Centre of Gravity; CFSP; AFSJ; CSDP; Legal basis; Conferral
Résumé :
[en] The choice of legal bases may seem a question of technical detail, but has significant constitutional implications. However, there are considerable doubts about the delimitation of two functionally overlapping areas: the Common Foreign and Security Policy (CFSP) and the Area of Freedom Security and Justice (AFSJ). Three post-Lisbon judgments – Smart sanctions (2012), Mauritius (2014) and Tanzania (2016) – may potentially shed some light on this topic. The present contribution analyses the case law, distilling the elements that, according to the Court, may allow EU institutions to properly identify the legal bases of security-related acts. The analysis also elucidates the shortcomings in the reasoning of the Court and suggests alternative solutions that might increase legal clarity.
Disciplines :
Droit européen & international
Auteur, co-auteur :
GATTI, Mauro ; University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit
Co-auteurs externes :
no
Langue du document :
Anglais
Titre :
Conflict of Legal Bases and the Internal-External Security Nexus: AFSJ versus CFSP
Date de publication/diffusion :
2018
Titre de l'ouvrage principal :
Constitutional Issues of EU External Relations Law
