The implementation of common foreign and security policy is the mosteffective way for more active, coherent and, not at least, unified EuropeanUnion on the international stage. Definition of legal instruments of the Union and its political flexibility of institutions provides the means of effectivelysolving of problems it faces. Keywords: European Union; Common Foreign and Security Policy;regulations; directive; decision; recommendation; opinion.
At the European Council summit in June 2007 the heads of state and government agreed to create the office of a High Representative of the Union for Foreign Affairs and Security Policy and an External Action Service. Yet, at the same time several of the 23 footnotes of the Presidency Conclusion stressed that neither the responsibilities of the member states for their foreign policy nor of their national representation in third countries and international organisations shall be affected in the future. Pro-integrationists like Luxemburg and Italy criticised the outcome of the summit since it does not foresee to transfer further foreign and security policy competences to the EU-level
The Common Foreign and Security Policy (CFSP) of the European Union (EU) faces an identity crisis to which the member states do not seem eager to put an end. Making incremental changes without defining the objectives will not rise the trust in the EU as a strong international actor. Thus, this paper aims to indicate the supranational and intergovernmental characteristics of the CFSP in order to highlight that the neofonctionalist model of governance has also shaped a policy area believed to belong exclusively to the member states' power. The paper analyses the supranational and intergovernmental dimensions of the CFSP in order to provide a better understanding of how this policy is constructed.
This paper attempts to analyse the process of Poland's adaptation to the European Union in the area of CFSP before the enlargement in order to show if such institutional processes might have impact on the present Polish position in the EU's foreign policy. The first, introductory section sets out the analytical framework of such processes based upon the adaptation concept definition. The second section provides the analysis of Polish predisposition to adapt to the emerging external challenge. The third section is dedicated to the analysis of the institutional relations between Poland and EU paying special attention to the CFSP area. The fourth section discusses the Polish behavior towards different aspects of CFSP cooperation and her positions regarding further development of this area of European integration. ; Aquest article es proposa analitzar el procés d'adaptació de Polònia a la Unió Europea en el àmbit de la PESC abans de l'ampliació amb la finalitat de demostrar si aquests processos institucionals podrien tenir un impacte sobre la situació actual de Polònia en la política exterior de la UE. La primera secció presenta el marc analític d'aquests processos basada en el concepte d'adaptació definició. La segona secció proporciona l'anàlisi de la predisposició polonesa per adaptar-se a l'emergent desafiament extern. La tercera secció està dedicada a l'anàlisi de les relacions institucionals entre Polònia i la Unió Europea amb especial atenció a l'àmbit de la PESC. La quarta secció analitza el comportament polonès cap a diferents aspectes de la cooperació PESC i les seves posicions quant a un major desenvolupament d'aquesta àrea de la integració europea.
This study examines the impact of role prescriptions by international organisations on small state foreign and security policies. Focusing on Portugal, NATO and the EU, the study analyses primary sources (official documents) and blends role theory with insights of sociological institutionalism, finding empirical evidence of policy roles informed by prescribed appropriate standards of behaviour. The study uses a) sociological institutionalist views about the logic of appropriateness as a guiding frame, and b) international socialisation to account for internalisation of policy behaviour. This approach helps to validate a general set of conditions selected from the literature on international role prescriptions, in relation to NATO and the EU¿s CFSP (i.e., international position of these organisations, and prominence, endurance and concordance of the roles prescribed), and in relation to national role incorporation (national political rhetoric, policy planning and policy action).
The paper provides an insight into the institutional system of EU external relations, focusing on the role of the European Parliament. It argues that the current intergovernmental set-up of the CFSP is one of the major reasons for EU international under-performance. Against this background, the paper discusses the potential benefits of the 'parlimentarisation' of this policy area, implying deeper Parliamentary involvement in the entire policy cycle (preparation, formation, supervision). The paper argues that the parliamentarisation of the CFSP would provide a practical and comprehensive solution to a number of diverse problems that the EU has encountered recently. Besides reinforcement of the EU foundations by connecting the CFSP with a grand theory of democratic legitimacy, this process would enhance the transparency, coherence and effectiveness of the policy formation process as well as the accountability of the EU executives involved in this policy area.
The global political situation in Europe's neighbourhood has deteriorated dramatically in recent years, and this has had significant consequences for the European Union (EU). Conflicts are multiplying in Eastern Europe and in the Mediterranean Sea; Russia and China are showing increasingly expansive tendencies in South Eastern Europe; and the USA is becoming less and less reliable as a security provider for Europe. Against this background, it is striking that the Common Foreign and Security Policy (CFSP) still falls far short of what would be expected from the EU given the size of its internal market. The unanimity principle in the Council of the EU is often blamed for this. However, an analysis of CFSP data shows that the Member States are clearly satisfied with symbolic policy measures, despite their political rhetoric. This situation will not be resolved either by introducing simple majority voting or with mere declarations of political will from governments. The dialogue on the future of Europe should be seen as an opportunity to remedy the inability to act in the field of foreign policy by harmonising the CFSP.
