The Role of CJEU in Institutional Litigation of Common Foreign and Security Policy
| Autor: | Chen-lun Chang, 張朕倫 |
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| Rok vydání: | 2019 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 This thesis discusses case law of the competence regarding to the delimitation of Common Foreign and Security Policy(CFSP) established by Court of Justice of the European Union (CJEU). The purpose of this thesis is clarifying the legal principles used by CJEU and the role of CJEU in the institutional litigation of European Union. First, this thesis explores the principle of institutional balance from two aspects. One is the static observation of how CJEU interprets institutional relationship between EU institutions, and the other one is the dynamic observation of the evolution of institutional balance. Second, this thesis explores the case law regarding to the choice of legal basis, and discusses the choice of legal basis of EU measures. In this thesis, we found that court cases of institutional litigation of CFSP overlapped with Development policy.and Area of Freedom, Security and Justice (AFSJ). This thesis found that CJEU recognized the nexsus between security and development then broadened the Development policy competence. With regard to AFSJ overlapped with CFSP cases, the approach of CJEU turned to balance the competence and narrowed AFSJ competence. CFSP remain as a sui generis competence before or after Lisbon treaty. In this thesis we found Lisbon treaty changed the relationship with other community competences and CJEU turned to balance of competence approach to preserve the integrity of CFSP competence. Although CJEU narrowed the community competence, CJEU use principle of institution balance to enhance the European Parliament’s role in CFSP decision procedure. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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