Legal certainty and supranational law

a reappraisal in the face of the global rule of law

Abstract

In a globalized context, where the tension between formality and the materiality of the law poses challenges, particularly due to international volatility and political influence, legal certainty acquires a key role as a pillar of the Rule of Law. However, its realization transcends the mere technical correctness of the norms, implying a commitment to values such as justice and equality. This article analyzes the evolution of the concept of legal certainty in the Rule of Law and the Global Rule of Law, emphasizing the role of supranational law through judges and tribunals such as the Court of Justice of the European Union. Through a systematic and teleological documentary analysis of key authors and sources in specialized databases, the challenges and factors that influence legal certainty are explored, including the legalistic and formalistic vision. As a result, a series of reflections are formulated regarding the role of the Global Rule of Law and supranational integration, highlighting that supranationality can act as a guarantor of this fundamental principle in an interdependent world.