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Working paper

The Role Of The Court Of Justice Of The European Union In The Development Of The Common Foreign And Security Policy After The Treaty Of Lisbon

LAW. WP BRP 81. HSE, 2019. No. 90.
This study investigates the involvement of the Court of Justice of the European Union (CJEU) in the development of the common foreign and security policy (CFSP) after the Treaty of Lisbon. The preliminary results reveal that the competence of the CJEU in CFSP is limited because EU member states (MS) avoid extending the principle of direct effect and other acquis of the CJEU in this field. On the basis of the integration through law concept it has been demonstrated that the CJEU (in the realm of rulings as provided by the Treaties) can rule in a way that would almost certainly have an impact on how CFSP is being implemented. This paper provides a reconstruction of the case law in the field and the prospects for integration through legal development.