Analyzing the Legal Conundrum of the European Union's Common Foreign and Security Policy

Analyzing the Legal Conundrum of the European Union's Common Foreign and Security Policy

Copyright: © 2024 |Pages: 24
DOI: 10.4018/979-8-3693-2837-8.ch005
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Abstract

CFSP is one of the policies of the EU based on intergovernmental cooperation in foreign relations and defense policy, including the common security and defence policy (hereinafter CSDP). This research chapter provides an overview of the common foreign and security policy (hereinafter CFSP) within the European Union (hereinafter EU). The chapter discusses the historical development of CFSP, starting from its establishment in the 1970s and its subsequent incorporation into the Treaty on the European Union (hereinafter TEU) in 1992. It outlines the instruments, institutions, and voting procedures associated with CFSP, including the common commercial policy and cooperation with third states. The chapter also explores the common security and defence policy (CSDP) and EU military and civil missions. It highlights the changes the Amsterdam, Nice, and Lisbon Treaties brought about, such as establishing the position of high representative of the union for foreign affairs and security policy (FASP) and creating the European external action service (hereinafter EEAS).
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Introduction

The EU is sovereign and combines 28 sovereign European states. The EU is the world’s largest provider of humanitarian aid, and its people enjoy the highest level of human rights protection, but its strength in foreign policy and security issues does not match its potential. As demonstrated in foreign affairs and security, EU and member state representatives are aware of this and striving to change it. The first section of this work covers the history of the shared foreign and security policy from the end of the Second World War and the beginnings of Western European unification to the foundation of the EU. This section exclusively discusses the CFSP’s evolution and does not address the economic challenges of unification, which were essentially the member states’ concerns and on which the CFSP “grew” as part of the EU’s competencies (Galizzi & Sands, 2006). The historical excursion first describes the international organizations and the prepared plans, which were supposed to ensure joint negotiations in foreign affairs and defense for Western European states. Subsequently, after the adoption of the Single European Act, the description of the historical development of the CFSP is primarily based on the legislation that regulated it and regulates it today after further amendments to the primary law.

The Treaty on European Union (hereinafter TEU) created the common foreign and security policy of the EU as a concept in the version from Maastricht, and therefore the second part of the work dealing with the CFSP is focused on this Treaty, its changes, and the development of the CFSP that went through it. I consider it necessary to mention that the real manifestations of the rules or political declarations anchored in the treaties often depend on the political or economic interests of the member states, and therefore the CFSP potential has not always been fulfilled (Cuyvers, 2017). The CFSP represents a unique area of EU action, which, despite major changes and the legal abolition of the pillar structure, has not yet emerged from intergovernmental cooperation and is now only under the power of the member states. The changes brought about by the last major modification of EU primary law in the Treaty of Lisbon showed the member states’ reluctance to allow more interference in their sovereignty and give up their elemental powers in the external manifestations of their existence (Andersson, 2023). Issues of foreign affairs and defense are perceived so sensitively that only the change of the title of the position from EU Minister of Foreign Affairs, used in the text of the Constitution for Europe, to High Representative of the EU for CSDP, used in the Treaty of Lisbon, decided on the very creation of this position.

Key Terms in this Chapter

Restrictive measures: Measures adopted within the framework of the CFSP that aim to apply pressure or impose sanctions on specific countries or entities. These measures can include trade restrictions, financial sanctions, travel bans, and arms embargoes, among others, to advance the EU’s foreign policy objectives and promote peace, security, and human rights.

Treaty on the European Union (TEU): A treaty that established the framework and legal basis for the EU. It incorporated the CFSP into its provisions and has been amended to reflect EU foreign and security policy changes.

Common Security and Defence Policy (CSDP): A component of the CFSP that focuses on defense and security matters. It involves the deployment of military and civilian missions by the EU in crisis management and conflict resolution efforts.

Common Foreign and Security Policy (CFSP): A European Union (EU) policy involving intergovernmental cooperation in foreign relations and defense policy. It encompasses instruments, institutions, and procedures to promote a unified approach to external affairs among EU member states.

European External Action Service (EEAS): An EU agency established by the Lisbon Treaty to support the High Representative conducting the EU’s external relations. The EEAS assists in formulating and implementing the CFSP and CSDP, providing analysis, advice, and administrative support.

High Representative of the Union for Foreign Affairs and Security Policy (HR/HRVP): A position created by the Lisbon Treaty to represent the EU in foreign affairs and security matters. The High Representative heads the European External Action Service (EEAS) and coordinates the EU’s diplomatic efforts.

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