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Home » Archive » Acts Of Administrative Assurance: Nature And Effects

Mladen Mladenov
Acts Of Administrative Assurance: Nature And Effects
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This article considers a particular type of measures taken by public authorities; that can be called “Acts of Administrative Assurance”. In its essence, this type of measures is characterized by the following elements: i) a public authority, ii) adopts an act with the goal of providing for its future conduct, iii) concerning procedures affecting the same type of substantive interests protected by the law. The Principle of Protection of Legitimate Expectations as a base of such legal concept is examined accordingly. The next step is to distinguish ‘typical’ and ‘atypical’ Acts of Administrative Assurance, on the basis of a quick comparative analysis of both the legislations of some European countries and their judicial practice. De lege ferenda proposals are grounded in three possible methods of approaches – EU legislation, national general administrative procedural legislation and national sector-specific legislation. Conclusions about legal nature, legal origin, legal ground, legal significance, legal idea and legal effect of the Act of Administrative Assurance are also drawn in the end of the article.

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