Abstract
Most countries recognise the notion of “administrative act” as an individual decision taken by a public authority to rule a specific case, submitted to public law and immediately enforceable and, in general, they also identified a foreign administrative act as the one issued by a foreign or international authority and submitted to foreign or international law. However, the existence of a international legal framework does not prevent the existence of broad differences on service, recognition and execution of these foreign administrative acts. It is necessary, to deepen the study of the transnational administrative act, paying special attention to how it affects the conception of the administrative act in different legal cultures and its potential impact on procedural rights and judicial guarantees of the recipients of such acts.
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Notes
- 1.
The Hungarian Administrative Procedure Code (APC) uses the term “administrative affaire”.
- 2.
Where, however, an Administrative Procedure Act is, currently, being drafted.
- 3.
The European Convention on the Service Abroad of Documents relating to Administrative Matters has only been ratified by eight countries (Spain, Belgium, France, Germany, Austria, Italy, Estonia and Luxembourg).
- 4.
That is the case, for example, of the Schengen Convention of 1990 that supplies the former Schengen Agreement, in the field of free movement of persons.
- 5.
Inter alia, Council Regulation (CE) 1348/2000, of 29 May 2000, on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters and Council Directive 2003/8/CE of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes.
- 6.
Signed on March 28, 1997 (Moscow). The contracting parties were: Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia and Tajikistan. Russia ratified the Convention with the proviso that it shall, in accordance with Article 3 of the Convention, receive and consider materials concerning violations of traffic rules provided in the Annex to the Convention.
- 7.
It was signed in Strasbourg on November 24, 1977, and entered into force on November 1, 1982. The Contracting parties were Austria, Belgium, Germany (FRG), Greece, Spain, Italy, Luxembourg, Malta, Portugal, France, Switzerland, and Estonia.
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Rodríguez-Arana Muñoz, J., García Pérez, M., Pernas García, J.J., Aymerich Cano, C. (2016). Foreign Administrative Acts: General Report. In: Rodríguez-Arana Muñoz, J. (eds) Recognition of Foreign Administrative Acts. Ius Comparatum - Global Studies in Comparative Law, vol 10. Springer, Cham. https://doi.org/10.1007/978-3-319-18974-1_1
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