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Application of Foreign Public Law by Administrative Authorities

Publication at Faculty of Law |
2020

Abstract

While the application offoreign law inthe matters ofcivil law has been traditionally addressed bylegal scholarship, the issue ofapplication offoreign law byadministrative authorities when deciding the matters ofpublic law has remained anenigma. The reason ofthis divergence iscrystal clear: The States have traditionally accepted application offoreign civil law inthe matters ofcivil law, asthey considered civil law existing invarious jurisdictions being equal.

Oncontrary, such equality has not been accepted inthe matters ofpublic law and the States have required application ofmunicipal administrative law while deciding the matters ofpublic law. However, even under this constellation, one may identify several cases, where our municipal law requires that anadministrative authority applies foreign administrative law.

Fact is, that these cases also imply anumber ofapplication problems arising