28 April 2026
Pioneers Wanted
With full-scale war on the European continent and doubts about US support, the EU still treats this existential security crisis like a regular bureaucratic undertaking. It is against this backdrop that Commissioner Kubilius is expected to engineer a genuine European Defence Union – and in our view, raising the right legal questions amounts to answering them: differentiated integration, pursued by a core group of willing member states, is the way forward. Continue reading >>
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30 October 2024
The Political Question Doctrine Under Close Control
The political question doctrine is a controversial admissibility requirement that intersects the rule of law and separation of powers. Based on recent ECtHR and ECJ judgments, this blog post highlights the need to evaluate the doctrine within a broader framework of legal accountability. Continue reading >>
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24 September 2024
A Political Question Doctrine for the CFSP
On 10 September 2024, the CJEU issued its judgment in the joined cases of KS and KD, addressing the scope of its jurisdiction within the Common Foreign and Security Policy. Specifically, the Court asserted its jurisdiction in so far as the harm-causing conduct did not relate to “political or strategic” choices made in the context of the CFSP. I criticize the Court’s reliance on such an ill-defined concept to delineate the boundaries of its jurisdiction and argue that removing the limitations on the CJEU’s jurisdiction within the CFSP would require a reform of the Treaties. Continue reading >>
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23 April 2024
A Proposal Towards a European Defence Union
In the context of profound (geo-)political changes, and following the Conference on the Future of Europe, the European Parliament (EP) adopted proposals for a Treaty reform for the area of defence. This blog post analyses the proposed formation of the European Defence Union (EDU) and the introduction of qualified majority voting (QMV) while concluding that the new framework would likely create contradictory outcomes and undesirably challenge the current constitutional balance. Continue reading >>
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