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<p>The scope of the judicial review in the framework of the EU’s Common Security and Defence Policy (CSDP), a branch of the Common Foreign and Security Policy (CFSP), has been evolving over time. The paper addresses the historical context, the interplay between internal and external EU competence, as well as the limitations and exceptions to the jurisdiction of the Court of Justice of the EU over both CSDP and CFSP matters and measures. The analysis highlights the importance of judicial review for safeguarding the right to an effective judicial protection, discusses the impact of recent developments and clarifies how constitutional principles and overlapping legal remedies shape the current legal framework, pending the EU’s accession to the ECHR.</p>

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The consequences of the evolving scope of the judicial review in the framework of the CSDP, a component of the CFSP

  • 期刊论文

  • 发表日期：

    2026年3月1日

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  • Athanase Popov

摘要

The scope of the judicial review in the framework of the EU’s Common Security and Defence Policy (CSDP), a branch of the Common Foreign and Security Policy (CFSP), has been evolving over time. The paper addresses the historical context, the interplay between internal and external EU competence, as well as the limitations and exceptions to the jurisdiction of the Court of Justice of the EU over both CSDP and CFSP matters and measures. The analysis highlights the importance of judicial review for safeguarding the right to an effective judicial protection, discusses the impact of recent developments and clarifies how constitutional principles and overlapping legal remedies shape the current legal framework, pending the EU’s accession to the ECHR.