The territorial application of European Union law and international law

Authors

  • Javier Roldán Barbero

DOI:

https://doi.org/10.18042/cepc/rdce.51.01

Keywords:

Territory, European Union, International Law, borders, fragmentation, neighbourhood, extraterritoriality, external relations of the EU

Abstract

The article analyses the territorial application of EU Law from the International Law point of view. This approach is developed in two separate but interconnected parts, i.e. the internal and external dimension of the European integration. From the internal perspective, International Law is presented as the main regulator of the territorial limits and particularities of Member States and the functional competence over the territory of the EU. At the same time, it is emphasised that the spatial and material expansive strength of the Union puts into question well-established International Law concepts and relegates the application of this legal order. However, International Law appears as a humanitarian watchdog of the security goals of the EU, particularly in relation to its external borders.
Concerning the external dimension, its variable geometry, as well as its unilateral, bilateral, regional and universal scope are highlighted, taking into account the subsidiarity principle as a guide and extraterritoriality as a possibility. The mutual influences between European and non-European legal orders, the neighbourhood policy and the territorial peculiarities of the other party are also analysed.

References

Marx, P., & Picot, G. (2013). The party preferences of atypical workers in Germany. Journal of European Social Policy, 23(2), 164-178.

Bailey, C. (2013). Between yesterday and tomorrow: German visions of Europe, 1926-1950. Berghahn Books.

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Issue

No. 51 (2015): mayo-agosto

Section

STUDIES

License


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