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Europeanization of Legal Principles? The Influence of the CJEU’S Case Law on the Principle of Legitimate Expectations in the Netherlands and the United Kingdom

Europeanization of Legal Principles? The Influence of the CJEU’S Case Law on the Principle of... Europeanization, from a legal point of view, denotes the process by which national rules and structures are influenced by EU law and case law. Administrative law is a crucial field of law affected by the EU. The general principles of administrative law, developed in all Member States to safeguard the adherence to the rule of law by the government, are no exception to this. By examining the principle of legitimate expectations in two Member States, namely the Netherlands and the United Kingdom, this article reviews to what extent national legal principles have been influenced by the case law of the CJEU and whether the Court's interpretation is reflected in the corresponding national legal principles. This assessment is compared to the principle of legitimate expectations as developed by the CJEU, after which the influence of the Court on the possible (dis)similarities is discussed. In the second part, this paper reflects on the theory of legal autonomy and its portrayal of the Court as an integration actor, and its relation to the influence of the CJEU on the interpretation of legal principles. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Europeanization of Legal Principles? The Influence of the CJEU’S Case Law on the Principle of Legitimate Expectations in the Netherlands and the United Kingdom

European Public Law , Volume 19 (4) – Jan 21, 2013

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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1354-3725
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Abstract

Europeanization, from a legal point of view, denotes the process by which national rules and structures are influenced by EU law and case law. Administrative law is a crucial field of law affected by the EU. The general principles of administrative law, developed in all Member States to safeguard the adherence to the rule of law by the government, are no exception to this. By examining the principle of legitimate expectations in two Member States, namely the Netherlands and the United Kingdom, this article reviews to what extent national legal principles have been influenced by the case law of the CJEU and whether the Court's interpretation is reflected in the corresponding national legal principles. This assessment is compared to the principle of legitimate expectations as developed by the CJEU, after which the influence of the Court on the possible (dis)similarities is discussed. In the second part, this paper reflects on the theory of legal autonomy and its portrayal of the Court as an integration actor, and its relation to the influence of the CJEU on the interpretation of legal principles.

Journal

European Public LawKluwer Law International

Published: Jan 21, 2013

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