HC Deb 17 July 2003 vol 409 cc582-3W
Mr. Jenkin

To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to his oral statement of 9 July 2003,Official Report, column 1207, on the communitisation of foreign and security policy, if he intends them to become justiciable by the European Court of Justice and EU supreme court under the proposed EU constitution; and if he will make a statement. [126523]

Mr. MacShane

Under the draft constitution which emerged from the convention, the Common Foreign and Security Policy will not be justiciable by the ECJ, with one exception.

Article III-278 provides that: The Court of Justice shall not have jurisdiction with respect to Articles (1–39 and 1–40) and the provisions of (Chapter II of Title V of Part III) concerning the common foreign and security policy. Article III-17 would, however, give the ECJ jurisdiction in respect of actions brought by persons to challenge the legality of sanctions measures applying to them.