Teisėtų lūkesčių apsauga Europos Žmogaus Teisių Teismo praktikoje

ENThe article considers the ways in which the notion “legitimate expectations” is interpreted and applied in the case law of the European Court of Human Rights. Part I of the article begins with the evolution of the concept of legitimate expectations and its main features. The focus in Part II shifts to the main principles guiding the judicial review concerning the protection of legitimate expectations as they have been developed by the European Court of Human Rights. It is claimed that the Court applies a legal test that involves a two-stage inquiry. First, it is established whether the expectations of the individual have a solid basis to be recognized as legitimate. Meanwhile, at the second stage the Court will inquire whether the interference with the peaceful enjoyment of possessions is proportionate and there is some overriding public interest justifying the defeat of legitimate expectations. Having analysed the genesis and the main features of the concept of legitimate expectations, it is demonstrated that there are two elements at the core of the concept. Legitimate expectations are recognized as a constituent part of the property. They also appear as a part in justification test, mainly in assessing whether the interference by a public authority with the peaceful enjoyment of possessions is proportionate. The overview of these elements leads the author to conclude that in the case law of the European Court of Human Rights the protection of legitimate expectations is applied in an extensive manner. Meanwhile, the scope of the protection provided by the doctrine is primarily determined by the assessment of good faith of the person concerned. [From the publication]