About the judgment:
On 10 September 2024, the CJEU issued the judgment in joined cases of KS and KD, addressing the scope of its jurisdiction within the Common Foreign and Security Policy (CFSP). The CJEU was asked to rule on its jurisdiction over an action for damages related to alleged harm caused by a the EU’s rule of law mission in Kosovo, known as Eulex Kosovo. The relatives of KS and KD, individuals who had disappeared during Kosovo’s 1998-1999 conflict, argued that Eulex Kosovo failed to adequately investigate these disappearances and sought damages from the EU. Despite its limited jurisdiction in CFSP matters, The CJEU found that it was competent to rule on the claim in so far as the conduct causing the harm did not relate to political or strategic choices made in the context of the CFSP.
The judgment is interesting as it elaborates on the jurisdictional limits of the CJEU in CFSP matters and could be seen as a bold step of broadening it. KS and KD may also be viewed as a novel attempt to create a political question doctrine as to the CFSP in the same time highlighting the difficulty of applying such a doctrine in practice.
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