EU Law of the Overseas : Outermost Regions, Associated Overseas Countries and Territories, Territories Sui Generis
EU Law of the Overseas : Outermost Regions, Associated Overseas Countries and Territories, Territories Sui Generis
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Author(s): Kochenov, Dimitry
ISBN No.: 9789041134455
Pages: 536
Year: 201105
Format: Trade Cloth (Hard Cover)
Price: $ 215.28
Dispatch delay: Dispatched between 7 to 15 days
Status: Available

Now also available as eBook, clickhere to buy and download your copyMillions of British, Dutch, French, Danish, Spanish, and Portuguese nationalspermanently reside in the overseas parts of their Member States. These people,like the companies registered in such territories, often find it virtuallyimpossible to determine what law applies when legal decisions are required.Although Article 52(1) of the EU Treaty clearly states that EU law applies inthe territory of all the Member States, most Member State territories lyingoutside of Europe provide examples of legal arrangements deviating from thisrule. This book, for the first time in English, gathers these deviations intoa complex system of rules that the editor calls the 'EU law of the Overseas'.Member States' territories lying far away from the European continent eitherdo not fall within the scope of EU law entirely, or are subject to EU law withserious derogations. A huge gap thus exists between the application of EU lawin Europe and in the overseas parts of the Member States, which has not beenexplored in the English language literature until now. This collection ofessays sets out to correct this by examining the principles of Union lawapplicable to such territories, placing them in the general context of thedevelopment of European integration. Among the key legal issues discussed arethe following:* internal market outside of Europe;* the protection of minority cultures;* EU citizenship in the overseas countries and territories of the EU;* Article 349 TFEU as a source of derogations;* The implications of Part IV TFEU for the overseas acquis;* participatory methods of reappraisal of the relationship between the EU andthe overseas;* implications for the formation of strategic alliances;* voting in European elections;* what matters may be referred by courts and tribunals in overseas countriesand territories;* application of the acquis to the parts of the Member States not controlledby the government or excluded from ratione loci of EU law;* interplay of the Treaty provisions and secondary legislation in the overseas;* customs union;* wholly internal situations;* free movement of capital and direct investments in companies;* the euro area outside of Europe;* duty of loyal cooperation in the domain of EU external action;* territorial application of EU criminal law; and* territorial application of human rights treaties.


Twenty-two leading experts bring their well-informed perspectives to thisunder-researched but important subject in which, although rules abound andevery opportunity to introduce clarity into the picture seems to be present,the situation is far from clear. The book will be welcomed by serious scholarsof European Union law and by public international lawyers, as well as bypolicy-makers and legal practitioners.


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