Module 2 Flashcards
European security architecture: actors, processes and institutions
How to define EUFP?
*The EU’s foreign policy is understood in the broad sense as the “area of EU policies directed at the external environment with the objective of influencing that environment and the behaviour of other actors within it, in order to pursue interests, values and goals” (Keukeleireand Delreux2022: 1).
EUFP in the broad sense consists of
-CFSP/CSDP-external action (areas such as trade, development, enlargement) -external dimension of internal policies (such as migration policy, external dimension of environmental polic
Title V TEU
*the terminology of EU foreign policy and external action has a specific history and makes sense in a specific context:‣entry into force of the Lisbon treaty (1 December 2009): Title V TEUand Part Five TFEU‣Title V TEU: ‘General provisions on the Union’s external action and specific provisionson the common foreign and security policy’
EUFP in the broader sense refers to combination of areas of EU policymaking that used to be distinct
the Maastricht distribution between first/second/third ‘pillar’ and the earlier, pre-1990s distinction between areas of EC exclusive or shared competence (development, trade) and areas of European action that involved coordination between national authorities, chiefly the European Political Cooperation (EPC) launched in 1970 and institutionalized with the Single European Act (SEA, 1986)with Lisbon the EU has been explicitly granted a single international legal personality(Article 47 TEU)9
Multifaceted EU - CFSP and CSDP
-CFPS=the main platform for developing and implementing the political and diplomatic dimension of EUFP.-CSDP=the platform for launching military operations and civilian missions
Multifaceted EU - community external relations
external trade policy, development cooperation, economic and financial cooperation with third countries, humanitarian aid, sanctions and int agreements.
Multifaceted EU - external dimensions of internal policies
external dimension of some EU policies, such as energy, environmental, and migration and asylum policy
Multimethod
Two different treaty settings and two different policy-making methods:*the Treaty on the EU–TEU: main provisions for the CFSP and CSDP–organized on the basis of the intergovernmental method * the Treaty on the Functioning of the EU-TFEU: main provisions on the Union’s (Community) external relations and the external dimensions of internal policies–organized through the Community method.
Multilevel
Continuous interaction between international, EU and Member state leve
Making sense of EUFP = example
Lisbon treaty foresees the creation of the EEAS and the position of High Representative for Foreign Affairs and Security Policy who is also vice president of the European CommissionHowever:‣supported by EEAS but HR for foreign affairs and security policy (in charge of CFSP and CSDP but not full scope of external action as defined in TFEU)‣trade, enlargement and neighbourhood, development and humanitarian aid remains within the European Commission… and now defence
EUFP in the treaties
on difference between TEU and TFEU: TEU lays down general principles, TFEU lays down specific dispositions concerning policiesBased on the Treaties, EU foreign policycan be separated in the following substantial policy areas:1) CFSP and the sub-domain of CSDP2) External action: Trade (Common commercial policy, CCP): the one area where the EU has exclusive competence (Art. 207 TFEU) for trade in goods, services, trade-related intellectual property rights.‣Enlargement‣Cooperation with third countries including:Development cooperationHumanitarian aid 3) External dimensions of internal policies*Two distinct decision-making procedures
Community method
= Supranational decision-making:1.The Commission main agenda-setter2.The EP and the Council co-legislators3.Decisions are taken by QMV in the Council(55% of the Mstsrepresenting 65% of the overall EU population)4.The Court of Justice of the EU (CJEU) has jurisdictionOLP=Ordinary Legislative Procedure
Intergovernmental method
1.The Commission’s right to initiate legislative proposal shared with the member states or limited2.The EP is consulted (limited role)3.Unanimity decision-making in the Council4.Limited or no role for the Court of Justic
Decisionmaking CFSP
Legally, the central body post-Lisbon is the Foreign Affairs Council(FAC=meeting of ministers of foreign affairs of the MS).‣European Council defines strategic interests and general guidelines for EU foreign policy and external action (Articles 15, 22 and 26 TEU)‣FAC takes the decisions defining and implementing the guidelines of the European Council (Article 26 TEU)European Counciland Councilgenerally act by unanimity. (Art. 31 TEU)QMVin the Council is used for implementing decisions and when appointing an EU special representative(Art.31)Some margin for maneuver for MS representatives:‣For stated reasons of national interest, can oppose a decision by QMV‣without a solution from the HR/VP the question can be referred to European Council for a decision by unanimity (Article 31 TEU
Decisionmaking CFSP - supranational institutions
*European Commission is ‘associated’ with CFSP but without authority *No jurisdiction of the European Court of Justice over CFSP matters and acts adopted on the basis of those provisions (Art.275 TFEU, except for control of legality of restrictive measures against physical or moral persons and compliance with Art.40 TEU on the respect of the EU institutions’ competences in the implementation of CFSP) *EP limited but growing role!
