To read the full article please click here.
Professor Panos Koutrakos‘ article – “Judicial Review in the EU’s Common Foreign and Security Policy”, opens the latest issue of International and Comparative Law Quarterly (67(1), 1-35).
The EU’s Common Foreign and Security Policy (CFSP) was conceived of as an area ill-suited for full judicial review by the Court of Justice of the European Union. The Lisbon Treaty confers on the Court limited jurisdiction which the recent case law has interpreted in broad terms. This article will place this case law in the broader constitutional setting of the EU legal order and will provide a critical analysis of its implications for both the EU’s and domestic courts. The analysis is structured on the basis of three main themes. The first is about the position of CFSP in the EU’s constitutional architecture: the article will analyse the constitutional ambivalence that characterizes this position and how it is conveyed by the provisions of the Treaty on the European Union and the Treaty on the Functioning of the European Union governing the Court’s jurisdiction. The second theme is about the recent case law, and the integrationist approach that the Court of Justice has adopted to the scope of its jurisdiction. The third theme is about national courts: the article will argue that recent case law has been too quick to dismiss them, and that primary law renders them an essential part of the judicial review system governing CFSP.
To access the article please click here.
The UKTF is an independent and non-partisan group of trade policy experts from various backgrounds – law, civil service, journalism, academia, civil society – committed to improving the quality of public debate about international trade and investment policy in the United Kingdom. George Pertetz QC and Tom Sebastian are on the steering committee.
Speaking at GCR Live London, Kassie Smith QC of Monckton Chambers said there was a need for certainty about whether English judgments would still be enforceable in the rest of Europe once Brussels’ “Recast” rules, which ensure judgments between EU members states are recognised and enforced, fall away after Brexit. To read the full reportage by Hettie O’Brien, click here.
Public Procurement and Construction law specialist Michael Bowsher QC contributed to today’s article in The Times, written by Jonathan Ames which envisages that procurement law specialists will also be involved in the inquiry to the tragedy:
“Michael Bowsher, QC, of Monckton Chambers, acknowledges that discussion is speculative at present, but highlights several likely issues. The inquiry and lawyers involved in any subsequent legal action on behalf of residents will want to investigate the contractual arrangements for the tower’s management and whether there were any financial incentives for “key performance indicators”.
Subscribers to the Times can read the full article here.
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