Article 38 TEU

Author(s):  
Thomas Ramopoulos

Article 25 TEU Without prejudice to Article 240 of the Treaty on the Functioning of the European Union, a Political and Security Committee shall monitor the international situation in the areas covered by the common foreign and security policy and contribute to the definition of policies by delivering opinions to the Council at the request of the Council or of the High Representative of the Union for Foreign Affairs and Security Policy or on its own initiative. It shall also monitor the implementation of agreed policies, without prejudice to the powers of the High Representative.

2020 ◽  
Vol 01 (02) ◽  

The European Union Satellite Centre (SatCen) was founded in 1992 under the framework of the Western European Union. Today it is a Council agency of the European Union. It supports decision-making and actions under the Common Foreign and Security Policy (CFSP), in particular the Common Security and Defence Policy (CSDP). It thus provides the European External Action Service, as well as European Union crisis management missions and operations, products and services based on the exploitation of relevant space assets and collateral data, including satellite and aerial imagery, and related services. The Centre, under the operational direction of the High Representative for the European Union for Foreign Affairs and Security Policy, Mrs Frederica Mogherini, is located in Torrejón de Ardoz, Spain. It has approximately 130 members of staff and a global budget of EUR 26 million.


Author(s):  
Bernhard Schima

The Court of Justice of the European Union shall not have jurisdiction with respect to the provisions relating to the common foreign and security policy nor with respect to acts adopted on the basis of those provisions.


2000 ◽  
Vol 13 (2) ◽  
pp. 255-263
Author(s):  
Steven Blockmans

The 1999 Kosovo crisis has forced the European Union to finally give concrete form to its ambitions in the sphere of the common foreign and security policy. At a time when agreement on defence issues seems out of reach, the member states' focus is on the development of a crisis management capability. It is argued that when the Union's diplomatic structures are complemented with military and civilian crisis response tools, much needed balance will be given to the Union's persona as an economic giant and a political dwarf. The article includes a number of measures which should be taken with a view to reinforcing and extending the Union's external role in this field.


Author(s):  
Joni Heliskoski

The article provides an analysis of the case law of the Court of Justice of the European Union on the interpretation of Articles 24 TEU, first paragraph, second subparagraph, and 275 TFEU governing the question of the Court’s jurisdiction in the field of the Common Foreign and Security Policy (CFSP). The article first describes the background of those provisions as they resulted from the Convention on the Future of Europe and the 2003-4 and 2007 Intergovernmental Conferences and then compares the Court’s understanding of its jurisdiction to the drafting history of the provisions concerned. The main conclusion of the study of the case law suggests that the Court views its jurisdiction over the CFSP more broadly than the jurisdiction envisaged by the drafters of the Treaties. In particular, the Court both interprets the exclusion from its jurisdiction of acts based on the Treaty’s CFSP provisions in a narrow fashion and is prepared to review the legality of CFSP acts not only through direct actions but also through references for a preliminary ruling. However, the article argues that the provision of adequate legal protection in the field of the CFSP necessarily requires both the Court of Justice and domestic courts of the Member States to play their respective roles.


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