EL PRINCIPIO DE CONFIANZA LEGÍTIMA COMO CRITERIO PONDERATIVO DE LA ACTIVIDAD DISCRECIONAL DE LA ADMINISTRACIÓN PÚBLICA

Abstract

The principle of legitimate confidence is accepted by the jurisprudence of the Spanish Courts by effect of the jurisprudence Court of Justice of the European Communities. Later it’is introduced in the Law 30/1992 of administrative Procedure in the article 3.1 close to the principle of good faith in the legislative reform of that Law in the year 1999. It’s significant that so much principle of good faith since as the confidence principle legitimizes have been introduced simultaneously in the Law 30/1992 of Administrative Procedure. I interpret these additions not only as consequence of the jurisprudence of the CJEC also as proof of a spiritualism that beats in the general Principles of the right and in Spanish jurisprudence and that have reached to the legislative Power turning into rules. To similarity since it happened with the principle of good faith in the Law of Civil Prosecution, in the article 247. With these precedents legislated Spanish has provided both to the Public Administration and to the Courts of powerful creative tools to control the arbitrariness of the power of the State. The principle of legitimate confidence derives from the principle of juridical safety gathered in the article 9.3 from the Spanish Constitution and the importance of all of them constructs an ideal platform to interpret the legislation towards the protection of the persons opposite to the unforeseeable administrative action, well it is towards the citizens, good is towards the civil servants.