Please use this identifier to cite or link to this item:https://hdl.handle.net/20.500.12259/35955
Type of publication: Straipsnis / Article
Author(s): Parchomiuk, Jerzy
Title: The protection of legitimate expectations in administrative law: a horizontal perspective
Is part of: Baltic Journal of Law & Politics, 2017 vol. 10, iss. 2, p. 1-25
Date: 2017
Abstract: The term “protection of legitimate expectations” in administrative law traditionally draws our attention to vertical relationships between the State and an individual. In my text I propose a non-traditional approach to the issue of protection of legitimate expectations in administrative law. Instead of analysing the problem from the perspective of the relationship between the administrative body and the individual, I have attempted to tackle the problem from the perspective of entities involved in peer relationships. The subject of my analysis is the principle of good faith as the axiological foundation for the protection of legitimate expectations in administrative law. Next the article addresses the specific legal institutions that express the protection of legitimate expectations in horizontal perspective: prohibition to make assertions contradictory to prior position (estoppel), institutions that express the protection of legitimate expectations in administrative contracts, as well as the principle of good faith in relationship between administrative bodies. The principle of good faith is a universal legal construct that forms the foundation of the legal system. Thus it is applicable in the sphere of administrative law, especially in the case of the relationship between equal-level entities.
Internet: https://doi.org/10.1515/bjlp-2017-0010
https://hdl.handle.net/20.500.12259/35955
Appears in Collections:Baltic Journal of Law & Politics 2017, vol. 10, iss. 2

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