Browsing by Author "Björkholm, Lena"

The objective of this thesis is to show that the shift towards a widened jurisdiction by the CJEU in a broader perspective can be regarded as a concrete expression of the changing notion of sovereignty in international law. The thesis argues that recent decisions given by the CJEU through interpretation have created more adjudicative space for the Court, and that a representative group of legal scholars advocate for an enlarged jurisdiction of the CJEU within the area of the Common Foreign and Security Policy of the EU (CFSP). It also presents the direction in which sovereignty as a notion in international law has progressed in recent decades, which is argued to follow the trend of globalisation and in this context lead to a step away from the traditional Westphalian view to the benefit of international cooperation. The thesis navigates, first, international law in examining the notion of sovereignty. Thereafter it proceeds to assess the state of play of the external relations of the EU. This is done by presenting the regulatory framework within the area and the changes the area has seen due to the entry into force of the Treaty of Lisbon, as well as relevant recent case law. Lastly, an overview of a representational sample of academic articles addressing the shifting dynamic of justiciability within the CFSP is presented. The main finding of the research is that the jurisdiction of the CJEU indeed has been broadened in recent years. This shift was triggered by the changes in the Treaty law by the Treaty of Lisbon, and has subsequently been carried out through the case law of the CJEU. This development, alongside the opinions by the scholars, can be viewed as an example of the shifting sovereignty concept, which can be regarded as progressing away from the Westphalian understanding of the notion, to promote globalisation and international cooperation.