Deterritorialization in Administrative Law: Exploring Transnational Administrative Decisions

Angelos S. Gerontas 

Free University of Berlin (FUB) - Department of Law
December 12, 2013

Columbia Journal of European Law, Vol. 19, No. 3, 2013 
Abstract:      

Even though transboundary administrative cooperation procedures have gradually increased in breadth and complexity over time, transnational administrative decisions, a major legal instrument of the deterritorialization of administrative law, have not been systematically explored. Drawing on both EU and international law, this Article offers a conceptual framework of the legal instrument of transnational administrative decision and distinguishes it from other forms of deterritorialization in administrative law. To explore how foreign administrative decisions intervene in a domestic legal order, the Article presents a three-pronged classification of transnational administrative decisions on the basis of legal criteria: 1) the origin of their transnational effects under international or under EU law, 2) their normative foundation, and 3) their reviewability from national administrative authorities and national courts.

Number of Pages in PDF File: 65

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2367124