Extraterritorial Case Law of the Court of Justice of the European Union in the Light of Modern Approaches
Pubblicato online: 10 lug 2024
Pagine: 124 - 148
DOI: https://doi.org/10.2478/eustu-2023-0015
Parole chiave
© 2024 Liudmyla Falalieieva et al., published by Sciendo
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 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.