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Is there an EU international administrative law? A juristic delusion revisited

Publication at Faculty of Law |
2020

Abstract

International administrative law emerged in legal scholarship as a kind of parallel to international private law. While international private law constitutes an integral part of private law, international administrative law represents a special discipline of administrative law, providing norms for relations with foreign elements.

These norms are referred to as "delimiting norms" in legal scholarship. Governing various aspects of legal relations, both international private law and international administrative law share a common characteristic: both have emerged and been traditionally perceived as national projects.

Emergence of an 'union of composite administration' within the European union trigger the question of whether we can also identify similar processes regarding international administrative law. Reflecting the classical thesis that international administrative law represents a special branch of domestic administrative law, this article argues that the sources of EU administrative law provide for a comprehensive set of delimiting rules, which can be labelled as an 'EU international administrative law.