The territorial extension of European Union Law for sustainability reasons

Abstract

This article analyzes how the European Union exercises a new form of extraterritorial jurisdiction, in accordance with the legal principles of international law governing jurisdiction, in order to protect its fundamental values and interests. Despite past criticism, recent legislative practice demonstrates the need to extend the territorial scope of certain European rules for reasons of sustainability to goods, services, and conduct beyond the Union. The established case law of the Court of Justice of the European Union supports the legality of this extension provided that there is an express provision in the rule; the extension responds to the safeguarding of a general interest; and there is a territorial connection with the Union.