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.
Last update: prof. JUDr. Jakub Handrlica, LL.M., Ph.D., DSc. (03.02.2022)
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 nationals participating in administrative proceedings, facts that occurred abroad with relevance to inland (foreign incomes in tax law) 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.
Literature - Czech
Last update: prof. JUDr. Jakub Handrlica, LL.M., Ph.D., DSc. (20.12.2018)
Obligatory:
Presentations & articles delivered at the lectures.
Requirements to the exam -
Last update: Ing. Svatava Marešová (04.01.2023)
Exam:
Written exam, which is composed of theoretical questions and a practical case, which is to be solved.
Last update: prof. JUDr. Jakub Handrlica, LL.M., Ph.D., DSc. (03.02.2022)
Written exam in moodle/ or in prson (depending on the circumstances).
Syllabus -
Last update: Ing. Svatava Marešová (04.01.2023)
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
Last update: prof. JUDr. Jakub Handrlica, LL.M., Ph.D., DSc. (03.02.2022)
Programme of the lectures:
1. Introduction, foreign elements in administrative law, international administrative law as a “national” project (16th February 2022, 4.00 PM).
2. 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 (23th February 2022, 4.00 PM).
3. Key topics of international administrative law, the territoriality of administrative law, direct & indirect application of foreign administrative aw (2nd March 2022, 4.00 PM).
4. Sources of international administrative law, international conventions, national law, EU law (14th March 2022, 4.00 PM).
5. Direct application of foreign administrative law, cases & problems arising (21th March 2022, 4.00 PM).
6. Indirect application of foreign administrative law I. – General problems of recognition of foreign administrative acts, the problem of qualification (30th March 2022, 4.00 PM).
7. Indirect application of foreign administrative law II. – Recognition of foreign administrative law and the EU law (4th April 2022, 4.00 PM).
8. Indirect application of foreign administrative law III. – Topical issues of recognition, judicial review, refusal to recognise (27th April 2022, 4.00 PM).
9. Written Exam (18th May 2022, 4.00, in moodle/ or in person).
