Functional competence, scope and procedure in judicial authorizations of entry for the forced execution of administrative acts and judicial authorizations for intellectual property protection breached from services of the Information Society

Abstract

Public administrations, when they seek to forcibly carry out administrative acts and for this purpose it is necessary to access to the domicile of the interested parties, are legally obliged generally to request a judicial authorization of entry. These judicial authorizations presented certain difficulties in the determination of which particular court holds the functional competence to grant it in each case, what is the scope of judicial intervention in such cases and which procedure has to be followed for the processing of these judicial authorizations. On the other hand, in those same aspects is special uniqueness of the judicial authorizations for the enforcement of administrative acts intended to protect intellectual property rights that may eventually be violated through the information society services.