Certainty, legal

EU ETS in the first phase up to 2008. The structural outline of a possible legislative package has been suggested, which could achieve the safeguarding of commercial and legal certainty under the current allocation regime, while at the same time providing a basis for amendment of the allocation mechanism under the EU ETS for phase II or beyond. The EC State aid law issue is a serious one and it needs to be taken into account by the Commission, the Member States and private parties in their future actions in this area. 

Many corporations dislike the principle for several reasons. The principle puts a constant pressure upon users of chemicals to keep informed and act accordingly, and thus provides limited certainty regarding what is expected of them. The principle may therefore not work well in countries where the legal culture may mean that corporations may have to defend their substitution efforts (or lack thereof) in courts, or where authorities may have to defend why they have not done more to promote substitution if they have established the Substitution Principle in law. Similar problems exist when it comes to the potential use of the Precautionary Principle in the United States, and this in one reason as to why principles are easier to deal with in Civil law countries like Sweden than in the United States. 

Benefits may also differ and vary in legal construction. An entitlement to benefits provides the unemployed with more legal certainty and predictability. Discretionary benefits allow more flexibility but can result in unequal treatment. Furthermore, the legal arrangement depends on whether the focus of activation lies on benefits in kind, cash benefits, or supportive measures in the form of advice or custom-tailored measures. 

Braithwaite, J. (2002) Rules and principles A theory of legal certainty , Australian ]oumal of... 

Legal certainty backed by due process and access to courts for mle challenge. 

Ultimately, an attorney will seek technical opinions of the expert on issues in the case. Often sought are opinions with a reasonable degree of scientific and engineering certainty. In a legal sense, this infers a certainty of 51 % or greater. The question is whether the expert is more sure than not sure on an issue. It is not certainty in a statistical sense, where one uses a 95% or similar statistical confidence level in drawing inferences or conclusions from data. 

As a result of this interpretation, every permit application procedure could include, irrespective of the question of whether technical air guideline values are observed, an examination to ascertain whether harmful environmental effects can be expected. For practical purposes, the results cannot be predicted, the loss of certainty with respect to legal decisions is obvious. For this reason the Federal Administrative Court rescinded the decision by the Higher Administrative Court in Munster in rendering its decision of February 17, 1978 [8-13] ... 

B. Certainty of the Law, The numerous, general-clause-type uncertain legal concepts of technical safety law could—in particular, because they are used in the basic formal laws—violate the constitutional mandate calling for sufficient certainty of the law. 

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