Una base giuridica 'onnicomprensiva' per l'adozione di misure specifiche nei confronti delle regioni ultraperiferiche. In margine alla sentenza sul caso Mayotte

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(1), 319-322 | European Forum Highlight of 16 April 2016 | (Abstract) The special legal status of the Outermost Regions (OR) is aimed to incorporate these territories within the EU legal order, while taking into account the specificity of each of them. This goal is established by Article 349 (1) TFEU, that requires the Council to "adopt specific measures aimed, in particular, at laying down the conditions of application of the Treaties to those regions." In Mayotte, the ECJ found that this power has a broad scope and empowers the Council to determine also the conditions of application of EU legislation. The systemic implication of this holding are examined in the present Highlight.

Keywords

• outermost regions
• legal basis
• application of the treaties
• derogations
• scope ratione materiae