DEVELOPMENT AND SECURITY IN THE CASE-LAW OF THE EUROPEAN COURT OF JUSTICE. THE LIMITS OF THE DISCOURSE OF CONSISTENCY IN THE EXTERNAL ACTION OF THE EUROPEAN UNION

In a brief span of time, the European Court of Justice has had the opportunity to make Judgements in two inter-institutional lawsuits involving EU measures or actions that come halfway between development policy and security policy. Besides allowing the EU to strengthen an open and dynamic conception of the community policy of cooperation for development, these judgements, which the first part of the study deals with, are a new manifestation of the tensions generated by the pillar structure of the EU, especially in its foreign affairs, and of the difficulty this entails in terms of consistency when facing complex scenarios. But beyond the interest of analysing the interaction between development and security, these matters also invite reflection on deeper constitutional issues, such as the interpretation of article 47 of the Treaty of the European Union, in relation to which the European Court of Justice had to pronounce for the first time regarding the CFSP in one of these cases. In the second part of the paper we deal with these issues, which affect the actual configuration of the EU's external action, both in is current format and future format after the Treaty of Lisbon goes into effect, which will not contribute in any way to a change in the model.