Respectarea și aplicarea teritorială extinsă a dreptului Uniunii Europene - factor de coeziune și stabilitate. Focus asupra „problemei cipriote”

The specificity of the law of the European Union in relation to the national law of the Member States is based on the characteristic of the European Union as an international intergovernmental integration organization which acts in order to fulfill the common objectives of the Member States by adopting, in certain fields of competence, mandatory rules for them; these characteristics – the immediate application, direct application and primacy were stated in the relevant jurisprudence of the Court of Justice of the European Union (which succeeded the Court of Justice of the European Communities) and respected by the Member States. Along with these fundamental features, we appreciate that the law of the European Union also enjoys another particularity, namely its extended territorial application which is the subject of the analysis below, through which we will present the «territorial application of the Union Treaties» highlighting the originality of this characteristic, focusing on the application in the Turkish Cypriot Community in the light of the «Cyprus problem». The emphasis of the extended territorial application of European Union law assumes the solid foundations of the Union legal order which guarantees, at the same time, the respect for public international law and the United Nations Charter according to art. 3 paragraph (5) of the Treaty on the European Union, without detailing the notions of extraterritoriality and trans-territoriality which are the subject of a specific doctrinal analysis.