In the Romanian legal system, there is no explicit text of law that defines the principal of

legal security, because in this case it is a result of the jurisprudence, deriving from the rule of
law, it is consecrated as part of the European Court of Justice (ECJ) and the European Court of
Human Rights (ECHR) jurisprudence, mostly in regards to the application of community law. As
this principal is formed from other pillar-principals, it does not have an explicit definition, but in
the specialty literature lately it was defined as: “the principal which strives to dismiss from the
legal order the risk of uncertainty, generated by the imprecision and the instability of the law
itself”.[ CITATION Fra93 \l 1033 ] More recent the idea of legal security came closer to its root, the
rule of law, becoming a principal that should inspire the entire legal system, generate certainty
and the absence of fear because in some of its aspects legal security emerges as a human right.
Legal security is a principal that generates systematization and stability of legal order and
guarantee human rights in the sense of human and social security through lawmaking and justice.
The necessity for studying the principal of legal security can be explained through three
simple reasons: First, to properly function, it needs to be defined clearly so it becomes
accessible. Second, this principal is the basis for the rule of law, and so the public authorities
need to have it in mind at every step. The legislators when elaborating the text of the law, and the
judiciary when enforcing it. And third reason is that it is a current issue in the context of
unforeseen quantitative growth of legislation, determined by the outgrowing complexity of the
legal system, as a result of new developments in the community law at the international level, but
also the development of the society and the new fields that need regulations. [ CITATION Tră11 \l
1033 ][ CITATION Pre09 \l 1033 ][ CITATION Iac15 \l 1033 ]

The principal of legal security presumes/implies that the citizens are capable of
understanding, without efforts, what is allowed and what is protected through the law. To get to
this result the norms must to be clear, perceivable and not suffer in time frequent and
unpredictable changes. In the current context , as a fundamental principal of state law it should
give every citizen the opportunity to evolve into a secured , predictable environment, but the
increase/rise of law complexity, which is determined mainly by the developing new sources of
law (particularly European and international law) and the development of the society have
created a state of instability in the society. One example in the Romanian context is the conflict
with the taxi drivers and the Uber drivers cause by the lack of development in the transportation
laws and the quick and unappropriated new laws. The constant changes to the juridical norms
that are obscure and unclear and creation on new norms is a source of social disbalance and the
result is the lack of trust and dismissal from the individuals and private entities for the legal
system. In this context the principal of legal security brings to light the issue of legal security as
fundamental principal for the rule of law, which assumes the following demands:
nonretroactivity of the law, accessibility of the law, predictability of the law and the unitary
interpretation of the law. Those demands/guarantees constitutes a condition “sine qua non” for
qualitative legislation and qualitative application of it, to assure stability in social relations inside
the state. Take in discussion the quality of the law/norms, one study states that: “The law is made
to impose, to restrict, to sanction. The law is not made for blather, to create illusions, to provoke
ambiguity and deception. The law must be normative: the non-normative law diminishes the
necessary rule, inducing doubt on the real effect of its dispositions. To know what the law
provides is not enough for it to be accessible in a material way. It is for sure an essential
condition […] but first the norm must be intelligible. The intelligibility implies clarity and
precision of the sentence and also coherence. It also presumes that the rules have to gain their
full meaning in the context of the judicial body in which they have to integrate without making
too many references to dispositions outside the text” [ CITATION Ram14 \l 1033 ] . Taking it all into
account, what causes the legal instability and a threat to the rule of law is the legislative inflation,
non-compliance with the legal requirements, and the uncertainty of how the law should be
applied. This state wages on the citizens and the specialist almost in the same manner, both being
in the position to interpret what can be interpreted from the law. According to the rule of law, the
compliance with the principal of legal security must represent a priority, under the aspects of law
quality but also under the unitary interpretation by the state authority, the responsibility for this
falling to the legislative power and the judiciary power. When non-compliance with the principal
of legal security occurs, the society goes from a state of normality to a state of insecurity which
generates a lack of trust from the citizens in the state authority and the norms that the state
imposes.

Bibliography
A.A., Trăilescu. 2011. Predictibilitatea normelor şi stabilitatea raporturilor juridice – componente ale
legalităţii actelor administrative. Curentul Juridic, nr. 1.

Duminică, Ramona. 2014. Criza legii contemporane. Bucharest: C.H. Beck.

Iacub I., Costachi Gh. 2015. Reflecţii asupra securităţii juridice în statul de drept. Legea şi Viaţa, nr. 5 .

Luchaire, François. 1993. Le problème de la sécurité juridique. Liege: Jeune Barreau de Liège.

Predescu I., Safta M. 2009. Principiul securităţii juridice, fundament al statului de drept. Repere
jurisprudenţiale. Buletinul Curţii Constituţionale.