2024
Oana-Mihaela SALOMIA, Associate Professor, Faculty of Law, University of Bucharest, The compliance and extended territorial application of the European Union law – factor of cohesion and stability. Focus on the „Cyprus problem”
DOI: https://www.doi.org/10.31178/AUBD/2024.12
Abstract: The
specificity of the law of the European Union in relation to the national law of
the Member States is based on the characteristic of the European Union as an
international intergovernmental integration organization which acts in order to
fulfill the common objectives of the Member States by adopting, in certain
fields of competence, mandatory rules for them; these characteristics – the
immediate application, direct application and primacy were stated in the
relevant jurisprudence of the Court of Justice of the European Union (which
succeeded the Court of Justice of the European Communities) and respected by
the Member States.
Along with these
fundamental features, we appreciate that the law of the European Union also
enjoys another particularity, namely its extended territorial application which
is the subject of the analysis below, through which we will present the
"territorial application of the Union Treaties" highlighting the
originality of this characteristic, focusing on the application in the Turkish
Cypriot Community in the light of the "Cyprus problem".
The emphasis of the
extended territorial application of European Union law assumes the solid
foundations of the Union legal order which guarantees, at the same time, the
respect for public international law and the United Nations Charter according
to art. 3 paragraph (5) of the Treaty on the European Union, without detailing
the notions of extraterritoriality.
Key words: territorial application of European Union law, "Cypriot problem", candidate states, stability, economic development.
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