Substantive and Procedural Issues in the Application of European Law in the Overseas Possessions of European Union Member States
94 Pages Posted: 2 Mar 2009 Last revised: 7 Mar 2018
Date Written: March 1, 2009
Several of the EU Member States possess overseas territories lying thousands of kilometres away from Brussels. As this article illustrates, the application of European Union and European Community law in such areas can very much differ from the way how this law functions on the European sub-continent. Focusing on the detailed analysis of all the main exceptional statuses enjoyed by the overseas territories of the Member States vis-a-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, French, Portuguese and Spanish overseas possessions. There is a surprising number of legal lacunae to be filled, especially given that the application of European law in the overseas possessions of the Member States remains seriously underresearched in the English-language literature.
Keywords: EU territory, overseas, DOM, TOM, outermost regions, ultraperipheral regions, associated countries and territories, Aruba, Azores, Madeira, Canary Islands, Martinique, Guadeloupe, Guiana, Polynesia, Greenland, Bonaire, Curacao
JEL Classification: K19, K33
Suggested Citation: Suggested Citation