<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
</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.

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

International and European Union Law Department

V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine

International Law and European Union Law Department

European Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The European Union actively practices the implementation of extraterritorial jurisdiction, which is due to the need to ensure the proper functioning of the...

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

Publié en ligne: 10 juil. 2024

Pages: 124 - 148

DOI: https://doi.org/10.2478/eustu-2023-0015

Mots clés
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

© 2024 Liudmyla Falalieieva et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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

Publié en ligne: 10 juil. 2024

Pages: 124 - 148

DOI: https://doi.org/10.2478/eustu-2023-0015

Mots clésEuropean 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

© 2024 Liudmyla Falalieieva et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
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