Volume 56 (2019) / Issue 6
Jaap Waverijn, Ceciel Nieuwenhout, 'Swimming in ECJ case law: The rocky journey to EU law applicability in the continental shelf and Exclusive Economic Zone' (2019) 56 Common Market Law Review, Issue 6, pp. 1623–1648
Regarding activities taking place at sea, the applicability of EU law depends on the nature and geographic location of the activity as well as on the formulation of the geographical scope of the legal instrument. With Member States’ ever-increasing activity at sea, the ECJ is confronted with various questions on the application of EU law at sea; its case law is analysed in this article. Firstly, the foundation of EU competence at sea in public international law and EU law is explored. Secondly, the line of ECJ case law is analysed. Thirdly, the interplay between the legislature’s formulations and the Court’s reasoning is addressed, as well as the validity of the latter in light of public international law. The article concludes by reflecting on the consequences of the Court’s reasoning, with recommendations regarding alternatives.
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