Nature et racines du principe de sécurité juridique : une mise au point

Abstract

French public law, burdened with a series of prohlems — such as the excessive number of statutes — has been, as a reaction, developing the notion of « legal security ». This attractive concept refers back to the primary function of law, that is the strengthening of social links. It is however necessary to define it more precisely to avoid feeding legal insecurity. Hence the need to trace back its origins, to identify more closely the notion and to determine its implications. Though the notion has been appealing to our domestic legal System because of the impact of European law (either through its case law or the case law of the European Court of Human rights), its historical roots are to be found in the historical legacy left by Roman law into the Germon law. As part of the highest legal norms in the Germon legal system, the concept of legal security bears its own imprint which are closely linked to its origins and in particular to its relationship with the concept of Rule of law. These characteristics cannot be ignored if the notion is to be transposed into the French legal system.