Volume 47 (2010) / Issue 4
Peter Van Elsuwege, 'EU External Action after the Collapse of the Pillar Structure: In search of a New Balance between Delimitation and Consistency' (2010) 47 Common Market Law Review, Issue 4, pp. 987–1019
This article analyses the relationship between the EU’s Common Foreign and Security Policy (CFSP) and its other external policies after the entry into force of the Treaty of Lisbon. It discusses the implications of the EU’s single legal personality and the institutional innovations to enhance the coherence of the EU’s external action in light of the division of EU external powers and competences. It is argued that the ill-defined nature of CFSP competences and the abolition of the hierarchical delimitation rule of former Article 47 (now as amended Art. 40) TEU places the Court of Justice for a nearly impossible task to delineate the boundaries between the different components of EU external action. The potential for inter-institutional conflicts is illustrated with the new rules for the adoption of restrictive measures against individuals. It is concluded that the delimitation of competences in the field of EU external action cannot be disconnected from the duty of consistency.
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