CFSP

Question 1

TRUE or FALSE: the europeasn parliament and the commission drive CFSP matters

Answer 1

FALSE

Question 2

TRUE or FALSE: the CJEU has jurisdiction over CFSP

Answer 2

• FALSE
  -except for specific instances related to sanctions
  (Art. 275 TFEU)

Question 3

Explain Constructive Abstention

Answer 3

-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

Question 4

Explain the luxemburg compromise

Answer 4

-MS can oppose a dec. 4 VIT. nat. policy reasons
-block adop of QMV dec
-even if other MS agree

Question 5

TRUE or FALSE: sanctions are not the same as restrictive measures

Answer 5

-FALSE

Question 6

TRUE or FALSE: THE CFSP is a MS own competence

Answer 6

-FALSE
-Sui genneris
-of its own kind
-neither shared or exclusive

Question 7

Explain the Decision making procedure on EU Sanctions

Answer 7

1. Council Decision (Art. 29 TEU) (Art. 21(2)
   -council adopts by unanimity
   -impl. by MS
2. 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)

Question 8

Explain the role of the European Parliament in the CFSP

Question 8

TRUE or FALSE: the european council plays a role of scrutiny in CFSP matters

Answer 8

-Yes, can’t really decide nuthing
-Consultation, holding debates (Art. 36 TEU)
-Must b. kept informed (Art. 218(10) TFEU

Question 9

Explain the role of the High representative in the CFSP

Answer 9

-Bridge between non-CFSP + CFSP, Council + Commission
-VP of the com. (Art. 17 TEU)
-Ensures implementation of the CFSP
-Extern. rep. of the union

Question 10

Explain the role of the court in CFSP Matters

Answer 10

• No jurisdiction
  -Exception for CFSP
  -“Carve out”
  -“specific rules and procedures”
  -Art. 24 TEU
  -Art. 275 TFEU and 40 TEU

-

Question 11

TRUE or FALSE: Art. 40 TEU prevents conflicts of interest

Answer 11

-Yes, chinese wall, no overlap in tasks
-e.g: CFSP being protected by TFEU actions

Question 12

Explain the legal basis of the CFSP

Answer 12

-Art. 2(4) TFEU
-says it straight up

Question 13

Explain the decision making process in the CFSP

Answer 13

-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

Question 14

TRUE: CFSP matters require unanimity

Answer 14

-For the most part (Art. 31(1)TEU)
-Exceptions (QMV)
-Art. 31(2) TEU

Question 15

What did the Kazakhstan case conclude about the CFSP?

Answer 15

-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

Question 16

What did the Inter-institutional battle confirm about the CFSP?

Answer 16

-Dual legal basis for sanctions not possible (Art. 75 + 215 TFEU) when the procedures a
-Art. 215 when it comes to more external measures

Question 17

What did the russia today case conclude about the CFSP

Answer 17

-fun. Rights (e.g: freedom of press) can be dilanggar
-in name of CFSP
-Lawful
-proportionality
-legitimate objectives
-Suitable & Necessary

Question 18

What did the Kadi case confirm about the CFSP

Answer 18

-In terms of just adopting UN sanction
-cannot blindly do this
-judicial review !!!
-UN res. cannot overthrow EU FRs

Question 19

Explain the general structure of answering questions based on the CFSP

Answer 19

-Conditions
Aim
(1) Centre of gravity Test (Titanum Dioxide)–>

2. 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