EU Law of the Overseas: Outermost Regions, Associated Overseas Countries and Territories, Territories Sui Generis
Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the ‘EU law of the Overseas’.
Member States’ territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following:
• internal market outside of Europe;
• the protection of minority cultures;
• EU citizenship in the overseas countries and territories of the EU;
• Article 349 TFEU as a source of derogations;
• The implications of Part IV TFEU for the overseas acquis;
• participatory methods of reappraisal of the relationship between the EU and the overseas;
• implications for the formation of strategic alliances;
• voting in European elections;
• what matters may be referred by courts and tribunals in overseas countries and territories;
• application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law;
• interplay of the Treaty provisions and secondary legislation in the overseas;
• customs union;
• wholly internal situations;
• free movement of capital and direct investments in companies;
• the euro area outside of Europe;
• duty of loyal cooperation in the domain of EU external action;
• territorial application of EU criminal law; and
• territorial application of human rights treaties.
Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.
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Foreword; R. Plender.
List of Abbreviations.
Table of Cases.
List of Tables and Figures.
List of Contributors.
Part One: Introducing EU Law of the Overseas.
Chapter 1. The EU and the Overseas: Outermost Regions, Overseas Countries and Territories Associated with the Union, and Territories Sui Generis; D. Kochenov.
Chapter 2. Outermost Regions, Overseas Countries and Territories and Others after the Entry into Force of the Lisbon Treaty; J. Ziller.
Part Two: The Significance and Legal Specificity of the Overseas in the EU .
Chapter 3. Implications of European Integration for the Overseas; D. Custos.
Chapter 4. Specific Measures for the Outermost Regions after the Entry into Force of the Lisbon Treaty; I. Omarjee.
Chapter 5. Access to the ECJ by Courts in Overseas Countries and Territories; M. Broberg.
Chapter 6. The Principle of Territorial Exclusion in the EU: SBAs in Cyprus: A Special Case of Sui Generis Territories in the EU; S. Laulhé Shaelou.
Part Three: EU Acquis in the Overseas.
Chapter 7. Free Movement of Services and Establishment in the Overseas; I. Goldner Lang, T. Perišin.
Chapter 8. EU Citizenship in the Overseas; D. Kochenov.
Chapter 9. The Overseas Application of the Customs Duties Provisions of the TFEU; A. Tryfonidou.
Chapter 10. The Free Movement of Capital in the Overseas Countries and Territories; W.W. Geursen.
Chapter 11. EMU and the Overseas; F. Amtenbrink.
Chapter 12. EU Crime and Policing and the OCTS; M. Fletcher.
Chapter 13. Between the Devil and the Deep Blue Sea? Conflicts in External Action Pursued by OCTS and the EU; S. Blockmans.
Chapter 14. Benign Territorial Human Rights Colonialism? The Application of Human Rights Treaties in Overseas Countries and Territories; A. Hallo de Wolf.
Part Four:The Overseas: Comparative and Interdisciplinary Approach.
Chapter 15. Europe as a Pacific Power; K. Muller.
Chapter 16. Restructuring Europe from Its Margins: Overseas and Their Integration within the EU’S Space; T. Pullano.
Chapter 17. The Overseas Countries and Territories Association: The Added Value of a Concerted Approach; F. Baetens.
Chapter 18. The Status of Northern Cyprus under EU Law: A Comparative Approach to the Territorial Suspension of the Acquis; N. Skoutaris.
Chapter 19. The American Experience with Territorial Governance; G. Lawson, G. Seidman. Postscript.
Chapter 20. Defending the Democratic Rights of EU Citizens Overseas: A Personal Story; M. Eman. Map of the EU’s Overseas.