Studies on the (non-compliance with CFSP norms often misinterpret the legal nature of those norms. Classifying CFSP norms as 'non-binding' may help in distinguishing this policy area from other European Union's (EU) policies, but does not do justice to the committing nature of the norms. Irrespective of the limited role Court's may play in relation to CFSP, the norms often intend to bind the Member States. This has been the case from the outset, but seems strengthened now, as the Lisbon Treaty streamlined procedures and consolidated the EU's external action. In studying resistance to CFSP norms, it is worthwhile to take their legal nature into account. In that sense, the broad definition of soft law used in the introduction to this special issue is helpful as it includes binding norms without enforcement mechanisms. Yet, the question remains whether one can still hold that judicial enforcement and the principles of primacy and direct effect are completely alien to the area of CFSP.
In: Szép , V & Wessel , R A 2021 , Mapping the Current Legal Basis and Governance Structures of the EU's CFSP . ENGAGE Working Paper Series , vol. 5 , ENGAGE .
The EU's Common Foreign and Security Policy (CFSP) is subject to "specific rules and procedures" that seem to stand in the way of its effectiveness. This Working Paper assesses the special legal nature of the CFSP and explores the legal possibilities to enhance decisionmaking procedures. It argues that current EU Treaties should not necessarily be amended to achieve better outcomes. In fact, the Treaty on European Union (TEU) provides for some "sleeping beauties" that have rarely been used. In particular if there is (political) willingness, the Treaties enable the wider use of qualified majority voting in CFSP matters. Moreover, with the entry into force of the Lisbon Treaty, a group of willing Member States could also use enhanced cooperation, which enables the establishment of a new line of policy in CFSP matters.
This paper examines the importance that the current Convention on the Future of Europe is giving (or not) to the question of democratic accountability in European foreign and defence policy. As all European Union (EU) member states are parliamentary democracies1, and as there is a European Parliament (EP) which also covers CFSP (Common Foreign and Security Policy) and ESDP (European Security and Defence Policy2) matters, I will concentrate on parliamentary accountability rather than democratic accountability more widely defined. Where appropriate, I will also refer to the work of other transnational parliamentary bodies such as the North Atlantic Assembly or NAA (NATO's Parliamentary Assembly) or the Western European Union (WEU) Parliamentary Assembly3. The article will consist of three sections. First, I will briefly put the question under study within its wider context (section 1). Then, I will examine the current level of parliamentary accountability in CFSP and defence matters (section 2). Finally, I will consider the current Convention debate and assess how much attention is being given to the question of accountability in foreign and defence policies (section 3). This study basically argues that, once again, there is very little interest in an issue that should be considered as vital for the future democratic development of a European foreign and defence policy. It is important to note however that this paper does not cover the wider debate about how to democratise and make the EU more transparent and closer to its citizens. It concentrates on its Second Pillar because its claim is that very little if any attention is being given to this question ; En aquest treball s'analitza la importància que l'actual Convenció sobre l'Futur d'Europa està donant (o no) a la qüestió de la responsabilitat democràtica en la política exterior i de defensa. Com tots els de la Unió Europea (UE), els Estats membres són democracies parlamentàries, i com no és un Parlament Europeu (PE), que també cobreix la PESC (Política ...
At the outset, Europe needed to develop its defense policy and structure in line with its foreign policy while the Union was evolving in institutional enlargement process during every other 10 years of time. The reason was not behind it, but in the façade of the Union building. Otherwise the Union would not be able to enable Europe to play its full part in world affairs while the 'security' was gaining a key-role in the international politics and relations. Since there was a security vacuum in Europe after WW', the US urged European states to create a sort of defence structure embedded to already-formed NATO or integrated with NATO, but including German Army in both cases. Decades had passed and in the late 1990s the European Security Defence Identity and Policy was formed up as a parallel structure to NATO systems. Eventually in the start of 2000s, the EU system turned into a Common Security and Defence Policy for member states only. This research tries to explore and analyze the effects, paradigms, prospects and coexistence possibilities of this two polar-defence-system in the Europe, that's to say between NATO and the CFSP.
The Visegrad Group (V4) was formed with the aim to support Central European countries – Poland, Czechoslovakia (since 1993 the Czech Republic and Slovakia) and Hungary in their efforts to join NATO and the European Communities. V4 had to redefine its role and tasks after 2004 having achieved the set objectives in the first years of its existence. The new format of the Visegrad Group made provisions for a close cooperation between member states within the European Union. The strategy of combining potentials of the V4 states in negotiations on the EU level is based on reasonable assumptions, as it may lead to an increased significance of the region in the decision-making process. The article discusses the genesis and evolution of the V4 up to 2004. Next there is presented Visegrad cooperation in the field of the Common Foreign and Security Policy of the EU. The text analysis specific issues projecting the safety of Europe in recent years. The analysis of the commitment of V4 in the shaping of the EU CFSP will be based on source materials, mainly on documents produced by the authorities of the Visegrad Group such as presidency programmes, statements, declarations and annual reports. ; The Visegrad Group (V4) was formed with the aim to support Central European countries – Poland, Czechoslovakia (since 1993 the Czech Republic and Slovakia) and Hungary in their efforts to join NATO and the European Communities. V4 had to redefine its role and tasks after 2004 having achieved the set objectives in the first years of its existence. The new format of the Visegrad Group made provisions for a close cooperation between member states within the European Union. The strategy of combining potentials of the V4 states in negotiations on the EU level is based on reasonable assumptions, as it may lead to an increased significance of the region in the decision-making process. The article discusses the genesis and evolution of the V4 up to 2004. Next there is presented Visegrad cooperation in the field of the Common Foreign and Security Policy of the EU. The text analysis specific issues projecting the safety of Europe in recent years. The analysis of the commitment of V4 in the shaping of the EU CFSP will be based on source materials, mainly on documents produced by the authorities of the Visegrad Group such as presidency programmes, statements, declarations and annual reports.
