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Legal Certainty Issue in the Balkan Peninsula in the context of Case Law of ECtHR

TitleLegal Certainty Issue in the Balkan Peninsula in the context of Case Law of ECtHR
Publication TypeConference Paper
Year of Publication2016
AuthorsKokusari, I
Conference NameSecond Sarajevo International Conference on `EU Integration and Balkan Countries`
PublisherDobra Knjiga
Place PublishedSarajevo
ISBN Number978-9958-27-301-8

The principle of legal certainty is one of component part of the rule of law. It has threeimportant sub-elements such as legal clarity, legal stability and legal predictability. Thesethree sub-elements should be carried out in terms of decisions of three state bodies(legislative, executive and judicial). The legal certainty is also one of the fundamentalprinciples of the European Council and European Court of Human Rights. The Court hasstressed in several cases the legal certainty might be realized in contracting states throughenforceability and finality of judgment, consistent and clear rules and administrativeimplementations, predictable decisions held by courts and administrative bodies etc. In theBalkan peninsula, there have been some individual applications to ECtHR, claiming thethe principle of legal certainty has been violated, so the Court delivered many cases whosesomeofbreach legal certainty and some of not about Balkan Countries such as BosniaHerzegovina, Romania, Greece, Serbia, Albania, Macedonia and Bulgaria.