| Abstract [eng] |
The dissertation aims to examine in a comprehensive manner the application of the principle of legitimate expectations in public law, including its impact in developing, applying, and interpreting the law. On the basis of theoretical and empirical analysis, the study explores the evolution of the principle of the protection of legitimate expectations, its purpose, content, scope, and patterns of application in the spheres of legislative procedures, administrative and judicial practices. The research is carried out against the background of national law and partly European public law. The latter direction of the research enables not only to present pertinent international context, its impact, and certain compliance issues, but also to highlight the national identity of the doctrine under consideration. The study looks in detail at the role which the principle of the protection of legitimate expectations has gained in the field of both regulatory and individual legal acts. Whilst ensuring the legal stability and the dynamic evolution of legal order, which may appear as two divergent objectives, the principle of the protection of legitimate expectations has proved to be a fundamental instrument in the interpretation of law in order to preserve the respect for the established legal relationships or to remedy certain deficiencies in the legal regulation. On the basis of the analysis of the case-law of the European Court of Human Rights and the Court of Justice of the European Union, it is concluded that while applying the key criteria for the protection of legitimate expectations developed in the case-law of those courts, the national legal order is progressively developing towards a better protection of individual rights. However, in the light of the particular values guiding the jurisprudence of these courts in the application of the protection of legitimate expectations, the extent of the protection of individual rights currently is not the same. |
