Three Forms of Mutual Recognition

The principle of mutual recognition in the EU legal order has many connotations and refers to different situations. The paper examines and compares three legal mechanisms aimed at facilitating the free circulation of goods in the common market. These are:
a) Mutual recognition under the Treaty. In order to facilitate the functioning of this mechanism, the European legislator has laid down specific regulations (see now the Regulation No 2019/515);
b) The transnational administrative act;
c) The legal and technical harmonisation and the certification issued by the so-called notified bodies regarding the safety of products.
The paper aims at showing that in the common market transnationality – i.e. the possibility of carrying out an action across national borders – has characteristics that change slightly with these three mechanisms.