LEGITIMATE EXPECTATIONS IN SPATIAL PLANNING AND BUILDING

Abstract

The principle of the legality of administration is valid today in its strict or
narrow form. Therefore, the administrative bodies are obliged to act in a way
determined by the law and by-laws. When it comes to the point when certain change
in legislation is necessary, such as situations when an old regulation (spatial plan)
is put out of force, one should bear in mind that there is a possibility that new
legislation is less favourable for some citizens. In other words, it can be said that
the affected party, as a consequence, may suffer certain damage.
Due to such situations, the principle of legitimate expectations has
developed and is widely recognized in the European countries. The principle of
legitimate expectations is often linked to the principle of legal certainty. Both
principles, and the principle of acquired rights of the parties are recognized in the
practice of the Court of the European Union, the practice of the European Court of
Human Rights, and the practice of the Constitutional Court of the Republic of
Croatia. Hence, in situations of amending legislation, local governments should
take into the account the protection of legitimate expectations based on valid
regulations.
The aim of the paper is to research possible basis for the principle of
legitimate expectations in spatial planning and building. The second aim of the
paper is to research if there is a possibility for compensation if a lawful general act
(spatial plan) is revoked or repealed. The aim of the paper is also to detect European
countries which apply planning compensation