ABSTRACT

The EU counters terrorism in its relations with the outer world both in the context of the Area of Freedom Security and Justice (AFSJ) and the Common Foreign and Security Policy (CFSP). In these areas before the Lisbon Treaty entered into force, executive powers dominated the decision-making process. The European Parliament was excluded both from the decision-making process leading to conclusion of international agreements in the former third pillar and from the CFSP. The role of the Court of Justice of the European Union (CJEU) was limited in the AFSJ.1 The Treaty change of 2009 enhanced the democratic oversight over the approval of EU international agreements and broadened the competence of the Court in the context of the CFSP. Under Article 275 TFEU, second paragraph, the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council on the basis of the CFSP is subject to judicial review.2