scholarly journals Made in Luxembourg: The fabrication of the law on jurisdiction of the court of justice of the European Union in the field of the Common Foreign and Security Policy

2018 ◽  
Author(s):  
Joni Heliskoski
Keyword(s):  
European Union ◽  
Security Policy ◽  
Legal Protection ◽  
Case Law ◽  
The European Union ◽  
Court Of Justice ◽  
Domestic Courts ◽  
Foreign And Security Policy ◽  
History Of ◽  
The Common

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.

scholarly journals JUDICIAL REVIEW IN THE EU'S COMMON FOREIGN AND SECURITY POLICY

2017 ◽  
Vol 67 (1) ◽  
pp. 1-35 ◽  
Author(s):  
Panos Koutrakos
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Security Policy ◽  
Case Law ◽  
Recent Case ◽  
The European Union ◽  
National Courts ◽  
Court Of Justice ◽  
Domestic Courts ◽  
Foreign And Security Policy

AbstractThe EU's Common Foreign and Security Policy (CFSP) was conceived of as an area ill-suited for full judicial review by the Court of Justice of the European Union. The Lisbon Treaty confers on the Court limited jurisdiction which the recent case law has interpreted in broad terms. This article will place this case law in the broader constitutional setting of the EU legal order and will provide a critical analysis of its implications for both the EU's and domestic courts. The analysis is structured on the basis of three main themes. The first is about the position of CFSP in the EU's constitutional architecture: the article will analyse the constitutional ambivalence that characterizes this position and how it is conveyed by the provisions of the Treaty on the European Union and the Treaty on the Functioning of the European Union governing the Court's jurisdiction. The second theme is about the recent case law, and the integrationist approach that the Court of Justice has adopted to the scope of its jurisdiction. The third theme is about national courts: the article will argue that recent case law has been too quick to dismiss them, and that primary law renders them an essential part of the judicial review system governing CFSP.

Article 275 TFEU

2019 ◽  
Author(s):  
Bernhard Schima
Keyword(s):  
European Union ◽  
Security Policy ◽  
The European Union ◽  
Court Of Justice ◽  
Foreign And Security Policy ◽  
The Common

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.

scholarly journals DEVELOPMENT OF MILITARY AND POLITICAL COOPERATION OF THE EUROPEAN UNION (1945-1992)

2021 ◽  
Vol 17 (1) ◽  
pp. 3-12
Author(s):  
VLADLENA V. Tikhova
Keyword(s):  
European Union ◽  
Security Policy ◽  
System Analysis ◽  
European Countries ◽  
The European Union ◽  
Political Cooperation ◽  
Foreign And Security Policy ◽  
History Of ◽  
The Common ◽  
The Military

Introduction. This paper analyzes the history of development of the European Union’s political and military cooperation. The author gives an in-depth review of the origins of the European integration, its reasons and key political figures who played the crucial role in this process. The author shows that the establishment of cooperation between West European countries right after 1945 dealt with projects that were not implemented. Much attention is paid to the activities of the Western European Union (WEU) that played a considerable role in shaping the Common Foreign and Security Policy of the European Union. The article also presentshow different the members of the European Union are, how the views of the European countries vary in many areas and how difficult it is to coordinate the positions of the member-states on important issues concerning the foreign, security and defense policy of the European Union.Materials and methods. Building on the system analysis of the theories of international relations, international integration and the materials of related sciences such as political and conflict resolution studies the author considers the development stages of the European countries’ political and military collaboration from the establishment of the EuropeanDefense Community to the European Political Cooperation.Results. Proceeding from the results of the analysis the author concludes that the activities aimed to build military and political collaboration of the European states had laid a solid foundation to establish the second pillar of the EU - the Common Foreign and Security Policy (CFSP) by the time the Maastricht Treaty was signed in 1992.Discussion and conclusions. The materialsof this paper describe the stages and historicalroots of the development of the military and political collaboration of the European countries. Complexities and contradictions that are inherent in this process explain the challenges the EU’s current foreign, security and defense policies have to face.

Introductory Note

2019 ◽  
pp. 551-562
Author(s):  
Antonio Tizzano
Keyword(s):  
European Union ◽  
Security Policy ◽  
Case Law ◽  
Internal Market ◽  
Fundamental Rights ◽  
The European Union ◽  
Court Of Justice ◽  
Legal Questions ◽  
Introductory Note ◽  
Foreign And Security Policy

The Introductory Note describes the main developments of 2017 with regard to the functioning and the organization of the Court of Justice of the European Union, as well as to its case-law. The Court of Justice and the General Court of the European Union were confronted with many delicate legal questions pertaining to all aspects of EU law. The Introductory Note provides for an overview of the most important judgments that were delivered in 2017, in an array of legal domains, including rights and obligations of third-country migrants, fundamental rights, rules of competition and internal market, common commercial policy and common foreign and security policy.

scholarly journals A New Crisis Manager at the Horizon – The Case of the European Union

2000 ◽  
Vol 13 (2) ◽  
pp. 255-263
Author(s):  
Steven Blockmans
Keyword(s):  
European Union ◽  
Crisis Management ◽  
Security Policy ◽  
Crisis Response ◽  
The European Union ◽  
Member States ◽  
Management Capability ◽  
Concrete Form ◽  
Foreign And Security Policy ◽  
The Common

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.

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