Defence of an EU member state against the effects of transnational administrative acts

Radomír Jakab ()
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Radomír Jakab: Associate Professor at Faculty of Law, University of Pavol Jozef Safarik in Kosice, Slovakia

Juridical Tribune - Review of Comparative and International Law, 2020, vol. 10, issue Special Issue, 32-48

Abstract: A characteristic feature of transnational administrative acts is that their effects extend beyond the borders of the issuing State, i.e., they have also effects in the territory of other States. It is one of the institutes that is also used within the European Union to harmonise the activities of the Member States at the application level, too. It represents the so-called horizontal form of harmonisation. The aim of this paper is to analyse possible ways of defence of the Member State concerned against the effects of a transnational administrative act issued by another Member State. In addition, the paper also includes a debate about the new concept of such defence in European Union legislation. In preparing this paper, the basic methods of scientific research were used, consisting in the analysis of the current legal regulation of transnational administrative acts in European Union law, the synthesis of common features and groups of possible means of defence, and subsequently the description of possible proposals de lege ferenda for better legislation. The author concludes that in the current legislation there are several different ways of defence of a Member State against the effects of transnational administrative acts and also formulates his proposals for the unification of possible procedural defence.

Keywords: Transnational administrative act; transnationality; European Union; mutual recognition. (search for similar items in EconPapers)
JEL-codes: K23 K33 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:10:y:2020:i:special:issue:p:32-48

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