Abstract
This article revisits the impact that Articles 21(2) and 40 TEU have on the choice of the appropriate legal basis in view of EU measures that touch upon both CFSP and non-CFSP issues alike. Even though the Court of Justice’s case law that has been assessed for this purpose does not allow any definite conclusions, it is clear that these provisions have made determining the appropriate legal basis in respect of such measures more cumbersome than pre-Lisbon. In particular, it is still unclear how the set of overarching EU external action objectives established by Article 21(2) TEU as well as the mutual non-affect clause stipulated in Article 40 TEU can be applied in practice, seeing that the Court of Justice has failed to deliver viable approaches for their application.
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