06 December 2017

Butler publishes new article in European Constitutional Law Review

Visiting Assistant Professor at the Centre for European and Comparative Legal StudiesGraham Butler, has published a new article in the European Constitutional Law Review on the EU’s Common Foreign and Security Policy, and the scope of judicial review by the Court of Justice of the European Union.

Recent jurisprudence from the Court has shown that the attempted exclusion of the Court by the drafters of the treaty has not meant the Court is excluded. Since Lisbon, there have been a number of cases before the Court that can be considered constitutional CFSP cases. The issues involved in such constitutional cases – from the legal basis of international agreements, to the manner in which an issue arrives before the Court – may seem trivial. However, when such labels are peeled away, the jurisdiction issue pertaining to the Court is much more complex and prominent than it might first appear. This article demonstrates that the gradual approach by the Court, changing its jurisdiction in CFSP, has had dramatic effects on the manner in which judicial review and judicial protection is managed in the Union.

You can read the article, ‘The Coming of Age of the Court’s Jurisdiction in the Common Foreign and Security Policy’, in the latest issue of the European Constitutional Law Review, published by  Cambridge University Press here.

For more on Graham Butler’s research on European Union law, see his profile at Aarhus University here where he is Assistant Professor of Law, and at the Faculty of Law, University of Copenhagen here, where he is a Visiting Assistant Professor.