Europeanisering van het vertrouwensbeginsel : Betekenis van het Europese vertrouwensbeginsel voor de equivalente beginselen in Nederland, Frankrijk en België in het kader van een groeiend ius commune

Abstract

The central issue in this book is the Europeanization of the principle of legitimate expectations in the context of European administrative law and of the growth of a European ius commune. First, an overview is given of the European principle of legitimate expectations and the equivalent principles in the Netherlands, France and Belgium. Second, the application of the European principles, its spill-over effects and its impact on the principles of legitimate expectations in these national legal orders are examined. The principle of legitimate expectations is one of the many European general principles of law that are applicable whenever a case falls within the scope of European law. The content of the European principle and the criteria for its successful application are described. The principle is applicable in different situations and these are described on the basis of case law (f. ex. transitional measures, revocation). The same procedure is followed regarding the principle of legitimate expectations or equivalent in the Netherlands, France and Belgium. The European principle is stricter than the principles in the Member States because of the severe criterion of a prudent trader and the absolute prohibition of contra legem application. There is a clear influence of the European principle in the situation of the direct application of European law (cases that are fully Europeanized) where authorities and judges have to apply the European principle of legitimate expectations. A national principle that offers broader legal protection can only be applied in cases that are not fully Europeanized (indirect application), as long as it falls within the confines of the European conditions of effectiveness and equivalence (and whereby the European principle is the minimum-standard). The area where the relation and tension between the European and national principles is an important issue is the area of European subsidies and state aid. The Netherlands had to give up a part of the legal protection that it offered on the ground of the national principle of legitimate expectations (possible contra legem application, less severe conditions compared with the European requirement of a prudent trader and more protection for expectations in the context of subsidies). In France, the possible recognition of a national principle of legitimate expectations is within reach under the influence of the European principle of legitimate expectations. In Belgium, the influence of the European principle is negligible. In general, Belgian administrative law should pay more attention to Union law and the principle of European legitimate expectations in particular. In all three Member States national judges must apply the European principle more often in fully Europeanized cases. In the long term, a common principle of legitimate expectations is possible. This ius commune process can be stimulated by means of a more in-depth study of the principle of legitimate expectations (or equivalent) and the Europeanization of this principle in all the EU Member States in a common frame of reference.