1 Amendments of Marian HARKIN related to 2008/2248(INI)
Amendment 71 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Requests the Spanish authorities to make sure that no administrative act that would oblige a citizen to cede legitimately acquired private property would find its legal base in a law which has been adopted after the construction date of the abovementioned property. This would indeed infringe the principle of non- retroactivity of administrative acts which is a general principle of Community law (ECJ, January 29th 1985, Gesamthochschule Duisburg, 234/83, p. 333) and guarantees for the citizens legal certainty, confidence and legitimate expectations of the protection within EU law;