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CYIL 7 ȍ2016Ȏ
INTERNATIONAL ADMINISTRATIVE LAW AND ADMINISTRATIVE ACTS…
as established by Directive 2009/54,
68
the issuing of licences for the provision of air
transport services for passengers, post and/or goods pursuant to Regulation (EC)
1008/2008
69
as well as the authorisation for the exercise of credit-provision activities
according to Directive 2006/48.
70
As highlighted in particular by several German
scholars of administrative law (in particular by
Joachim Becker
,
71
Volker Nessler
72
and
Matthias Ruffert
73
),
the transnationality of an administrative decision can be
connected either to the effect itself (when a measure allows the recipient from one
particular Member State to exercise an activity also in another Member States), or
to the recipient itself (when the competent issuing authority and the recipient of the
measure are in two different Member States), or that connected to the issuing authority
(when a administrative authority can issue a measure or carry out an administrative
activity in the territory of another Member State). However, this listing is hardly to be
considered as exhaustive.
10. It is a matter of fact that apart from cases when so provided by a corresponding
international agreement or by an act of recognition,
74
other cases of horizontal
transterritorial effect have been rather rare. However, the cases of “transterritorial”
administrative decisions which are to be found in many provisions of EU law do
represent a considerable challenge in this respect. The fact is that, while having
transterritorial effects, these acts still remain administrative acts issued and regulated
by national administrative law. Consequently, even when having effects also in the
territory of another state, it is basically the public order of the “domestic” state which
governs them. Consequently, the state is obliged (by directly applicable provision of
the EU law) to tolerate effects of foreign administrative decisions on his sovereign
territory, without having power to accept such effects by a formal recognition, or by
participating at the applicable administrative proceedings. Naturally, this fact opens
the doors for discussions on common EU code of administrative proceedings.
75
68
Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the
exploitation and marketing of natural mineral waters.
69
Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008
on common rules for the operation of air services in the Community.
70
Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the
taking up and pursuit of the business of credit institutions.
71
BECKER, J.
Der transnationale Verwaltungsakt
, Deutsches Verwaltungsblatt, 2001, pp. 855
et seq.
72
NESSLER, V.
Der transnationale Verwaltungsakt
, Neue Zeitschrift für Verwaltungsrecht, 1995, pp. 863
et seq.
73
RUFFERT, M.
Der transnationale Verwaltungsakt
, Die Verwaltung, 2001, pp. 453
et seq.
74
RUFFERT, M.
Recognition of Foreign Legislative and Administrative Act
, in: WOLFRUM, R.
(ed.)
Max
Planck Encyclopedia of Public International Law
, Oxford University Press, Oxford, 2008, pp. 567
et seq.
75
MEUWESE, A., SCHUURMANS, V., VOERMANS, W.
Towards a European Administrative
Procedure Act,
Review of European Administrative Law
, 2009, pp. 3
et seq
.