Towards global Administrative Law
The increase in administrative relations between different States and the proliferation of international organizations of all kinds has generated the need to regulate and control the area of Global Administrative Law in the medium to long term. This is one of the major concerns seen by experts in this practice area from the leading law firms in Spain belonging to the Administrative Regulation Forum.
The issue has arisen particularly in light of the numerous international entities comprised of officers and top level public servants, instead of diplomats or politicians, with the same roles as administrative entities (relating to fishing, medicines, environmental issues, etc.), that are not sufficiently accountable for their activities.
This has resulted in the need to create a Global Administrative Legal System at an international level, as a way of dealing with new situations, such as the development of international organizations of an administrative nature, the increase in the number of transnational situations and administrative extraterritoriality. A form of common international heritage of Administrative Law is being developed, with certain principles and models that have become common guidelines on administrative rights and the rule of law: administrative democracy, good administration, legitimate trust, etc.
From a more practical perspective with respect to the European Union, the intention is to deal with the concerns that arise in this area of law relating to issues such as the application of Services Directives, development of cross-border administrative entities and the increasing international circulation of public data. In short, the need to create the concept of a “European administrative area” and build a system to handle cross-border international situations: the equivalent of Private International Law, but applicable to cases of Public Law.
Garrigues Department of Administrative Law