Autori: Bernardo Giorgio Mattarella
Anno pubblicazione: 2011
Categoria: Contributo in Volume
Rivista/Libro: Global Administrative Law and European Administrative Law. Relationships, Legal Issues and Comparison
Luogo di pubblicazione: BERLIN/HEIDELBERG/NEW YORK
Pagina iniziale: 61
Pagina finale: 85
Abstract: This essay compares the ways in which the EU and global law influence national administrative decisions. It uses the theory of administrative act, very important for the legal scholarship of many European countries but usually neglected by the global administrative law one, to discuss some legal issues concerning the relations between the law beyond the state and the national one. The scope of the influence of EU and global law is first examined, showing several similarities between them. The techniques of influence are then investigated, distinguishing between the instruments for the EU law supremacy and the diverse global law devices. Finally, some controversial issues are discussed and some conclusions drawn, concerning the concept of administrative act, the rule of law and democracy. Overall, the analysis of the facets and instruments of influence displays relevant differences but also a remarkable convergence between the EU and global law, also testing the ability of traditional legal concepts and theories to adjust to the law beyond the state.