Application of the principle of legal significance when considering administrative cases

Abstract

The principle is the starting point for the analysis, interpretation and application of any system. The principle is substantiated by the fact that in the administrative sphere it is common to change the interpretation of certain legal norms with a corresponding change of orientation, which has a normative character, affecting situations that are already recognized and enshrined in force. The increasing proclamation of the principle of legal certainty, which is becoming more and more widespread, sometimes creates exaggerations, sometimes unjustified risks, which imposes its delimitation in accordance with the current legal order. Thus, through dogmatic analysis, it is proposed to classify the content of the principle of legal certainty into two conceptual cores, namely: certainty and stability. In this aspect, the validity of legal norms, effective projection and content of legal norms is considered, while the institutions of acquired law, perfect legal act and res judicata, the subprinciple of protection of legitimate expectations with their respective manifestations are studied under the prism of stability.
 The principle of legal certainty, also known as the principle of legitimate expectations (protection of trust), is one of the basic sub-principles of the rule of law, which is one of the most important principles of common law. The principle of legal certainty or stability of legal relations prevents unjustified deconstitution of legal acts or situations, even if at the time of its constitution there was a discrepancy with the legal text. Thus, the importance of legal certainty is aimed at protecting the expectations of citizens, ie the public manager must use past practices and precedents of public administration, which made possible and created expectations of citizens. The principle of legal certainty presupposes the existence of a coherent mechanism capable of ensuring the rule of law and serving as a standard for legislation and the judiciary. In a broad sense, the principle of legal certainty is a set of requirements for the organization and functioning of the legal system in order to ensure primarily a stable legal position of the individual by improving the processes of lawmaking and law enforcement.