Denialism as the Supreme Expression of Realism - A Quick Comment on NF v. European Council

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2017 2(1), 251-257 | European Forum Insight of 15 March 2017 | (Table of Contents) I. A further step in the troubled qualification of the EU-Turkey deal. - II. The standard of attribution adopted by the General Court. - III. The many misgivings of the Order. - IV. Constitutional implications. - V. Conclusions. | (Abstract) By Order of 28 February 2017 in case T-192/16, NF v. European Council, the General Court dismissed as inadmissible an action for annulment brought against the s.c. EU-Turkey deal concluded on 18 March 2016. In the view of the General Court, independently of its binding nature, the deal is to be attributed to the Member States and not to the EU. This Insight examines the technical shortcomings of this conclusion, and its controversial political wisdom.

Keywords

• eu-turkey deal
• attribution
• decisions of the member states representatives meeting within the council