ABSTRACT
This chapter is devoted to the status of extraterritorial obligations in fundamental rights protection at the supranational level of European Union (EU) law. The structure, content, and functioning of fundamental rights protection within the EU reflect an approach sympathetic to extraterritorial duties: In principle, the applicability of its Charter of Fundamental Rights does not depend on location—it applies whenever EU law applies, i.e., to EU institutions (whenever they act) and to Member States (whenever they implement EU law). Arguably, its acting as a promoter of global goods might reflect the self-understanding of the EU as being subject to (moral and legal) fundamental rights obligations to outsiders, for which territorial extension of its own norms is chosen as one means to comply with. However, recent case law has suggested a fallback to restricting the Charter’s reach at least with respect to sensitive policy areas like migration.
