Jurisdiction of the Court of Justice of the European Union in the Field of the Common Foreign and Security Policy and the Principle of Rule of Law
摘要
Article 2 of the Treaty on European Union (TEU) establishes fundamental values of the European Union (EU) and the rule of law is one of them. For its part, Article 19 para 1 of the TEU establishes the primary objective of the Court of Justice (CJEU, the Court)—to ensure the respect for the principle of rule of law within the European Union. This provision consolidates the jurisprudence of the CJEU initiated by the Les Verts judgement and secures the central place of the Court in fulfilling this task within the EU judicial system. Still the EU primary law establishes various derogations to the general jurisdiction of the CJEU. One of the most extensive derogations is established in Article 275 of the Treaty on the Functioning of the European Union (TFEU) in the field of the Common Foreign and Security Policy (CFSP). Thus, the aim of the chapter is to provide for an outline of the jurisprudence of the CJEU as regards its jurisdiction in the CFSP field and its impact on the overall EU constitutional architecture. In order to do that, first, the special character and place of the CFSP in the EU constitutional architecture will be discussed. Then the recent case law of the CJEU in this field will be analysed. The analysis will focus on the efforts of the CJEU to find the right balance between the wording of the EU primary law and the need to ensure the unity, effectiveness of EU law and respect for the rule of law. It will provide an insight into the impact of this jurisprudence on the overall balance of powers between EU political institutions and the CJEU as well as the CJEU and national courts.