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The Application of EU Law Beyond Its Borders

Authors: F. Casolari; M. Gatti;

The Application of EU Law Beyond Its Borders

Abstract

The application of EU law beyond its borders has occasionally been contested on the basis that it is claimed to infringe the sovereign rights of third countries. Extraterritoriality, in the strict sense, is traditionally seen as being inconsistent with principles of territorial sovereignty and non-interference in internal affairs: ‘territorial sovereignty belongs always to one [...] to the exclusion of all others’. However, there is a movement ‘towards bases of jurisdiction other than territoriality’, particularly in the field of criminal law, where the principles of active and passive nationality are usually accepted and the principle of universal jurisdiction is increasingly applied. Furthermore, some international subjects, including the EU, have justified the ‘territorial extension’ of their laws by invoking the ‘effects doctrine’: for instance, the fact that an undertaking participating in an anticompetitive agreement is situated in a third country does not prevent the application of EU competition rules if that agreement is effective in the EU territory. The contributions contained in this publication address several issues regarding the application of EU law beyond its borders.

Country
Italy
Keywords

EU law; extraterritoriality; borders; sovereignty; jurisdiction

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    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green