EU Law of the Overseas: Outermost Regions, Associated Overseas Countries and Territories, Territories Sui GenerisDimitry Kochenov Kluwer Law International B.V., 1.01.2011 г. - 492 страници Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the 'EU law of the Overseas'. Member States' territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the 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 and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by 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 this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners. |
Съдържание
Chapter | 3 |
Chapter | 13 |
LegalHistorical Analysis | 18 |
Chapter 4 | 26 |
Overseas Countries and Territories in the EU Law of the Overseas | 47 |
Chapter 2 | 52 |
EU Law of the Overseas and OptOuts and Derogations from | 55 |
The Future of EUOverseas | 64 |
Chapter 10 | 245 |
Article 63 TFEU | 259 |
Chapter 11 | 271 |
Legal and Economic Impact | 283 |
Concluding Remarks | 289 |
Chapter 12 | 291 |
The Lisbon Treaty | 296 |
Conclusions | 305 |
Outermost Regions Overseas Countries and Territories | 69 |
Intentional Treaty Changes with Respect to the Territorial | 72 |
Unintentional Changes with Respect to the Territorial Scope | 81 |
Part II | 89 |
Up to 20072008 | 105 |
Specific Measures for the Outermost Regions after the Entry | 121 |
The Persistence of Worrying Ambiguities | 133 |
Chapter 5 | 137 |
Do the Treaties Apply in the OCTs? | 142 |
What Matters may be Referred by Courts and Tribunals | 148 |
Chapter 6 | 153 |
Legal Status of the SBAs in Cyprus under EU Law | 159 |
Conclusion | 174 |
Chapter 7 | 179 |
Free Movement of Services and Establishment in the Outermost | 181 |
Overseas Countries and Territories | 189 |
Conclusion | 197 |
Chapter 8 | 199 |
EU Citizenship Overseas | 203 |
EU Citizenship Rights Limited through Ratione Loci | 211 |
The Overseas Application of the Customs Duties Provisions | 221 |
Abolishing the Purely Internal Rule in the Context of the Unions | 227 |
Should Reverse Discrimination in the Area of Customs Duties | 236 |
Conclusion | 243 |
Between the Devil and the Deep Blue Sea? Conflicts in External | 307 |
Departures from the CFSP By Member States Semi | 314 |
Chapter 14 | 323 |
Concluding Remarks | 337 |
Chapter 15 | 341 |
The Europeanization of Territorial Continuity | 343 |
The EU as a Pacific Power | 355 |
Chapter 16 | 363 |
The Interaction between Citizenship and Territory in the Case | 367 |
Governing Circulation and BuildingUp Spaces | 377 |
Chapter 17 | 383 |
Conclusion | 398 |
Chapter 18 | 401 |
Crossing the Green Line | 410 |
Yet another Passerelle Clause? | 415 |
The American Experience with Territorial Governance | 417 |
Concluding Remarks | 428 |
Chapter 20 | 433 |
Annex | 439 |
Bibliography | 443 |
Table of Cases | 461 |
487 | |
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Често срещани думи и фрази
30 TFEU acquis Act of Accession adopted Agreement Åland Islands amending analysis Article 349 TFEU Article 63 TFEU Aruba British Canary Islands chapter citizens clause Commission Communauté concerning Constitutional context Convention Council Decision Council Regulation countries and territories Court currency customs duties Cypriot d'outre-mer Declaration derogations Dimitry Kochenov droit EC Treaty economic Eman and Sevinger EU citizenship EU law Europe European Citizenship European Communities European Union France free movement integration Internal Market international law issue Lancry legislation Lisbon Treaty monetary movement of capital Netherlands Netherlands Antilles OCTA outermost regions outre-mers Overseas Countries overseas departments overseas territories preliminary reference principle procedure Protocol question regard régions régions ultrapériphériques relevant Republic of Cyprus residing Réunion reverse discrimination rules SBAs scope of application scope ratione Seventh OCT Decision situation specific measures status territorial scope TFEU third countries tion Treaty of Lisbon