La cooperación jurídica en la Unión Europea en controversias sometidas a derecho administrativo

Authors

  • Jorge Agudo González Universidad Autónoma de Madrid

DOI:

https://doi.org/10.18042/cepc/rap.215.03

Abstract

The existence of transnational disputes in the internal market is a frequent legal

phenomenon. Unlike transnational administrative cooperation mechanisms –such

as those based on the principle of mutual recognition-, there is not anything similar

in the jurisdictional framework. The singularities of administrative justice and the

national fragmentation of jurisdictions are causes of this situation. That is the reason

why in administrative matters there are not secondary EU legislation intended to

strengthen legal cooperation, as it happens in civil or criminal matters. However, in

complex disputes such as those mentioned above, precisely due to the absence of such

cooperation, limitations may arise which infringe various aspects of the right to an

effective remedy. This paper departs from a maximization of the aforementioned fundamental

right and an interpretation in accordance with the requirements of EU law.

To such extent, the paper proposes an interpretation of our procedural law favorable

to legal cooperation between courts of the different Member States.

 

Published

2021-07-28

Issue

Section

STUDIES