The Soft Law as a Tool of Resilience and Trust

The paper focuses on the role that soft law and regulation plays in fostering the resilience of contemporary legal systems and, consequently, in increasing the citizens’ trust in public law and institutions.
Soft law – being a fluid normativity that operates in a composite and highly flexible web of international, supranational, domestic and sub-state players – acquires a crucial role. By developing soft forms of judicial dialogue and courts’ made soft law, even Courts, at all levels, fully and actively participate in the soft law experience. The soft law web significantly underpins the effectiveness of legal systems at all levels and at all stages of the regulatory processes. It also allows highly flexible direct forms of connection/dialogue across the global arena, bridging the existing gaps.
Given this framework, the paper explores, how and to what extent soft law and the soft law web may help to foster legal resilience and trust and to outline possible implied threats and risks.