A Political Question Doctrine for the CFSP - The CJEU’s Jurisdiction in the KS and KD Case

Abstract

On 10 September 2024, the CJEU issued its judgment in the joined cases of KS and KD, addressing the scope of its jurisdiction within the Common Foreign and Security Policy. Specifically, the Court asserted its jurisdiction in so far as the harm-causing conduct did not relate to “political or strategic” choices made in the context of the CFSP. I criticize the Court’s reliance on such an ill-defined concept to delineate the boundaries of its jurisdiction and argue that removing the limitations on the CJEU’s jurisdiction within the CFSP would require a reform of the Treaties.

Keywords

• CFSP
• CJEU
• CSDP
• EU
• KS and KD Case
• political question doctrine