925
views
1
recommends
+1 Recommend
1 collections
    34
    shares
      • Record: found
      • Abstract: found
      • Article: found
      Is Open Access

      Made in Luxembourg: The fabrication of the law on jurisdiction of the court of justice of the European Union in the field of the Common Foreign and Security Policy

      Read this article at

      Bookmark
          There is no author summary for this article yet. Authors can add summaries to their articles on ScienceOpen to make them more accessible to a non-specialist audience.

          Abstract

          The article provides an analysis of the case law of the Court of Justice of the European Union on the interpretation of Articles 24 TEU, first paragraph, second subparagraph, and 275 TFEU governing the question of the Court’s jurisdiction in the field of the Common Foreign and Security Policy (CFSP). The article first describes the background of those provisions as they resulted from the Convention on the Future of Europe and the 2003-4 and 2007 Intergovernmental Conferences and then compares the Court’s understanding of its jurisdiction to the drafting history of the provisions concerned. The main conclusion of the study of the case law suggests that the Court views its jurisdiction over the CFSP more broadly than the jurisdiction envisaged by the drafters of the Treaties. In particular, the Court both interprets the exclusion from its jurisdiction of acts based on the Treaty’s CFSP provisions in a narrow fashion and is prepared to review the legality of CFSP acts not only through direct actions but also through references for a preliminary ruling. However, the article argues that the provision of adequate legal protection in the field of the CFSP necessarily requires both the Court of Justice and domestic courts of the Member States to play their respective roles.

          Related collections

          Author and article information

          Journal
          EWLR
          Europe and the World: A law review
          Eur. World
          UCL Press
          2399-2875
          19 September 2018
          : 2
          : 1
          Affiliations
          [1 ]Ministry for Foreign Affairs, Legal Service, Finland
          Author notes
          Article
          EWLR-2-3
          10.14324/111.444.ewlj.2018.03
          © 2018, Joni Heliskoski.

          This is an open access article distributed under the terms of the Creative Commons Attribution License (CC BY) 4.0 https://creativecommons.org/licenses/by/4.0/, which permits unrestricted use, distribution and reproduction in any medium, provided the original author and source are credited • DOI: https://doi.org/10.14324/111.444.ewlj.2018.03.

          Page count
          Pages: 21
          Categories
          Article
          Custom metadata
          J Heliskoski, ‘Made in Luxembourg: The fabrication of the law on jurisdiction of the court of justice of the European Union in the field of the Common Foreign and Security Policy’ [2018] 2(1): 3. Europe and the World: A law review [20]. DOI: 10.14324/111.444.ewlj.2018.03.

          Comments

          Comment on this article

          Europe and the World: A law review
          Volume 2, Issue 1

          Similar content 28