Escaping Jurisdictional Blackholes - Why National Courts Should Step Up in the Area of EU Common Foreign and Security Policy and Actively Protect Fundamental Rights
There is a lack of effective judicial protection in the field of EU Common Foreign and Security Policy. In a recent opinion, AG Ćapeta has suggested that the solution rests with asserting the possibility of establishing the non-contractual liability of the EU for breach of fundamental rights in CFSP...
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| Format: | Article |
| Language: | deu |
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Max Steinbeis Verfassungsblog GmbH
2023-12-01
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| Series: | Verfassungsblog |
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| Online Access: | https://verfassungsblog.de/escaping-jurisdictional-blackholes/ |
| Summary: | There is a lack of effective judicial protection in the field of EU Common Foreign and Security Policy. In a recent opinion, AG Ćapeta has suggested that the solution rests with asserting the possibility of establishing the non-contractual liability of the EU for breach of fundamental rights in CFSP cases, regardless of whether the measure imposes restrictions. However, the Council also has a positive duty stemming from the Charter to include a jurisdictional clause in all CFSP measures indicating the national court which has jurisdiction in those cases. |
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| ISSN: | 2366-7044 |