Common foreign and security policy and European security and defence policy after the
Lisbon Treaty – Old problems solved?
Julia Schmidt
Handout
I. Primary CFSP law
I.1. The principle of systematic cooperation
Nice version
Article 16 TEU
Member States shall inform and consult one
another within the Council on any matter of
foreign and security policy of general interest
in order to ensure that the Union’s influence
is exerted as effectively as possible by means
of concerted action.
Lisbon version
Article 32 (1) TEU
Member States shall consult one another
within the European Council and the Council
on any matter of foreign and security policy
of general interest in order to determine a
common approach. Before undertaking any
action on the international scene or entering
into any commitment which could affect the
Union’s interest, each Member State shall
consult the others within the European
Council or the Council. Member States shall
ensure, through the convergence of their
actions, that the Union is able to assert its
interests and values on the international
scene. Member States shall show mutual
solidarity.
I.2. The principle of loyal cooperation
Nice version
Article 11 (2) TEU
The Member States shall support the Union’s
external and security policy actively and
unreservedly in a spirit of loyalty and mutual
solidarity.
The Member States shall work together to
enhance and develop their mutual political
solidarity. They shall refrain from any action
which is contrary to the interests of the
Union or likely to impair its effectiveness as
a cohesive force in international relations.
Lisbon version
Article 24 (3) TEU
The Member States shall support the Union’s
external and security policy actively and
unreservedly in a spirit of loyalty and mutual
solidarity and shall comply with the Union’s
action in this area.
The Member States shall work together to
enhance and develop their mutual political
solidarity. They shall refrain from any action
which is contrary to the interests of the
Union or likely to impair its effectiveness as
a cohesive force in international relations.
II. Secondary CFSP law
The instruments of the common foreign and security policy
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In order to pursue the objectives of a common foreign and security policy, the Treaty of Nice
mentions five different instruments, consisting of the definition of the principles of and
general guidelines for the common foreign and security policy; common strategies, joint
actions, common position and the strengthening of systematic cooperation between the
member states, Article 12 TEU. Over the past few years, practice has also led to the
development of decisions sui generis. Additionally, there is the possibility of the conclusion
of international agreements, Article 24 TEU.
The Lisbon Treaty introduces some modest changes. The instruments to implement the CFSP
stop to include common strategies. The terms common positions and joint actions have been
deleted but the instruments as such still exists.
Nice version
Article12 TEU
The Union shall pursue the objectives set out
in Article 11 by:
- Defining the principles of and
general guidelines for the
common foreign and security
policy,
- Deciding on common
strategies,
- Adopting joint actions,
- Adopting common positions,
- Strengthening systematic
cooperation between the
Member States in the conduct
of policy.
Lisbon version
Article 25 TEU
The Union shall conduct the common foreign
and security policy by:
(a) defining the general guidelines :
(b) adopting decisions defining:
(i)
actions to be undertaken
by the Union:
(ii)
positions to be taken by
the Union:
(iii)
arrangements for the
implementation of the
decisions referred to in
points (i) and (ii):
and by
(c) strengthening systematic cooperation
between the Member States in the conduct of
policy.
II.1. Joint actions / operational decision (Council decisions defining actions to be
undertaken by the Union)
Nice version
Article 14 TEU
(1)
The Council shall adopt joint actions. Joint
actions shall address specific situations
where operational action by the Union is
deemed to be required. They hall lay down
their objectives, scope, the means to be made
available to the Union, if necessary their
duration, and the conditions for their
implementation.
(2) If there is a change in circumstances
having a substantial effect on a question
subject to joint action, the Council shall
Lisbon version
Article 28 TEU
(1)
Where the international situation requires
operational action by the Union, the Council
shall adopt the necessary decisions. They
shall lay down their objectives, scope, the
means to be made available to the Union, if
necessary their duration, and the conditions
for their implementation.
If there is a change in circumstances having a
substantial effect on a question subject to
such a decision, the Council shall review the
principles and objectives of that decision and
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review the principles and objectives of that
action and take the necessary decisions. As
long as the Council has not acted, the joint
action shall stand.
take the necessary decisions.
(2)
Decisions referred to in paragraph 1 shall
commit the Member States in the positions
(3)
they adopt and in the conduct of their
Joint actions shall commit the Member States activity.
in the positions they adopt and in the conduct
of their activity.
(4)
In cases of imperative need arising from
(6)
changes in the situation and failing a review
In cases of imperative need arising from
of the Council decision as referred to in
changes in the situation and failing a Council paragraph 1, Member States may take the
decision, Member States may take the
necessary measures as a matter of urgency
necessary measures as a matter of urgency
having regard to the general objectives of
having regard to the general objectives of the that decision. The Member State concerned
joint action. The Member State concerned
shall inform the Council immediately of any
shall inform the Council immediately of any such measures.
such measures.
(5)
(7)
Should there be any major difficulties in
Should there be any major difficulties in
implementing a decision as referred to in this
implementing a joint action, a Member State Article, a Member State shall refer them to
shall refer hem to the Council which shall
the Council which shall discuss them and
discuss them and seek appropriate solutions. seek appropriate solutions. Such solutions
Such solutions shall not run counter to the
shall not run counter to the objectives of the
objectives of the joint action or impair its
decision referred to in paragraph 1 or impair
effectiveness.
its effectiveness.
II.2. Common positions / Union positions
Nice version
Article 15 TEU
The Council shall adopt common positions.
Common positions shall define the approach
of the Union to a particular matter of a
geographical or thematic nature. Member
States shall ensure that their national policies
conform to the common positions.
Lisbon version
Article 29 TEU
The Council shall adopt decisions which
shall define the approach of the Union to a
particular matter of a geographical or
thematic nature. Member States shall ensure
that their national policies conform to the
Union positions.
II.3. International agreements
Nice version
Article 24 TEU
(1)
When it is necessary to conclude an
agreement with one or more States or
international organisations in implementation
of this title, the Council may authorise the
Lisbon version
Article 37 TEU
The Union may conclude agreements with
one or more States or international
organisations in areas covered by this
Chapter.
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Presidency, assisted by the Commission as
appropriate, to open negotiations to that
effect. Such agreements shall be concluded
by the Council on a recommendation from
the Presidency.
(5)
No agreement shall be binding on a Member
States whose representative in the Council
states that it has to comply with the
requirements of its own constitutional
procedure; the other members of the Council
may agree that the agreement shall
nevertheless apply provisionally.
Article 216 TFEU
(1)
The Union may conclude an agreement with
one or more third countries or international
organisations where the Treaties so provide
or where the conclusion of an agreement is
necessary in order to achieve, within the
framework of the Union’s policies, one of the
objectives referred to in the Treaties, or is
provided for in a legally binding Union act or
is likely to affect common rules or alter their
scope.
(2)
Agreements concluded by the Union are
binding upon the institutions of the Union
and on its Member States.
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