La Administración del reconocimiento mutuo. Un análisis a partir de la libre circulación de profesionales... hasta la unidad de mercado

Abstract

The mutual recognition is a structural principle of the internal market that determines the terms in which the horizontal cooperative relations between national administrations take place. From this formal perspective, the principle has overcome its original conflictual legal nature, to assert their cooperative side, establishing rules for the «division of functions» between national authorities. In this paper the analysis takes as sectorial reference the free movement of professionals. This choice is not accidental, since the formal configuration of the principle has a decisive teleological orientation: the effectiveness of the freedoms of movement. That finalist element provides the basis for the reform of Administrative Law from an ex parte civium perspective whose premise is the choice of law in a context of competition between national legal orders. That decision, which exclusively corresponds to citizens holders of the rights recognized by the European Law, confers a decisive relevance to autonomy of the will, with consequences on the binding effect of legal provisions, or concerning the (non)exercise of powers as well as, in the framework of inter-administrative relationships, giving full effect to supranational administrative acts. Finally, the implementation of mutual recognition poses the generation of reverse discriminatory effects concerning similar domestic legal relationships. The avoidance of this consequence through voluntary expansion of mutual recognition is a solution that has been carried out to its ultimate expression with the Market Unity Act.