The Role of the Court of Justice in the International Relations of the EU

Although not featured frequently in public debate over the political future of the EU or Brexit, the central role of the Court of Justice in the development of the EU is not likely to be eclipsed in the years to come. What has enabled the Court to play such a role has been its particular approach to legal reasoning, aptly described as meta-teleological, but also acceptance of is role by the Court’s various audiences. As the EU has developed a greater role in various aspects of the international relations of the EU, the Court is presented with a complex range of issues where the possibility of backlash from important constituencies is perhaps greater than before. Thus far, the Curt has not modified its overall approach in this field, illustrated most dramatically in its Opinion 2/13, which has complicated relations between the EU and an admittedly sympathetic Council of Europe. However, the Court has an important jurisdiction over the Common Foreign and Security Policy (CFSP), and its role regarding draft international agreements may prove very important in the Brexit process. This paper examines the jurisdiction of the Court in the international relations of the EU, including over i. the CFSP, ii international aspects of the Area of Freedom, Security and Justice, and iii. Brexit, and argues that a wide range of possibilities are open to the Court based on its current approach to legal reasoning and that the political scope and legitimacy of EU action may depend to a significant extent on what approach the Court takes.