The international circulation of administrative certification documents and force majeure certificates issued by chambers of commerce on the occasion of the Covid 19 pandemic

Author/s Maurizio Lo Gullo
Publishing Year 2021 Issue 2021/2 Language Italian
Pages 35 P. 55-89 File size 266 KB
DOI 10.3280/EP2021-002003
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This essay, addressing the study of force majeure certificates issued by Italian and foreign chambers of commerce to facilitate proof of the existence of an exemption in the event of non-fulfillment or incorrect fulfillment caused by the need to comply with the measures to combat the spread of the pandemic from Covid-19, it also intends to represent an opportunity to stimulate the study of the phenomenon of the circulation of administrative acts between different legal systems. The essay starts from the arrangement offered by the doctrine in the first half of the 1900s to verify its relevance also in the perspective of the treatment of administrative acts of certification and assessment in any trials before national judges and before arbitrators in international arbitration proceedings. The research moved in an area still neglected both by scholars of administrative law and by those of international law, public and private. The issue addressed is of emerging relevance also due to the phenomenon of integration that characterizes the law of the European Union, where it represents a very relevant aspect of the effectiveness of the fundamental freedoms of movement of persons, goods, services and capital. JEL: K33 Parole-chiave: atti amministrativi, atti di certificazione; riconoscimento atto amministrativo straniero, efficacia probatoria. Keywords: administrative acts, certification documents; recognition of a foreign administrative acts, evidential effectiveness.

Keywords: administrative acts, certification documents; recognition of a foreign administrative acts, evidential effectiveness.

Jel codes: K33

Maurizio Lo Gullo, La circolazione internazionale degli atti amministrativi di certificazione: le dichiarazioni di forza maggiore rilasciati dalle camere di Commercio italiane a seguito delle misure di contenimento della pandemia da Covid-19 adottate dal Governo italiano in "ECONOMIA PUBBLICA " 2/2021, pp 55-89, DOI: 10.3280/EP2021-002003