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Recognition of foreign administrative decisions

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Author

Summary, in English

In public international law, EU law, and national law there are numerous rules and principles stipulating the recognition of foreign administrative decisions. The article explores duties to recognise foreign administrative decisions, the possible limitations of such duties and the handling of cases involving recognition. Recognition of a foreign administrative decision means a form of transfer of public power from one state to another in an individual case. In this way, the traditional limitation of administrative law to the state and its territory becomes less important. Issues related to recognition of foreign administrative decisions could be understood as a balancing of interests between the involved legal orders and the affected individuals. The article puts forward a categorisation of recognition mechanisms in the light of this balancing of interests. It is concluded that the degrees of transfer of public power through the different recognition mechanisms make it possible for legislators and legal decision-makers to find an appropriate level of cooperation.

Publishing year

2011

Language

English

Pages

755-785

Publication/Series

Zeitschrift für ausländisches öffentliches Recht und Völkerrecht : Heidelberg journal of international law

Volume

71

Issue

4

Document type

Journal article

Publisher

C.H. Beck

Topic

  • Law

Keywords

  • administrative cooperation
  • international administrative law
  • global administrative law
  • internationalisation
  • administrative law
  • EU law
  • international law
  • recognition
  • balancing of interests
  • mutual trust
  • förvaltningsrätt
  • EU-rätt
  • offentlig rätt
  • public law

Status

Published

Research group

  • Public Law

ISBN/ISSN/Other

  • ISSN: 0044-2348