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EU Law of the Overseas Outermost Regions, Associated Overseas Countries and Territories, Territories Sui Generis

ISBN13: 9789041134455
Published: May 2011
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £140.00

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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.

EU Law
Part One: Introducing EU Law of the Overseas.
Chapter 1. The EU and the Overseas: Outermost Regions, Overseas Countries and Territories Associated with the Union, and Territories Sui Generis; D. Kochenov.
Chapter 2. Outermost Regions, Overseas Countries and Territories and Others after the Entry into Force of the Lisbon Treaty; J. Ziller.

Part Two: The Significance and Legal Specificity of the Overseas in the EU .
Chapter 3. Implications of European Integration for the Overseas; D. Custos.
Chapter 4. Specific Measures for the Outermost Regions after the Entry into Force of the Lisbon Treaty; I. Omarjee.
Chapter 5. Access to the ECJ by Courts in Overseas Countries and Territories; M. Broberg.
Chapter 6. The Principle of Territorial Exclusion in the EU: SBAs in Cyprus: A Special Case of Sui Generis Territories in the EU; S. Laulhé Shaelou.

Part Three: EU Acquis in the Overseas.
Chapter 7. Free Movement of Services and Establishment in the Overseas; I. Goldner Lang, T. Perišin.
Chapter 8. EU Citizenship in the Overseas; D. Kochenov.
Chapter 9. The Overseas Application of the Customs Duties Provisions of the TFEU; A. Tryfonidou.
Chapter 10. The Free Movement of Capital in the Overseas Countries and Territories; W.W. Geursen.
Chapter 11. EMU and the Overseas; F. Amtenbrink.
Chapter 12. EU Crime and Policing and the OCTS; M. Fletcher.
Chapter 13. Between the Devil and the Deep Blue Sea? Conflicts in External Action Pursued by OCTS and the EU; S. Blockmans.
Chapter 14. Benign Territorial Human Rights Colonialism? The Application of Human Rights Treaties in Overseas Countries and Territories; A. Hallo de Wolf.

Part Four:The Overseas: Comparative and Interdisciplinary Approach.
Chapter 15. Europe as a Pacific Power; K. Muller.
Chapter 16. Restructuring Europe from Its Margins: Overseas and Their Integration within the EU’S Space; T. Pullano.
Chapter 17. The Overseas Countries and Territories Association: The Added Value of a Concerted Approach; F. Baetens.
Chapter 18. The Status of Northern Cyprus under EU Law: A Comparative Approach to the Territorial Suspension of the Acquis; N. Skoutaris.
Chapter 19. The American Experience with Territorial Governance; G. Lawson, G. Seidman. Postscript.
Chapter 20. Defending the Democratic Rights of EU Citizens Overseas: A Personal Story; M. Eman. Map of the EU’s Overseas.

