Court of Justice of the European Union and the Common Foreign and Security Policy

The paper elaborates the Lisbon Treaty provisions regarding the jurisdiction of the Court of Justice of the European Union (CJEU) in the Common Foreign and Security Policy (CFSP). According the Treaty, the CJEU still has no jurisdiction over the CFSP, but includes some changes regarding the Court’s possibility to review the legality of Council’s acts which impose restrictive measures on individuals. For that purpose, the paper reviews the Lisbon Treaty provisions and some case studies in which the CJEU ruled and reviewed the legality of Council’s acts that violate fundamental rights of individuals. The conclusion points out that the Lisbon Treaty did not introduce significant changes to CJEU jurisdiction, but gave recognition to the practice of the Court, wherewith such changes should be additionally considered in order to give more clarity into the legal regulation of the matter, thus boosting the legal certainty and protection of fundamental rights in the EU