CONSTITUTIONAL BREAKTHROUGH OF THE COMMON FOREIGN AND SECURITY POLICY IN THE CONTEXT OF BANK REFAH KARGARAN CASE
CONSTITUTIONAL BREAKTHROUGH OF THE COMMON FOREIGN AND SECURITY POLICY IN THE CONTEXT OF BANK REFAH KARGARAN CASE

Summary/Abstract: In the appeal case of Bank Refah Kargaran v Council, the EU Court of Justice established its jurisdiction over claims for damages in the field of Common Foreign and Security Policy (CFSP) pertaining to restrictive measures against individuals. The case at hand indicates a broader tendency of the Court to expand the contours of its review despite limitation clauses set out in the Lisbon Treaty. Driven by the present case and former case law, the Court emphasized the importance of effective judicial protection in preserving the unity of the EU legal order. Thus, the Court reaffirmed its ambitions in terms of further constitutionalization of CFSP matters in the name of the rule of law and human rights protection. The paper aims to shed some light on the process of constitutionalization of the CFSP which has been underway for some time, but also to investigate potential impacts of the judgment at hand considering political sensitivity of foreign affairs and shared power of national courts in exercising judicial review of the CFSP acts.

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