CFSP Flashcards
TRUE or FALSE: the europeasn parliament and the commission drive CFSP matters
FALSE
TRUE or FALSE: the CJEU has jurisdiction over CFSP
- FALSE
-except for specific instances related to sanctions
(Art. 275 TFEU)
Explain Constructive Abstention
-Art. 31(1)
-Abstain from dec.–>
does not block it
-but must accept the comm. of the EU
-refrain from act. that would conf. with union’s stance
-a decision fails if one third of MSs representing 1/3 of eu pop. abstain
Explain the luxemburg compromise
-MS can oppose a dec. 4 VIT. nat. policy reasons
-block adop of QMV dec
-even if other MS agree
TRUE or FALSE: sanctions are not the same as restrictive measures
-FALSE
TRUE or FALSE: THE CFSP is a MS own competence
-FALSE
-Sui genneris
-of its own kind
-neither shared or exclusive
Explain the Decision making procedure on EU Sanctions
- Council Decision (Art. 29 TEU) (Art. 21(2)
-council adopts by unanimity
-impl. by MS - Council regulation submitted jointly
(Art. 215 TFEU–> econ sanc.)
-IF the the CD speaks of interruption of economic and/ or financial relations
–> adopt council regulation
–> Adopted by QMV–> EU Competnece
(Mostly unanimity, unless certain financial sanction requires)
Explain the role of the European Parliament in the CFSP
TRUE or FALSE: the european council plays a role of scrutiny in CFSP matters
-Yes, can’t really decide nuthing
-Consultation, holding debates (Art. 36 TEU)
-Must b. kept informed (Art. 218(10) TFEU
Explain the role of the High representative in the CFSP
-Bridge between non-CFSP + CFSP, Council + Commission
-VP of the com. (Art. 17 TEU)
-Ensures implementation of the CFSP
-Extern. rep. of the union
Explain the role of the court in CFSP Matters
- No jurisdiction
-Exception for CFSP
-“Carve out”
-“specific rules and procedures”
-Art. 24 TEU
-Art. 275 TFEU and 40 TEU
-
TRUE or FALSE: Art. 40 TEU prevents conflicts of interest
-Yes, chinese wall, no overlap in tasks
-e.g: CFSP being protected by TFEU actions
Explain the legal basis of the CFSP
-Art. 2(4) TFEU
-says it straight up
Explain the decision making process in the CFSP
-EUCO conf. general direction of the CFSP
-(Art. 26(1)
-Commossion can submit proposals alongside HR/VP –
-(Art. 30 TEU)
-Council makes decisions unanimously
-Foreign Affairs cOUNCIL
TRUE: CFSP matters require unanimity
-For the most part (Art. 31(1)TEU)
-Exceptions (QMV)
-Art. 31(2) TEU
What did the Kazakhstan case conclude about the CFSP?
-In order to decipher where policy falls within eu law(e.g: CFSP, CCP, internal legislation)
-main/ predominant compent vs. incidental object
-QMV is not always req. 4 Art. 218(9)
-unanimity need in some casesRTRrRR
What did the Inter-institutional battle confirm about the CFSP?
-Dual legal basis for sanctions not possible (Art. 75 + 215 TFEU) when the procedures a
-Art. 215 when it comes to more external measures
What did the russia today case conclude about the CFSP
-fun. Rights (e.g: freedom of press) can be dilanggar
-in name of CFSP
-Lawful
-proportionality
-legitimate objectives
-Suitable & Necessary
What did the Kadi case confirm about the CFSP
-In terms of just adopting UN sanction
-cannot blindly do this
-judicial review !!!
-UN res. cannot overthrow EU FRs
Explain the general structure of answering questions based on the CFSP
-Conditions
Aim
(1) Centre of gravity Test (Titanum Dioxide)–>
- Legal basis
-if dual legal basis + proc. irreconc. =
-2 dif. agreements needed (AL Qaeda Sanctions)
- If second purpose/ policy incidental–> one legal basis–> one purpose
NB: legal basis to remember
-Art. 215 TFEU–> International Issues
-Art. 75 TFEU–> Internal terrorism
