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Judicial review in the EU's Common Foreign and Security Policy

Koutrakos, P. (2018). Judicial review in the EU's Common Foreign and Security Policy. International and Comparative Law Quarterly, 67(1), pp. 1-35. doi: 10.1017/s0020589317000380


The EU's Common Foreign and Security Policy (CFSP) was conceived of as an area ill-suited for full judicial review by the Court of Justice of the European Union. The Lisbon Treaty confers on the Court limited jurisdiction which the recent case law has interpreted in broad terms. This article will place this case law in the broader constitutional setting of the EU legal order and will provide a critical analysis of its implications for both the EU's and domestic courts. The analysis is structured on the basis of three main themes. The first is about the position of CFSP in the EU's constitutional architecture: the article will analyse the constitutional ambivalence that characterizes this position and how it is conveyed by the provisions of the Treaty on the European Union and the Treaty on the Functioning of the European Union governing the Court's jurisdiction. The second theme is about the recent case law, and the integrationist approach that the Court of Justice has adopted to the scope of its jurisdiction. The third theme is about national courts: the article will argue that recent case law has been too quick to dismiss them, and that primary law renders them an essential part of the judicial review system governing CFSP.

Publication Type: Article
Additional Information: This article has been published in a revised form in International and Comparative Law Quarterly This version is free to view and download for private research and study only. Not for re-distribution, re-sale or use in derivative works. © British Institute of International and Comparative Law 2017.
Departments: The City Law School > Academic Programmes
The City Law School > Institute for the Study of European Laws
SWORD Depositor:
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