The Role of the Court of Justice of the European Union in the Development of the Common Foreign and Security Policy after the Treaty of Lisbon

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.

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

Europe and the World A law review ◽

10.14324/111.444.ewlj.2018.03 ◽

2018 ◽

Author(s):

Joni Heliskoski

Keyword(s):

European Union ◽

Security Policy ◽

Legal Protection ◽

Case Law ◽

The European Union ◽

Court Of Justice ◽

Domestic Courts ◽

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.

eu External Representation Post-Lisbon: The Performance of eu Diplomacy in Belarus, Moldova and Ukraine

The Hague Journal of Diplomacy ◽

10.1163/1871191x-13010035 ◽

2018 ◽

Vol 13 (1) ◽

pp. 75-96 ◽

Author(s):

Dorina Baltag

Keyword(s):

European Union ◽

Security Policy ◽

Performance Criteria ◽

External Representation ◽

The European Union ◽

Member States ◽

Treaty Of Lisbon ◽

European Cooperation ◽

Foreign And Security Policy

Summary The European Union (eu) today has quasi-embassies at its disposal in third countries — the eu delegations — which represent the Union’s eyes, ears and face. Following the Treaty of Lisbon, these delegations assumed the role of the rotating Presidencies and oversee the conduct of eu diplomatic affairs. In practice, this implies representing the eu and cooperating with eu member states’ embassies on matters not only relevant for aid and trade, but also for foreign and security policy. By employing performance criteria such as effectiveness, relevance and capability, this article uncovers the particularities of the practices of European diplomatic cooperation among eu delegations and national embassies in Belarus, Moldova and Ukraine. Drawing on fieldwork conducted in Minsk, Chisinau and Kiev from 2013-2016, the article explores practices of European cooperation abroad, shows how eu diplomatic actors identify a common approach and emphasizes certain capability issues faced by the eu in these countries.

Sliding Towards Supranationalism? The Constitutional Status of EU Framework Decisions afterPupino

German Law Journal ◽

10.1017/s2071832200005745 ◽

2007 ◽

Vol 8 (5) ◽

pp. 501-531 ◽

Cited By ~ 2

Author(s):

Carl Lebeck

Keyword(s):

European Union ◽

Security Policy ◽

The European Union ◽

Judicial Cooperation ◽

Community Institutions ◽

European Court ◽

The Common ◽

Criminal Matters

The constitutional structure of the EU comprises two different components, one supranational (the European Community - EC) and one intergovernmental (the European Union). The EC is referred to as the first pillar, while the European Union in turn consists of two parts referred to as the second and third pillars respectively: the Common Foreign and Security Policy is the second, and the Police & Judicial Cooperation in Criminal Matters (the so called “area of Freedom, Security and Justice” - PJCC). The role of the common European institutions was from the outset more limited not just when it - which is logical - comes to legislation, but also when it comes to consultation and preparation of legislation. However, the ECJ retained jurisdiction to interpret the meaning of so called framework decisions in order to create a basis for uniform implementation in national law of such decisions. This was particularly true in relation to the Police and Judicial Cooperation in Criminal Matters. Whereas the European Court of Justice (ECJ) was granted jurisdiction in PJCC, the other community institutions, notably the European Commission, were given roles to supervise the implementation of framework decisions - but their role in enforcing uniformity was limited compared to the role of the community institutions in EC-law.

Development of armed forces in the European Union

Medjunarodni problemi ◽

10.2298/medjp0304339g ◽

2003 ◽

Vol 55 (3-4) ◽

pp. 339-353 ◽

Author(s):

Dejan Gajic

Keyword(s):

European Union ◽

Security Policy ◽

Armed Forces ◽

European Countries ◽

The European Union ◽

The Common ◽

The Military ◽

The Eu

After the end of World War II leaders of the West European countries had realised the necessity to create new security frameworks, thus making the security of the continent the concern of the Europeans themselves. However, immediately after it had been formed the North Atlantic Alliance, as a trans-Atlantic defence shield against the danger from the "communist East", became the central security component in Europe. Just after the end of the Cold War and disappearance of the "danger from the East" the European leaders initiated the process of creation of the new European defence system. The system would be designed in such a way not to jeopardise the position of the NATO, improving at the same time the security and stability in the continent. In the first part of the article the author considers the course of European integration in the second half of the last century that proceeded through creation of institutions preceding the establishment of the European Union. During the period of creation of this specific form of action performed by the European states at the internal and international levels, the deficiency of integration in the military field was notable. In that regard, the author stresses the role of the Western European Union as an alliance for collective defence of West European countries. The second part of the paper discusses the shaping of the EU security component through the provisions on the Common Foreign and Security Policy, which are included in the EU agreements. The Maastricht Treaty defined the Common Foreign and Security Policy as an instrument to reach agreement by member states in the defence field. The Amsterdam Treaty confirmed the role of this mechanism expanding the authorities resulting from it. The Treaty of Nice supplements the existing mechanism by a new military and political structure that should help implement the decisions made by the European Union institutions in the military field. In the third part of the article, the author presents the facts concerning the establishment and internal organisation of the Eurocorps. The creation of this military formation took place in early 1990s and was initiated by the two states of "the old Europe" - Germany and France. The authors also emphasises that the establishment of this formation is the first step towards creation of the armed forces in Europe. The fourth part of the paper treats the Rapid Reaction Force that was established by the Helsinki Agreement (1999). It became operative in early 2003 and its basic aim is to prevent the outbreak of crises in the region and to improve stability in Europe. In spite of the opinions that the establishment of such a force is the skeleton for creation of the European armed forces, the author thinks that, at least in the near future, they will not be a rival to the NATO. In his opinion, their possible military missions will be carried out only when the alliance takes no interest in being engaged in them.

European Union in the new international surroundings

Medjunarodni problemi ◽

10.2298/medjp0803199l ◽

2008 ◽

Vol 60 (2-3) ◽

pp. 199-225 ◽

Author(s):

Dusko Lopandic

Keyword(s):

European Union ◽

International Relations ◽

Security Policy ◽

The European Union ◽

European Security ◽

The Common ◽

International Identity ◽

The Eu

The author analyses the development of EU in the new international surroundings during the last decade, also exploring the development of the European Security and Defense Policy (ESDP). The first part treats the changes in international relations, the role of USA and the NATO evolution. With the changes in international relations that are characterized by the relative weakening of USA, the rise of the powers such as China and Russia as well as the process of globalization within the multipolar frameworks, the European Union and its members states are facing the problem of adjusting to the new conditions. The second part of the article overviews the EU development, its geostrategic priorities as well as the development of ESDP. In the last dozen of years, the Common Foreign and Security Policy and the ESDP development have gone through a dynamic evolution. The attempts of the EU countries to emancipate from USA and become a serious factor in international relations imply that it should strengthen its international identity, and the political and military components, in particular.