EU Law Beyond EU Borders: The Extraterritorial Reach of EU Law (Collected Courses of the Academy of European Law)

This book addresses the impact of EU law beyond its own borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The phenomenon of EU law operating beyond its borders, which may be termed its'global reach', includes the extraterritorial application of EU law, territorial extension, and the so-called'Brussels Effect'resulting from unilateral legislative and regulatory action, but also includes the impact of the EU's bilateral relationships, and its engagement with multilateral fora and the negotiation of international legal instruments. The book maps this phenomenon across a range of policy fields, including the environment, the internet and data protection, banking and financial markets, competition policy, and migration. It argues that in looking beyond the undoubtedly important instrumental function of law we can start to identify the ways in which law shapes the EU's external identity and its relations with other legal regimes, both enabling and constraining the EU's external action. Cover EU Law Beyond EU Borders: The Extraterritorial Reach of EU Law Copyright Contents Table of Cases Table of Legislation Notes on Contributors List of Abbreviations Introduction: EU Law Beyond EU Borders 1. The Aim of this Book 2. The Structure and Scope of this Book 3. What Kinds of Global Reach? 4. The Role of Law: Enabling and Constraining the Extraterritorial Reach of EU Law 5. Law as an Enabler A. The Permissive Stance of the CJEU B. Equivalence as an Emerging Principle of EU Law C. Law Enabling New Forms of Integration D. Law Enabling New Forms of Extraterritorial Enforcement of EU Law 6. Law as a Constraint A. The Principle of Autonomy B. Public International Law C. Fundamental Human Rights in EU Law and International Law D. The Duty to Take into Account Third Country Interests E. Proceduralization 1. The Global Reach of EU Law 1. Introduction 2. Extraterritoriality and Territorial Extension A. Introduction B. Extraterritoriality C. Territorial Extension D. Levels of Territorial Extension E. The Relationship between the Different Levels of Territorial Extension F. Objectives of Territorial Extension G. The Relationship between Territorial Extension and the ‘Brussels Effect’ H. The Permissive Stance of the CJEU towards Territorial Extension 3. The Distinction between Extraterritoriality and Territorial Extension is not Intended to be a Normative Shortcut 4. Appraising Territorial Extension in EU Environmental Law A. Territorial Extension in EU Environmental Law B. The EU’s Global Environmental Footprint C. Is Complicity the New ‘Effects’? 5. Conclusion 2. Extending the Reach of EU Law: The EU as an International Legal Actor 1. Introduction: Law as the Structural Foundation of EU External Power 2. The Union of Values: Between EU and International Law in ‘Upholding and Promoting’ Human Rights Standards A. Law and Power, Values and Interests B. Human Rights Compliance as a Condition of Legality of EU Action C. The Abolition of the Death Penalty D. Conclusions 3. The EU as an Integration Project: ‘Integration through Law’ as an External Enterprise A. Almost—but not quite—Internal: The European Economic Area B. Conditionality-based Integration: The Ukraine Association Agreement C. Conclusions 4. The EU as a Regulatory Actor: The Makingand Implementation of International Norms A. Competence and the Internal–External Dynamic B. Money Laundering C. Conclusions 5. Conclusions 3. The Internet and the Global Reach of EU Law 1. Introduction 2. The Internet and its Governance A. What is the Internet? B. How is the Internet Governed? 3. The EU and the Member States 4. The Internet and the Values of EU Law A. Introduction B. The Autonomy of EU Law C. The Rule of Law D. Fundamental Rights 5. Interaction between EU Law and the Internet A. Introduction B. Internet Governance C. Data Protection D. International Agreements E. Private International Law F. Other Areas 6. Mechanisms of Global Reach A. Introduction B. Emulation and Learning C. International Negotiation D. Coercion and Conditionality E. Blocking Recognition of Third Country Legal Measures 7. Normative Questions A. Introduction B. Values or Interests? C. EU Law as Universal Values D. Theory and Practice E. The Territorial Scope of EU Law F. Responsibilities towards Third Countries G. Is the Internet Changing EU Law? 8. Final Thoughts: Why the Internet? 4. Financial Stability and the Global Influence of EU Law 1. Introduction A. Finance as a Global Industry B. Implications for Regulation 2. The External Influence of EU Law A. Influence on International Standards B. Influence via Recognition 3. The Clash between the EU and the US 4. Evaluation 5 The Global Reach of EU Competition Law 1. Introduction 2. Mergers A. Global Reach B. Global Power C. Solution: Inter-Agency Agreements 3. Conduct with Welfare-Ambiguous E ̃ects A. Global Reach B. Global Power C. Solution: Convergence 4. Cartels A. Global Reach B. Global Power C. Uncertain Solutions 5. Global Externalities 6. Cooperation Agreements A. Bilateral Competition Agreements B. Bilateral Agreements with States 7. Conclusions 6. The Migration Crisis and the European Union Border Regime 1. Introduction 2. The EU Border Regime A. The Schengen Framework B. The External Dimension 3. From the Migration Crisis to EU Border Reform A. Central Mediterranean Routes B. The Eastern Mediterranean Route 4. The Internal Dimension: E°ects upon the Schengen Zone A. Strengthening Frontex B. Schengen Governance 5. The External Dimension: New Cooperation with ̃ird States A. Cooperation with African States B. Cooperation with Turkey and other States in Asia 6. Conclusion Index This book analyses the impact of EU law beyond its borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The 'global reach' of EU law is examined in policy areas of the environment, the internet and data protection, banking and financial markets, competition policy and migration.