31 October 2024
Beyond the Letter of the Treaties
In the context of the EU’s intention to accede to the ECHR, the CJEU, through its recent case-law on restrictive measures, shapes the scope of its jurisdiction in CFSP matters and opens up new prospects for the future architecture of the EU legal order. The first part of this post recalls how the Court’s case-law on restrictive measures contributed to the constitutionalization of the CFSP through the extension of its jurisdiction in the matter. The second part presents the challenges posed by the most recent cases on EU sanctions and the possible implications of the Court’s responses. Continue reading >>
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15 December 2023
Escaping Jurisdictional Blackholes
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. Continue reading >>
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16 December 2022