Reference : Conflict of Legal Bases and the Internal-External Security Nexus: AFSJ versus CFSP
Parts of books : Contribution to collective works
Law, criminology & political science : European & international law
Law / European Law
Conflict of Legal Bases and the Internal-External Security Nexus: AFSJ versus CFSP
Gatti, Mauro mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Constitutional Issues of EU External Relations Law
Neframi, Eleftheria mailto
Gatti, Mauro mailto
[en] Centre of Gravity ; CFSP ; AFSJ ; CSDP ; Legal basis ; Conferral
[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.

File(s) associated to this reference

Fulltext file(s):

Limited access
Gatti - AFSJ vs CFSP.pdfPublisher postprint241.11 kBRequest a copy

Bookmark and Share SFX Query

All documents in ORBilu are protected by a user license.