The Extraterritorial Application of Statutes and Regulations in EU Law

47 Pages Posted: 17 Feb 2022

See all articles by Lena Hornkohl

Lena Hornkohl

University of Vienna; Heidelberg University

Date Written: February 16, 2022

Abstract

This report deals with the growing extraterritorial application of statutes and regulations in European Union law. In that sense, it answers the question of if and to what extent EU law applies beyond the EU's territory. It assesses the legal instruments themselves and throws light on their interpretation by the Court of Justice of the European Union. It maps out the understanding of extraterritoriality in EU law and explains the logic and rationale behind applying the concept for EU law. Furthermore, the report illustrates the general principles, trends, and evolution of EU extraterritoriality, focusing on the concept of universal jurisdiction. It describes the triggers for the extraterritorial application of EU law: nationality, presence, conduct, effects, anti-evasion, counterparty and property. The report demonstrates the limits to extraterritoriality, such as comity and reasonableness. Lastly, it discusses blocking statutes of the EU against extraterritorial laws of third states.

Keywords: European Union Law, Extraterritoriality, Universal jurisdiction, Blocking Statute

Suggested Citation

Hornkohl, Lena, The Extraterritorial Application of Statutes and Regulations in EU Law (February 16, 2022). MPILux Research Paper 2022(1), Available at SSRN: https://ssrn.com/abstract=4036688 or http://dx.doi.org/10.2139/ssrn.4036688

Lena Hornkohl (Contact Author)

University of Vienna ( email )

Schottenbastei 10-16
Vienna, A-1010
Austria

Heidelberg University ( email )

Grabengasse 1
Heidelberg, 69117
Germany

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