Selected problems of changes in EU and national legislation in the perspective of the principles of legitimate expectations and legal certainty

Abstract

This article addresses selected problems related to the complex topic of changes in EU and national legislation. The considerations contained in the article focus on the so-called previous effectiveness of an EU directive and on the retroactivity of (ordinary) laws passed by EU Member States. The research perspective concentrates on the functioning of these institutions in the face of the principles of legitimate expectations and legal certainty. The article utilizes primarily and predominantly the analytical method, as well as the empirical method, making use of the extensive case law of the EU Court of Justice and the Supreme Administrative Court. As a result of the research, it shall be stated that, first and foremost, the source of legitimate expectations of an individual cannot be an EU directive during the transposition thereof in an EU Member State. Secondly, the principle of legal certainty is not precluded by the exceptional retroactive effect of a normative act, due to the need to protect the public interest, provided that legitimate expectations of individuals are guaranteed.