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
http://hdl.handle.net/10993/37002
Conflict of Legal Bases and the Internal-External Security Nexus: AFSJ versus CFSP
English
Gatti, Mauro[University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
2018
Constitutional Issues of EU External Relations Law
Neframi, Eleftheria
Gatti, Mauro
Nomos
89-110
No
978-3-8487-3399-6
[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.
[University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
