Oikeusvaltio ja oikeusvarmuus Euroopan unionissa

Abstract

In this article the EU concepts of rule of law and legal certainty are studied from the perspective of legal theory and EU law. The rule of law and legal certainty are both underlying principles of Western societies. They are neither defined in any paragraph of national laws nor in international treaties. Both are principles, which comprise various more precise principles from the perspective of their scope of application. The rule of law is both normative and legal cultural principle, which illustrates the legal system of an active civil society in the European context. Legal certainty, in turn, relates especially to the demand of predictability in legal decision-making, which is one of the elements of the rule of law as well. Both the rule of law and the principle of legal certainty have formal and substantive meaning, which can be illustrated by referring to the Article 2 TEU according to which the rule of law requires liberal democracy and the protection of human rights.