Impact of the Lisbon Treaty on the
Common Security and Defence Policy
of the European Union
24 February 2013
Joël Schuyer
CSDP Crisis Management
Operations & Missions
EEAS - Crisis Management & Planning Directorate
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Military and Civilian Missions
in CSDP framework
EEAS - Crisis Management & Planning Directorate
Impact of Lisbon on CSDP
1. Institutional framework
2. Legal framework
3. Capabilities
4. Partnerships/Relations
5. Financial framework
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1. Institutional framework
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Institutional framework (1)
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European Council becomes EU Institution
TEU 13 (1)
Presidencies European Council & Foreign Affairs Council
become permanent TEU 15 (5) & 27
High Representative (President FAC; Vice President Cion)

Is appointed by European Council; TEU 18

Implements CSDP;
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Has right of proposal in CFSP/CSDP;

Represents EU in political dialogue;
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Represents EU in CFSP / CSDP matters;
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Is assisted by European External Action Service.
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Institutional framework (2)

European External Action Service
TEU 27 (3)

Works under direct authority of High Representative;
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Closely cooperates with Member States;

Staff from Council GS, Cion and Member States

Contains CSDP structures (CMPD, CPCC, EUMS)

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Assists Cion and European Council in area of external
relations
Structures agreed by Council upon consultation with
European Parliament; TEU 27 (3)
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Institutional framework (3)

Institutional competences
(Declaration 14)

NO new powers in CFSP to Cion;

NO increase of role of European Parliament;

Council retains prerogative →

Political & Security Committee continues, under authority
of Council AND High Representative (EEAS), to exercise
political control & strategic direction of CSDP missions and
operations; (TEU 38);
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2. Legal framework
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Legal framework (1)

European Union



Gets legal personality
TEU 47
May conclude agreements in CFSP area with States and
International Organisations TEU 37
Procedure is outlined in Treaty on FUNCTIONING of EU:


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Council authorizes opening of negotiations adopts negotiating
directives, authorizes signature of agreements and concludes them.
TFEU 218 (2);
High Representative may submit recommendation to Council to open
negotiations; TFEU 218 (3)
Council nominates negotiator or head of negotiating team (depending
on the subject of the agreement envisaged) TFEU 218 (3)
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Legal framework (2)

Scope of CSDP includes TEU 43 (1)
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Joint disarmament operations;
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Humanitarian & rescue tasks;
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Military advice and assistance tasks;
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Conflict-prevention, peace-keeping, peacemaking, post-conflict stabilisation;
Contributing to fight against terrorism.
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Legal framework (3)
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Council may entrust CSDP task to group of
MS “which are willing and have the
necessary capability”
These MS act in association with the HR
TEU 44 (1)
Council is kept informed and stays in
control at all times.
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3. Capabilities
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Capabilities
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(1)
CSDP is conducted using capabilities
provided by the MS TEU 42
MS establishing multinational forces (such
as Battlegroups and Integrated Police
Units) may make them available to the EU
Role of European Defence Agency defined
in detail TEU 42 (3) & 45
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4. Relations & Partnerships
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Relations & Partnerships

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Relations and partnerships are based on shared
principles such as: democracy, rule of law, human
rights & fundamental freedoms, human dignity,
equality, solidarity, respect for UN Charter and
international law TEU 21
EU seeks to liaise with


TEU 22
:
Third (=non-EU) countries
International, regional or global organisations (e.g.
UN+agencies, Council of Europe, OSCE, OCDE)
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5. Financial framework
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Financial framework

Under CFSP, operating expenditure will continue
to be charged to:

MS for operations having military or defence
implications

EU budget for other operations (e.g. civilian CSDP
missions)
Except when Council unanimously decides
otherwise TEU 41 (2)

MS who have made a formal declaration under
art. 31 (1) TEU are not obliged to contribute to
the financing of operations having military or
defence implications (e.g. Denmark: see Protocol 22 art. 5 to TEU)
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Questions ?
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