Abstract

This article aims to highlight how transnational acts provided for in legislative measures issued in the context of the European Union’s environmental policy have significantly different features from those provided for in legislative measures enacted in the context of policies aimed at the establishment and functioning of the internal market. To illustrate this, reference is made primarily to a number of EU provisions on the circulation of goods, taking into consideration the following types of acts: a) administrative authorisations that allow the movement of goods in the territory of several Member States or in the entire territory of the European Union; b) certifications issued by national authorities and private bodies attesting that a good meets specific requirements. This analysis brings to the fore an additional finding that is noteworthy: the concept of transnational acts, far from being unitary is in fact highly complex and must necessarily also be looked at in the light of the relevant provisions of the Treaty. This is even more important when dealing with new EU legislative competences, such as energy. This circumstance consequently raises the question of the constitutionalisation of EU transnational administrative acts and the role of legal scholarship in this field.