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European Union External Relations
- Grado
- GEL
- Institución
- ESADE Law & Business School (ESADE)
EU Ext Rel Class Notes GEL 2
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European Union External Relations1. History and Nature of EU Foreign Policy
Foreign policy – “the sum of official external relations conducted by an independent actor
(usually a state) in international relations”
International organization – “an organization established by a treaty or other instrument
governed by international law and possessing its international legal personality; may include
as members, in addition to States, other entities”
- Criteria to be an IO
1. Intentional and voluntary acts of founding members (Usually based on an
international treaty)
2. Membership of two or more subjects of international law (usually States)
- Some members are also the creators of the IO. In this case, powerful
States, when creating IOs, can make privileges for themselves.
3. Minimum degree of permanent structure (Equipped with organs that can
express the will of the organization)
4. Functional aims (Procurement of common and legitimate matters under
international law)
Types and classifications
- IOs need to be distinguished from other regimes of international cooperation, e.g.:
i. NGOs
ii. Public or private forms of administration
iii. International state conferences
iv. Highly-integrated organizations (e.g. EU = IO of a particular kind)
- Factors of classification:
i. Aim/Function:
- General aims (e.g. UN)
- Specific aims (e.g. WTO)
ii. Forms/Degrees of association and competences:
- Intergovernmental – when sovereign states cooperate on decisions
through consensus, retaining full control and the right to veto
- Supranational – when states delegate authority to a higher body that
can make binding decisions, even without unanimous consent
- The EU is the only supranational IO of its kind.
- The EU passes binding laws on its Member States, but
Member States cannot pass binding laws alone. EU citizens
have a say (i.e. through Parliament).
- The EU is also the only IO where an institution has members
who are directly elected and can make legislation.
ii. Membership
- Universal/open
- Limited/closed (e.g. regionalism)
,Historical background of external policy in the EU
1. Treaty of Rome, 1957 (1958)
- The EU (former EEC) began as a “project of peace” after WWII and worked
on trade and development assistance.
2. European Political Cooperation (EPC), 1970
- The EPC did not succeed. Member States did not coordinate foreign affairs,
largely due to Charles de Gaulle being against coordinating with Germany
and Italy and his belief that the EU was not a substitute for a State.
- He strongly believed in maintaining France's national sovereignty and
independence in foreign policy, resisting any dilution of control through
multilateral coordination.
- De Gaulle aimed to assert France's leadership in Europe and feared
that coordinating with Germany and Italy would undermine this
ambition.
- He was wary of supranational structures that could limit France’s
ability to pursue its strategic interests.
- Lingering post-war distrust of Germany and Italy influenced his
reluctance to closely coordinate on foreign affairs.
- After de Gaulle’s death, more cooperation began, but this cooperation was
not made official in the treaties.
3. Maastricht Treaty, 1992 (1993)
- The Common Foreign and Security Policy (CFSP) was integrated as the
second EU pillar.
4. Treaty of Amsterdam, 1997 (1999)
- The High Representative for CFSP became the EU’s common representative
for foreign affairs.
5. Nice Treaty, 2001 (2003)
6. Lisbon Treaty, 2007 (2009)
Neofunctionalism – “a theory of regional integration that argues integration in one sector,
typically economic or technical, creates pressure for further integration in related areas
through a spillover effect”
- As seen in the EU, this process leads to deeper cooperation and eventually broader
political integration.
Three general categories of EU competences
1. Exclusive competence (Art. 3 TFEU) – Only the EU can adopt legally binding acts.
- Customs Union;
- Competition rules for internal market;
- Monetary policy for the Euro area;
- Common fisheries policy;
- Common Commercial Policy (CCP);
- Certain international agreements
2. Shared competence (Art 4. TFEU) – Member States can only act if the EU has
chosen not to.
- Internal market;
- Social policy, but only for aspects defined in the Treaties;
- Economic, social, and territorial cohesion (regional policy);
, - Agriculture and fisheries (except conservation of marine biological resources);
- Environment;
- Consumer protection;
- Transport;
- Trans-European networks;
- Energy
- Area of freedom, security, and justice;
- Shared safety concerns in public health matters, limited to the aspects
defined in the TFEU;
- Research, technological development, space;
- Development cooperation and humanitarian aid
3. Support, coordinate, or supplement the actions of Member States (Arts. 5, 6 TFEU) –
The EU may not adopt legally binding acts that require Member States to harmonize
their laws and regulations, save special situations (e.g. COVID)
- Protection and improvement of human health;
- Industry;
- Culture;
- Tourism;
- Education, vocational training, youth, and sport;
- Civil protection;
- Administrative cooperation
Member States retain competences in the area of foreign policy and diplomacy (i.e. CFSP).
In this case, the intergovernmental approach dominates.
- However, decision-making at the EU level stays largely the same in issues related to
external relations. This way, the execution of EU policies is harmonized.
- The High Representative acts as the EU’s foreign minister.
- The European External Actions Service (EEAS) acts as the EU’s foreign
ministry (diplomatic corps).
Main areas of EU external actions
- Preserve peace and strengthen international security
- Promote international cooperation
- Develop and consolidate democracy, the rule of law, and respect for human rights
and fundamental freedom
- Examples:
- A combination of diplomacy, trade, humanitarian aid, security and defence,
development and cooperation, sanctions, etc.
- Enlargement and neighborhood policies
- Trade agreements
- Peacekeeping missions
- Stabilization of conflict areas
- EU election observers
- Climate change initiatives
- Development finance (the EU is the world’s largest donor)
Opportunities for the EU in foreign policy
, - More visibility and better effectiveness (“stronger together” in terms of gaining
publicity and pooling resources)
- Better synergy between the EU and Member States (“speaking with one voice”)
Challenges for the EU in foreign policy
- Horizontal inconsistency – lack of consistency between policy areas within the EU
(e.g. trade v. human rights)
- Institutional inconsistency – different actors with different policy priorities engage in
foreign relations.
- Vertical inconsistency – between policies agreed at the EU level and pursued by the
Member States
- Interstate inconsistency (Horizontal inconsistency II) – lack of consistency between
policy areas among the Member States
Reading: Euromed-EU Training Guide pp. 8-21
Foundations of the European Union (EU)
- The EU emerged from a desire for European countries to cooperate on economic
and political matters.
- Throughout its evolution, the EU has also contributed to peace, reconciliation,
democracy, and human rights across Europe.
- Despite its achievements, the EU faces ongoing challenges to its unity.
Evolution of the EU
- Initially a loose trade and economic cooperative among six countries in the 1950s.
- By the 1970s, it had expanded to a common market enabling the free movement of
people, goods, and services.
- Political cooperation increased within the European Economic Community
(EEC). As the EEC prospered, it attracted interest from non-member states.
- The EEC became the European Union (EU), formalized in 1993.
- By 2013, the EU had grown to 28 member states.
- The 2004 enlargement was the largest, symbolically important, adding ten
new members.
Foreign Policy and Security
- EU foreign policy integration has been slow compared to economic and trade
matters. Foreign policy coordination began in 1970.
- Common Foreign and Security Policy (CFSP)
- Adopted in 1993, marking a more formal approach to EU foreign policy.
- Gained significance on the EU agenda over time.
- 2009 Lisbon Treaty
- Created the position of High Representative/Vice-President of the
Commission (HR/VP) to lead foreign policy.
- Replaced the rotating presidency of Member States in foreign policy matters.
- Despite this, foreign policy decision-making remains dominated by national
governments.
Key EU Institutions in Foreign Policy
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