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The Anatomy of a Judicial Takeover: A Commentary on the Evolution of the CJEU’s Jurisprudence in the CFSP Field

Heimann, Pauline LU (2023) JAEM03 20231
Department of Law
Faculty of Law
Abstract
The area of the Common Foreign and Security Policy is seen, mainly due to the unique place it occupies in Treaties, as the: ‘realm of sovereign wills and national interest par excellence’. One may wonder what space it leaves for judicial review. The answer for so many years is that there wasn't any. The Court was, and still is, not fully granted the same liberty in CFSP matters as in other non-CFSP matters in the EU legal order, making this area an interesting one to say the least. However, the role of the Court has significantly changed throughout the years and Treaties. This policy area, which was protected from the rule of law and any human rights overview due to its political nature, has lost piece by piece its intergovernmental shield... (More)
The area of the Common Foreign and Security Policy is seen, mainly due to the unique place it occupies in Treaties, as the: ‘realm of sovereign wills and national interest par excellence’. One may wonder what space it leaves for judicial review. The answer for so many years is that there wasn't any. The Court was, and still is, not fully granted the same liberty in CFSP matters as in other non-CFSP matters in the EU legal order, making this area an interesting one to say the least. However, the role of the Court has significantly changed throughout the years and Treaties. This policy area, which was protected from the rule of law and any human rights overview due to its political nature, has lost piece by piece its intergovernmental shield as the Court’s limited jurisdiction started to loosen up. Considering the numerous changes, does it mean that the field of CFSP will now be treated as any other policy area despite its uniqueness in the Treaties? This thesis will discuss the constant battle between the Court and the CFSP policymakers over the years. To do so, it will start by going through the relevant Treaties and their provisions which have reflected the evolution of the Court’s role over the years. As the Lisbon Treaty was a cornerstone for, amongst other things, the Court in CFSP matters. This thesis will contain a pre- and post-Lisbon Treaty section to reflect that, with relevant case law that demonstrates the Court’s adjudication or at least its ever so successful attempts to exercise its jurisdiction. In separate chapters, it will go through the Rosneft case and the pending Neves 77 case. The last point will be a discussion on the consequence of the Court’s extended review in CFSP. (Less)
Please use this url to cite or link to this publication:
author
Heimann, Pauline LU
supervisor
organization
course
JAEM03 20231
year
type
H2 - Master's Degree (Two Years)
subject
language
English
id
9130489
date added to LUP
2023-06-27 10:41:39
date last changed
2024-03-07 12:52:43
@misc{9130489,
  abstract     = {{The area of the Common Foreign and Security Policy is seen, mainly due to the unique place it occupies in Treaties, as the: ‘realm of sovereign wills and national interest par excellence’. One may wonder what space it leaves for judicial review. The answer for so many years is that there wasn't any. The Court was, and still is, not fully granted the same liberty in CFSP matters as in other non-CFSP matters in the EU legal order, making this area an interesting one to say the least. However, the role of the Court has significantly changed throughout the years and Treaties. This policy area, which was protected from the rule of law and any human rights overview due to its political nature, has lost piece by piece its intergovernmental shield as the Court’s limited jurisdiction started to loosen up. Considering the numerous changes, does it mean that the field of CFSP will now be treated as any other policy area despite its uniqueness in the Treaties? This thesis will discuss the constant battle between the Court and the CFSP policymakers over the years. To do so, it will start by going through the relevant Treaties and their provisions which have reflected the evolution of the Court’s role over the years. As the Lisbon Treaty was a cornerstone for, amongst other things, the Court in CFSP matters. This thesis will contain a pre- and post-Lisbon Treaty section to reflect that, with relevant case law that demonstrates the Court’s adjudication or at least its ever so successful attempts to exercise its jurisdiction. In separate chapters, it will go through the Rosneft case and the pending Neves 77 case. The last point will be a discussion on the consequence of the Court’s extended review in CFSP.}},
  author       = {{Heimann, Pauline}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{The Anatomy of a Judicial Takeover: A Commentary on the Evolution of the CJEU’s Jurisprudence in the CFSP Field}},
  year         = {{2023}},
}