The paper explores the issue of judicial review of transnational administrative acts, particularly in cases where a national court is asked to assess the legality of an act issued by the administration of another State. While earlier legal scholarship appeared more open to the possibility of such review, contemporary doctrine increasingly emphasizes the principle of sovereign equality, which tends to pre- clude scrutiny of foreign administrative acts. The European admin- istrative space offers a model for reconciling the respect for sover- eign equality with the imperative of effective judicial protection. Nonetheless, the legal landscape remains complex and uncertain. It is therefore desirable for the Court of Justice of the European Union to provide guidance on how to balance the competing interests and values involved by transnational administrative acts.
IL SINDACATO GIURISDIZIONALE SUGLI ATTI AMMINISTRATIVI TRANSNAZIONALI / simone torricelli. - In: RIVISTA ITALIANA DI DIRITTO PUBBLICO COMUNITARIO. - ISSN 1121-404X. - STAMPA. - (2025), pp. 423-460.
IL SINDACATO GIURISDIZIONALE SUGLI ATTI AMMINISTRATIVI TRANSNAZIONALI
simone torricelli
2025
Abstract
The paper explores the issue of judicial review of transnational administrative acts, particularly in cases where a national court is asked to assess the legality of an act issued by the administration of another State. While earlier legal scholarship appeared more open to the possibility of such review, contemporary doctrine increasingly emphasizes the principle of sovereign equality, which tends to pre- clude scrutiny of foreign administrative acts. The European admin- istrative space offers a model for reconciling the respect for sover- eign equality with the imperative of effective judicial protection. Nonetheless, the legal landscape remains complex and uncertain. It is therefore desirable for the Court of Justice of the European Union to provide guidance on how to balance the competing interests and values involved by transnational administrative acts.I documenti in FLORE sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



