Demarcating the Union’s Development Cooperation Policy after Lisbon: Commission v. Council (Philippines PCFA)

Introduction:

This case concerns the choice of legal basis for the Council decision authorising the signing of a Framework Agreement on Partnership and Cooperation between the EU and the Republic of the Philippines. This is the first ECJ ruling since the entry into force of the Lisbon Treaty concerning the European Union's external action in the field of development cooperation policy and, as we shall see below, the ruling has not merely confirmed, but also re-framed the principles laid down by the Court in its pre-Lisbon case lase, in particular in Portugal v. Council.

The case also concerned the question of when the special procedures in the area of "justice and home affairs", regarding United Kingdom and Ireland (opt-in) as well as Denmark (opt-out), come into play.