The Swedish tax procedure in view of the principle "Ne bis in idem" : Does the legislation provide sufficient predictability and legal certainty? Ericson, Robert

Mar 1, 2010 Certainty, in terms of predictability of results, is necessary to view law-making institutions as legitimate sources of authority.2 Lawyers should be.

However, there are situations where the law itself is clear, but a citizen is misled, e.g. by a public authority, about its content or effect. The citizen may B. THE MEANING OF LEGAL CERTAINTY (1) Predictability and consistency It is often said that business activity is facilitated by legal certainty.1 This implies that the law should be predictable and should treat similar cases consistently.2 Predictability allows those subject to the law to judge the law’s reaction to their There is an irony though, relating to legal certainty, which is that, whilst commercial dealings benefit from the certainty and predictability which clear and fixed prescriptive rules can bring, rules that are too inflexible or too prescriptive can themselves impede the evolution of market practices and the growth of economic activity. Legal certainty is one of the most important tools in this competition.

Legal certainty and predictability

In the common law tradition, legal certainty is often in between. b) legal certainty is one factor of economic appeal. Companies' needs for stability and predictability are greater at a time when the globalisation of. Apr 23, 2020 Abstract: Abstract Legal certainty, a feature of the rule of law, Legal certainty; Judicial reasoning; Predictability (search for similar items in This chapter focuses on the possibility of the approach proposed in previous chapters to generate certain and predictable rules. It starts by demonstrating Instead of the usual apologetic treatment found in legal doctrine, linked to the determinacy, immutability or predictability of norms, this book treats legal certainty This produces one kind of very strong predictability in the law. If you know which judges you will and will not get, you can predict the outcome of your case with a Oct 3, 2016 In the civil law tradition, legal certainty is defined in terms of maximum predictability of officials' behaviour. In the common law tradition, legal In legal argumentation, appeals to certainty and predictability have enormous rhetorical power.

Furthermore, legal certainty and predictability requires clarity in the law applicable in WTO dispute settlement, in particular as regards non-WTO law. It will be shown that apart from peremptory If a result is predictable, settlement is easier: there’s little point in continuing to litigate on either side, because additional money spent on lawyers cannot change the result.

av J Tickner · 2016 · Citerat av 12 — Such a limited review is consistent with legal requirements and justified further as it working on increasing transparency and predictability of actions on substances of sunset date; legal certainty (e.g., SVHC list); more globally harmonized

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Jan 25, 2012 The term rule of law refers to a principle of governance in which all legal certainty, avoidance of arbitrariness and procedural and legal

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The country has 909 district and appellate courts, nearly SPH and AmCham Peru express concern about risks to the www.bnamericas.com/en/news/sph-and-amcham-peru-express-concern-about-risks-to-the-predictability-and-legal-certainty-of-investments act in a predictable manner. Government decisions have in some cases been challenged in court on the basis of a breach of the principle of legal certainty. Predictability of law protects those subject to the law from arbitrary state interference with their lives.
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There is a sense of security in this element of judicial precedence because once a legal rule has been established it is binding and cannot changed by a later or lower court, individuals can therefore adjust their behavior with regard to the legal rule. Advantages (binding precedent) - Certainty, predictability, equality, conformity, convenience Offer legal certainty and precision It enables the citizen . . .

It seeks to safeguard fundamental legal principles, but also to adapt to changing Member States and ensure adequate solutions for citizens in terms of legal certainty, predictability and flexibility and prevent a 'rush to court.
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of transparency and legal security. In addition, we call on should establish a clearer and more predictable regulatory environment favourable to investments investment strategies, legal certainty is of particular importance.

the principle of legal certainty as a fundamental element of the formal concept of the rule of law marzena kordela* 1. formal and substantive formulation of legal Legal Certainty and Predictability at Common Law (La Securite Juridique en Common Law) SECURITE JURIDIQUE ET DROIT ECONOMIQUE, L. Boy, Fr. Siriainen, & J-B. Racine, eds., De Boeck/Larcier, Belgium, pp. 85-133, 2008 The theme is a translation of a previous work written in French on the French concept of "securite juridique" as viewed in the Common Law world Keywords: Legal systems, comparative law, predictability, certainty The literal and anti-literal interpretation of case law can in turn be linked to the interpretation of the principle of legal certainty, namely to the requirements of predictability and acceptability. The principle of legal certainty entails a relative certainty of the law in terms of predictability for those subjected to the law to foresee the applicable law to their actions.