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The EU and Distant Strangers: The (Extra)Territorial Scope of the EU Charter of Fundamental Rights

An important blind spot in the current debate on the extraterritorial application of the European Union’s (EU) Charter of Fundamental Rights is the limited engagement with the concept of jurisdiction as it has developed in both public international law (PIL) and international human rights law (IHRL). Applying a jurisdictional lens is crucial because: (i) jurisdiction is inherently about the delimiting spheres of power among different actors and thus the task of delimiting the boundaries of EU law offers valuable insights into the Union’s identity as a global actor; and (ii) the rich body of international legal scholarship on PIL and IHRL jurisdiction – and on their interaction – provides a useful framework for assessing the persuasiveness of various approaches to the Charter’s extraterritorial scope that have emerged in the literature.
Keywords: EU Charter of Fundamental Rights, extraterritorial scope, distant strangers, extraterritoriality, jurisdiction