PROTECTION OF LEGITIMATE EXPECTATIONS IN THE CONTEXT OF REVOCATION OF UNLAWFUL ADMINISTRATIVE ACTS

Abstract

This article examines the issues related to the annulment of unlawful administrative acts in administrative law, within the context of balancing the protection of legitimate expectations and the principle of legality. The article establishes the main criteria that administrative authorities and courts should follow when deciding on the annulment of unlawful favorable administrative acts, both ex nunc and ex tunc. Specifically, in the case of ex nunc annulment, emphasis is placed on maintaining a proper balance between the protection of legitimate expectations and the principle of legality, the time elapsed between the adoption and annulment of the unlawful favorable administrative act, and the need to establish a transitional period when annulling an unlawful administrative act in order to prevent disproportionate harm to the addressee. When considering the ex tunc annulment of an unlawful favorable administrative act, attention is given to the degree of reliance and engagement of the addressee on the act’s legality, the extent of violation of the principle of legality, the interests of third parties, and the time elapsed between the adoption and annulment of the administrative act.