Development of the Common Foreign and Security Policy in the European Union: A Comprehensive Overview

1. European Common policiesPrepared by Dr. Endre Domonkos (PhD) 2013/2014. Academic Year, Spring Semester

2. I. Development of the Common Foreign and Security Policy I. • The Treaty of Rome: it did not contain any reference to a common foreign policy. • European Political Cooperation: introduced in 1970 to coordinate national foreign policies and to conduct common foreign action. • The Treaty of Maastricht: setting up Common Foreign and Security Policy (CFSP) as the second pillar of the European Union. • CFSP is based on intergovernmental cooperation (independent decision making system and separate legal acts).

3. I. Development of the Common Foreign and Security Policy II. • The main objectives of the Common Foreign and Security Policy: • Problems: joint actions resulted in failure in several occasions + agreement on common positions required unanimity. • The Treaty of Amsterdam: modification in the system of decision making + legal sources applicable in the area of the CFSP. • Introduction of the constructive abstention: to improve the efficiency of common foreign policy action. • Establishment of the position of High Representative for the CFSP.

4. I. Development of the Common Foreign and Security Policy III. • Problem: The EU Treaty didn’t specify the competences of the Secretary General of the Council. • Conflict of competences between the Council’s Secretary General and the Commissioner responsible for External Relations of the European Commission. • The 1998-1999 conflict in Kosovo pointed out more clearly the differences between the EU and NATO capabilities and limitations of EU engagement. • Thus, at the turn of millennium crisis management became important.

5. I. Development of the Common Foreign and Security Policy IV. • Declaration of Saint Malo: birth of European Security and Defence Policy. • The Cologne Summit (on 3-4 June 1999): it laid down the foundations of the cooperation called European security and defence policy (ESDP). • The introduction of the principle of collective defence in the Union was refused. • The Helsinki Summit (on 10-11 December 1999): • The main endeavor was to create multinational military force capable of managing crisis and deployable as necessary.

6. I. Development of the Common Foreign and Security Policy V. • Setting up new political and military structures within the Council: Political and Security Committee and a Military Committee. • The Treaty of Nice formally introduced the Political and Security Committee in the EU Treaty. • The operational deployment of crisis management force could only begin parallel to the conclusion of an agreement between the EU and NATO in December 2003. • The first EU-led military and police crisis management operations took place in Macedonia, Bosnia-Herzegovina an Congo, starting in 2003.

7. I. Development of the Common Foreign and Security Policy VI. • Due to the appearance of defence issues, this area was introduced in the text of the EU Treaty also, in addition to the definition of crisis management tasks. • Article 17 of the EU Treaty: • It is essential emphasize that this policy of the EU respects the obligations of those Member States which see their common defence realised in NATO and does not affect the specific character of their security and defence policies.

8. II. Decision-making and instruments within the CFSP I. • The Common Foreign and Security Policy: it is supported by the Member States in a spirit of loyalty and mutual solidarity. • Coordination the actions in international organisations. • Legal instruments in the field of CFSP: - definition of general guidelines for the common foreign and security policy; - adoption of decisions on common strategies; - adoption of joint actions; - adoption of common positions.

9. II. Decision-making and instruments within the CFSP II. • The task of the European Council: • Common strategies: • The Council recommends common strategies to the European Council and implements them by adopting joint actions and common positions. • Joint actions: • Common positions: • Decisions of implementing nature:

10. II. Decision-making and instruments within the CFSP III. • The European Council is responsible conducting the CFSP at strategic level. • The Council ensures that Union action is united, coherent and effective. • Decisions needed for the operation of the CFSP are adopted by the Council. • The European Commission’s and the European Parliament’s role: limited participation in the decision-making. • The Presidency of the Council:

11. II. Decision-making and instruments within the CFSP IV. • Decisions in the field of CFSP: unanimity and the role of the Council. • Abstention of members present in person or represented do not prevent the adoption of the decisions. • Qualified majority voting is used in exceptional cases. • In such cases, if a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote is not taken.

12. II. Decision-making and instruments within the CFSP V. • Conclusion of international agreements in the field of CFSP: • The Council authorises the Presidency to open negotiations. • The agreements are concluded by the Council acting on the recommendation from the Presidency. • The Council acts unanimously when the agreements cover an issue for which unanimity is required for the adoption of internal decisions. • The Treaty of Nice: introduction of enhanced cooperation in the second pillar.

13. III. Main points of the reform of the CFSP • The special rules on Common Foreign and Security Policy and Common Security and Defence Policy are laid down in Title V (Articles 23-41 and Articles 42-46) of the EU Treaty. • The detailed rules for the Union’s external action can be found in TFEU (Articles 205-222). • The Treaty of Lisbon makes it possible the enhanced flexibility, through a special bridging clause. • Setting up of the position of High Representative of the Union for Foreign Affairs and the European External Action Service.

14. IV. Provisions concerning the Common Foreign and Security policy I. • The Treaty of Lisbon: it sets out the basic principles + objectives of the Union’s external action in a single article. • Basic principles: • The EU promotes multilateral solutions to common problems in the framework of the United Nations. • The Council, the Commission and the High Representative of the Union for the Foreign Affairs and Security Policy ensure the consistency between the different areas of the Union’s external action and between these and the Union’s other policies.

