European Union (Amendment) Bill

Perhaps I can help to answer one of the questions that has been asked about the powers of the European Court of Justice over common foreign and security policy. I draw noble Lords’ attention to Article 275 of the Treaty on the Functioning of the European Union. It states: "““The Court of Justice of the European Union shall not have jurisdiction with respect to the provisions relating to the common foreign and security policy nor with respect to Acts adopted on the basis of those provisions””." I add for the sake of completeness: "““However, the Court shall have jurisdiction to monitor compliance with Article 40 of the treaty on European Union””—" I think that is the one that says that what is done under CFSP should not impinge on Community competence— "““and to rule on proceedings … reviewing the legality of decisions providing for restrictive measures””." I think that that refers to the rules on the blacklisting of terrorist organisations, where the Court of Justice does have competence, which it is increasingly exercising. That very restricted competence in the second pillar of the CFSP for judicial review by the Court of Justice is spelt out in Article 275 and is very limited.