The Visegrad Group (V4) was formed with the aim to support Central European countries – Poland, Czechoslovakia (since 1993 the Czech Republic and Slovakia) and Hungary in their efforts to join NATO and the European Communities. V4 had to redefine its role and tasks after 2004 having achieved the set objectives in the first years of its existence. The new format of the Visegrad Group made provisions for a close cooperation between member states within the European Union. The strategy of combining potentials of the V4 states in negotiations on the EU level is based on reasonable assumptions, as it may lead to an increased significance of the region in the decision-making process. The article discusses the genesis and evolution of the V4 up to 2004. Next there is presented Visegrad cooperation in the field of the Common Foreign and Security Policy of the EU. The text analysis specific issues projecting the safety of Europe in recent years. The analysis of the commitment of V4 in the shaping of the EU CFSP will be based on source materials, mainly on documents produced by the authorities of the Visegrad Group such as presidency programmes, statements, declarations and annual reports. ; The Visegrad Group (V4) was formed with the aim to support Central European countries – Poland, Czechoslovakia (since 1993 the Czech Republic and Slovakia) and Hungary in their efforts to join NATO and the European Communities. V4 had to redefine its role and tasks after 2004 having achieved the set objectives in the first years of its existence. The new format of the Visegrad Group made provisions for a close cooperation between member states within the European Union. The strategy of combining potentials of the V4 states in negotiations on the EU level is based on reasonable assumptions, as it may lead to an increased significance of the region in the decision-making process. The article discusses the genesis and evolution of the V4 up to 2004. Next there is presented Visegrad cooperation in the field of the Common Foreign and Security Policy of the EU. The text analysis specific issues projecting the safety of Europe in recent years. The analysis of the commitment of V4 in the shaping of the EU CFSP will be based on source materials, mainly on documents produced by the authorities of the Visegrad Group such as presidency programmes, statements, declarations and annual reports.
In Bank Refah Kargaran (case C-134/19 P Bank Refah Kargaran v Council ECLI:EU:C:2020:793), the Court of Justice decided that it has jurisdiction to award damages for noncontractual liability incurred by the EU for harm caused by certain restrictive measures in Common foreign and security policy (CFSP) decisions. In so doing, the Court of Justice further extends its jurisdiction within the CFSP. The Court interprets narrowly the limits to its jurisdiction provided for in arts 24 TEU and 275 TFEU. This Insight finds the Court's reasoning insufficient to justify a departure from the Treaty text, which limits the jurisdiction the Court of Justice of the EU to "proceedings […] reviewing the legality of decisions providing for restrictive measures". The action for damages is no such proceeding.
Soğuk Savaşın sona ermesiyle uluslararası sistemde büyük değişimler meydana gelmiştir. En önemli değişim güvenlik alanında görülmüştür. Avrupa ülkelerinin de güvenlik algılamaları değişmiştir. Güvenlik kurumları da değişen bu algılamalara bağlı olarak değişim sürecine girmiş ve bu algılamalar çerçevesinde yeniden yapılanmaya başlamıştır. Bu tez Soğuk Savaş sonrası Avrupa güvenlik sisteminde meydana gelen değişmeleri ve bu bağlamda Türkiye'nin konumunu ele almaktadır. Soğuk Savaş sonrası tehdit algılaması Avrupa'ya doğrudan askeri tehdit olmayışı ve bunun yerine kurumsal yapılanma çerçevesinde ele alınması gereken başka tehditler ön plana çıkmıştır. Bu tez ayrıca Avrupa'daki güvenlik yapılanmalarının evrimini, tarihsel ve siyasal arka planını, bu oluşumları çevreleyen dış etmenleri ve şu anki durumu ele almaktadır. Ayrıca, NATO'nun gelecekteki rolü ve AB'nin bağımsız bir askeri kapasiteye erişme çabaları da irdelenmiş, Türkiye'nin güvenlik kaygıları ve Avrupa güvenlik mimarisindeki yeri de değerlendirilmiştir. Bu çalışmanın vardığı genel sonuç Avrupa'nın bağımsız askeri yeteneğe kavuşma yolundaki arzusunun devam edeceği ve Türkiye'nin de askeri ve jeopolitik değerleri nedeniyle bu girişim içinde hak ettiği yeri alması gerektiği yolundadır.