Judicial review of Common Foreign and Security Policy by the ECtHR and the (re)negotiation on the accession of the EU to the ECHR
| Author | Maria José Rangel de Mesquita |
| Published date | 01 June 2021 |
| Date | 01 June 2021 |
| DOI | http://doi.org/10.1177/1023263X20988241 |
| Subject Matter | Articles |
Article
Judicial review of Common
Foreign and Security Policy
by the ECtHR and the
(re)negotiation on the
accession of the EU
to the ECHR
Maria Jos´
e Rangel de Mesquita*
Abstract
The article addresses the issue of judicial control of the implementation of Common Foreign and
Security Policy at international regional level within the framework of the relaunching of the
negotiation in view of the accession of the EU to the ECHR. Considering the extent of jurisdiction
of the CJEU in respect of Common Foreign and Security Policy field in the light of its case law
(sections 1 and 2), it analyses the question of judicial review of Common Foreign and Security
Policy within international regional justice by the ECtHR in the light of the ongoing negotiations
(section 3), in the perspective of the relationship between non-national courts (section 3.A), having
as background the (2013) Draft Agreement of accession (section 3.B.1). After addressing the
relaunching of the negotiation procedure (section 3.B.2) and the issue of CFSP control by the
ECtHR according to the recent (re)negotiation meetings (section 3.B.3), some concrete proposals,
including for the redrafting of the accession agreement, will be put forward (section 3.B.4), as well
as a conclusion (section 4).
Keywords
Common Foreign and Security Policy , judicial review, international r egional justice, European
Union accession to the European Convention on Human Rights, European Court of Human Rights
* Faculty of Law, University of Lisbon, Alameda da Universidade, Cidade Universit´
aria, Lisboa PT, Portugal
Corresponding author:
Maria Jos´
e Rangel de Mesquita, Faculty of Law, University of Lisbon, Alameda da Universidade, Cidade Universit´
aria
1649-014 Lisboa PT, Portugal.
E-mail: mjrangeldemesquita@fd.ulisboa.pt
Maastricht Journal of European and
Comparative Law
2021, Vol. 28(3) 356–370
ªThe Author(s) 2021
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DOI: 10.1177/1023263X20988241
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