In the Name of the Rule of Law? CJEU Further Extends Jurisdiction in CFSP (Bank Refah Kargaran)

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 17-24 | European Forum Insight of 29 March 2021 | (Table of Contents) I. Introduction. - II. The judgment and the AG opinion. - III. Comment: stretching the text of the treaties in the name of the rule of law? | (Abstract) In Bank Refah Kargaran (case C-134/19 P Bank Refah Kargaran v Council ECLI:EU:C:2020:793), the Court of Justice decided that it has jurisdiction to award damages for non-contractual liability incurred by the EU for harm caused by certain restrictive measures in Common foreign and security policy (CFSP) decisions. In so doing, the Court of Justice further extends its jurisdiction within the CFSP. The Court interprets narrowly the limits to its jurisdiction provided for in arts 24 TEU and 275 TFEU. This Insight finds the Court's reasoning insufficient to justify a departure from the Treaty text, which limits the jurisdiction the Court of Justice of the EU to "proceedings [...] reviewing the legality of decisions providing for restrictive measures". The action for damages is no such proceeding.

Keywords

• common foreign and security policy (cfsp)
• jurisdiction
• action for damages
• restrictive measures
• unity of the eu legal order
• right to an effective remedy