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RESEARCH: Reconceptualising Legal Certainty for Cross‑Border Investors in the European Private Law Framework

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The progressive erosion of the rule of law within certain European Union Member States and other Western jurisdictions poses a systemic risk not only to public governance, but also to the legal certainty upon which private investment fundamentally relies (Mahmutovic, 2021). For cross-border investors, legal predictability is not an abstract ideal; rather, it constitutes a precondition for the rational allocation of capital, the formation of contractual commitments, and the realisation of expected returns. Where regulatory frameworks shift abruptly, judicial approaches become inconsistent, or public authorities interfere unpredictably in financial markets, investors may no longer rely on the stability of the legal environment in which their economic decisions are embedded.

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