Syllabus:
Introduction, foreign elements in administrative law, international administrative law as a “national” project. Emergence of mutual recognition of vaccination certificates as a demonstration.
International administrative law in the system of law, relations to international public law and to international private law, various approaches to the subject in the past.
Key topics of international administrative law I: What is lex loci extera? The territoriality and extraterritoriality of administrative law. Direct & indirect application of foreign administrative law.
Key topics of international administrative law II. Foreign elements in administrative law (foreign citizenship, foreign permits, diplomatic personel etc.)
Sources of international administrative law, international conventions, national law, EU law.
Direct application of foreign administrative law, cases & problems arising.
Indirect application of foreign administrative law I. – General problems of recognition of foreign administrative acts, the problem of qualification.
Indirect application of foreign administrative law II. – Recognition of foreign administrative law and the EU law.
Indirect application of foreign administrative law III. – Topical issues of recognition, judicial review, refusal to recognise.
Hard cases, foreign administrative authorities abroad and applicable law.
Course Goals:
Virtually each law student, studying abroad, has already encountered the practice of international administrative law. His/her identity is manifested by foreign ID, or passport, his/her right to drive a car is being demonstrated by a driving license issued by foreign State. Without even knowing this, by using of these certificates, foreign law (lex loci extera) is being applied abroad. This course aims to address basic feature of law, governing these processes.
Means of communication: Moodle
Annotation:
Foreign elements do regularly appear in the relations of administrative law – thus, the administrative authorities must cope with foreign driving licences, university diplomas issued by foreign universities, passports issued by other States, foreign vaccination certificates etc. A special branch of law has emerged to deal with the issues, which has been labelled as “international administrative law” (droit administratif international, diritto amministrativo internazionale, Internationales Verwaltungsrecht). This course will deal with both theoretical topics and with the issues of practical application of the provisions of international administrative law (in particular with respect to the recognition of foreign administrative acts). The course is opened for both Czech and Erasmus students.