TY - GEN
T1 - A Private International Law Perspective on the Extraterritorial Reach of EU Law: The "Docile" Attitude of EU Conflict of Law Rules
AU - Benini, Caterina
PY - 2022
Y1 - 2022
N2 - The extraterritoriality of EU law, understood as the application of EU law triggerred by factors other than the connection with the territory of the EU, has largely been analysed over the last decade by EU law experts and global governance scholars. On the other hand, very few private international law contributions have been devoted to this topic, revealing the difficulties that private international law scholarship has in grasping the phenomenon of extraterritoriality of EU law. This contribution provides some elements to fill this gap. After providing a definition of the extraterritorial reach of EU law, the article focuses on the tecnique used by the EU legislator to bring situations that occur beyond EU borders into the scope of application of EU legislation. The rules that establish the extraterritorial reach of EU law perform a task that may appear similar to that of other rules found in the EU legal order, namely those governing conflict of laws, which in turn calls for coordination between the two set of rules.
AB - The extraterritoriality of EU law, understood as the application of EU law triggerred by factors other than the connection with the territory of the EU, has largely been analysed over the last decade by EU law experts and global governance scholars. On the other hand, very few private international law contributions have been devoted to this topic, revealing the difficulties that private international law scholarship has in grasping the phenomenon of extraterritoriality of EU law. This contribution provides some elements to fill this gap. After providing a definition of the extraterritorial reach of EU law, the article focuses on the tecnique used by the EU legislator to bring situations that occur beyond EU borders into the scope of application of EU legislation. The rules that establish the extraterritorial reach of EU law perform a task that may appear similar to that of other rules found in the EU legal order, namely those governing conflict of laws, which in turn calls for coordination between the two set of rules.
KW - Applicazione extraterritoriale diritto UE
KW - Extraterritorial reach EU Law.
KW - Extraterritoriality EU Law
KW - norme di conflitto
KW - Applicazione extraterritoriale diritto UE
KW - Extraterritorial reach EU Law.
KW - Extraterritoriality EU Law
KW - norme di conflitto
UR - http://hdl.handle.net/10807/213727
UR - https://www.asser.nl/media/795814/cleer_022-03_web_final.pdf
M3 - Conference contribution
T3 - CLEER WORKING PAPERS
SP - 25
EP - 36
BT - The Application of EU Law Beyond Its Borders
T2 - 6th Jean Monnet Doctoral Workshop - The Extraterritorial Application of EU Law: A Contribution to its Global Reach
Y2 - 18 March 2021 through 19 March 2021
ER -