Luis Arroyo Jiménez

The Europeanisation of Spanish Administrative Law through the Principle of Legitimate Expectations

by Gabriel Doménech-Pascual and Luis Arroyo Jiménez

Review of Administrative Law (REALaw), 2020

This article explores the Europeanisation of Spanish administrative law as a result of the influe... more This article explores the Europeanisation of Spanish administrative law as a result of the influence of the EU law general principle of legitimate expectations. It examines, first, whether the formal incorporation of the principle of legitimate expectations into nationallegislation and case law has modified the substance of the latter, and, if so, second, whether this has led to a weaker or to a more robust protection of the stability of the legalstatus quo. To carry out that examination, the article considers the influence of the principle of legitimate expectations in two different areas: in individual administrative decision-making, and in legislative and administrative rule-making. Our conclusion is that the Europeanisation of Spanish administrative law through the principle of legitimate expectations has been variable and ambiguous.

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