Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
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AUC IURIDICA, Vol 66 No 4 (2020), 19–29
The ‘logic of globalization’ versus the ‘logic of the internal market’: a new challenge for the European Union
[The ‘logic of globalization’ versus the ‘logic of the internal market’: a new challenge for the European Union]
Johan Meeusen
DOI: https://doi.org/10.14712/23366478.2020.29
published online: 16. 12. 2020
abstract
Globalization confronts the European Union with many new challenges. One of these concerns the applicability of harmonized EU law to cross-border situations involving third countries. In its recent judgment in Google/CNIL (C-507/17), on the territorial reach of the EU data protection rules and the “right to be forgotten”, the CJEU introduces a new “logic of globalization” which must be distinguished from the traditional “logic of the internal market”. While the latter justifies extraterritoriality in case internal market interests are affected, restraint characterizes the former. The global horizon does not diminish pertinent EU interests and objectives, but their effective implementation is threatened by the absence of the ensured enforcement of EU law and potential countermeasures. In context of globalization, it is international collaboration rather than unilateralism that would enable the EU to protect its interests and those of its citizens more adequately.
keywords: European Union; globalization; internal market; harmonization; conflict of laws
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The ‘logic of globalization’ versus the ‘logic of the internal market’: a new challenge for the European Union is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0323-0619
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