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The Good, the Bad and the Ugly’: three levels of judicial control over the CFSP

Book title: Research Handbook on the EU’s Common Foreign and Security Policy

Published: 24 Mar 2019
Summary:

By examining possible forms of judicial control over CFSP at different levels (‘the good, the bad, and the ugly’), this chapter aims to discuss the Court’s approach to the system of judicial control over the CFSP and to provide a holistic picture of possibilities and pitfalls. Having recalled the post-Lisbon developments in the CJEU’s jurisdiction in relation to the CFSP, the present contribution thus asks whether and, if so, to what extent remaining gaps in the Court’s control can be filled by involving other courts: both internally at Member States level, and externally by involving international and/or third countries’ courts. Our main argument is that the Court’s suspicion in relation to alternative judicial oversight may be legitimate. Yet acknowledged gaps in the EU system of judicial remedies in relation to the CFSP ought to be filled for the Union to meet the requirements of the rule of law.