The Extraterritorial Application of Statutes and Regulations in EU Law


Lena Hornkohl

MPILux Working Paper 2022 (1)

Abstract: This report deals with the growing extraterritorial application of statutes and regulations in European Union law. In that sense, it answers the question of if and to what extent EU law applies beyond the EU's territory. It assesses the legal instruments themselves and throws light on their interpretation by the Court of Justice of the European Union. It maps out the understanding of extraterritoriality in EU law and explains the logic and rationale behind applying the concept for EU law. Furthermore, the report illustrates the general principles, trends, and evolution of EU extraterritoriality, focusing on the concept of universal jurisdiction. It describes the triggers for the extraterritorial application of EU law: nationality, presence, conduct, effects, anti-evasion, counterparty and property. The report demonstrates the limits to extraterritoriality, such as comity and reasonableness. Lastly, it discusses blocking statutes of the EU against extraterritorial laws of third states.

Keywords: European Union Law, Extraterritoriality, Universal jurisdiction, Blocking Statute