The principle of legal certainty is one of the general principles of Union law1. It requires that the effects of a statutory provision be clear and predictable for those subject to it.2 It also requires that EU law allow data subjects to be informed of the precise scope of the obligations imposed on them3. It is therefore necessary that Union law be published in an appropriate and timely manner4. In particular, legal certainty examines the evolution of the importance of legal certainty both in the context of criminal and civil law and national and transnational law. The doctrine of legitimate expectations states that “those who act in good faith on the basis of the law as it is or appears to be should not be disappointed in their expectations”. [5] This means that once an EU institution has induced a party to take a particular action, it cannot depart from its previous position if this would result in the loss of that party. The Court of Justice of the European Communities has considered the doctrine of the protection of legitimate expectations in cases where breaches of the general principle of legal certainty have been alleged in numerous cases relating to agricultural policy and European Council regulations, the leading case being Mulder v. Minister van Landbouw en Visserij. [8] [7] The legal system must enable individuals to regulate their conduct with certainty and protect those subject to the law from arbitrary use of state power. Legal certainty is a requirement that decisions must be taken in accordance with legal rules, i.e. they are lawful.

In national case-law, the concept of legal certainty may be closely linked to that of individual autonomy. The degree of legal transposition of the concept of legal certainty depends on national case-law. However, legal certainty often serves as a central principle for the development of legal methods by which justice is done, interpreted and applied. [1] US law formulates the principle of legal certainty as a fair warning and the principle of nullity as vagueness. [11] Legal certainty is mentioned in Halsbury`s Laws of England 8. However, the vague definition of “laws” in the draft constitution is a worrying sign for the future of the republic in Cuba. According to the glossary, while the term “law” literally refers to normative provisions approved by the National Assembly of People`s Power, “it is also designed in the text to designate any type of norm, regardless of the organ that issues it.” In other words, laws can refer to any legal norm, including decisions of administrative officials or presidential decrees – two authorities that are not directly elected by the people. In this sense, the draft perpetuates undesirable state practices that have been in force since the 1959 revolution, such as the restriction of constitutional rights by norms not approved by the National Assembly, disorganization and arbitrariness within the legal system, and the distance between the laws themselves and the way they are applied. This book brings together in an anthology the research findings of various areas of civil and criminal law that have a common interest in understanding the complex challenges of defining legal certainty in a late modern society. The book will be of interest to lawyers interested in understanding the transformation of the fundamental values of the rule of law in the context of current social changes, as well as political scientists and social theorists.

295. Protection of legitimate expectations. The principle of the protection of legitimate expectations is one of the general principles of EU law1. It was originally developed in the context of the annulment of administrative decisions2. The principle of the protection of legitimate expectations is the logical consequence of the principle of legal certainty3, which requires clear and precise rules of law and aims to ensure that the facts and legal relationships governed by Union law remain foreseeable4. The Court of Justice of the European Communities (`the CJEU`) has recognised that a breach of this principle constitutes a legitimate ground for judicial review under Article 263 of the The 12th transitional provision is an important example of the urgency of such reviews. This provision authorizes the Council of Ministers or its Executive Committee to transfer indefinitely all rights of usufruct to public property (i.e. “socialist property of all men”, Article 23) virtually without restriction “until the legal provision has been made”. Until another law is passed to regulate it, this opens up not only the possibility of concentrating state powers, but also the transfer and accumulation of power and wealth to the private and foreign sectors.

Read the last 496 press articles on legal certainty Some authors have described this as a form of “unconstitutionality by legislative omission” and have stressed the need to design “legal reserves” (reservas de ley) to prevent this. In any case, the absence of these laws shows that the National Assembly has never assumed the political centrality that it should have as the legislative body of Cuba. These powers were exercised permanently by the Council of State and its President. State officials, in view of the lack of clarity in the Constitution, have argued that the Constitution cannot regulate everything; It should focus only on the minimum necessary (i.e., that this constitution is a “standard of minimum requirements”). However, a constituent process is not about the extent to which the social world can be regulated by law, but people decide how insecure our republic can allow.