Escaping Jurisdictional Blackholes - Why National Courts Should Step Up in the Area of EU Common Foreign and Security Policy and Actively Protect Fundamental Rights

Abstract

There is a lack of effective judicial protection in the field of EU Common Foreign and Security Policy. In a recent opinion, AG Ćapeta has suggested that the solution rests with asserting the possibility of establishing the non-contractual liability of the EU for breach of fundamental rights in CFSP cases, regardless of whether the measure imposes restrictions. However, the Council also has a positive duty stemming from the Charter to include a jurisdictional clause in all CFSP measures indicating the national court which has jurisdiction in those cases.

Keywords

• CFSP
• EU ECHR accession
• European Charter of Fundamental Rights
• fundamental rights