle of legal certainty in European Union law.
However, legal certainty frequently serves as the central principle for the development of legal methods by which law is made, interpreted and applied.
 The doctrine of legitimate expectation, which has its roots in the principles of legal certainty and good faith, is also a central element of the general principle of
legal certainty in European Union law.
The concept can be traced through English common law in that system’s recognition that legal certainty requires that laws be made such that people can comply with them.
 The general principle of legal certainty is particularly stringently applied when European Union law imposes financial burdens on private parties.
 It is an important general principle of international law and public law, which predates European Union law.
 General principle of European Union law The concept of legal certainty has been recognised as one of the general principles of European Union law by the European Court
of Justice since the 1960s.
 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.
A rare instance where the European Court of Justice has held that a European Union institution has misused its powers, and therefore violated the general principle of legal
uncertainty, is Giuffrida v Commission.
[‘Maxeiner, James R. (Fall 2008). “Some realism about legal certainty in globalization of the rule of law”. Houston Journal of International law. Retrieved 29 May 2011.
2. ^ Claes, Erik; Devroe, Wouter; Keirsblick, Bert (2009). Facing the limits of
the law. Springer. pp. 92–93. ISBN 978-3-540-79855-2.
3. ^ Leawood, Heather (2000). “Gustav Radbruch: An Extraordinary Legal Philosopher”. Washington University Journal of Law & Policy. 2: 489.
4. ^ Jump up to:a b c d Chalmers, Damian (2006).
European Union law: text and materials. Cambridge University Press. p. 454. ISBN 978-0-521-52741-5.
5. ^ Jump up to:a b Kaczorowsky, Alina (2008). European Union law. Taylor & Francis. p. 232. ISBN 978-0-415-44797-3.
6. ^ Opel Austria v Council
 ECR II-39 Case T-115/94
7. ^ Jump up to:a b Chalmers, Damian (2006). European Union law: text and materials. Cambridge University Press. p. 455. ISBN 978-0-521-52741-5.
8. ^ Mulder v Minister van Landbouw en Visserij  ECR 2321 Case
9. ^ Giuffrida v Commission  ECR 1395 Case 105/75
10. ^ Chalmers, Damian (2006). European Union law: text and materials. Cambridge University Press. p. 456. ISBN 978-0-521-52741-5.
11. ^ Claes, Erik; Devroe, Wouter; Keirsblick,
Bert (2009). Facing the limits of the law. Springer. p. 93. ISBN 978-3-540-79855-2.
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