The Europeanisation of the Law on Legitimate Expectations

The Europeanisation of the Law on Legitimate Expectations
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Total Pages : 87
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ISBN-10 : OCLC:1088475029
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Book Synopsis The Europeanisation of the Law on Legitimate Expectations by : Esther Drabkin-Reiter

Download or read book The Europeanisation of the Law on Legitimate Expectations written by Esther Drabkin-Reiter and published by . This book was released on 2016 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis considers the Europeanisation of English administrative law, in the specific context of the principle of protection of legitimate expectations. It assesses whether, how and to what extent the way in which the way in which legitimate expectations are protected in EU law has influenced the protection of legitimate expectations in English law. To make this assessment, a thorough analysis is conducted of case law in both jurisdictions. The thesis is structured into five main Chapters. Chapter A provides an introduction and looks at some general issues surrounding the concept of legitimate expectation, including which expectations are protectable and what is meant by legitimacy. Chapter B traces the development of the protection of legitimate expectations in English and EU law, and considers certain particular features in more detail for each jurisdiction, with the aim of establishing some parameters against which more recent case law can be tested and compared. In Chapter C an in-depth analysis of recent case law of the English courts, both falling within and outside the scope of EU law, is undertaken, and comparisons are drawn between these cases and with the traditional position of EU law on the protection of legitimate expectations. Chapter D contains a similar analysis in respect of recent cases of the Court of Justice of the European Union. Finally, Chapter E draws these analyses together and concludes that while there is limited convergence in the way English and EU courts approach the protection of legitimate expectations, both jurisdictions remain wary of external influence.


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