‘The Good, the Bad and the Ugly’: three levels of judicial control over the CFSP Christophe Hillion and Ramses A. Wessel To appear in: S. Blockmans and P. Koutrakos (Eds.), Research Handbook on EU Common Foreign and Security Policy, Cheltenham/Northhampton: Edward Elgar Publishing, 2018 1. INTRODUCTION A quarter of a century ago, a book chapter on judicial scrutiny of the then new Common Foreign and Security Policy (CFSP) of the EU would have raised eyebrows. Times have changed. 1 The role of the CJEU in relation to the CFSP is now studied extensively 2 as the Court’s CFSP case law is fast expanding. 3 This remarkable development is not only due to the Member States’ decision partially to lift the judicial immunity from which the CFSP has traditionally benefited. 1 cf. C Hillion and RA Wessel, ‘Restraining External Competences of EU Member States under CFSP’ in M Cremona and B De Witte (eds), EU Foreign Relations Law: Constitutional Fundamentals (Hart Publishing 2008). 2 See for instance S Griller, ‘The Court of Justice and the Common Foreign and Security Policy’ in A Rosas, E Levits and Y Bot (eds), Court of Justice of the European Union – Cour de Justice de l’Union Européenne, The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law – La Cour de Justice et la Construction de l’Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence (TMC Asser Press 2013); G De Baere and P Koutrakos, ‘The Interactions Between the Legislature and the Judiciary in EU External Relations’ in P Syrpis (ed.), The Judiciary, the Legislature and the EU Internal Market (CUP 2012); L Saltinyté, ‘Jurisdiction of the European Court of Justice over Issues Related to the Common Foreign and Security Policy under the Lisbon Treaty’ (2010) Jurisprudence 119 et seq.; A Hinarejos, Judicial Control in the European Union – Reforming Jurisdiction in the Intergovernmental Pillars (OUP 2009); C Hillion, ‘A Powerless Court? The European Court of Justice and the Common Foreign and Security Policy’ in M Cremona and A Thies (eds), The European Court of Justice and External Relations Law (Hart Publishing 2014); C Hillion, ‘Decentralised Integration? Fundamental Rights Protection in the EU Common Foreign and Security Policy’ (2016) European Papers 55; RA Wessel, ‘Resisting Legal Facts: Are CFSP Norms as Soft as They Seem?’ (2015) European Foreign Affairs Review 123; RA Wessel, ‘Lex Imperfecta: Law and Integration in European Foreign and Security Policy’ (2016) 2 European Papers 439; C Eckes, ‘Common Foreign and Security Policy: The Consequences of the Court’s Extended Jurisdiction’ (2016) European Law Journal 492; G Butler, ‘The Coming of Age of the Court’s Jurisdiction in the Common Foreign and Security Policy’ (2017) European Constitutional Law Review 673; M Cremona, ‘Effective Judicial Review is of the Essence of the Rule of Law: Challenging Common Foreign and Security Policy Measures before the Court of Justice’ (2017) European Papers 671; P Koutrakos, ‘Judicial Review in the EU’s Common Foreign And Security Policy’ (2018) International and Comparative Law Quarterly 1; and J Heliskoski, ‘Made in Luxembourg: the Fabrication of the Law on Jurisdiction of the Court of Justice of the European Union in the Field of the Common Foreign and Security Policy’ (2018) Europe and the World: A Law Review (forthcoming). 3 References may be found throughout this chapter.