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European Foreign Affairs Review
Article . 2021 . Peer-reviewed
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Non-Contractual Liability For EU Sanctions: Towards the Normalization of CFSP

Authors: Carrozzini, Alina; Lonardo, Luigi;

Non-Contractual Liability For EU Sanctions: Towards the Normalization of CFSP

Abstract

In Case C-134/19 P Bank Refah Kargaran, the Court of Justice of the European Union (CJEU) made an important pronouncement over its jurisdiction on Common Foreign and Security Policy (CFSP), as it held that it can hear an action for damages allegedly suffered by a natural or legal person because of restrictive measures adopted under CFSP. This article reflects on this important development in the case law of the CJEU, by putting it in the context of what scholarship on the topic has referred to as the ‘normalization’ of CFSP. In addition, the article comments upon the potential significance of the decision in Bank Refah for the EU’s external posture. The decision, this article argues, recognizes the opportunity to seek damages stemming from CFSP acts – including decisions adopted under the Common Security and Defence Policy (CSDP), that is decisions establishing military operations of civilian missions, and, in those contexts, acts or conduct attributable to EU bodies. damages, non-contractual liability, CFSP acts, normalization, CSDP missions and operations, restrictive measures, jurisdiction, CJEU, sanctions.

Country
Ireland
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Keywords

CFSP acts, CJEU, Normalization, Non-contractual liability, CSDP missions and operations, Sanctions, Damages, Restrictive measures, Jurisdiction

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
Green
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