A Camouflaged Political Question Doctrine in EU Law?
Year: 2025
Type: article
Abstract: This article examines the emergence of a political question doctrine (PQD) within the European Union legal order. Originating in US constitutional law, the PQD has traditionally operated as a substantive limitation on judicial review, shielding certain inherently political matters from adjudication. While the EU Treaties make no explicit reference to such a doctrine, recent developments in the case law of the European Court of Justice (ECJ) suggest the presence of an embryonic PQD, particularly in the field of the Common Foreign and Security Policy (CFSP). The article maintains that, although still in its formative stage, the PQD is becoming an implicit yet significant tool in the ECJ’s evolving jurisprudence. In light of the broader constitutional architecture of the EU, the article argues that judicial abstention in certain domains is not a weakness but rather an inherent feature of a legal system based on the rule of law, such as the EU.
Author: Pantaleo, Luca
Institution: University of Cagliari
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7093322868
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