The European Charter of Fundamental Rights After Lisbon: A “Timid” Trojan Horse in the Domain of the Common Foreign and Security Policy?

Abstract

The Chapter analyses the possible consequences of a binding EU Charter of Fundamental Rights on the functioning of the Common Foreign and Security Policy. The Charter will of course represent a limit to the traditional discretionary power reserved to the EU Council in this field of law. Moreover, the reform has provided for a legal remedy that individuals can activate. It is submitted that the combination of these two innovations should permit a more extensive and effective protection of fundamental rights when dealing with sensitive issues such as the fight against terrorism. This undoubtedly represents a major turning point in the evolution of the EU legal order which will force the amendment of the much criticized practice concerning restrictive measures against individuals, one of the most common ‘CFSP tools’ in contrasting terrorism. The new mechanisms applicable to the CFSP are bound to characterize all future developments in this area.