La cooperación jurídica en la Unión Europea en controversias sometidas a derecho administrativo

Abstract

The existence of transnational disputes in the internal market is a frequent legal phenomenon. Unlike transnational administrative cooperation mechanisms –such as those based on the principle of mutual recognition-, there is not anything similar in the jurisdictional framework. The singularities of administrative justice and the national fragmentation of jurisdictions are causes of this situation. That is the reason why in administrative matters there are not secondary EU legislation intended to strengthen legal cooperation, as it happens in civil or criminal matters. However, in complex disputes such as those mentioned above, precisely due to the absence of such cooperation, limitations may arise which infringe various aspects of the right to an effective remedy. This paper departs from a maximization of the aforementioned fundamental right and an interpretation in accordance with the requirements of EU law. To such extent, the paper proposes an interpretation of our procedural law favorable to legal cooperation between courts of the different Member States.