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EU Administrative Law$
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Paul Craig

Print publication date: 2012

Print ISBN-13: 9780199568628

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199568628.001.0001

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Legal Certainty and Legitimate Expectations

Legal Certainty and Legitimate Expectations

Chapter:
(p.549) 18 Legal Certainty and Legitimate Expectations
Source:
EU Administrative Law
Author(s):

Paul Craig

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199568628.003.0018

The connected concepts of legal certainty and legitimate expectations are to be found in many legal systems, although their precise legal content may vary. These concepts are used in a number of different ways and it is important to distinguish them in order to avoid confusion. This chapter begins with the basic precept of legal certainty and the constraints placed on EU norms that have an actual retroactive effect. This is followed by differentiation of other types of case where legal certainty and legitimate expectations are utilized and the rationale for affording legal protection. The remainder of the chapter analyses the law and policy applicable in these different areas, including revocation of lawful and unlawful decisions, individual representations, representations and changes of policy, departure from existing policy, and unlawful representations.

Keywords:   EU law, legal certainty, legitimate expectations, legal protection, representations

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