By Jaime Rodríguez-Arana Munoz
This e-book offers an research of the concept that of the executive act and its type as ‘foreign’, and reports the executive method for adopting administrative acts in quite a number nations in and out of doors Europe. whereas concentrating on the popularity and execution of international administrative acts, the publication examines the validity, efficacy and enforceability of international administrative acts at nationwide point. The booklet begins with a basic research of the problem, supplying basic conclusions concerning the stories in several international locations. It then analyses the aforementioned subject matters from the point of view of the household legislations of other eu countries and a few foreign companies (European Union, MERCOSUR, and Andean Community). furthermore, the ebook reports the function of the eu Union within the growth in the direction of the popularity and execution of international administrative acts, the place the main of mutual attractiveness performs an integral part. ultimately, the ebook analyses the overseas conventions at the popularity and execution of administrative acts and at the legalisation of public documents.
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Extra resources for Recognition of Foreign Administrative Acts
Sample text
16. J. Pernas García member states to recognize foreign administrative acts and to limit their objecting capacity to goods circulation or authorized services by the Member States. This model of mutual recognition eliminates or limits, in consequence, the wide margin of discretion that characterizes the national recognition procedures of administrative acts, in those areas where the internal market is pursued. 40 Yet the EU rules recognize to a certain extent a space for the States to limit the effects of mutual recognition, refusing the recognition of administrative acts when overriding reasons of general interest are at risk, such as security or public health.
40 Yet the EU rules recognize to a certain extent a space for the States to limit the effects of mutual recognition, refusing the recognition of administrative acts when overriding reasons of general interest are at risk, such as security or public health. Nevertheless, States are bound by the obligation to respect the principle of proportionality. 42 As Stelkens and Mirschberger43 have pointed out, EU law does not question the monopoly of a State in the judicial review of administrative acts. 44 Member States “(…) may not consider themselves authorised to unilaterally adopt corrective or defensive measures to guard itself against a possible breach, 39 Della Cananea, Giacinto, From the recognition of foreign acts to trans-national administrative procedures.
Problems similar to those analysed so far arise with regard to transnational administrative acts. We can speak in this case 52 Idem, p. 26. Bocanegra Sierra and García Luengo consider that “this is so because if the act could be arraigned by each national legislation and the organs of each State, the actual purpose of the transnational effectiveness (avoid the multiplication of procedures and contradictory resolutions) could become completely blurred if the act is declared effective by certain judicial systems and ineffective by others” (idem, p.