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

European Foreign Affairs Review, Forthcoming

Amsterdam Centre for European Law and Governance Research Paper No. 2014-07

Amsterdam Law School Research Paper No. 2015-21

22 Pages Posted: 11 Jun 2015 Last revised: 18 Dec 2015

See all articles by Christina Eckes

Christina Eckes

Amsterdam Centre for European Law and Governance

Date Written: June 11, 2015

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

Suggested Citation

Eckes, Christina, The Common Foreign and Security Policy and the Rest: A Difference in Nature? (June 11, 2015). European Foreign Affairs Review, Forthcoming, Amsterdam Centre for European Law and Governance Research Paper No. 2014-07, Amsterdam Law School Research Paper No. 2015-21, Available at SSRN: https://ssrn.com/abstract=2617226

Christina Eckes (Contact Author)

Amsterdam Centre for European Law and Governance ( email )

Oudemanhuispoort 4-6
1012 CN Amsterdam
Netherlands

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