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Recognition of foreign administrative decisions

Wenander, Henrik LU (2011) In Zeitschrift für ausländisches öffentliches Recht und Völkerrecht : Heidelberg journal of international law 71(4). p.755-785
Abstract (Swedish)
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... (More)
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. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
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
in
Zeitschrift für ausländisches öffentliches Recht und Völkerrecht : Heidelberg journal of international law
volume
71
issue
4
pages
755 - 785
publisher
Verlag C.H. Beck
ISSN
0044-2348
language
English
LU publication?
yes
id
13fab99c-bd0b-477e-993a-d4eb7d543e51 (old id 2342403)
alternative location
http://www.zaoerv.de/
date added to LUP
2012-02-15 13:17:01
date last changed
2016-04-15 21:56:10
@article{13fab99c-bd0b-477e-993a-d4eb7d543e51,
  abstract     = {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.},
  author       = {Wenander, Henrik},
  issn         = {0044-2348},
  keyword      = {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},
  language     = {eng},
  number       = {4},
  pages        = {755--785},
  publisher    = {Verlag C.H. Beck},
  series       = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht : Heidelberg journal of international law },
  title        = {Recognition of foreign administrative decisions},
  volume       = {71},
  year         = {2011},
}