Joined cases C-29/22 P and C-44/22 P KS and KD V council and others: From expansive judicial review to the political question doctrine in the law of the CFSP?

Malíř, Jan (2026) Joined cases C-29/22 P and C-44/22 P KS and KD V council and others: From expansive judicial review to the political question doctrine in the law of the CFSP? HUNGARIAN JOURNAL OF LEGAL STUDIES, 66 (2). pp. 131-151. ISSN 2498-5473

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Abstract

In Joined Cases C-29/22 P and C-44/22 P (KS & KD v Council & Others), the Court of Justice (Court) newly delineated the jurisdiction of the Court of Justice of the European Union (CJEU) in the area of the Common Foreign and Security Policy (CFSP), which had expanded since the entry of the Lisbon Treaty into force. As the Court clarified, apart from situations in which the CJEU possesses jurisdiction in CFSP matters pursuant to express provisions of Article 24(1) TEU and the second subparagraph of Article 275 TFEU, it may also hear challenges to acts or omissions in the context of the provisions on the CFSP unless they are directly related to the ‘political or strategic choices’ made in the context of the CFSP.

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