legitimate interests and expectations must be protected. The original Brussels regulation (44/2001) is with regard to jurisdiction rules very similar to the 2007 Lugano Convention, containing the same provisions with the same numbering. Numbering -and certain substantial issues- will be different when a recast version of the Regulation applies from 1 January 2015 (1215/2012). Gunnar Beck is a German academic, EU lawyer and Member of the European Parliament (MEP). [5], In European Union law the general principle of legal certainty prohibits Ex post facto laws, i.e. In this latter usage, the term is synonymous with "issue preclusion". In common law legal systems, precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. The European Court of Justice has considered the legitimate expectation doctrine in cases where violation of the general principle of legal certainty was alleged in numerous cases involving agricultural policy and European Council regulations, with the leading case being Mulder v Minister van Landbouw en Visserij. Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62 was a landmark case of the European Court of Justice which established that provisions of the Treaty Establishing the European Economic Community were capable of creating legal rights which could be enforced by both natural and legal persons before the courts of the Community's member states. [4] 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. 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. [4] It is an important general principle of international law and public law, which predates European Union law. The concept of legal certainty may be strongly linked to that of individual autonomy in national jurisprudence. [3] Today legal certainty is internationally recognised as a central requirement for the rule of law . At the G8 Foreign Ministers' Meeting in Potsdam in 2007, the G8 committed to the rule of law as a core principle entailing adherence to the principle of legal certainty.[1]. 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. Indicative of the Heidelberg school of neokantianism to which Radbruch subscribed was that it interpolated the value-related cultural studies between the explanatory sciences (being) and philosophical teachings of values (should). However, it also held that the right to strike could infringe a business's freedom of establishment under the Treaty on the Functioning of the European Union article 49. [4], The concept of legal certainty is recognised by the European Court of Human Rights. [9] [10] The general principle of legal certainty is particularly stringently applied when European Union law imposes financial burdens on private parties. Legislation in member states which implements European Union law must be worded so that it is clearly understandable by those who are subject to the law. Gerit Betlem, The Doctrine of Consistent Interpretation—Managing Legal Uncertainty. [8][7], The misuse of power test is another significant element of the general principle of legal certainty in European Union law. Radbruch’s formula, which is introduced to solve the case, relates to the values of law or the requirements of the legal system i.e. Legal certainty represents a requirement that decisions be made according to legal rules, i.e. In the civil law tradition, legal certainty is defined in terms of maximum predictability of officials' behaviour. It followed on from McPhail v Doulton, where the House of Lords affirmed that upholding the settlor's intentions was of paramount importance. The court's decision was considered problematic as it favoured the uniformity of application of the Brussels regime jurisdictional rules temporarily over party autonomy.

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