Principiul legalitãții: de la lex scripta la lex certa
Principle of Legality: From Lex Scripta to Lex Certa

Summary/Abstract: The principle of legality has often been stated, but quite rarely explained in its specific nuances, being perceived exclusively as a fundamental rule of criminal law which is evident and true by itself. The two components of the principle expressed by the Latin adagiums „nullum crimen sine lege” and ”nulla poena sine lege” tend to be reformed in the light of contemporary standards in the matter of lawmaking process and enforcement of law in concrete situations. Due to the increasing importance of case-law in the interpretation of the rules in force on the one hand and the binding nature of supranational regulations on the other hand, even the continental system, once known for its traditionalism, formalism and rigidity, appears to be more flexible and more responsive to the creative effect of interpretation. The consequence of this contemporary trend is that the fundamental principles of law themselves undergo mutations, and the principle of legality has gained a wider and deeper meaning than 100 years ago.

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