The legal security and vertical multilayer of legal systems Cover Image

Bezpieczeństwo prawne a wertykalna wielowarstwowość systemów prawnych
The legal security and vertical multilayer of legal systems

Author(s): Bronisław Sitek
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Wyższej Szkoły Gospodarki Euroregionalnej im. Alcide De Gasperi w Józefowie
Keywords: European Union law; Roman law; over-legislation; interpretation of the law; application of the law

Summary/Abstract: The legal security has become one of the basic criteria of quality of life of individuals and whole society. The current concept of consistency and transparency of legal systems is slightly disrupted due to economic globalization. Modern economy, based on new technologies and continuous innovation, requires uniform application of law by phenomenon of synergy, especially in the interpretation area. There are even efforts taken in creating one European Civil Code. But this is not the right way. It is necessary to implement process of harmonization of interpretation of legal acts. That phenomenon is a consequence of vertical overlapping of legal regulations (of European Union, national and international). Added to this is the issue of over-legislation. In this reality, behind organs, which create and apply law, arises new challenges. Such a phenomenon has already occurred before - in Roman law - created on the basement of law of nations, praetor law and ancient civil law. Therefore it is necessary to introduce new methods of interpreting the law, which will slowly allow to replace traditional legal systems and will provide adequate security level.

  • Issue Year: 12/2012
  • Issue No: 1
  • Page Range: 167-186
  • Page Count: 19
  • Language: Polish