The Evolving Scope of the Judicial Review in the Framework of the CSDP, an Integral Part of the CFSP
Le evoluzioni del controllo giurisdizionale in materia di PSDC, parte integrante della PESC
Les évolutions du contrôle juridictionnel en matière de PSDC, partie intégrante de la PESC
The Common Security and Defence Policy (CSDP) is a component of the CFSP. There is so nothing specific to the CSDP compared to the CFSP as far as the scope of the judicial review by the Court of Justice is concerned, yet it is possible to focus more specifically on the cases dealing with CSDP. Their importance is growing given that the EU is currently expanding its defence policies. The existing partial non-justiciability of certain CSDP measures is hardly acceptable. While the recent case-law has reduced the non-justiciability in that area, it has also confirmed it more explicitly than before. The discussion about the judicial review concerns all the remedies under Union law: the definition of the ratione materiae jurisdiction in CSDP matters affects both actions for damages, actions for annulments and preliminary references, with certain nuances and uncertainties. The right to an effective judicial protection allows the Union judicature to depart to a certain extent from the literal wording of the Treaties. Last but not least, the entire discussion affects the prospects of the EU’s accession to the ECHR, while paradoxically the negotiation process focuses on the case-law although the executive is bound by the case-law, but has no negotiation margin on it.
