The whole activity of the European Union is based on its so-called Constitution or Maastricht Treaty and amendments to this Treaty, the major of which is the Treaty of Lisbon. And for all of these legal bases the question of common foreign policy of the European Countries is the most controversial one. Concluding the above mentioned treaties European Countries passed a part of functions in the sphere of foreign policy to the collective bodies in order to be represented in the relations with other non-EU countries.
- What are the goals of the EU Foreign Policy?
A Common Foreign and Security Policy (CFSP) was established in the Maastricht Treaty in 1992 to faster cooperation between EU member states and promotion peace and respect of human rights, defending the EU values, interests and independence and making the EU more secure. Article J says that the objectives of the EU are to safeguard the common values, fundamental interests and independence of the Union, to strengthen the security of the Union and its Member States in all ways, to preserve peace and strengthen international security, to promote international cooperation and to develop and consolidate democracy, the rule of law, and respect for human rights and fundamental freedoms. The Lisbon Treaty expresses clearly the principles and objectives of the Union’s external action. It ensures a strong emphasis on multilateral cooperation, the role of the United Nations, on conflict prevention and on poverty eradication as the primary aim of development policy, consistent with the principles and priorities of the foreign policy. The need for consistency in the different elements of external action is emphasized. These strivings are the basic principles of the CFSP of the Union, and what is even more important are the spirit in which Member States organize cooperation between each other and with third states on the foreign policy (Grevi, Helly and Keohane 20).
- What are the EU Security and Defense Policy?
In the Lisbon Treaty, the title “Common Security and Defense Policy” replaced the formula “European Security and Defense Policy (ESDP)” which was in use previously. The European Union’s security and defense policy is an integral aspect of its Common Foreign and Security Policy, and is aimed at supporting the achievement of the CFSP’s objectives. Its primary function is to provide the Union with an operational capacity to undertake peace-keeping and crisis management missions outside the territory of the Union. It does so by drawing on the civilian and military capabilities of the Member States.
- How does the EU make its Foreign Policy?
The European Council, acting unanimously, takes decisions identifying the strategic interests and objectives of the Union, covering either the relations of the Union with a particular country or region, or a particular theme. Such decisions can deal with any or all aspects of the Union’s external action. It is, in turn, for the Council to adopt the necessary implementing decisions (Keatinge 26).
The Common Foreign and Security Policy is different from other aspects of the Union’s external action. Decision-making remains primarily on a unanimous basis. It should be noted that qualified majority voting cannot be applied to decisions having military or defense implications – such decisions must always be taken unanimously. The Commission’s role is relatively minor. The role of the European Parliament in regard to the CFSP remains consultative. Moreover, the CFSP, including all defense matters, remains outside the jurisdiction of the Court of Justice, although the Court has power with regard to the rights of persons, bodies or companies that are subject to EU sanctions (Trybus 15).
The High Representative for Foreign Affairs and Security Policy puts into effect the CFSP along with Member States, as mandated by the Council. He or she is also responsible for the implementation of aspects of external relations, including development policy and humanitarian assistance. Serving simultaneously as a Commission Vice-President, he or she has a coordinating role in respect of issues with an international dimension, such as development aid. High Representative for Foreign Affairs and Security Policy serves as the EU Foreign Minister and represents the Union abroad. But it does not detract from the competences of the Foreign Ministers of the Member States who remain to be responsible for conducting their own States’ national foreign policies (Bretherton 37). In addition, Union policy in all areas of external action continues to be determined by the Council of Ministers and the European Council, which are made up of Member States’ Ministers and Heads of State or Government respectively. The High Representative is assisted by European External Action Service, made up of diplomats seconded from the Member States, and officials from the Commission and the Council Secretariat.
In order to reach the objectives which were set to the Union by its Member States, Council of Ministers of the EU adopts joint actions and common positions. Joint actions reflects specific situations where operation actions of the Union are necessary and set the objectives, scope and means to be made available to the EU. And common positions, on the other hand, define the approach that the EU takes on a certain matter of geographical or thematic nature, and define in the abstract the general guidelines to which the national policies of Member States must conform.
- What are the mechanisms of the EU Foreign Policy?
The EU has implemented a lot of mechanisms for providing of its foreign policy. One of them, which should be mentioned, is the newest mechanism of the European Neighborhood Policy or ENP. It was created to ensure stability in Europe and hence to avoid new security vacuum and new dividing lines in the European region. It’s a regional foreign policy with the goal to develop close relations with the neighboring countries of the EU without giving them the prospect of accession. The Commission’s president, Romano Prodi, said that the ENP countries would share “everything but the institutions”. In reality, countries under the ENP programs could get benefits such as assistance and financial support, preferential trade measures and participation in certain Community programs, but they also have to complete several requirements (Kelly 31). For example, Syria has to ratify Association Agreement and Belarus has to establish a democratic form of government, which corresponds to the standards established by the EU.
- What are the restrictions and limitations of the EU Foreign Policy?
Nevertheless, EU couldn’t act like an independent organization on behalf of its Member States. There are some limits and restrictions. For instance, Declaration 14 concerning provisions of the Lisbon Treaty adds that the new provisions “will not affect the existing legal basis, responsibilities, and powers of each Member State in relation to the formulation and conduct of its foreign policy, its national diplomatic service, relations with third countries and participation in international organizations” (329).
Moreover, as it was stated before all decisions have to be taken by consensus. In other words, each Member State has virtually a veto power over the decisions taken by the EU. Member States make it extremely difficult to find consensus in the framework of CFSP, especially regarding issues of ‘high politics’ that belong to the fiercely guarded nucleus of national foreign and security policies (Gordon 81).
Thus, Member States cooperate to provide their Common Foreign Policy to enhance the effectiveness, coherence and visibility of the Union in the outside world and to ensure that the Union is equipped adequately to carry out its international responsibilities.
References
Bretherton, Charlotte, and John Vogler. Common Foreign and Security Policy: A Political Framework for EU External Action? London: Routledge, 2010. Print.
Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union, as amended by the Treaty of Lisbon, Official Journal, C 115, Vol.51, 2008. Web.
Declaration №14 Concerning Common Foreign and Security Policy of the Lisbon Treaty. Denmark: Foundation for EU Democracy, 2008. Web.
Gordon, Philip H. "Europe's Uncommon Foreign Policy". International Security 22.3 1997/98: 74-100. Print.
Grevi, Giovanni, Damien Helly, and Daniel Keohane. European Security and Defence Policy: first 10 years. Paris: European Union Institute for Security Studies, 2009. Print.
Keatinge, Patrick, and Ben Tonra. European Security and Defense Policy and the Lisbon Treaty. Dublin: Institute of International and European Affairs, 2009. Print.
Kelly, Judith. “New Wine in Old Wineskin: Promoting Political Reforms through the New European Neighborhood Policy”. Journal of Common Market Studies 44, no.1, 2006: 29-55. Print.
Maastricht Treaty, Treaty on European Union, Maastricht. Luxembourg: Office for Official Publications of the European Communities, 1992. Web.
Prodi, Romano. A Wider Europe – A Proximity Policy as the Key to Stability. Speech at the Sixth ECSA-World Conference, 5–6 Dec, 2002. Web.
Trybus, Martin. European Union Law and Defense Integration. Oxford: Hart Publishing, 2005. Print.