The concept of legitimate expectations and problems of implementation of the principle of legitimate expectations in Lithuania

Abstract

The article analyses the conception of legitimate expectations, different models of protection of legitimate expectations and problems of realization of the principle of legitimate expectations in Lithuania. The article consists of the introduction, four main parts and conclusions. In the first part of the article the conception, the genesis and development of the principle of legitimate expectations is discussed. The principle of legitimate expectations originates from the German public law and is known as the principle of "Vertrauensschutz". In the period between 1970 and 1980 years the Court of Justice of the European Communities began to apply this principle in its legal practice. The principle of legitimate expectations protects the interests of the persons, who are entitled by legal system to expect certain results, in case they act legally. There are presented the models of the protection of legitimate expectations, they are: procedural protection of legitimate expectations: substantive protection of legitimate expectations: compensatory protection of legitimate expectations. The second part of the article presents results of analysis of the Lithuanian Laws in order to find directly fixed right of a person to the protection of legitimate expectations in the area of public administration. The third part of the article is devoted to the analysis of the interpretation of legitimate expectation in Lithuanian Constitutional Jurisprudence. The main remark is made that there is conception of legitimate expectation in Lithuania and it is meant as constitutional principle, which is applied in Constitutional practice. The fourth part of the article reveals interpretation of the principle of legitimate expectation in Lithuanian administrative jurisprudence. The main conclusion is made that there is no system of substantive protection of legitimate expectations in Lithuania and dominates compensatory protection of legitimate expectations.