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2012 Acta U. Danubius Jur. 5 (2012)

handle is hein.journals/actdaj2012 and id is 1 raw text is: JURIDICA

Applying the Legal Security Principle in
Administrative Law
Vasilica NEGRUT'
Abstract: The objective of the paper is founded on a very current topic and of real interest. Using
content analysis, through a descriptive study research, this study aims at identifying the content of the
legal security principle and the way in which the courts in Romania, the public authorities achieve a
proper application of this European principle. For this purpose. it was achieved an analysis of specific
objectives aiming at, in particular, the requirements of legal security principle and the way in which
they manifest in the national law. We appreciate that, although it does not beneficiate of an express
assignment in the Romanian legislation, being a creation of jurisprudence, the legal security principle
is in the current context, a fundamental principle of state law, which should give every citizen the
opportunity to evolve into a secured, predictable legal environment.
Keywords: clarity; European Law; jurisprudence; principle; legal security
I. The concerns of ensuring a legal security in Romania have increased with the
rise of law complexity, which is determined mainly by developing new sources of
law, particularly the European and the international ones.
Having no express assignment in the Romanian legislation, being a creation of
jurisprudence, the legal security principle is in the current context, a fundamental
principle of state law, an assessed state, as described in the specialized literature,
depending on the quality of its laws. (Popescu, Ciora, & Tinddreanu, 2008, p. 7)
According to article I line (5) of the Fundamental Law, in Romania, respecting
the Constitution, its supremacy and laws is mandatory. But, for this general
obligation to be applied, the law must be known and understood, and in order to be
understood, it must be precise and predictable, so as to provide legal security of its
recipients.
1 Professor, PhD, Dean of Faculty of Law, Danubius University of Galati, 3 Galati Boulevard,
800654 Galati. Romania. Tel.: +40.372.361.102. fax: +40.372.361.290. Corresponding author:
vasilicanegrut auniv-danubius.ro.
5

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