The Implementation of Territorial Extension in European Union Law

  • Ana Cristina Gallego Hernández San Isidoro University Center
DOI: https://doi.org/10.18543/ced-63-2020pp297-313
Keywords: extraterritoriality, territorial extension, territorial principle, CJEU

Abstract

The extraterritorial application of law is consistent with the principle of respect for sovereignty, and correlatively with the principle of nonintervention, when its exercise is based on general interests and when there is proportionality. Despite the fact that the EU has never been a complete defender of extraterritoriality, especially after the last great world economic crisis, the exercise by the aforementioned organization begins to double. Territorial extension is used to control those behaviors that, although carried out abroad, have an impact on the overall EU interests. The doctrine has been in charge of conceptualizing the modality of the territorial extension. However, it was the CJEU that confirmed this when it pronounced itself about Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008, called the EU Aviation Directive, in 2011.

Recepción: 06 abril 2020
Aceptación: 13 mayo 2020
Published online: 30 September 2020

Downloads

Download data is not yet available.

Author Biography

Ana Cristina Gallego Hernández, San Isidoro University Center
PhD in Law (international mention), a Master’s in Public Law and a Law Degree at the University of Seville. Also, she is a Diploma in the Center for Studies and Research at the Hague Academy of International Law, in 2019. She is an associate professor, accredited as a Contracted Lecturer, of International Public Law and International Relations at the San Isidoro University Center (attached to the Pablo de Olavide University). As a member of the Political and International Law research group (SEJ119), her main lines of research encompass: international treaties, health security, international peace and security and extraterritoriality. She has participated in different National and International Projects and is the author of more than a dozen publications, among which the monograph stands out (as result of her doctoral thesis): El Derecho Internacional a la Salud a la luz de la Paz y Seguridad Internacionales, awarded with the II Eduardo de Hinojosa y Naveros Prize in Legal Sciences.
Published
2020-09-30
How to Cite
Gallego Hernández, Ana Cristina. 2020. “The Implementation of Territorial Extension in European Union Law”. Deusto Journal of European Studies, no. 63 (September), 297-313. https://doi.org/10.18543/ced-63-2020pp297-313.
Issue
No. 63 (2020): Business and Human Rights
Section
Other Articles

The author grants to the Publisher the distribution, public communication, and reproduction rights of her/his work subject of publication in Deusto Journal of European Studies (DJES), whichever the media may be, including the permission to include it in the databases where this Journal is indexed and in the institutional repository of the Universidad de Deusto.

Upon its publication, the content of any Issue of Deusto Journal of European Studies (DJES) can be accessed, read, downloaded, copies, and distributed freely for non-commercial purposes and in accordance with any applicable copyright legislation.

The content of Deusto Journal of European Studies (DJES) can be subsequently published in other media or journals, as long as the author clearly indicates in the first footnote that the work was published in Deusto Journal of European Studies (DJES) for the first time, indicating the Issue number, year, pages, and DOI (if applicable). Any other use of its content in any medium or format, now known or developed in the future, requires prior written permission of the copyright holder.

The content of the work published in Deusto Journal of European Studies (DJES) is each author's sole responsibility. The authors assume the responsibility of obtaining all the necessary licenses for the reproduction in their manuscripts of any text, material or illustration coming from another author, institution or publication. The liabilities that may arise from complaints for publishing plagiarised articles are the sole responsibility of the author.