rättssäkerhets

Rättssäkerhet is a fundamental principle in many legal systems, particularly in Scandinavia, referring to the concept of legal certainty and the rule of law. It emphasizes that individuals should be protected against arbitrary state power and that legal processes should be predictable, transparent, and fair. This principle encompasses several key elements.

Firstly, it implies that laws must be clear, accessible, and predictable. Individuals should be able to understand what conduct is permissible and what is prohibited. Secondly, rättssäkerhet requires that legal decisions be based on established laws and procedures, not on the whims of officials. This includes the right to a fair trial, access to legal counsel, and the presumption of innocence.

Furthermore, the principle mandates that legal remedies must be available to challenge unlawful decisions and that these remedies must be effective. It also includes the idea that legal judgments should be final and that individuals should not be subjected to repeated prosecution for the same offense. The overarching goal of rättssäkerhet is to ensure that all individuals are treated equally before the law and that their fundamental rights and freedoms are respected within the legal framework. It acts as a safeguard against abuses of power and promotes public trust in the justice system.