The Court of Justice and the Common Foreign and Security Policy

Abstract

The Court of Justice’s powers always and until today have been markedly restricted when it comes to Common Foreign and Security Policy (CFSP). This inevitably results in a fragmented and sparse mosaic of yet important findings of the Court. Among these are several judgements on delimiting CFSP competences from other competences, clearly establishing priority for the latter, formerly EC competences. The Treaty of Lisbon seems to modify this relationship, without the ECJ so far having had the opportunity to express itself on that. Another development of paramount importance and established by the ECJ is the indirect fundamental rights scrutiny of restrictive CFSP measures. More generally, also the findings on the relationship between EC and EU law as well as between EC law and international law (today: between EU law and international law) on that occasion are relevant to the CFSP.KeywordsSecurity PolicyLegal OrderTitle VersusLisbon TreatySecurity Council ResolutionThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.