The Common Foreign and Security Policy (CFSP) of the European Union
is a highly exceptional component of the EU legal order. This
constitutionalised foreign policy regime, with legal, diplomatic,
and political DNA woven throughout its fabric, is a distinct
sub-system of law on the outermost sphere of European
supranationalism. When contrasted against other Union policies, it
is immediately clear that EU foreign policy has a special
decision-making mechanism, making it highly exceptional. In the now
depillarised framework of the EU treaties, issues of institutional
division arise from the legacy of the former pillar system. This is
due to the reality that of prime concern in EU external relations
is the question of 'who decides?' By engaging a number of legal
themes that cut across foreign affairs exceptionalism, executive
prerogatives, parliamentary accountability, judicial review, and
the constitutionalisation of European integration, the book lays
bare how EU foreign affairs have become highly legalised, leading
to ever-greater coherence in how Europe exerts itself on the global
stage. In this first monograph dedicated exclusively to the law of
the EU's Common Foreign and Security Policy in modern times, the
author argues that the legal framework for EU foreign affairs must
adapt in a changing world so as to ensure the EU treaties can cater
for a more assertive Europe in the wider world. Cited in Opinion of
Advocate General Evgeni Tanchev, Case C-730/18 P, SC v Eulex
Kosovo, ECLI:EU:C:2020:176, Court of Justice of the European Union
(First Chamber), 5 March 2020; Opinion of Advocate General Gerard
Hogan, Case C-134/19 P, Bank Refah Kargaran v Council of the
European Union, ECLI:EU:C:2020:396, Court of Justice of the
European Union (Grand Chamber), 28 May 2020; and, Opinion of
Advocate General Evgeni Tanchev, Case C-283/20, CO, ME, GC and 42
Others v MJ (Head of Mission), European Commission, European
External Action Service (EEAS), Council of the European Union,
Eulex Kosovo, ECLI:EU:C:2021:781, Court of Justice of the European
Union (Fifth Chamber), 30 September 2021.
General
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