Swimming in ECJ Case Law: The rocky journey to EU law applicability in the continental shelf and Exclusive Economic Zone

Waverijn, J. & Nieuwenhout, C. T., 1-Dec-2019, In : Common Market Law Review. 56, 6, p. 1623-1648 25 p.

Research output: Contribution to journalArticleAcademicpeer-review

Copy link to clipboard


  • 'Swimming in ECJ case law

    Final publisher's version, 179 KB, PDF document

    Embargo ends: 01/07/2020

    Request copy

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.
Original languageEnglish
Pages (from-to)1623-1648
Number of pages25
JournalCommon Market Law Review
Issue number6
Publication statusPublished - 1-Dec-2019


  • law of the sea, energy law, interconnectors, EU law, international law, sovereignty, sovereign rights

ID: 112666750