Dissertation > Excellent graduate degree dissertation topics show

The application of the principle of legitimate expectations protection in EU law

Author: ZhuHaiBo
Tutor: WangJingBo
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Legitimate expectations protection EU Administrative behavior
CLC: D99
Type: Master's thesis
Year: 2009
Downloads: 82
Quote: 1
Read: Download Dissertation

Abstract


The principle of legitimate expectations of protection originated in Germany, the theory is closely linked with the German administrative law, administrative act revoked. With the national emphasis on the protection of human rights in the 1970s and gradually developed. So far, the principle of legitimate expectations protection has become an integral part of the EU legal order. The principles and the protection of fundamental human rights principles, the principle of equality, the principle of proportionality, tied for the principle of legal certainty and the principle of state responsibility, is one of the basic principles of EU law. European Court of Justice to ensure that the public interest, the use of the principle of legitimate expectations protection to provide maximum protection of individual interests in order to achieve a balance between public and personal interests. Starting from the basic theory of the principles of protection of legitimate expectations, the principle in EU law to conduct a detailed analysis of introduction. The first chapter discusses the general theory of the principles of protection of legitimate expectations. Divided into three parts on specific language content: First introduced the origin of the principle of protection of legitimate expectations in the EU; Second, it pointed out the specific meaning of the principle, including a prospective basis, the expected performance, the expected content, as well as the interests of the measure on if the individual is expected to fall, the public authority on its way to protect legitimate expectations and similar to the concept of difference and connection; Finally, the principle of legitimate rights and interests in protecting members of society, the building of honest government to play a role. The second chapter discusses how to apply the principle of legitimate expectations protection in the administrative acts of the European Union. This chapter begins the administrative acts of the European Union is divided into two types of direct administrative behavior and indirect administrative act. The empirical analysis focuses on the institutions of the European Union abolished the legitimate grant benefits to the decision and the decision to revoke the unlawful grant of benefits, the EU institutions to be contrary to the statement, the EU institutions to change policies and the EU institutions do not comply with the administrative practice of the court how to use the legitimate expectations protection principles to protect the expected benefits of the administration relative (hereinafter referred to as relative). Analysis of indirect or administrative action, when the substantive law of the European Union there are differences in the substantive law of the Member States, EU institutions revocation of administrative acts of the Member States to cause damage to the legitimate expectations of the opposite party, the European Court of Justice is how to use the principle of legitimate expectations protection the. The third chapter discusses the application of the principle of legitimate expectations protection in the EU legislation, two levels described. First, legislators in the legislation to comply with the principle of legitimate expectations protection; Second, in determining when the retroactive effect of the normative documents lawmakers should also consider the principle of legitimate expectations protection. The fourth chapter discusses the principle of legitimate expectations to protect the status quo in China. In China, although in some of the provisions reveals a certain degree of protection to the legitimate expectations of citizens, but compared with the EU, there is still a big gap. China is now a change of policy of the executive, administrative organs of the wrongful exercise of administrative guidance, the administrative authority does not comply with the legitimate expected benefits of the administrative practices relative not yet adequate protection, it is recommended that our country based on their national conditions, based on the draw EU law of legitimate expectations to protect the principle of application experience.

Related Dissertations

  1. A Research and Enlightenment of European Union’s Carbon Emissions Allowance Trading Market,X196
  2. EU countries to resolve social conflicts Enlightenment,D75
  3. An Analysis of the History of Global Climate Governance and Climate Policies of the European Union, China and the United States,X321-09
  4. Regionalization of EU law,D99
  5. Fluorescent Enhancement of Guest Molecules by Supramolecular Hydrogel,O648.17
  6. Legislative Implications of China-EU Mutual Recognition of Geographical Indications,D923.43;F203
  7. The legal system of the EU state aid,D996
  8. The Research on the European Union Anti-dumping Rules of Non-Market Economy,D996.1
  9. Electrodeposited Rare Earth-Iron Group Magnetic Films and Their Magnetism,TB383.2
  10. EU environmental law of the precautionary principle,D996.9
  11. EC State Aid Law and Its Reference for China,DD912.29
  12. An Empirical Study of the Convenience Yield in the Second Phase of the EU ETS,F832.5;F713.35
  13. The Study of the Relationship between European Union Direct Investment in China and China’s Export Structure to European Union,F752.7;F224
  14. Intra-Industry Trade in Agri-Food Products between China and the EU,F752.7
  15. Research on Intra-industry Trade of Electromechanical Products between China and the EU,F426.6
  16. Research on Escalation of Sino-EU Trade Frictions Under International Financial Crisis and China’s Strategy,F752.02
  17. Reform of EU Agriculture Subsidy Policy and Reference to China,F320
  18. Microstructure and Luminescent Properties of the Rare Earth-doped Borate Phosphors and Glasses,O482.31
  19. The Synthesis and Photoluminescence Properties of Di-phase Calcium Phosphate RGB Phosphors,O482.31
  20. The Impacts of International Carbon Emission Trading on China and the Countermeasures for China,F752.0;F205
  21. Preparation and Properties of Cerium-based Compounds （CePO4, CeO2） Luminescent Materials,TB383.1

CLC: > Political, legal > Legal > International law
© 2012 www.DissertationTopic.Net  Mobile