Certezza e rule of law

The article reconsiders the topic of legal certainty in light of the rule of law, moving beyond the traditional view that certainty depends exclusively on the clarity of norms and is threatened by judicial activity. The rule of law is understood as an aspirational principle aimed at countering the arbitrariness of power, with certainty as one of its essential components — to be pursued alongside legality, equality, prevention of abuse of power, and access to justice. According to the Venice Commission, certainty requires norms that are accessible, stable, and coherent, reasoned judicial decisions, and effective access to courts. The article emphasizes the collective character of the rule of law, and thus of certainty itself, whose actors are legislators, citizens, and judges, whose reasoning contributes to making law predictable. Certainty does not coincide with mere predictability, but emerges from argumentative dialogue and the adjudication of concrete cases, serving as a guarantee against arbitrariness.