EP key roles in decisionmaking (on top of delegations and committees)
‣Consent(approval or rejection, without amendments) required for all international agreements, including accession treaties, association agreements creating reciprocal rights and obligations, international agreements that establish a specific institutional framework, that have budgetary implications for the EU‣Co-decisionin:legislating on budgetary aspects of all external assistance financing instruments, including on the strategic objectives, thematic priorities, financing and implementing modalities‣through other budgetary powers:approval of annual budgets (including CFSP and EEAS) and ex post control of spending (discharge procedure)‣EP has its own international relations, via interparliamentary cooperation in particular but also in the field of electoral observation missions (EOM)
EP in CFSP And CSDP
CFSP and CSDP however remain a specific domain where EP powers are much more limitedKey aspects in CFSP/CSDP:‣budgetary powers(see previous slide), but limited in CSDP to civilian missions.‣consultation:Art. 36 TEU requires HR/VP to ‘regularly consult’ and inform the EP about CFSP and CSDP and ensure its views are ‘duly taken into consideration’, also allowing the EP to address written questions to the Council and hold a debate twice a year.control over HR/VPwho has to undergo a hearing prior to taking office (as all other members of the College of Commissioners)EP-Council 2002 inter-institutional agreement on access to sensitive information allows an EP special committee to access confidential Council documents on CFSP/CSDP matters‣Resolutions: EP have power adopts resolutions in order to state the institution’s position on EU external action, including CFSP/CSDP=▷EP Resolutions in CFSP/CSDP or on third countries are not binding
EEAS in a nutshell
Established in 2010 (Council Decision 2010/427/EU)‘assists’ the HR/VP, works ‘in cooperation’ with MS diplomatic services (Art. 27(3) TEU)Two components:‣Brussels headquarters(since 2012 in the Triangle building in Brussels)‣European Union delegations to third countries and international organisationsEEAS embodies and entrenches the hybridity of EU foreign policy (Smith 2012): ‣staff composition: Commission, Council and national diplomatic corps (60%+30% formula)‣range of activities, which include security/defence(including intelligence via IntCen) and development/assistance and cooperation.
EEAS notable aspects
‣Approximately 144delegations across the world (as opposed to only 3 third countries where all MS are represented)‣HoDsare normally EEAS, but delegations include staff from EEAS and Commission services (including ‘internal’ DGs, e.g. Migration and Home Affairs)‣Art. 221 TFEU: delegations ‘shall represent the Union’ and ‘act in close cooperation with MS diplomatic and consular missions’ -versus EEAS decision that emphasizes that delegations ‘support the MS in their diplomatic relations’ (and consular protection tasks
EEAS CSDP component
‣Military component: EU Military Staff (EUMS) works under the military supervision of the EU Military Committee (EUMC, Council, chaired by EEAS senior official)-early warning, evaluation and strategic planning for CSDP military missions‣TheMilitaryPlanningandConductCapability(MPCC): operational planning and conduct of the EU’s non-executive military missions (military training operations)‣Security and Defence Policy Directorate (SECDEFPOL)coordinates and manages the EEAS overall contribution to addressing external security threats‣Peace, Partnerships and Crisis Management Directorate (PCM): political-strategic planning for both military and civilian CSDP and the coordination of the EU’s response throughout the entire conflict cycle, from early warning and horizon scanning to peace mediation, political-strategic planning for crisis management and stabilisation.‣Civilian Planning and Conduct Capability (CPCC): is responsible for the planning, deployment, conduct and review of civilian CSDP crisis management missions.‣EU Intelligence and Situation Centre (IntCen, previously SitCen): information and intelligence gathering for CSDP, open source intelligence work (for counter-terrorism in particular) but no direct intelligence assets (not an intelligence service)
General observation EUFP
While the legal boundaries of EU foreign policy remain (relatively) clear, the institutional boundaries are much blurrier, leading to endemic conflict over who has authority on a given matterThe end to the pillar structure, the entry into force of Lisbon did not solve the problem-CFSP and CSDP, external action and external dimensions of internal policies.This situation warrants the claim made by Smith (2012: 700) that EU foreign policyis a hybrid framework, that is ‘a political, institutional and legal structure derived from heterogeneous sources, or composed of elements of different or incongruous kind’.Hybridity is not only the result of interactions between different institutions, each of them looking to preserve their legal, institutional and financial territory, but also operates across and within institutions
4 types of instruments in national fp
-Propoganda-Diplomacy (reliance on negotiation)-Economic instruments-Military (reliance on violence, weapons or force
3 types of insturments EU uses in fp
The EU uses diplomatic, economic and military instruments.Propoganda is difficult for the EU to produce: its declarations are the result of careful compromise among the member states. But recently “battle of narratives
EUFP economic fp instruments
Agreements with third countries (Free Trade Agreements; Cooperation Agreements; Association Agreements)-Aidto third countries and regional groupings-Tariff reduction; extending loans-Negative measures (embargo –ban on exports); boycott –ban on imports; suspending or delaying agreements; reducing or suspending aid; freezing financial assets); economic sanction
