The Common Foreign and Security Policy and the Rest: A Difference in Nature?

Abstract

The Common Foreign and Security Policy (CFSP) forms part of EU external relations but remains in many ways special. Rather than simplifying the Lisbon Treaty has raised a whole new set of issues regarding the relationship between the CFSP and the Union policies under the Treaty on the Functioning of the European Union (TFEU policies). This article examines the nature of the CFSP, its relationship with TFEU policies, including whether the two form part of one Union acquis, and draws conclusion from the post-Lisbon case law on cross-Treaty joint legal bases and institutional prerogatives under the CFSP. The most relevant consequence of the Lisbon Treaty in this regard is the fact that the Court’s jurisdiction has been extended in the field of CFSP in several hidden ways that go beyond the face value of the Treaties. This will in itself trigger new constitutionalization dynamics in the area of the CFPS and lead to further approximation of CFSP and TFEU policies.

Keywords: Common Foreign and Security Policy (CFSP), EU external relations, TFEU policies, cross-pillar legal basis, Article 40 TEU, Union acquis, constitutionalization, Case C-130/10, Parliament v Council, Case C-658/11, Parliament v Council

JEL Classification: K33