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Viewed from the perspective of public law, the protection of legitimate expectations is both greater but also less than the protection of comparable interests under private law (particularly in contract or estoppel cases): the protection is greater, in that in some cases no absolute promise or consideration or detrimental reliance may be required.
The term “protection of legitimate expectations” in administrative law traditionally draws our attention to vertical relationships between the state and an individual.
Aug 7, 2019 the principle of the protection of legitimate expectations also applies to acts performed by other authorities concerned in euro-pct.
7 clearly, however, the interest protected in this context is reliance upon the law prior to the introduction of retroactive changes, rather than the expectation that the law will never be altered in the future.
The doctrine of legitimate expectation was first developed in english law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person.
One of these general principles is the protection of legitimate expectations, sometimes framed as the duty of international organizations to abide by the promises.
More recently the courts have extended protection to substantive legitimate expectations. A substantive legitimate expectation is an expectation induced by a public authority that an individual will be granted or retain some substantive benefit.
The doctrine of legitimate expectation, which prevents the violation of genuinely created legitimate expectations, enhances uniformity and certainty over the behaviour of the administrative authorities in their dealings with the people.
Legitimate expectation can sometimes be relied on by a taxpayer to protect his expectation to a particular form of tax treatment, even if the result would afford that.
May rely on the principle of the protection of legitimate expectations. On the other hand, if a prudent and discriminating trader could have fore- seen the adoption.
The protection of legitimate expectation does not require the fulfilment of the expectation where an overriding public interest requires otherwise. In other words where a person’s legitimate expectation is not fulfilled by taking a particular decision then decision-maker should justify the denial of such expectation by showing some overriding.
The paper analyses four common types of government action at issue in investment cases through the lens of legal certainty, arguing that the strength of the claim for recognition of legitimate expectations depends on the government conduct at issue, with government interference with legal rights or formal decisions generating the strongest claim for protection, and changes to the extant legal framework generating the weakest claim.
The tribunals held that the protection of legitimate expectations rooted in the legal framework of the host state (which has to be considered at the moment of the investment) is an essential element for the success of a commercial operation and the host state has to respect this need for stability.
The latter poses particular problems, because unqualified protection of legitimate expectations may have the effect of fettering the state's right to regulate.
Jul 30, 2020 on one side of this uncertain moral territory lie expectations generated by explicit promises or contracts, which are clearly normatively protected.
“in the cases in this court in which a legitimate expectation has been held entitled to protection, protection has taken the form of procedural protection, by insisting.
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,.
Buy good faith in the jurisprudence of the wto: the protection of legitimate expectations, good faith interpretation, by marion panizzon, isbn.
The court agreed with the advocate general’s opinion that to hold otherwise would undermine principles of legal certainty and protection of legitimate expectations of trade mark owners.
It then develops a doctrinal structure for the standard of protection. The author places the key premise of the book on the possibility of deriving firm conclusions from the debate and on creating a set of precise and prescriptive 'guidelines of the application of legitimate expectations'.
Finally, the interests underlying the legitimate expectations doctrine are the non-discriminatory application in public administration of the procedural norms established by past practice or published guidelines, and the protection of the individual from an abuse of power through the breach of an undertaking.
In earlier immigration cases where the doctrine of legitimate expectations has been.
The article examines the nature of the interest protected by the administrative law doctrine of legitimate expectations.
The protection of legitimate expectations by international investment law is firmly rooted in arbitral practice 2 as a self-standing subcategory 3 and one of the major components of the fair and equitable treatment standard. 4 the rationale behind the protection of legitimate expectations is to encourage foreign investors to make adequate business decisions based on the legal regime of, and representations made by, the host state.
The article will focus on the protection of legitimate expectations under the fair and equitable treatment standard, in the context of which case law is by now quite.
5 a period of “rapid growth” has occurred “without proper exploration as to why legitimate expectations ought to be protected”.
The doctrine of legitimate expectation is one of the court's controls over the exercise of a decision–maker's powers.
The doctrine of legitimate expectations is a welcome addition to the armory of the courts ensuring that discretions are exercised fairly. The phrase legitimate expectation, which is much in vogue, must not be allowed to collapse into an inchoate justification for judicial intervention.
The protection of legitimate expectations is treated by arbitral tribunals as a subheading of the standard of fair and equitable treatment (fet). The meaning of the fet standard has historically varied depending on the wording of the respective investment treaty.
Instead it should be appreciated that the doctrine of legitimate expectations is a response to the need to protect the trust of those who have been the subject of an official representation. Appreciating the importance of trust to the doctrine provides us with guidance as to the scope of the doctrine, and as to how it ought to be applied.
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