Good faith and trust of the parties

Abstract

The good faith of those who place their trust in public power is a subjective right. The study criticizes the jurisprudence of the Council of State which not only qualifies the assignment as a “legitimate interest” but excludes it whenever the provision in which trust is placed is "manifestly illegitimate" or when the favorable provision is challenged by someone. The study also examines the issue of public administration entrustment proposing to abandon the theory of organic identification to enhance the emotional states of public officials, including trust, as necessary conditions for a redefinition of the organization and action of public powers.