The CFSP and Other EU Policies: A Difference in Nature?

Abstract:

The Common Foreign and Security Policy (CFSP) forms part of European Union (EU) external relations but remains in many ways special. Rather than simplifying the Lisbon Treaty has raised a whole new set of issues regarding the relationship between the CFSP and the Union policies under the Treaty on the Functioning of the European Union (TFEU policies). This article examines the nature of the CFSP and its relationship with TFEU policies, drawing amongst others conclusions from the post-Lisbon case law concerning CFSP matters, such as the UN Sanctions case (C-130/10) and the Piracy Agreement case (C-658/11). It argues that the CFSP forms part of the Union acquis and enjoys primacy over national law. Most importantly, the article argues that the Lisbon Treaty has extended the Court’s jurisdiction over CFSP matters in several hidden ways. This is likely to trigger additional constitutionalization dynamics in the area of the CFSP and further approximate CFSP and TFEU policies.