La extraterritorialidad de las actuaciones jurídico-administrativas de las comunidades autónomas

Abstract

Th e recognition of extraterritorial legal eff ects to the administrative actions of the Autonomous Communities is common in our legal system. Notwithstanding, the principle of territoriality governs the constitutional system of distribution of public power. In fact, up to four types of extraterritoriality can be identifi ed. In general terms, these legal phenomena share the same normative model and structural elements
with the principle of mutual recognition of European Law. Th e study shows that, leaving aside the nomen iuris, in both cases the recognition depends on the previous equivalence between legal orders, as well as the selection of the enforcing provision based on the criterion of the country of origin. Notwithstanding the above, there are several mutual recognition variants according to a gradation of automaticity/conditionality of the recognition action. Th e Constitutional Court Judgment 79/2017 has nevertheless denied this approach while analyzing the principle of national eff ectiveness established by the Guarantee of the Market Unit Act. Th is paper contests the Court’s thesis, identifying those mutual recognition variants which are not constitutional depending on the type of extraterritoriality.