CUNEF Universidad holds a conference on the quality of regulation and legal certainty

The latest session of “Thursday Law at CUNEF Universidad” was held last Thursday, 12 December, at the Auditorium of the Almansa Campus. This time, the speakers analysed the consequences of poor regulation on legal certainty, focusing not only on the causes, but also on solutions to improve the quality of legal regulations:

• The principle of legal certainty, set out in Article 9.3 of the Spanish Constitution, is one of the pillars of the rule of law. For legal certainty to exist, legislation must be clear in terms of regulation and language, follow the Constitution and be applied as a result of a clear interpretation by the courts.
• There are alarming symptoms in the current regulatory situation, which is why we must balance the synchronous application of the Law, which involves predictability, uniformity and certainty, with diachronic application over time, allowing the legal system to evolve rather than petrify.
• Hypertrophy, instability, regulatory dispersion, inconsistency and a lack of homogeneity in the legal system impact the creation of norms, weakening legal certainty.
• Often, the poor quality of certain legal norms has more to do with their creation than their application. Poor quality laws can lead to the crisis of Democracy.
• To improve regulatory quality, we must conform with the principles of a demanding vision of law, respect regulatory technique, make adequate use of language and carefully follow procedure.

Encarnación Roca

, Vice-President Emeritus of the Constitutional Court and Professor of Civil Law; Ignacio Díez-Picazo, Professor of Procedural Law; Ignacio Astarloa, Legal Counsel to the Spanish Parliament, participated in the conference, which was chaired by Andrés Betancor, director of the Department of Law at CUNEF Universidad.