Beyond Reciprocity: Recognition of Ukrainian Administrative Acts in the Times of Emergency
Beyond Reciprocity: Recognition of Ukrainian Administrative Acts in the Times of Emergency

Author(s): Jakub Handrlica
Subject(s): International Law, International relations/trade, Sociology of Law, Administrative Law, Russian war against Ukraine
Published by: ADJURIS – International Academic Publisher
Keywords: recognition of foreign administrative acts; mutual recognition; reciprocity; temporary protection;
Summary/Abstract: Recognition of foreign administrative acts has triggered a considerable attention of the scholarship of public law in Europe. The fact is, however, that most of the scholarship has paid attention to those models of recognition, which have been established to exist in the period of peace. In this respect, the feature of recognition has been understood as a tool, facilitating circulation of persons, products and capital. Thus, the existing academic debate on recognition has focused on this feature from the perspective of reciprocity (= mutual recognition). The current occurrences, which have arisen in the aftermath of the Russian aggression against Ukraine, represent a salient opportunity to analyse the feature of recognition from a different viewpoint. While the major approach of the EU law to the feature of recognition has been until recently based on reciprocity, the emergency legislation issued after February 2022 is built upon unilaterality. This article will focus different pieces of EU legislation, which have been issued to govern certain issues in recognition, arising with respect to the war in Ukraine.

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