15. IV. Provisions concerning the Common Foreign and Security policy II. • In the field of CFSP: spirit of loyalty and mutual solidarity by the Member States. • Reduction of legal acts in the field of CFSP. • The European Council or the Council may define general guidelines or adopt decisions. • The role of the European Council: it identifies the EU’s strategic interests and determines the objectives of + defines general guidelines for the CFSP.

16. IV. Provisions concerning the Common Foreign and Security policy III. • The Council’s task is to frame the common foreign and security policy on the basis of the general guidelines and strategic lines defined by the European Council. • Article 25 of the EU Treaty: • Where the international situation requires operational action, the Council takes the necessary measures in the form of decisions (Article 28 TEU). • The decisions have to lay down the objectives and the scope of actions.

17. IV. Provisions concerning the Common Foreign and Security policy IV. • The Council may define the approach of the Union to a particular matter of a geographical or thematic nature. • Within the European Council and the Council, Member States include on the agenda all foreign and security policy items of general interest in order to determine a common approach. • The CFSP is put into effect by the High Representative of the Union for Foreign Affairs and Security Policy and by Member States. • General rule: decisions are adopted by the Council or the European Council acting unanimously.

18. IV. Provisions concerning the Common Foreign and Security policy V. • Extension of the scope of qualified majority voting to one more case: • The Treaty of Lisbon maintains the possibility of constructive abstention. • Special bridging clause: it enables the transition to qualified majority voting by a decision of the European Council adopted unanimously, without the obligation to convene an intergovernmental conference. • This bridge cannot be applied in cases of CFSP decisions having military or defence implications.

19. IV. Provisions concerning the Common Foreign and Security policy VI. • The Foreign Affairs Council: • Establishment of the position of the High Representative for Foreign Affairs and Security Policy. • Merging the position of the former post of the Commissioner responsible for External Relations of the European Commission and that of the High Representative for the common foreign and security policy. • The High Representative for Foreign Affairs and Security Policy:

20. IV. Provisions concerning the Common Foreign and Security policy VII. • Creation the European External Action Service: to assist the High Representative for Foreign Affairs and Security Policy in his/her activities. • In the field of CFSP: the power of initiative is granted to the Member States and to the High Representative of the Union for Foreign Affairs and Security Policy. • The Commission lost its right of initiative in the field of CSFP. • The EP doesn’t have substantial role in the field of CSFP.

21. IV. Provisions concerning the Common Foreign and Security policy VIII. • The EP holds a debate on progress in the field of common foreign and security policy twice a year. • Modifications introduced to the provisions concerning the cooperation of Member States in international organisations. • Coordination the action by the Member States in international organisations. • The High Representative is responsible for the organisation of this coordination.

22. IV. Provisions concerning the Common Foreign and Security policy XI. • The Court of Justice: it hasn’t got jurisdiction in the field of CFSP. • Exceptions: • In the field of CFSP: enhanced cooperation can be launched by nine Member States. • The Lisbon Treaty allows enhanced cooperation in all fields of common foreign and security policy + flexible cooperation under the defence policy. • It requires the unanimous decision of the Council.

23. V. Provisions concerning the Common Security and Defence policy I. • Common Security and Defence policy (CSDP): it is an integral part of the CFSP. • The CSDP provides the Union with an operational capacity drawing on civilian and military assets. • The EU may use these assets on missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the UN Charter. • Introduction of fight against terrorism as a new task + reaffirmation of crisis management.

24. V. Provisions concerning the Common Security and Defence policy II. • The European Defence Agency: defence capabilities development, research, acquisition and armaments. • Main task of the European Defence Agency: to identify operational requirements and to strenghten the industrial and technological base of the defence sector. • The European defence Agency: it is open to all Member States and its statute, seat and operational rules are adopted by the Council acting by qualified majority.

25. V. Provisions concerning the Common Security and Defence policy III. • Introduction of the „Permanent structured cooperation”. • Precondition: contribution to the development of rapid response capabilities. • Participation in Permanent structured cooperation: fulfilling the criteria for participation + meeting the commitments of the Member States. • Member States must notify their intention to the Council and to the High Representative of the Union for Foreign Affairs and Security Policy.

26. V. Provisions concerning the Common Security and Defence policy IV. • 2010 Headline goals: pledges were made by the Member States for capability development with a view to the creation of the so-called battle groups. • The Lisbon Treaty integrates into the EU Treaty the „collective defence clause”. • The CFSP of the EU must respect the obligations of certain Member States within the framework of North Atlantic Treaty Organisation (NATO).

27. V. Provisions concerning the Common Security and Defence policy V. • Introduction of solidarity clause. • The EU can mobilise all the instruments at its disposal. • The rules for the implementation of the solidarity clause are defined by a decision adopted by the Council acting on joint proposal from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy. • In questions of implementation having defence implications the Council acts unanimously.

28. V. Provisions concerning the Common Security and Defence policy VI. • DECISION-MAKING IN THE FIELD OF CSDP: • The Council adopts the decisions acting unanimously on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy or an initiative from a Member State (Article 42 (4) TEU). • The Council may adopt a decision for the financing from the Union budget of certain urgent expenditure in relation to the carrying out of crisis management tasks.

29. VI. Literature - Zoltán Horváth (2011): Handbook on the European Union, Hungarian National Assembly, Fourth Edition, Chapter 25., The Common Foreign and Security Policy and the European Security and Defence Policy, Hvgorac, pp. 559-590. - Zoltán Horváth – Bálint Ódor (2010): The Union after Lisbon. The Treaty Reform of the EU, Chapter 8. The Union’s policies, hvgorac, pp. 295-308.