European Public Law
Volume 31, Issue 1 (2025) pp. 1 – 16

Abstract

This special issue explores how national courts review foreign administrative acts within the EU’s integrated administration framework. It examines whether and how courts engage with transnational administrative acts arising from horizontal cooperation between Member States in fields such as taxation, migration, pharmaceuticals, and social security. While principles, such as territoriality and mutual trust, have historically constrained judicial review of foreign acts, recent case law from the Court of Justice of the EU suggests an evolving approach that mandates judicial scrutiny in certain cases to safeguard the right to an effective remedy under Article 47 of the Charter of Fundamental Rights. Through a comparative analysis of national court practices in six Member States (Germany, Greece, Italy, Portugal, Sweden, and France) this study identifies significant disparities in judicial engagement: some jurisdictions actively review foreign acts under EU law while others remain reluctant to do so. The findings highlight gaps in judicial protection and the emerging influence of mutual recognition and sincere cooperation principles. It concludes that while national courts are beginning to acknowledge their role in reviewing transnational administrative acts, inconsistencies in approach and limited case law suggest the need for further legal development and research to ensure effective judicial protection within the EU's integrated administration system.

Extract

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