Professional paper
APPLICATION OF THE PRINCIPLE OF LEGITIMATE EXPECTATIONS IN THE PRACTICE OF THE ADMINISTRATIVE COURT OF THE REPUBLIC OF CROATIA
Inga Vezmar Barlek
; Upravni sud Republike Hrvatske, Zagreb
Abstract
The author in the article presents a content of the notion of legitimate expectations principle and its application in uncompleted legal situations. Moreover, she discusses the application of this principle in cases in which public body influences the rights of private parties who entered in a legal relationship by individual measure (based on law) adopting it after the relationship is completed. Having in mind the lawfulness of application of subsequent regulation, i.e. of subsequent measure of the public body, the author analyses the notion of “reasonableness” of expectations of a legal subject. Moreover, she emphasizes the need to compare a private and public interest (legal security versus principle of legality and adaptation of certain measures in public interest) in every individual case.
Keywords
legal security; prohibition of retroactivity; legitimate expectations; reasonable expectations; subjective public rights; principle of legality; dispute of full jurisdiction
Hrčak ID:
82247
URI
Publication date:
1.4.2011.
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