Gränsöverskridande arvskiften : En analys av domsrätts- och

Social Law Karlstad University

By using practical examples, the author demonstrates how and to what extent legal translation affects conceptual understanding of legal texts. Mistranslations of the EU acquis into different MS languages, problems with translation “The law must be accessible and so far as possible intelligible, clear and predictable”. These are characteristics which are the essence of certainty. They link with his second element: “Questions of legal right and liability should ordinarily be resolved by the application of the law and not the exercise of discretion”. legal certainty and legitimate expectations of individuals. However, further steps of the Court of Justice in establishing and developing the doctrine of the indirect effect of EU directives gives rise to new discussions.

Legal certainty eu law

case law (EU) (1) principle of legal certainty · principle of of EU law that predicates the predictability of rules and their According to the case-law, the fundamental principle of legal certainty has the effect of preventing 31 jan. 2016 — Market Failure and EU Competition Law. Diarenummer (dnr): 316/2012. Namn och institution på personer som beviljas forskningsbidrag 24 sep. 2020 — The Commission intends to build upon existing rules. It notes that some crypto assets fall under existing laws, but that those laws predate Visar resultat 1 - 5 av 28 avhandlingar innehållade orden legal certainty. Under Swedish law, the courts must clearly, independently of the parties' legal arguments, Internationell rättslig hjälp i brottmål inom EU : Effektivitet v.

GDPR at one: Legal certainty still eludes EU privacy law — All

legal certainty and legitimate expectations of individuals. However, further steps of the Court of Justice in establishing and developing the doctrine of the indirect effect of EU directives gives rise to new discussions.

Forskningsprojekt - Institutet för Europeisk rätt

In the light of recent case law delivered. eur-lex.europa.eu.

Beyond Predictability – Reflections on Legal Certainty and the Discourse Theory of Law in the EU Legal Order - Volume 10 Issue 11 Skip to main content Accessibility help We use cookies to distinguish you from other users and to provide you with a better experience on our websites. 11 Legal certainty is also a principle of EU law (see, e.g., T. Tridimas, The General Principles of EU Law , 2nd ed.
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Advice of the Legal Certainty Group (2006-2008) This expert group analysed issues of legal uncertainty relating to the integration of EU securities clearing and settlement systems. It was chaired by the Commission and composed of around 30 legal experts from academia, the public and the private sectors.

• All subsequent law must have a legal basis derived from the Treaties. • ^ (Must fulfil objectives of the treaties.) • Are the legal foundation of all EU law. • As European Law is not static, it goes through periods of significant transformation which can be seen in the amendments of treaties and creation of new treaties.
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The General Principles of EU Law NY UPPLAGA av Tridimas

This is followed by differentiation of other types of case where legal certainty and legitimate expectations are utilized and the rationale for affording legal protection. To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at … Legal certainty is the principle that a legal system be predictable and transparent. It is considered a protection that guarantees that the law will not be used in an arbitrary way. Legal certainty is considered important to the rule of law as citizens who perceive the law as fair and comprehensible may be more likely to follow it.