Resumen de Decentralised integration? Fundamental rights protection in the EU Common Foreign and security policy
This paper examines how fundamental rights are protected in the specific context of the EU Common Foreign and Security Policy, against the backdrop of the European Court of Justice’s Opinion 2/13 on the EU accession to the ECHR. As any area of EU law, the CFSP must be implemented in compliance with EU fundamental rights. The jurisdiction of the European Court of Justice plays a critical if limited part in ensuring such compliance, which Member States’ judiciaries complement, acting as “guardians of (the) legal order and the judicial system of the (EU)”. Such a mixed judicial control over the CFSP derives from the Court’s established case law, as well as from the Treaty of Lisbon, and the deeper integration of the CFSP in the EU legal order that it envisages.