Series: European Monographs

Remedies and Procedures before the EU Courts 2nd ed ISBN 9789403511405
To be published April 2020
Kluwer Law International
Finance for SMEs: European and International Regulation ISBN 9789403501611
Published June 2019
Kluwer Law International
A Legal Analysis of NGOs and European Civil Society ISBN 9789403512518
Published June 2019
Kluwer Law International
Brexit: The Legal Implications ISBN 9789041195401
Published December 2018
Kluwer Law International
The New EU Judiciary: An Analysis of Current Judicial Reforms ISBN 9789041168344
Published December 2017
Kluwer Law International
Cross-Border Transfers of Undertakings. A European Perspective ISBN 9789041192271
Published October 2017
Kluwer Law International
Simplification of Debt Collection in the EU ISBN 9789041148544
Published September 2014
Kluwer Law International
European Contract Law and German Law ISBN 9789041125880
Published January 2014
Kluwer Law International
General Principles of EU Law eand European Private Law ISBN 9789041146830
Published December 2013
Kluwer Law International
Citizenship Rights and Freedom of Movement in the European Union ISBN 9789041146601
Published June 2013
Kluwer Law International
EU Higher Education Law: The Bologna Process and Harmonization by Stealth ISBN 9789041133656
Published February 2011
Kluwer Law International
EU Law and Obesity Prevention ISBN 9789041127068
Published October 2010
Kluwer Law International
EU Law and Harmonization of Takeovers in the Internal Market ISBN 9789041133403
Published September 2010
Kluwer Law International
The Ne Bis in Idem Principle EU Law: Conceptual Jurisprudential ISBN 9789041131560
Published August 2010
Kluwer Law International
The European Union Legal Order after Lisbon ISBN 9789041131522
Published May 2010
Kluwer Law International
Directory of EU Case Law on the Preliminary Ruling Procedure ISBN 9789041131508
Published August 2009
Kluwer Law International
Multilingual Interpretation of European Community Law ISBN 9789041128539
Published June 2009
Kluwer Law International
Reverse Discrimination in EC Law ISBN 9789041127518
Published February 2009
Kluwer Law International
General Principles of EC Law in a Process of Development ISBN 9789041127051
Published June 2008
Kluwer Law International
Impact Assessment in EU Lawmaking ISBN 9789041127204
Published May 2008
Kluwer Law International
External Relations Law of the European Community ISBN 9789041126047
Published March 2008
Kluwer Law International
EU Enlargement and the Failure of Conditionality ISBN 9789041126962
Published February 2008
Kluwer Law International
Competition Law and Consumer Protection ISBN 9789041123800
Published May 2005
Kluwer Law International
The Optimal Enforcement of EC Antitrust Law
ISBN 9789041117571
Published April 2004
Kluwer Law International
Dealing with Dominance: The Experience of National Competition Authorities ISBN 9789041122117
Published March 2004
Kluwer Law International
Communications in EU Antitrust Law ISBN 9789041119742
Published March 2003
Kluwer Law International
Regional State Aid and Competition Policy ISBN 9789041119759
Published February 2003
Kluwer Law International
Nationality Discrimination in the European Internal Market ISBN 9789041119988
Published January 2003
Kluwer Law International
Takeover Law in the EU and the USA ISBN 9789041119193
Published September 2002
Kluwer Law International
EU Regulation and Transatlantic Trade ISBN 9789041118714
Published August 2002
Kluwer Law International
The European Union in Search of a Democratic and Constitutional Theory ISBN 9789041118721
Published August 2002
Kluwer Law International
Judicial Protection Through the Use of Article 288(2)EC ISBN 9789041118233
Published August 2002
Kluwer Law International
Police and Justice Co-operation and the New European Borders
ISBN 9789041118936
Published July 2002
Kluwer Law International
Cross Border Insolvencies in EU, English and Belgian Law ISBN 9789041118882
Published July 2002
Kluwer Law International
The Liberalization of Postal Services in the European Union
ISBN 9789041117809
Published May 2002
Kluwer Law International
Multilevel Governance in the European Union
ISBN 9789041118127
Published April 2002
Kluwer Law International
Europe and Refugees: Towards an EU Asylum Policy ISBN 9789041117090
Published March 2002
Kluwer Law International
European Cooperation Between Tax, Customs and Judicial Authorities ISBN 9789041117472
Published December 2001
Kluwer Law International
Towards an EU Right to Education ISBN 9789041116703
Published October 2001
Kluwer Law International
The Liberalization of Electricity and Natural Gas in the European Union ISBN 9789041115607
Published June 2001
Kluwer Law International
Convergence of Competition Laws and Policies in the European Community
ISBN 9789041115621
Published February 2001
Kluwer Law International
General Principles of European Community Law
Edited by: Ulf Bernitz
ISBN 9789041114020
Published June 2000
Kluwer Law International
European Defence Procurement Law ISBN 9789041111678
Published July 1999
Kluwer Law International
Public Procurement ISBN 9789041111616
Published May 1999
Kluwer Law International
Principles of Proportionality in European Law ISBN 9789041108661
Published June 1998
Kluwer Law International
Current and Future Perspectives on EC Competition Law
ISBN 9789041106919
Published October 1997
Kluwer Law International
The Evolving Concept of Community Citizenship ISBN 9789041108784
Published July 1996
Kluwer Law International
National Parliaments as Cornerstones of European Integration
ISBN 9789041108982
Published May 1996
Kluwer Law International
State Entrepreneurship, National Monopolies and European Community Law
ISBN 9789065447739
Published July 1995
Kluwer Law International
Financial and Monetary Integration in the EEC
ISBN 9789065447180
Published July 1995
Kluwer Law International
The Legislative Process in the EC ISBN 9789065446909
Published July 1995
Kluwer Law International
The Agricultural Law of the EC ISBN 9789065448675
Published October 1994
Kluwer Law International
Culture and Community Law ISBN 9789065446381
Published July 1994
Kluwer Law International
The European Economic Area: EC-EFTA
Edited by: Jules Stuyck
ISBN 9789065448156
Published June 1994
Kluwer Law International