Legal Basis Of Common Foreign And Security Policy With Particular Emphasizes On The Role Of The Court Of Justice Of EU Presented by: Dr. Masło Date: 7 March 2024 Lisbon Treaty (2007) - Abolishing the three-pillar structure of the EU, - Unification the EU's objectives in external relations, - New tasks in the field of defense: - • Missions related to military advice or post- conflict stabilization, • A commitment to collective self-defense, Extinguishing the modified Brussels Treaty and dissolution the WEU, Distinctiveness Of The CFSP And CDP - Set out in TEU, - Subject to specific rules and procedures, - Distribution of competences, - Institutional implementation, - Other external actions of the EU are regulated in the TFEU, - Subject to specific rules and procedures, - Implemented primarily by intergovernmental institutions, - Declaration No 13: • The provisions of the TEU do not affect the current responsibility of the MS's for the formulation and conduct of their own foreign policy, • - the specific nature of the MS's security and defense policy, Declaration No. 14: • Each MS is responsible for the formulation and conduct of its own foreign policy, its national diplomatic service, its relations with third countries and its participation in international organizations, - The distribution of competences between the EU and its MS, - “In accordance with the provisions of the Treaty on European Union, the Union shall have competence to define and implement a common foreign and security policy, including the progressive framing of a common defense policy.” - MS are responsible for public policy and the protection of internal security, - Exclusion the possibility of adopting the legislative acts - CFSP: general guidelines and decisions, - Exclusion the supranational institutions from the decision-making process in CFSP - The definition and implementation of the CFSP has been entrusted to the European Council and the Council, The Role Of The Court Of Justice of EU - Significantly limitation the competence of the CJEU in the field of CFSP, - Exceptions pointed out in art. 40 TEU, - Exclusion the complaint pointed out in art. 258 TEU; - Article 40 TEU • The implementation of the common foreign and security policy shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences referred to in Articles 3 to 6 of the Treaty on the Functioning of the European Union. • 'Guardian of the borders' between the CFSP and other EU policies and actions, • The distinctiveness of two regimes, • Decisions adopted in the CFSP do not encroach on the competences which the provisions of the TFEU confer on the EU in the field of policies other than the CFSP; • - The inappropriateness of the legal basis, Article 275 (2) TFEU • […] the Court shall have jurisdiction to rule on proceedings, brought in accordance with the conditions laid down in the fourth paragraph of Article 263 of this Treaty, reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council on the basis of Chapter 2 of Title V of the Treaty on European Union. • Review the legality of decisions providing for restrictive measures against natural or legal persons, • Reviewing the legality of decisions providing for restrictive measures against natural or legal persons in a twofold procedure:  Set out in Article 263 TFEU,  Set out in Article 267 TFEU, - • Decisions adopted by the Council, • Decisions provide for restrictive measures against persons, Art. 218 (11) TEU • An opinion on the compatibility of international agreements? • Part of the uniform procedure for the conclusion of international agreements by the EU • Competence the European Commission and the European Parliament to request the CJEU to give an opinion?