The interface between the area of freedom, security and justice and the common foreign and security policy of the european union: Legal constraints to political objectives

Abstract

This chapter argues that the objective of increased foreign policy coherence, as expressed in the Treaty of Lisbon and the Stockholm Programme of the European Union (EU), faces significant legal obstacles. In particular, the blurred boundaries between situations falling within the EU's competence regarding the Area of Freedom, Security and Justice (AFSJ), on the one hand, and its Common Foreign and Security Policy (CFSP), on the other hand, may give rise to inter-institutional turf battles. This is illustrated by the practice of adopting restrictive sanctions against individuals and non-state entities in the context of the EU's fight against terrorism.