Tagged: CFSP

Pirates of the Gulf of Aden: the Sequel, or how the CJEU further embeds the CFSP into the EU legal order

By Thomas Verellen

The Court of Justice of the EU (CJEU) recently added a new chapter to the long-running chain-novel on the relationship between the Common Foreign and Security Policy (CFSP) and other areas of EU external action. In its judgment of 14 June 2016, the Court’s Grand Chamber answered questions on the choice of legal basis (CFSP versus AFSJ) of a Council decision concluding a transfer agreement between the EU and Tanzania, and on the meaning of Article 218(10) TFEU on the sharing of information by the Council with the Parliament as it pertains to treaty-making in the CFSP.

The ruling is interesting, as it is perhaps indicative of a relaxed, rather pragmatic, approach to the politically thorny question of the CFSP’s scope, as well as revealing of a principled effort by the Court to further embed the CFSP into the EU legal order. In this sense, the Court’s approach in Somali Pirates II is structurally similar to the one undertaken in the recent case of H v Council on the scope of the CJEU’s jurisdiction in CFSP-disputes.

In the following post, I briefly develop both aspects of this equation – pragmatism with regard to the scope of the CFSP versus principle with regard to the reach of EU constitutional principles into the CFSP – and I conclude with a brief reflection on the normative issue of whether the Court stays within its role as a judicial body, where I suggest the CJEU’s approach fits squarely within its duty to say what the law is. Before proceeding any further, however, a few words of background are in order. Continue reading

Opinion 2/13 of the Court of Justice on Access of the EU to the ECHR – One step ahead and two steps back

By Stefan Reitemeyer and Benedikt Pirker

The present contribution is a translated and somewhat simplified version of an article that appeared in German on 23 March 2015 in the Swiss legal online-journal Jusletter. The authors thank the Jusletter for their kind permission to republish the article and Markus Kern and the European Law Blog’s editorial team for valuable comments on earlier versions.

 Readers of this blog will nearly inevitably already have been confronted with this decision. The reactions to the Court’s Opinion have been vivid, to say the least. What did the Court say exactly on this draft agreement for accession to the ECHR? And is the current predominantly negative reaction (see for an exception here) justified? The main aim of the present post is to provide a concise summary of the Court’s findings, but also to provide some early assessment and criticism of the reactions on particular points. After a brief historical introduction to the context of the Opinion, we follow the sequence of analysis of the Court and thus examine in turn:

  • the arguments of the Court on the autonomy of the EU legal order;
  • the monopoly on dispute settlement established by Article 344 TFEU;
  • the co-respondent mechanism;
  • the procedure for the prior involvement of the CJEU and the specific characteristics of EU law concerning judicial review in matters of the Common Foreign and Security Policy (CFSP).

Continue reading