(41) Where this Regulation concerns a legal basis or a legal act, this does not necessarily require the adoption of a legal act by Parliament, subject to the requirements arising from the constitutional order of the Member State concerned. Such a legal basis or legal act should be clear and precise and its application foreseeable to the persons subject to it, as required by the judgments of the Court of Justice of the European Union (hereinafter referred to as 'the Court of Justice') and the European Court of Human Rights.