Administrative Law week 4 definitions

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which aspect of legitimate expectations does the Advocate General highlight?

It is a fundamental principle of Community law. (correct)

It only applies in specific legal contexts.

It can be overridden by national laws.

It is derived from personal expectations of individuals.

What is a primary consequence of violating legitimate expectations according to the principle of legal certainty?

It leads to confusion among citizens.

It is perceived as a violation of the primary rule of law. (correct)

It allows the state to exercise unchecked power.

It establishes a precedent for future cases.

Which of the following is NOT one of the three conditions for claiming entitlement to protection of legitimate expectations?

Assurances must be precise and unconditional.

Assurances must originate from reliable sources.

Assurances must comply with applicable rules.

The person must have a legal background. (correct)

What function does the principle of legitimate expectations serve according to the document?

It ensures fair dealing and good faith in administration. Signup and view all the answers

What is the chief function of the state under the principle of subsidiarity?

To address needs beyond individual capabilities. Signup and view all the answers

How does the principle of subsidiarity affect the power of the state?

It enhances individual autonomy and limits state power. Signup and view all the answers

In what way should public administration be structured according to the principle of subsidiarity?

Close to the citizens and allowing participation. Signup and view all the answers

What must the assurances given under legitimate expectations do?

Indicate a clear commitment to specific actions. Signup and view all the answers

What is essential for the validity of legal regulations according to the established principles?

They must be established by a properly legitimized entity. Signup and view all the answers

The principle of legitimate expectations primarily addresses which relationship?

The relationship between public administration and individuals. Signup and view all the answers

According to Article 10 of the European Code of Good Administrative Behavior, what must officials respect?

The legitimate and reasonable expectations of the public. Signup and view all the answers

What is a key function of the principle of legitimate expectations as interpreted by the CJEU?

To ensure fairness and good faith in Community administration. Signup and view all the answers

Which standard is not associated with the principle of legitimate expectations?

Arbitrary decision-making. Signup and view all the answers

What aspect does the principle of legitimate expectations aim to balance?

Justice and legal rigidity. Signup and view all the answers

What consequence may occur if public administration raises expectations that are later disappointed?

It can be seen as unfair without justifiable reasons. Signup and view all the answers

Which of these must be observed for the formation of legal regulations?

Proper procedures and proper promulgation. Signup and view all the answers

What characterizes legal principles in the hierarchy of norms?

They are the fundamental norms that must be consistent with other legal norms. Signup and view all the answers

Which statement reflects the principle of legality?

All actions must strictly adhere to legal norms. Signup and view all the answers

What does the procedural dimension of equality entail?

Equal procedural rights for all parties involved in administrative proceedings. Signup and view all the answers

Which factor should not influence the conduct of public bodies according to the principle of impartiality?

A personal affinity towards one of the parties. Signup and view all the answers

How is legal certainty primarily characterized?

It emphasizes the procedural aspects of the law's validity. Signup and view all the answers

Which of the following aspects is NOT included in the definition of legal principles?

They do not require any form of expression in the constitution. Signup and view all the answers

What does the principle of equality require in the context of discrimination?

Prohibition of discrimination based on various grounds such as gender and race. Signup and view all the answers

Why is impartiality crucial for public bodies?

It is essential for fulfilling the state’s tasks without external influences. Signup and view all the answers

Study Notes

General Principles of Administrative Law

Definition: Legal principles are fundamental legal norms for entire laws; they are hierarchical, with other norms needing to adhere to them. These norms are located at the top of the hierarchy and are either directly expressed in law (primarily constitutions) or interpreted from courts.
Legality: Authorities operate within the bounds of legal norms.
Equality: Individuals in the same situation must be treated comparably; discrimination on grounds like gender, nationality, race, religion, or political beliefs is prohibited. Similar situations should be treated similarly, and this principle should inform lawmaking.
Impartiality: Public bodies' actions must be independent of external influences; they should work towards public trust and deepen it, based on equality and impartial motives in each specific situation.
Legal Certainty: Legal certainty is a concept related to the law being properly formed (created by a legitimate body) and following proper procedures, being clear and transparent, widely accepted, consistent, and stable. It is usually associated with the formal validity of the procedure and substance.
Legitimate Expectations: This concerns the fairness between public administration and individuals; it attempts to resolve conflicts, protecting trust in administrative actions and flexibility to adapt to changing situations.
Subsidiarity: States should limit their role to addressing needs of people who cannot provide for them themselves to enable social groups and individuals to have autonomy.
Proportionality: Administrative bodies should consider the severity of measures against the benefit to the public good, maintaining proportional action. "Utility" and "necessity" are supplementary principles of action.
Transparency: Transparency is crucial for accountability in public life; it is often related to the right to know.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz explores the foundational legal principles that govern administrative law, including legality, equality, impartiality, and legal certainty. Understanding these principles is crucial for comprehending how laws operate within a hierarchical framework and ensure fairness in public administration.