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Abstract: The issue of review byFrench administrative courts of acts of foreign administrative authorities isancient, but has been revived in the context of the European Union. Secondarylegislation adopted under various competences of the EU (internal market,Schengen area, environment…), use the technique of transnational administrativeacts and thus calls into question the principle of material territoriality ofadministrative law. Nevertheless, the French administrative courts remainattached to the principle of formal territoriality and are very reluctant toensure the indirect control of administrative acts of foreign authorities. However,this solution will have to change in order to guarantee the right to effectivejudicial protection.Volume 31 Online ISSN 1354-3725 PubDate: Tue, 01 Apr 2025 00:01:06 GMT Issue No:Vol. 31 (2025)
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Abstract: The following paperpresents how foreign administrative acts are classified in the Greek legalorder and how Greek administrative courts treat them upon judicial review. Itdemonstrates that Greek courts exercise judicial restraint when being facedwith transnational administrative acts and proceed with a review only in casesof evident legal ‘inexistence’ of an act or in cases where the EU secondarylaw, as interpreted by the CJEU case-law, allows such review.Volume 31 Online ISSN 1354-3725 PubDate: Tue, 01 Apr 2025 00:01:06 GMT Issue No:Vol. 31 (2025)
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Abstract: This article examinesthe treatment of foreign administrative acts by Portuguese administrativecourts, focusing on their judicial review in the context of EU law. Despiteacademic recognition of the increasing transnational nature of administrativelaw, Portuguese case law on this issue remains limited. The study explores thelegal framework governing administrative acts in Portugal and analyzes relevantcase law, particularly in tax enforcement. Findings reveal that Portuguesecourts generally uphold the principle of territoriality, often refraining fromreviewing foreign administrative decisions, even when EU law permits suchscrutiny. The study highlights inconsistencies between national jurisprudenceand recent Court of Justice of the European Union rulings, particularlyregarding the right to judicial protection under Article 47 of the EU Charter.The article concludes that, despite theoretical advancements in Portugueselegal scholarship, judicial practice remains cautious, potentially leaving gapsin legal protection. Future research should explore whether Portuguese courtswill align with evolving EU principles on transnational judicial reviewVolume 31 Online ISSN 1354-3725 PubDate: Tue, 01 Apr 2025 00:01:06 GMT Issue No:Vol. 31 (2025)
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Abstract: Horizontal cooperationin EU law has created ‘transnational administrative acts’, whose legal effectsunfold not only in the issuing Member State, but also in other Member States ofthe EU. The European legal system of horizontal cooperation and sharedadministration is increasingly dependent on the mutual recognition of foreignadministrative acts. At the same time, however, territorial extension of thelegal effects of these administrative acts limits the legal remedies availableto the parties outside of the issuing state. In Germany, the issue oftransnational administrative action has been studied extensively in legalscience since the early 2000s. On the basis of selected case law from thereference areas ‘genetically modified organisms’, ‘pharmaceuticals’, ‘asylum,migration and visa’, ‘European driving licences’ ‘taxes’ and ‘social security’,the following analysis will present, how German courts treat foreignadministrative acts with transnational effects. The study will be structured inline with the categorization of transnational administrative acts, which hasemerged in German scholarly literature.Volume 31 Online ISSN 1354-3725 PubDate: Tue, 01 Apr 2025 00:01:06 GMT Issue No:Vol. 31 (2025)
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Abstract: Under various forms ofinternational cooperation, especially EU law, Swedish authorities are obligedto recognise foreign administrative decisions. The point of departure underSwedish law is that foreign administrative decisions have no legal status assuch, but need to be recognised in Swedish law. In Swedish legal discourse, itis clear that foreign decisions are regarded as matters of ‘law’ and not only‘facts’. There is some scope for Swedish authorities to review the foreigndecision in relation to public international law, EU law, or Swedishconstitutional law. However, this kind of review is seemingly unusual, as thereare no clear examples in the case law of the Swedish courts of precedent. Theoverall picture is that Swedish law has accepted the recognition regimeswithout controversies. This may be explained by the Swedish legal culture, withits focus on written law, adopted by the democratically legitimate legislator.Volume 31 Online ISSN 1354-3725 PubDate: Tue, 01 Apr 2025 00:01:06 GMT Issue No:Vol. 31 (2025)
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Abstract: This special issueexplores how national courts review foreign administrative acts within the EU’sintegrated administration framework. It examines whether and how courts engagewith transnational administrative acts arising from horizontal cooperationbetween Member States in fields such as taxation, migration, pharmaceuticals,and social security. While principles, such as territoriality and mutual trust,have historically constrained judicial review of foreign acts, recent case lawfrom the Court of Justice of the EU suggests an evolving approach that mandatesjudicial scrutiny in certain cases to safeguard the right to an effectiveremedy under Article 47 of the Charter of Fundamental Rights. Through acomparative analysis of national court practices in six Member States (Germany,Greece, Italy, Portugal, Sweden, and France) this study identifies significantdisparities in judicial engagement: some jurisdictions actively review foreignacts under EU law while others remain reluctant to do so. The findingshighlight gaps in judicial protection and the emerging influence of mutualrecognition and sincere cooperation principles. It concludes that whilenational courts are beginning to acknowledge their role in reviewingtransnational administrative acts, inconsistencies in approach and limited caselaw suggest the need for further legal development and research to ensureeffective judicial protection within the EU's integrated administration system.Volume 31 Online ISSN 1354-3725 PubDate: Tue, 01 Apr 2025 00:01:06 GMT Issue No:Vol. 31 (2025)
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