El control judicial de la PESC tras los asuntos Neves 77 Solutions y KS y KD: los principios constitucionales del derecho de la UE como fundamento y límite de la jurisdicción del TJUE

The jurisdiction of the CJEU in the CFSP, limited by Articles 24 TEU and 275 TFEU, has been constantly extended by the Court of Justice itself, which has made the most of the exceptions to the competence restriction provided for in the Treaties. Taking a further step in this “normalisation” of the CFSP in terms of judicial review, the recent judgments in the Neves 77 Solutions and KS and KD cases respectively recognise the power of the Court to give preliminary rulings on the interpretation of CFSP decisions establishing restrictive measures of general scope and the competence to hear actions for non-contractual liability of the Union arising from damage caused in the performance of a CFSP mission. These extensions of judicial review would once again be moving away from the letter of the Treaties and appear to privilege, as a foundation, certain constitutional principles of EU law over others of the same legal system, from which it is possible to derive limits to a maximalist interpretation of the jurisdiction of the Court.