| Abstract [eng] |
Master Thesis analyses the legal regime of the CFSP of the EU to identify what challenges of legal regulation and implementation of the CFSP arise at the theoretical and practical level and how these challenges can be addressed. The CFSP is characterised by a distinctive regulation compared to other areas of EU activity. A historical analysis of the development of the CFSP shows that the regulation of this area of EU activity has always been characterised by specific features resulting from its subject matter which is politically sensitive and important to the Member States. The distinctive regulation of the CFSP creates challenges, such as the lack of certainty as to the type of competence of the EU in the area of CFSP; the CFSP is characterised by specific powers of the EU institutions and a particular institutional balance that safeguards the interests of the Member States but does not ensure that the interests of the EU and EU citizens are adequately represented; and the lack of clarity as to the power of the legal acts adopted in the CFSP area. The paper analyses these challenges in detail. It also draws on the historical analysis to formulate three theoretical models for addressing the challenges of legal regulation of the CFSP: the intergovernmental regulation model, the supranational regulation model and the existing legal regulation empowerment model. The thesis analyses how the identified challenges of CFSP regulation and implementation would be addressed under each model and what are the strengths and weaknesses of these models. This analysis shows that the most appropriate way to address the challenges of the legal regulation of the CFSP is through the empowerment of existing legal regulation. This mitigates the challenges of legal regulation resulting from the distinctive nature of the CFSP in practice, while at the same time preserving the distinctive nature of the CFSP enshrined in the Treaties. |
