Приемствеността като предпоставка за предвидимостта в правото и законотворчеството: между теория и социална реалност
Continuity As A Prerequisite Of Predictability In Law And The Legislative Process: Between Theory And Social Reality

Author(s): Kiril Ilchev
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: continuity in law; predictability in law; legislative legitimacy; legal certainty; quality legislation; institutional experience
Summary/Abstract: This study examines legal continuity and continuity in legislation as a key prerequisite for predictability and legal certainty. Proceeding from the understanding that predictability is not an autonomous characteristic of law but rather a result of consistent and rational legislation, the paper analyses continuity as a dynamic and complex process of building upon normative, institutional and social experience.From a theoretical perspective, the study clarifies the content of the concept of continuity and its relationship with the principles of quality law-making and the legitimacy of the legislative process. From a practical perspective, the Bulgarian law-making process following the amendments to the Law on Normative Acts in 2016 is examined. Empirical data reveal tendencies toward formalization, normative instability, and ineffective use of accumulated regulatory experience, leading to unpredictability and inefficiency within the legal system.In conclusion, the study argues that genuine predictability in law can be achieved only through a balanced interaction between formal and substantive continuity in the law-making process, supported by consistent institutional commitment.

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