CRISTINA CONTARTESE, Opinion of AG Ćapeta in KS/KD (C-29/22 P e C-44/22 P) and Neves (C-351/22), delivered on 23 November 2023, that is, how the CJEU should make sure that “‘every train that may end up in Strasbourg first needs to stop in Luxembourg”?

ABSTRACT – KS/KD and Neves raise new questions within the debate on the CJEU’s competence in the field of CFSP. In KS/KD, for the first time, the action for damages does not concern restrictive measures, but the operation of Eulex Kosovo mission. In Neves, the issue at stake is a preliminary question on the interpretation – not the validity – of a CFSP decision. Two intertwined questions are the focus of our short paper: in the analysis of AG Ćapeta, which role, if any, does the EU accession to the ECHR exert? Which are its consequences? It will be pointed out that, even if AG Ćapeta devotes an entire section to this issue in the last part of her Opinion, in reality, what seems to be missing is a clear-cut separation between the examination of the CJEU’s competence and its practical consequences on the accession process.

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