Extraterritorial Case Law of the Court of Justice of the European Union in the Light of Modern Approaches

Falalieieva Liudmyla () and Strilets Bohdan ()
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Falalieieva Liudmyla: Associate Professor, Dr. Jur. h., International and European Union Law Department, V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine, Kyiv, Ukraine.
Strilets Bohdan: Associate Professor, PhD, International Law and European Union Law Department, V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine, Kyiv, Ukraine.

European Studies - The Review of European Law, Economics and Politics, 2023, vol. 10, issue 2, 124-148

Abstract: The European Union actively practices the implementation of extraterritorial jurisdiction, which is due to the need to ensure the proper functioning of the internal market and the legal order of the EU, compliance with its founding treaties. With this in mind, the article aims to define and analyse the extraterritorial case law of the Court of Justice of the European Union (CJEU) through the prism of different jurisdictional models. Regulatory provisions, modern case law, and doctrinal views on the discussed problem were considered, in particular, legal means of resolving jurisdictional conflicts in the EU were analysed in detail, the evolution of the practice of applying jurisdictional models by the CJEU was discussed, attention was focused on the territorial expansion of the EU law. The article also discloses the issue of non-recognition of such extraterritorial effect of legal norms on the part of third countries, as well as measures to prevent and resolve disputes arising on this ground.

Keywords: European Union; EU law; Court of Justice of the European Union; extraterritorial application of the EU law; extraterritoriality of human rights; EU internal market; free movement of capital (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:eurstu:v:10:y:2023:i:2:p:124-148:n:1006

DOI: 10.2478/eustu-2023-0015

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