Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Hillion, Christophe; Wessel, Ramses A. --- "‘The Good, the Bad and the Ugly’: three levels of judicial control over the CFSP" [2018] ELECD 1265; in Blockmans, Steven; Koutrakos, Panos (eds), "Research Handbook on the EU’s Common Foreign and Security Policy" (Edward Elgar Publishing, 2018) 65

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

Editor(s): Blockmans, Steven; Koutrakos, Panos

Publisher: Edward Elgar Publishing

ISBN: 9781785364075

Section: Chapter 4

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

Author(s): Hillion, Christophe; Wessel, Ramses A.

Number of pages: 23

Abstract/Description:

The role of the CJEU in relation to the CFSP is fast expanding. This is largely the result of the incremental integration of this policy area in the increasingly constitutionalized EU legal order. By examining possible forms of judicial control over CFSP at different EU, international and domestic 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 more holistic picture of possibilities and pitfalls. It 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 State level, and externally by involving international and/or third countries’ courts. Our main argument is that 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.