Suing the European Union in the UK: Tomanović et. al. v. the European Union et. al.

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 345-357 | European Forum Insight of 13 May 2019 | (Table of Contents) I. Introduction. - II. Background. - III. The issue of legal personality. - IV. The decisive argument: lacking incorporation of the CFSP provisions into domestic law. - V. The obiter dictum on jurisdiction and immunities. - V.1. The High Court's reasoning. - V.2. Comments. - VI. The obiter dictum on the significance of Foto-Frost. - VI.1. The High Court's reasoning. - VI.2. Comments. - VII. The implications of Brexit. - VIII. Conclusion. | (Abstract) In its judgment of 13 February 2019 in the case of Tomanović et. al. v. the European Union et. al., the English High Court of Justice dismissed several claims based on human rights violations by EULEX Kosovo. Although the High Court's dismissal was ultimately based on the lacking incorporation of the Treaty provisions on the Common Foreign and Security Policy into domestic law, the judgment contains extensive obiter dicta discussing key Union law matters. In this Insight I summarize, contextualize and reflect critically upon the High Court's reasoning. In particular, I focus on the extent of the Court of Justice's jurisdiction over - and the application of the Foto-Frost principle to - the CFSP.

Keywords

• domestic courts
• common foreign and security policy
• art. 274 tfeu
• art. 275 tfeu
• immunities
• accountability