Treaty of Lisbon (No. 5)

That goes to the heart of the difference between a European Union foreign policy that is complementary to national policies and one that substitutes for them. The issue of ballistic missile defence is a bilateral rather than multilateral one. Common foreign and security policy remains intergovernmental and in a separate treaty. Importantly, as I explained to the hon. Member for Hertsmere (Mr. Clappison), the European Court of Justice's jurisdiction over substantive CFSP policy is clearly and expressly excluded. As agreed at Maastricht, the ECJ will continue to monitor the boundary between CFSP and other EU external action, such as development assistance. But the Lisbon treaty considerably improves the existing position by making it clear that CFSP cannot be affected by other EU policies. It ring-fences CFSP as a distinct, equal area of action.