The topic we had to confront today is unusual to public law scholars, because it is
somehow both old-fashioned and postmodern, as sometimes happens.
It is old-fashioned because from its origin administrative law is obviously a
domestic branch of law: therefore since the very beginning of its history administrative
acts have traditionally been interpreted as strictly circumscribed in terms of
force, effi cacy and binding effects, to the national territory or, in a few cases, to
national citizens living or occasionally fi nding themselves abroad, or at most to
colonial territories subject to national sovereignty, though colonies used to have
special regimes, including peculiar administrative law rules applicable to their individual
territories (for instance, according to Spanish, English and Italian laws).
Therefore, since the earliest season of its life, administrative law excluded any infl uence
of foreign administrative acts inside its own sphere.
It is, though, a very recent issue due to globalization, because this cluster of phenomena
has made more and more frequent the circulation of persons all over the
world and made borders less and less important, more and more permeable and
osmotic. Administrative law has necessarily had to open itself to the recognition of
at least some effects of non-national administrative acts, even though they are
expression of the sovereignty of other countries or even of international or anyhow
supranational authorities.
Not occasionally, from this viewpoint, the new branch of administrative law,
born and grown up in the last 20 years or so, is global administrative law, concerning
networks of independent authorities and other phenomena of this same kind.
The national reports and the general one, as of a consequence, have tried to move
in the space remaining between these two extremes: the historical local-territorialsovereign
nature of administrative law and the rising of a new star whose dimension
and capacity of diffusing light is not yet clear: global administrative law.