Mutual Recognition in the Spanish Multi-level Administrative State
Forthcoming, Review of European Administrative Law (REALaw) 2020
24 Pages Posted: 7 Oct 2020
Date Written: March 24, 2020
Mutual recognition is a shorthand for the obligation of authorities of jurisdiction A to give effect to legal rules or acts passed by authorities of jurisdiction B. Thus, mutual recognition gives rise to cross-border effects of general or individual decisions. Such an obligation can arise from an agreement reached by those jurisdictions, or from a higher law that imposes it upon them. In this paper, I explore the role of mutual recognition between Spanish autonomous regions. The case of Spain is interesting from a comparative standpoint because regions enjoy important competences in the field of market regulation, the implementation of which can create risks in terms of market integration. These risks have traditionally been managed with the principles of cooperation and market unity. In 2013, the Spanish Parliament decided to go beyond that and passed a law establishing a region of origin rule. This was subsequently declared unconstitutional by the Constitutional Court, by virtue of the principle of regional autonomy under Article 2 of the Spanish Constitution. The story of Spain shows the scope, limits and constitutional problems of mutual recognition in a multilevel administrative State.
Keywords: Mutual recognition, Region of origin, Market fragmentation, Market Unity Act, Internal market, Administrative cooperation
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