Common Foreign and Security Policy: The Consequences of the Court's Extended Jurisdiction

27 Pages Posted: 27 Dec 2016

See all articles by Christina Eckes

Christina Eckes

Amsterdam Centre for European Law and Governance

Date Written: July 2016

Abstract

Despite the explicit exclusion of its jurisdiction, the Court of Justice of the European Union exercises judicial control over Common Foreign and Security Policy (CFSP). This article examines and explains how the Court's extended jurisdiction contributes to the juridification, judicialisation and constitutionalisation of the EU's compound CFSP structures. It first lays the groundwork by explaining the link between constitutionalisation and democratic legitimation and setting out the Court's formal jurisdiction over CFSP under Article 40 Treaty on European Union and Articles 218(11) and 275(2) Treaty on the Functioning of the European Union. The centre piece of the article then identifies how the Court's jurisdiction has expanded since the entry into force of the Lisbon Treaty, points at additional ‘substantive’ avenues of judicial review on the basis of access to information and access to justice, and analyses the effects of the Court of Justice of the European Union's extended jurisdiction for CFSP.

Suggested Citation

Eckes, Christina, Common Foreign and Security Policy: The Consequences of the Court's Extended Jurisdiction (July 2016). European Law Journal, Vol. 22, Issue 4, pp. 492-518, 2016, Available at SSRN: https://ssrn.com/abstract=2889564 or http://dx.doi.org/10.1111/eulj.12183

Christina Eckes (Contact Author)

Amsterdam Centre for European Law and Governance ( email )

Oudemanhuispoort 4-6
1012 CN Amsterdam
Netherlands

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