Administrative Law Week 4 PDF

General principles of administrative of law 1\. Definition Definition Legal principles are legal norms of fundamental importance for the entire law or its individual branches, or general clauses taken out of brackets in order to serve the entire law or its entire branch. They are located at very...

General principles of administrative of law 1\. Definition Definition Legal principles are legal norms of fundamental importance for the entire law or its individual branches, or general clauses taken out of brackets in order to serve the entire law or its entire branch. They are located at very top in the hierarchy of norms and other norms must be consistent with them. They are expressed directly in law (primarily in the constitution) or are the results of interpretation by the courts. 2\. Legality Authorities can act only under and within the framework of legal norms. 3\. Equality The order that people in the same situation be treated comparably.  Prohibition of discrimination on the basis of, for example, gender, nationality, race, religion or political beliefs. The imperative that public authorities treat similar subjects in similar situations equally, and the imperative that the principle of equality be considered when shaping existing laws. Thie principle has two dimensions. The first - procedural, which means that "the legal imperative of equal treatment of the parties to administrative proceedings is expressed in the content of the administrative act , but it is already actualized in the course of the proceedings and refers to the sphere of the realization of rights and obligations of a procedural nature." This aspect will be particularly evident in proceedings involving more than one party. The second dimension - material, will thus manifest itself in the case of different proceedings, but in cases of similar factual or legal status. 4\. Impartiality Activities of public bodies should be independent of any collateral influences and aimed at fulfilling the tasks of the state and deepening citizens\' trust in state bodies. Therefore, the scope of \"impartiality\" includes the idea of ​​equality in law.  According to this principle,  [one must not be guided by motives that are inappropriate in a particular case.]  So, the conduct of the proceedings and the issuance of  [a decision should be based on impartial reasons and arguments,]  relevant to the specific case. In this sense,  [impartiality]  is said to be a principle that  [prohibits]  the consideration of certain rationales, such as  [self-interest, kinship with a party to the proceedings, personal attitude to the case] , etc. 5\. legal certainty Legal certainty of a law can be reduced to the formal concept, placing emphasis on the procedural aspects of its validity. We then ask ourselves whether: \- it was established by a properly legitimized entity, \- the proper procedures for its formation were observed, \- it was properly promulgated, \- the legal regulations formed in this way are transparent, clear, clean, whether they provide a basis for finding legal norms that meet the standards of public order, whether their application is widely accepted. Finally, there may be questions about its stability, sustainability, and consistency with other legal regulations. The principle, which is linked to  [the doctrine of legitimate expectations]  and to the  [non-retroactivity of the legal effects of an act.] 6\. Legitimate expectations in the EU The principle of legitimate expectations concerns primarily the relationship between public administration and individuals. It endeavors to solve the conflict between the administration's goal to protect confidence in its activities and the need for change of the objectives of administrative policy.  The principle of legitimate expectations has been expressed in art. 10 of the European Code of Good Administrative Behavior. The article states that: "The official shall be consistent in his own administrative behaviour as well as with the administrative action of the Institution. The official shall follow the Institution's normal administrative practices, unless there are legitimate grounds for departing from those practices in an individual case; these grounds shall be recorded in writing." Paragraph 2 of this article goes on to say: "The official shall respect the legitimate and reasonable expectations that members of the public have in the light of how the Institution has acted in the past." The principle of legitimate expectations was formed in the process of the judiciary activity of the CJEU. "The European Court did not establish the theoretical bases of the principle but in its decisions, it often indicated why it should be used. Among other things, it stated that this principle has a specific equitable function which ensured fair dealing and good faith as minimum standards of Community administration. It would be unfair for the administration to raise certain expectations as to its further conduct which are then subsequently disappointed, without good reason.[1\]](applewebdata://9F27E878-E22B-44C4-AD4F-CEAE70F6F63E#_ftn1) The principle allows the European Court to strike a balance between justice and the legal rigor. In one of the investigated cases the Advocate General declared that the doctrine of legitimate expectations is "undeniably part of Community law".[\[1\]](applewebdata://A8198F88-BA33-4CB1-95BD-1CF195C4A5F8#_ftn1) [The European Court of Justice recognized that the principle of legitimate expectations originates from the principle of legal certainty.][[\[2\]](applewebdata://A8198F88-BA33-4CB1-95BD-1CF195C4A5F8#_ftn2) The working of the principle of legal certainty means that violation of legitimate expectations is seen as violation of "the primary rule of law and order".][[\[3\]](applewebdata://A8198F88-BA33-4CB1-95BD-1CF195C4A5F8#_ftn3)] [1\]](applewebdata://9F27E878-E22B-44C4-AD4F-CEAE70F6F63E#_ftnref1) R. Thomas, Legitimate expectaions and proportionality, Ofxord- Portland Oregon, 2000, p. 44. Among other things, it stated that this principle has a specific equitable function which ensured fair dealing and good faith as minimum standards of Community administration. It would be unfair for the administration to raise certain expectations as to its further conduct which are then subsequently disappointed, without good reason."   Three conditions: In line with the jurisprudence of the Court of Justice of the EU, three conditions must be satisfied to justify a claim for entitlement to the protection of legitimate expectations. 1.Precise, unconditional and consistent assurances originating from authorised and reliable sources must have been given to the person concerned by the Community authorities. 2.Those assurances must be such as to give rise to a legitimateexpectation on the part of the person to whom they are addressed. 3.The assurances given must comply with the applicable rules. 7\. Subsidiarity According to the principle of subsidiarity, the chief function of the state is limited to satisfying the needs of persons who are unable to do so by** **themselves. The role of the state is thus secondary. The principle of subsidiarity is aimed at limiting the power of the state, and enhancing at the same time the autonomy of social groups and individuals.  Organs of the state, including public administration, should be located as close to the citizen as possible, and at the same time in such a way that citizens can participate to the fullest extent possible, independently or at least indirectly, in the exercise of public authority  8\. Proportionality According to this principle, public administrative bodies, when taking any action, should moderate the objectives and the severity of the measures, as well as the proportion between protecting the general (public) good (interest) and the individual good (interest). As supplementary principles, we may mention here the principle of utility (using only means useful for a given purpose) and necessity (using only means necessary in a given situation). The principle of proportionality is expressed in  [Article 5](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=celex:12016M005) (4) of the Treaty on European Union states that \"Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties.\" 9\. Transparency Transparency is a central element of accountability. Transparency is an element of a public life in a democraticsociety. Usually, transparency is related to the right to know.