JAČANjE ULOGE EVROPSKOG PARLAMENTA U OBLASTI ZAJEDNIČKE SPOLjNE I BEZBEDNOSNE POLITIKE KROZ POSTUPKE PRED SUDOM PRAVDE EU

Pejić Jelena (Факултет политичких наука Универзитета у Београду), jelenapejic.do@hotmail.com

This paper seeks to contribute to a wider explanation of the deepening of European integration manifested through a gradual strengthening of the supranational European Union (EU) institutions during the periods between the formal treaty revisions. The case study explains the evolution of the European Parliament’s role in the area of Common Foreign and Security Policy (CFSP), which has remained intergovernmental. Rational choice institutionalist presumptions are used as a theoretical basis. In the interinstitutional fight for power, the European Parliament (EP) is seen as a rational actor who uses its locus standi to achieve a favorable and authoritative interpretation of treaty norms from the Court of Justice of the European Union. An analysis of four litigation cases initiated by the EP regarding the CFSP showed that it applied two alternative strategies – first, attacking the choice of the legal basis for individual acts in order to reduce, in the long run, the sphere of application of this policy in favor of community policies where it plays a far greater role; second, insisting on an extensive interpretation of general procedural rules aiming at their broader application, and with a more detailed parliamentary participation. Whilst the first strategy had a very promising start before the Lisbon treaty, afterwards it suffered a complete failure and became even counterproductive. The other strategy, however, brought about an absolute empowerment of the European Parliament in the procedure leading to the conclusion of EU’s international agreements, not only in the CFSP area. The duty to keep the EP immediately and fully informed at all stages of the procedure also applies to the CFSP. Moreover, its content is largely specified in the EP’s favor.

Ključne reči: European Parliament, Court of Justice of the European Union, Common Foreign and Security Policy, inter-institutional litigation, institutionalism