Improving the lex imperfecta: effective judicial protection and preliminary ruling in the CFSP (with regard to the Rosneft case)
DOI:
https://doi.org/10.18042/cepc/rdce.58.02Keywords:
CFSP, Jurisdiction of the CJEU, preliminary ruling, restrictive measures against natural or legal persons, effective judicial protection, article 47 of the Charter of Fundamental Rights of the European Union, Foto-Frost case law.Abstract
The judgment of the CJ in the Rosneft case, in which proclaims its competence to answer to preliminary rulings of validity, supposes a qualitative jump in the task of clarifying the scope of judicial review in the CFSP and puts an end to the uncertainty so far existing on the possibility of recourse to this mechanism of judicial cooperation in an area in which the general rule is the lack of competence of the CJEU. On the basis that the preliminary ruling is a means for reviewing the legality, the judgment emphasizes its special relevance to ensure effective judicial protection in a sector that usually requires the adoption of State implementing measures; at the same time, the Court affirms the application of the Foto-Frost case law to the decisions adopted in the field of CFSP with respect to which the treaties give it competence.With this decision, the CJ contributes to improve the lex imperfecta governing the CFSP, opening the door to the jurisdictional organs use the preliminary ruling with respect to the acts of that area which according to the treaties are not covered by the jurisdictional immunity.
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2017-12-13
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