Conceptual Landmarks Regarding The Principle Of Legal Certainty From The Perspective Of European Private International Law

Abstract

The general principles of European law are those unwritten rules of the European Union, originated from the Court of Justice's interpretation of treaties and other European legislation. An essential element of European private international law and a crucial component of the EU's legal framework is the idea of legal certainty. The concept in question pertains to the imperative of guaranteeing the stability and predictability of legal interactions across borders, particularly with regard to ascertaining the relevant legal framework in cases involving extraneous elements.

The principle of legal certainty requires that parties involved in a law dispute must have clear and foreseeable knowledge of the law, which governs their legal relationship between them. This means that the judges have to ensure that the law is applied in alike circumstances to all the people. To set the determining criterion of the applicable law in a case with relation to an extraneousness issue, it is also important to define the connecting or linking factors between different legal systems involved. These criteria can be diversified, i.e., nationality of the parties, their domicile, the place of the legal fact did happen or the law chosen by the parties.

Withstanding the legal certainty principle meant that the rights of the parties were to be respected and protected in line with the standards of Europe and the international community. The measures may include providing for justice and fair trial, respecting the right to a fair trial and protecting rights of the minority communities and other vulnerable groups.

This article examines the complex relationship between the laws of different Member States or between European Union law and national law, with legal certainty requiring a sufficient degree of predictability and also safeguards against arbitrariness within the legal system.