Summary

The Estonian positive law does not regulate issues concerning invalidation of administrative legislation. This article examines the general bases in substantive law for the invalidation of administrative legislation and offers solutions based on the general principles of law. The most crucial criterion in the assessment of the permissibility of the invalidation of administrative legislation is the legality of such legislation. Apart from lawful and unlawful administrative legislation, the author distinguishes legislation which becomes unlawful after its adoption. Further, upon the invalidation of administrative legislation, account should be taken of the effect of the legislation on the addressee. Hence arises a conflict between two principles: the legality of administrative legislation and lawful expectations of the administration. The author is of the opinion that this conflict cannot be resolved unequivocally; the main criterion to be followed should be consideration of the weight of the principles on a case by case basis.