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: 28 May 2016

Dimitry Kochenov

University of Groningen - Faculty of Law

Date Written: March 1, 2009

Abstract

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

Kochenov, Dimitry, Substantive and Procedural Issues in the Application of European Law in the Overseas Possessions of European Union Member States (March 1, 2009). Michigan State University College of Law Journal of International Law, Vol. 17, No. 2, 2008-2009, pp. 195-288.. Available at SSRN: https://ssrn.com/abstract=1351261

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
Groningen, 9712 EK
Netherlands

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