Butler article on the law of the EU’s Common Foreign & Security Policy – University of Copenhagen

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14 October 2016

Butler article on the law of the EU’s Common Foreign & Security Policy

Graham Butler, PhD Fellow at the Centre for Comparative and European Constitutional StudiesFaculty of Law has published a new article on the legal dimension of the EU’s Common Foreign and Security Policy.

The article, ‘The Ultimate Stumbling Block? The Common Foreign and Security Policy, and Accession of the European Union to the European Convention on Human Rights’, principally addresses the legal dynamics of CFSP in light of Opinion 2/13 delivered by the Court of Justice of the European Union in 2014. With a long history of attempted EU accession to the Convention and the level of political significance weighing on it, central to the dilemma that the EU Court of Justice faced was that the proposed Draft Accession Agreement would cover the entirety of the Union’s undertakings. The question therefore was, did it have regard for the specific nature of particular areas of Union law that are ‘apart’ from the regular Union legal order, such as a policy domain like the Common Foreign and Security Policy?

In a wide-ranging Opinion, the Court of Justice detailed a number of incompatibilities with the proposed Draft Agreement to allow the EU to accede to the Convention, concluding ultimately that it was not in compliance with the primary law of the Union. In finding fundamental problems with the Draft Agreement, of which there were seven distinct arguments, the Court of Justice stated that it undermined the autonomy of Union law and its entire legal order. Whilst there has already been a host of scholarship on the outcome of Opinion 2/13, the article focuses principally on CFSP law – by far the most controversial, and problematic aspect that accession to the European Convention on Human Rights has thrown up from the perspective of Union law.

You can read more, and access the article published here.

For more on Graham Butler’s research, see his profile at the Faculty of Law, University of Copenhagen here.