The Application of EU Law in the EU's Overseas Regions, Countries, and Territories after the Entry into Force of the Treaty of Lisbon
Dimitry Kochenov
University of Groningen - Faculty of Law
Michigan State Journal of International Law, Forthcoming
Abstract:
Several of the EU Member States possess overseas territories lying thousands of kilometres away from Brussels. The application of EU law in such areas can very much differ from the way how this law functions on the European continent. Focusing on the detailed analysis of all the main exceptional statuses enjoyed by the overseas territories of the Member States vis-à-vis the European Union, this article provides an essential outline of the procedural and substantive aspects of the application of European law overseas, drawing on the examples provided by application of European law to the British, Danish, Dutch, Finnish, French, Portuguese and Spanish special territories. Profoundly updating an earlier article which appeared in this Journal before the entry of the Treaty of Lisbon into force and a deep reform of the Dutch and French overseas (Vol. 17, 2008–2009), this contribution contains a brief overview of the key aspects of the field of EU law of the Overseas.
Several of the EU Member States possess overseas territories lying thousands of kilometres away from Brussels. The application of EU law in such areas can very much differ from the way how this law functions on the European continent. Focusing on the detailed analysis of all the main exceptional statuses enjoyed by the overseas territories of the Member States vis-à-vis the European Union, this article provides an essential outline of the procedural and substantive aspects of the application of European law overseas, drawing on the examples provided by application of European law to the British, Danish, Dutch, Finnish, French, Portuguese and Spanish special territories. Profoundly updating an earlier article which appeared in this Journal before the entry of the Treaty of Lisbon into force and a deep reform of the Dutch and French overseas (Vol. 17, 2008–2009), this contribution contains a brief overview of the key aspects of the field of EU law of the Overseas.
Number of Pages in PDF File: 103
Keywords: EU Law, European Union, Overseas, Overseas territories, ultraperipheral regions, outermost regions, associated countries, overseas territories, territory, Hansen, Eman, Aruba, Azores, Madeira, Canary Islands, Martinique, Guadeloupe, Guiana, Polynesia, Greenland, Bonaire, CuracaoFull text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2010166
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