EU Regulation No. 2016/1191 and the Circulation of Public Documents Between EU Member States and Third Countries = Il regolamento (UE) n. 2016/1191 e la circolazione dei documenti pubblici tra stati membri e paesi terzi

The recent EU Regulation No. 2016/1191 has introduced common rules only for the intra-European circulation of public documents. Nevertheless, it could raise some concerns regarding the circulation of public documents between EU Member States and third countries. Specifically, the European Union’s adoption of common rules on public documents when combined with the CJEU’s case law on the European Union’s exclusive external competence could call into question the EU Member States’ power to conclude or maintain international agreements with third countries on this topic. This paper will outline these concerns and suggest that this regulation should not preclude EU Member States from concluding or maintaining international agreements with third countries on the circulation of public documents.