Administrative Law week 4 definitions

Legal principles are the foundation of the legal system, dictating how laws should be interpreted and applied.

Public bodies can only act within the boundaries of existing laws. They cannot create new rules on their own.

Similar situations should be treated alike, regardless of factors like gender, race, or religion. This ensures fairness and prevents unfair bias.

Decisions should be made without personal bias or influence. They should be based solely on the facts and the law.

The process for creating and applying laws should be clear and understandable, allowing people to know their rights and obligations.

This dimension of equality focuses on the procedure used in administrative proceedings. It ensures that all parties are treated fairly during the process.

This dimension of equality ensures that similar situations, regardless of procedure, are treated equally. This helps to prevent arbitrary decisions.

This type of impartiality is about remaining objective and avoiding motives that could taint a decision. It focuses on the reasoning behind a decision.

The principle that public bodies should act consistently with the reasonable expectations that individuals have formed based on past practices or statements by the administration.

The process of creating and enacting legal regulations, ensuring they are valid, transparent, and consistently applied.

Legal regulations should be clear, understandable, and accessible to the public. It ensures fairness and prevents ambiguity.

Legal regulations must be compatible with other existing laws, preventing conflicting rules and ensuring a consistent legal framework.

Laws should generally not be applied retroactively. It ensures fairness and protects individuals from unexpected consequences.

The European Court of Justice (CJEU) developed the principle of legitimate expectations through its rulings, ensuring fair administration and protecting individuals' trust in public bodies.

The principle aims to balance the need for administrative flexibility (the ability to change policies) with the need to maintain public trust (honoring expectations established through past behavior).

Article 10 of the European Code of Good Administrative Behavior explicitly mentions the principle of legitimate expectations, emphasizing the obligation of public officials to respect reasonable expectations formed by the public.

The principle that administrative bodies should act in a way that is predictable and consistent with previous actions, ensuring fairness and avoiding arbitrary decisions.

The idea that public administrators should primarily focus on supporting individuals' direct needs, only stepping in when those individuals cannot meet them on their own.

Three elements are needed for a legitimate expectation to be recognized: 1) clear and consistent promises from authorities, 2) these promises were intended to create an expectation in the recipient, and 3) all actions were legally permissible.

The violation of someone's legitimate expectation can be seen as a violation of the core principle of legal order, making it a serious concern.

The concept that individuals have the right to participate in decisions that affect them, either directly or indirectly.

Public administrative bodies should exist close to the citizens they serve, encouraging active participation and engagement.