Mutual Recognition, Transnational Legal Relationships and Regulatory Models

Abstract

The evolution of the EU legal system reveals a generalisation of mutual recognition variations. On the one hand, these variations are always based on the same structuring elements: mutual trust, equivalence and country-of-origin. Depending on the subject (e.g.taking into account whether harmonisation exists and the EU freedom concerned), each of these structuring elements acquires greater or lesser significance, ultimately determining the degree of conditionality or automaticity at recognition phase. On the other hand, the function of any of those variations creates the legal conditions to establish transnational legal relationships subject to different national legal orders. All these consequences are the result of two fundamental aspects: 1) The EU option by relational regulatory model which ensures the connection between equivalent national rules, using conflict of laws with special techniques. 2) The conferral of transnational effectiveness to national rules and administrative actions to allow the exercise of freedoms granted by EU law.