The Relationship between Transparency and Administrative Liability in Comparative Law
Vincenzo De Falco
DOI: 10.17212/2075-0862-2022-14.1.2-291-303

The author considers the interrelationship between the legislative formalization of administrative responsibility and the acceptance or non-acceptance of the ethical and legal principle of transparency of power, understood as free access to information. The universality of the right to information is substantiated. The paper shows the transition of the legislation of various countries from the principle of secrecy of any information at the disposal of state bodies to the principle of transparency, considered as freedom of search, receipt and dissemination of information. This transition is shown in dynamics as going through several stages. The author considers various models of administrative responsibility adopted in various jurisdictions, mainly in European countries, in comparison with the American model. Their mutual influence is also taken into consideration. Much attention is paid to the need for the correct application of the principle of transparency. It is noted that the declarations underlying the new rules adopted recently cannot give real innovative effects if the reforms are not accompanied by changes in organizational structures and additional financial investments. At the same time, the completeness of the transition from the secrecy regime to the principle of transparency is determined by the legal traditions that have developed in different countries.

Legal Aspects of the Ethical Principle of Protecting Legitimate Expectations (on the example of South America)
Maddalena Zinzi
DOI: 10.17212/2075-0862-2022-14.1.2-304-316

The principle of legitimate expectations becomes a new limiter of administrative action, further strengthening the legal positions of the subject. The author shows that the principle of legitimate expectations is aimed at protecting the positions of the subject. This doctrine belongs to administrative law and is associated with the ethical principles of morality, loyalty and, above all, good faith. Influenced by the Spanish experience, this is now a widespread approach in South American countries where the doctrine of legitimate expectation is mentioned in administrative procedures. This is particularly relevant predominantly in the context of administrative actions. The author highlights the idea that in South America, legal practice directly points to the principle of good faith as an effective means of preventing a negative attitude towards an individual. The paper analyses the features of the application of this principle in such South American countries as Venezuela, Colombia, Brazil, Costa Rica, Peru, Bolivia and Uruguay. At the same time, the author notes that there are several factors that affect the operation of the principle, do not depend on normative acts, and may limit the protection of the legal positions of subjects. The most important of these is the process of transition to democracy, which is still ongoing in these countries and is strongly influenced by persistent primary dynamics such as the logic of so-called caudilism, idiosyncratic legal traditions and political practices, and complex and conflicting social, ethical and cultural contexts.