The Principle of Legal Security in the European Context

Authors

  • Mihaela Rotaru "Alexandru Ioan Cuza" Police Academy Author

Keywords:

principle; legal security; legal norms

Abstract

The principle of legal security is fundamental in any society. Respecting it also ensures respect for the fundamental rights and freedoms of each person, both at the national and international level. Consequently, the lack of predictability of legal rules can affect the principle in question. Change is also needed in the legislative field, but this change must be in accordance with the evolution of society, in order to ensure the protection of social values. One should not lose sight of the obligation of each member state of the European Union to transpose the directives into national legislation, notifying therefore the Commission. Member States are free to choose their own way of indicating the transposed provisions.

References

Government emergency ordinance no. 18/2016 for the amendment and completion of Law no. 286/2009 regarding the Criminal Code, Law no. 135/2010 regarding the Code of Criminal Procedure, as well as for completing art. 31 para. (1) from Law no. 304/2004 regarding judicial organization

Ion Predescu, Marieta Safta, The principle of legal security, foundation of the rule of law. Jurisprudential landmarks

Ionuț-Andrei Barbu, Mihaela Rotaru, Impact of Recent Legislative Changes on Crimes Against the Person, in the Journal of Criminal Sciences of the Police Academy, “Alexandru Ioan Cuza” no. 1/2023

Law no. 122/2024 for the introduction, modification or completion of the mention regarding the transposition of the European Union norms in some normative acts, as well as for the modification and completion of Law no. 302/2004 on international judicial cooperation in criminal matters and Law no. 135/2010 regarding the Criminal Procedure Code

Law no. 135/2010 regarding the Criminal Procedure Code

Law no. 207/2021 for the amendment and completion of Law no. 286/2009 on the Criminal Code, as well as for the disposition of measures to transpose Directive (EU) 2019/713 of the European Parliament and of the Council of April 17, 2019 on combating fraud and counterfeiting in relation to non-cash and replacement means of payment of the Council's Framework Decision 2001/413/JHA

Law no. 24/2000 on legislative technical norms for the elaboration of normative acts

Law no. 286/2009 regarding the Criminal Code

The Decree no. 2019-507 of May 24, 2019 for the application of the criminal provisions of Law no. 2019-222 of March 23, 2019 on the 2018-2022 programming and justice reform regarding the digital procedure, criminal investigations and prosecutions

The Decree no. 2021-682 of May 27, 2021 regarding the regulatory part of the Juvenile Criminal Justice Code

The Decree no. 2021-683 of May 27, 2021 regarding the regulatory part of the Juvenile Criminal Justice Code

The Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019 on combating fraud and counterfeiting in relation to non-cash means of payment and replacing Framework Decision 2001/413/JHA of the Council

The Directive 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural guarantees for children who are suspected or accused persons in criminal proceedings

The French Code of Criminal Procedure

The French Code of Juvenile Criminal Justice

The French Criminal Code

The German Criminal Code

The German Criminal Procedure Code

The Joint Political Declaration of 28 September 2011 of the Member States and the Commission on explanatory documents

The Romanian Constitution

The Youth Courts Act

www.ccr.ro

www.cdep.ro

www.eur-lex.europa.eu

www.gesetze-im-internet.de

www.legifrance.gouv.fr

Downloads

Published

2024-06-30

Issue

Section

Criminal Law

How to Cite

The Principle of Legal Security in the European Context. (2024). The Criminal Sciences Journal, 2(1), 77-83. https://tcsj.academiadepolitie.ro/journal/article/view/26

Most read articles by the same author(s)