The principle of legitimate expectations in Dutch constitutional and administrative law

Abstract

“An important function of the law is to provide certainty by making possible legitimate expectations”.1 “The law cannot be based on trust and expectations, however reasonable and fair they may be”.2 These are just two quotations from Dutch literature on the principle of legitimate expectations. Although there is a clear tension between the two quotations, both are nonetheless true. On the one hand, the law must offer certainty and constancy so that individuals can direct their actions accordingly. For this purpose laws are established and binding decisions are taken, and since these laws and decisions create legitimate expectations in the minds of individuals they cannot arbitrarily be amended or repealed later on. On the other hand, the law cannot be static because it has to give shape to a concept such as justice in a rapidly changing society. Our society expects government to pursue an ambitious environmental policy, to take far-reaching measures to combat unemployment, and to ensure that the EMU criteria are fulfilled. These wishes require continuous adjustment of the law.