Escaping Jurisdictional Blackholes - Why National Courts Should Step Up in the Area of EU Common Foreign and Security Policy and Actively Protect Fundamental Rights

Escaping Jurisdictional Blackholes - Why National Courts Should Step Up in the Area of EU Common Foreign and Security Policy and Actively Protect Fundamental Rights Spaventa, Eleanor Author aut Text xx# 2023 Verfassungsblog 2023-12-15 eng There is a lack of effective judicial protection in the field of EU Common Foreign and Security Policy. In a recent opinion, AG Ćapeta has suggested that the solution rests with asserting the possibility of establishing the non-contractual liability of the EU for breach of fundamental rights in CFSP cases, regardless of whether the measure imposes restrictions. However, the Council also has a positive duty stemming from the Charter to include a jurisdictional clause in all CFSP measures indicating the national court which has jurisdiction in those cases. CC BY-SA 4.0 Spaventa, Eleanor CFSP EU ECHR accession European Charter of Fundamental Rights fundamental rights 342 https://verfassungsblog.de/escaping-jurisdictional-blackholes/ Verfassungsblog 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/667e53c9d0e1b42b 231215 10.59704/667e53c9d0e1b42b Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)