The principle of legal certainty as a principle of economic efficiency

Legal certainty, a feature of the rule of law, constitutes a requirement for the operational necessities of market interactions. But, the compatibility of the principle of legal certainty with ideals such as liberalism and free market economy must not lead to the hastened conclusion that therefore the principle of legal certainty would be compatible and tantamount to the principle of economic efficiency. We intend to analyse the efficiency rationale of an important general principle of EU law—the principle of legal certainty. In this paper, we shall assert that not only does the EU legal certainty principle encapsulate an efficiency rationale, but most importantly, it has been interpreted by the ECJ as such. The economic perspective of the principle of legal certainty in the European context has, so far, never been adopted. Hence, we intend to fill in this gap and propose the representation of the principle of legal certainty as a principle of economic efficiency. After having deciphered the principle of legal certainty from a law and economics perspective (1), we shall delve into the jurisprudence of the ECJ so that the judicial reasoning of the Court as this reasoning proves the relevance of the proposed representation (2). Finally, we conclude in light of the findings of this paper (3).

Margaret Thatcher, Dress and the Politics of Fashion

Through Margaret Thatcher’s private and public performances, the micro-politics of dress translated into the macro-politics of power. Thatcher’s changing career can be traced through her dress (see Young 1991: 416-417); analysis of her dress leading up to and during her Premiership reveals both her aspirations and increasing power. Understanding of Thatcher’s agency in her embodied, dressed performances can be informed and developed through Butler’s (1999) conceptualization of performativity. Through adaptation, repetition and divergent dress, Thatcher constructed different identities, some of which became iconic symbols of her self and her politics. Examination of Thatcher’s dress refines the understanding of the relationship between constraints and agency experienced by actors in the public realm. Upon becoming party leader, Margaret Thatcher’s gender, class and ideological viewpoints were incongruent with her unprecedented political status and she faced many challenges in attempting to overcome this. Dress became a potentially destabilising focus for her critics and symbolic of her “outsider” status. Yet in the face of these challenges she recognized and learned from the expectations of others, adapting and changing her dress. However, this was not an instantaneous, complete or permanent transformation. What Thatcher achieved, as she crafted her dressed performances, was agency over a further aspect of her life and her politics. There was also an evolving alignment of her dress with her political ideology and domestic and international roles over time.