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Stabilitatea juridică nu este tot una cu imobilitate juridică

In legal systems, stability means that relationships remain as close as possible to the way they were. Stability, however, is to be distinguished from immobility. Frictions caused by new evolutions that emerge over time, may call for incremental measures in order to maintain the balance or outcomes that were initially envisaged. Consequently, while lifting or amending a legal rule was considered a threat to a traditional, static concept of legal certainty, it may become a requirement within its dynamic counterpart. This aligns with Luhmann’s idea of „reflexivity” of trust: in a complex world, we cannot rely on things to remain exactly as they were, but we can expect them to continue their Selbstdarstellung. This implies that changes are necessary in order to sustain coherency and to preserve the essence of their identity in changing circumstances.

Patricia Popelier
(Legal Certainty and the European Courts: Accessibility and Legitimate Expectations as Standards of Reasonableness în The shifting meaning of legal certainty in comparative and transnational law, Oxford: Hart Publishing, 2017, la pp. 31-32)

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