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- Title
Application of the Principle of Protection of Legitimate Expectations in Recovery of Unduly Paid Subsidies in the Context of Judicial Coherence in the European Union.
- Authors
Weisbrot, Marcin
- Abstract
This article addresses the principle of protection of legitimate expectations in the context of recovery of unduly paid sums, with particular emphasis on the role of this principle in domestic legal systems. The subject-matter constitutes part of the broader discussion on the judicial coherence in the European Union and the process of Europeanisation of public law. National courts and public bodies have to enforce the recovery based on EU and national law. It concerns different fields of Union law like common agriculture policy (CAP), structural funds as well as state aid. In this article I will argue that there has been a shift in jurisprudence to apply uniformly Union principles instead of national equivalents in CAP and structural funds. Simultaneously, this new line of case-law triggers a more restrictive interpretation of legitimate expectations on the grounds of effet utile, which in practice seems to exclude protection of beneficiaries vis-à-vis national bodies applying EU law and which is similar to state aid case-law. I claim that although better consistency and effectiveness in the enforcement may have been achieved, the stricter approach may undermine the value of trust and legal certainty in EU administrative law.
- Subjects
AUTHORITY; EUROPEAN Union; SUBSIDIES; EUROPEANIZATION; AGRICULTURAL policy
- Publication
Review of European Administrative Law, 2015, Vol 8, Issue 2, p347
- ISSN
1874-7981
- Publication type
Article
- DOI
10.7590/187479815X14465419060749