Il principio di affidamento e la sua tutela nei confronti della pubblica amministrazione. Dell'albero e del ramo

The protection of legitimate expectations of citizens confronting a public administration is now perceived as crucial, following the European law experience; hence a precise definition has become necessary. Protecting legitimate expectations of citizens in relation to public administrations’ activity is, in principle, the same as protecting them in relation to legislative activity. It actually means to protect the citizen against the possible instability of a future administrative action. It forces to take into consideration and to balance the citizen’s interests with opposite exigencies of change in the administration activity. However they differ in relation to the form of the protection, because it is trough his legitimate interest that that the citizen can have its legitimate expectations protected: moreover, compensation is often provided for as far as public administrations are concerned because his interests have been hindered. But also they differ in relation to the time aspect. As in the case of administrative expectations are concerned, stability is less relevant because of the administrative procedure. Moreover legitimate expectations can draw on an unlawful act or a lawful act and in this case they assume a procedural nature. Constitutional and administrative legitimate expectations are consequently different; hence, a relevant feature of the principle can be addressed, namely that it is particularly sensitive and adaptable to the context