Giacinto della Cananea
Legitimate expectations in European and Italian law
I. As Paul Craig observed some years ago in a seminal article on legitimate expectations, the role played by this concept has been the subject of much comment in Europe. This does not regard only the literature dealing with the concept of legitimate expectations in the European Community, but also that of Germany, where the concept was elaborated (an accurate analysis was carried out by Hermann-Josef Blanke, Vertrauenshutz in deutschen und europäischen Verwaltungsrecht, 2005). It regards, too, other countries such as Italy and the United Kingdom, where an equivalent principle did not exist. In the UK, it was only after the accession to the EC that such a concept was elaborated by the courts. Initially it was translated as “protection of legitimate confidence”, similarly to the French concept of “confiance légitime”. This term was later regarded as imprecise. Accordingly, it was replaced with the term “expectation”.