The High Representative for Foreign Affairs and Security Policy before the Court of Justice of the European Union

Abstract

The article discusses the participation of the High Representative for Foreign Affairs and Security Policy of the European Union (the High Representative) and that of the European External Action Service (EEAS) in proceedings before the Court of Justice of the European Union (CJEU). It recalls that, while the EEAS, in accordance with its prerogatives, has been accepted as a party mainly in staff cases since its creation, the High Representative itself has only recently asked for leave to intervene in order to protect its institutional standing. By order of 3 March 2022, the President of the Court of Justice allowed the intervention of the High Representative in an inter-institutional case (C-551/21), opposing the Commission and the Council on the question of which institution is allowed to decide who signs EU agreements with third countries. Only two months later, the order of the President of the Grand Chamber of the General Court of 11 May 2022 granted the High Representative leave to intervene in support of the Council in case T-125/22 RT France v Council. These two orders mark a milestone for the judicial presence of the Union’s foreign policy chief. The High Representative can now intervene before the Court in external relations cases which directly affect his institutional prerogatives. The authors submit that the same arguments should also allow the High Representative to bring direct action against other EU institutions or to be challenged in that way in certain constellations.