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Accountability in EU Security and DefenceThe Law and Practice of Peacebuilding$
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Carolyn Moser

Print publication date: 2020

Print ISBN-13: 9780198844815

Published to Oxford Scholarship Online: June 2020

DOI: 10.1093/oso/9780198844815.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 July 2021

Legal Accountability: Beyond Jurisdictional Reach?

Legal Accountability: Beyond Jurisdictional Reach?

Chapter:
(p.177) 6 Legal Accountability: Beyond Jurisdictional Reach?
Source:
Accountability in EU Security and Defence
Author(s):

Carolyn Moser

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198844815.003.0006

This chapter deals with legal accountability arrangements in the context of EU peacebuilding activities carried out under the CSDP with a special focus on legality, access to justice, and monetary relief. It starts by illustrating why and how judicial actors were kept at a safe distance from EU foreign policy and security matters. The analysis then moves on to sketch out the limited function of national judicial actors in adjudicating matters pertaining to civilian CSDP. Subsequently, the chapter discusses the important role of the CJEU with regard to foreign policy issues (ie the implied and contingent jurisdictional competences of the Court), while concentrating on recent case law pertaining to civilian CSDP. Moreover, it measures the wider jurisdictional field, that is, the division of labour between the CJEU on the one hand, and national courts and the ECtHR on the other. Finally, the chapter draws some conclusions on the evolution and current state of legal accountability in civilian CSDP.

Keywords:   Legal accountability, Court of Justice of the EU, European Court of Human Rights, National courts, Judicial review, Attribution, Implied and contingent jurisdictional competences, Policy delimitation, Derivative CFSP decisions, Lex imperfecta

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