Reflections on the Concept of "Legitimate Expectation": Aspects of European Law and National Law

Abstract

This paper explores the concept of "legitimate expectation" in the law of the Republic of Moldova, as well as in European law, particularly in European human rights law. The article first examines how this concept is addressed in the European Convention on Human Rights and Fundamental Freedoms and, accordingly, in the jurisprudence of the European Court of Human Rights, which protects it as a "possession." Next, it explores how the concept is implemented—under the influence of ECtHR jurisprudence—into national case law, especially that of the Constitutional Court of the Republic of Moldova. Even though the phrase "legitimate expectation" is not explicitly used in the Civil Code of the Republic of Moldova, the notion implicitly appears in various legal provisions. The paper concludes by analyzing specific applications of this concept within the framework of the Civil Code. KEYWORDS: legitimate expectation, good, property right, real rights, constitutional jurisprudence, non-performance of obligations, recovery of damages