Call for papers

Extraterritoriality

Background

The scope of application of EU law represents a major element of the legal discourse concerning the affirmation and strengthening of the European integration process. It firstly influences the way in which that law interacts with the municipal law of the Member States. More and more, however, the relevance of the scope of EU law goes beyond the interplay with Member States’ legal orders, contributing thus to the global reach of EU law.

In this respect, a crucial role is played by the extraterritorial application of EU law. Thanks to the growing web of contractual relations put in place by the European Union with third countries and other international organisations, the widening of the Union’s competences – also in the light of the recent crises the EU and its Member States have faced – and the doctrines elaborated by the case law of the European Court of Justice (such as the ‘effects doctrine’ invoked with regard to EU competition law), the possibility to apply EU law outside the Union’s borders is a reality representing a pillar of the EU external dimension. 

Against this background, the Workshop seeks to realize a general reflection on the extraterritorial application of EU law, by stressing its legal implications for the EU external action and the EU legal order as a whole.

Proposed papers may consider a wide range of topics dealing with all levels of analysis concerning the extraterritoriality of EU law.

Firstly, papers could focus on the instruments and techniques used by the EU legislature and the Court of Justice to trigger the application of EU law beyond the EU borders. Analyses may include an assessment of the consistency in the application of those instruments and techniques, the identification of their possible limitations and shortcomings. The proposals may also seek to evaluate to whether those instruments and techniques permit relevant actors to comply with EU law outside the Union, taking into account also the conduct and law of third countries. Papers could also consider the distinction that has been drawn in the literature among techniques leading to a ‘pure’ extraterritorial application and different forms of territorial extension of EU law [Scott J., Extraterritoriality and territorial extension in EU law, 62 AJCL (2014), 87-126] or other possible taxonomies applicable to that phenomenon.

Secondly, papers could consider sectoral approaches to extraterritoriality, by looking at the solutions adopted by EU institutions in different fields of the EU acquis to ensure its application beyond the Member States’ territory. Recent developments in different areas of EU law – e.g. financial law, Internet and data protection regime, environmental law, migration law – have showed a growing tendency to elaborate new ways to extend the reach of EU law. In addition, the EU has reacted to counter the extraterritorial effects of third countries laws by enacting protective mechanisms for EU operators hit by sanctions. Also, more traditional examples of sectoral extraterritoriality of EU law (such as the case of antitrust law) could be explored so as to stress the (possible) emergence of new tendencies or the further consolidation of well-established mechanisms. Comparative studies among different examples of extraterritorial application of EU law are likewise welcome.

Thirdly, papers could contribute to a general assessment of the contribution that extraterritoriality may give to the global reach of EU law. In this respect, analyses should be mainly focused on the interaction with the EU’ international actorness and the so called ‘Brussels Effect’.


Submission

Interested PhD students and young scholars are strongly encouraged to submit proposal summaries, in English, of 600 words (approximately one page) on any aspect of the overall topic. The proposals should address the themes of the Workshop mentioned above. The said proposals, accompanied by detailed CVs and motivation letters should be submitted to m.gatti@unibo.it by 30 November 2020. 

Applicants will be informed about the outcome of the selection process no later than 15 December 2020.

If successfully selected, full papers (7.500 – 9.000 words, including footnotes) must then be submitted by 20 February 2020 for circulation among commentators.


Publication

Depending on the quality, the final version of the papers will be published in the Geneva Jean Monnet Working Papers, available in open access on the website of the Centre d’études juridiques européennes

Depending on the quality and coherence of the papers submitted, an eventual volume on the theme of the Workshop may be considered.

 

Organization and coverage of costs

The Department of Legal Studies of the University of Bologna will reimburse travel costs (economy class only), accommodation (1 hotel night) and subsistence expenses in Bologna of selected participants. 

 

Covid-19

We are hoping and planning for the event to take place in person with as many participants as possible. However, we realize that the Covid-19 crisis may continue to pose restrictions to travel and non-virtual gatherings. Even if travel is generally possible, this still may not be the case for everyone. The organizers of the Workshop are therefore committed to keep monitoring the situation and are open to remote participation for those who require it. 

If the event cannot take place in person due to the evolution of the crisis, the Workshop will be held online. The organizers of the Workshop will communicate this to the selected participants as soon as possible.

 

For any questions or inquiries please contact the Workshop convenor Federico Casolari at federico.casolari@unibo.it.

Documents

Text of c4P

[ .pdf 1196Kb ]