scholarly journals The Legalisation of European Union Foreign Policy and the Use of Sanctions

2015 ◽  
Vol 17 ◽  
pp. 287-310 ◽  
Author(s):  
Paul James CARDWELL

AbstractThis article explores the legalisation of the Common Foreign and Security Policy (CFSP) of the European Union (EU) and its increasing use of sanctions. It argues that the breadth and depth of the numerous sanctions regimes in place shows that EU foreign policy is not merely an aspiration but produces law and legal processes which share similarities with those in the rest of the EU’s legal order. Further, the article examines the extent to which non-EU Member States in Europe have aligned themselves with EU sanctions. The argument is made that this is evidence not only of Europeanisation, but also crucially of alegalisedforeign policy which has allowed Europe-wide, EU-led foreign policy to emerge.

Author(s):  
Hylke Dijkstra ◽  
Sophie Vanhoonacker

The member states of the European Union (EU) coordinate, define, and implement foreign policy in the context of the Common Foreign and Security Policy (CFSP). This policy area, often referred to as EU foreign policy, has a broad scope covering all areas of foreign policy and all questions relating to security and defense. The CFSP is supported by a unique institutional framework, in which member states diplomats and officials from the EU institutions jointly make policy. It is led by the High Representative, who is the “face and voice” of EU foreign policy, and supported by the substantial European External Action Service and 140 EU delegations in other countries and international organizations. Because foreign policy is normally the business of sovereign states, the exceptional nature of the CFSP has long been a subject of inquiry. The CFSP has particularly puzzled advocates of the traditional theories of European integration and international relations, who have failed to appreciate what the EU does in the field of high politics. Given the absence of formal diplomatic recognition and a strong reliance on the resources of the member states, the EU is still not a full-fledged actor, yet it has a strong international presence nonetheless. Its presence and the gradual increase in “actorness” have also raised questions about whether the EU presents a different type of actor, a civilian or normative power, which derives its influence from non-traditional sources of power. Under the assumption that the EU has some actorness, the Europeanization of foreign policy has become an area of interest. Member states can act through the EU structure to achieve more impact internationally, can adjust national foreign policy on the basis of EU positions, and are socialized into greater European coordination. The relationship between national and EU foreign policy is thus a significant topic of debate. Finally, governance perspectives increasingly provide insight into the organization of the CFSP. How the member states and the EU institutions collectively coordinate, define, and implement EU foreign policy is not only an important question in itself but also matters for policy outcomes.


2021 ◽  
pp. 43-59
Author(s):  
Tomasz Dubowski

In the discussion on the EU migration policy, it is impossible to evade the issue of the relation between this policy and the EU foreign policy, including EU common foreign and security policy. The subject of this study are selected links between migration issues and the CFSP of the European Union. The presented considerations aim to determine at what levels and in what ways the EU’s migration policy is taken into account in the space of the CFSP as a diplomatic and political (and subject to specific rules and procedures) substrate of the EU’s external action.


2000 ◽  
Vol 13 (2) ◽  
pp. 255-263
Author(s):  
Steven Blockmans

The 1999 Kosovo crisis has forced the European Union to finally give concrete form to its ambitions in the sphere of the common foreign and security policy. At a time when agreement on defence issues seems out of reach, the member states' focus is on the development of a crisis management capability. It is argued that when the Union's diplomatic structures are complemented with military and civilian crisis response tools, much needed balance will be given to the Union's persona as an economic giant and a political dwarf. The article includes a number of measures which should be taken with a view to reinforcing and extending the Union's external role in this field.


2020 ◽  
pp. 80-86
Author(s):  
Ivanna Maryniv

Problem setting. In spite of the presence of numerous conventions, treaties and organizations in the world today, the issue of security is still a very acute issue for the world community. There are many reasons for this: the presence of nuclear powers, serious disputes between countries that are justly considered world leaders, the existence of numerous local conflicts and wars of a more global nature across the globe. These and other factors are pushing states around the world to allocate budget funds to ensure effective security policies. Given today’s realities, one can trace the tendency of several countries to pool their own efforts and resources to pursue a common security policy. The European Union is one of the clearest examples of this behavior. This intergovernmental organization is committed to maintaining peace, diplomacy, trade and development around the world. The EU also promotes cooperation with neighboring countries through the European Neighborhood Policy. Target research. The aim of the research is to study the role of the European Union’s institutional mechanism in the exercise of its powers to ensure the defense and foreign policy cooperation of the Member States. Analysis of recent research and publication. Many domestic and foreign scholars, including B. Tonro, T. Christiansen, S. Morsch, G. Mackenstein, and others. The institutional basis of foreign and security policy is analyzed in detail by J. Peterson, questions related to the European Union’s security policy. M. Shackleton. K. Gill, M. Smith and others study the general features of the development of a common EU security policy. Some contribution to the study of various problems related to European and Euro-Atlantic integration has been made by such national scientists as V. Govorukh, I. Gritsyak, G. Nemyrya, L. Prokopenko, O. Rudik, V. Streltsov, O. Tragniuk, I. Shumlyaeva, I. Yakovyuk and others. Article’s main body. The article examines the emergence and development of the European Union’s security policy from the date of the Brussels Covenant to the present. Particular attention is paid to the role of the European Union’s institutional mechanism in the exercise of its powers to ensure the defense and foreign policy cooperation of the Member States. A study of the officially adopted five-year global foreign and security policy of the EU is being done to improve stability in Europe and beyond, analyzing EU conflict resolution and crisis management activities. Conclusions and prospect of development. In view of the above, it can be concluded that the EU’s foreign and security policy institutional framework is an extensive system in which all the constituencies are endowed with a certain range of general and specific powers and are called upon to cooperate with one another to achieve a common goal. It cannot be said that such close cooperation puts pressure on Member States. Yes, a Member State has the right to refrain from voting for any decision that requires unanimity and such abstention will not prevent the above decision being taken. In this case, the mechanism of so-called “constructive retention” is triggered: the abstaining country is not obliged to comply with the decision, however, accepts the fact that it is binding on other Member States and takes this into account when concluding treaties, which should not contradict the said decision.


2020 ◽  
pp. 39-58
Author(s):  
Laura C. Ferreira-Pereira ◽  

This article examines the legacy of the three Portuguese Presidencies of the Council of the European Union (1992, 2000 and 2007) in the framework of the Common Foreign and Security Policy (CFSP) and European Security and Defence Policy (ESDP). It places particular emphasis on the efforts undertaken by the national authorities to promote the EU’s global actorness as part of a strategy aimed at enhancing the country’s European credentials and international relevance. The study confirms the incremental prioritization of the CFSP/ESDP-related issues in the Portuguese EU presidencies’ agendas while concluding that, as a result of such tendency, one has witnessed the growing projection of Portugal’s vision of the European foreign policy.


Author(s):  
Liudmyla Adashys ◽  
Polina Trostianska

The article analyzes the stages of formation of the common foreign and security policy of the Eu-ropean Union. The main events and decisions of world leaders that influenced the formation of the general idea of the world community about the common foreign and security policy are considered. The paper focuses on the constant desire of the European community to agree on the creation of a single effective mechanism for a common foreign and security policy of the EU. Although, in the initial stages of integration, the countries of the «European six» failed to initiate integration in the defense and political spheres. Integration continued to develop in other areas, and European countries and their leaders took new steps to converge in the regulation of the common security policy. The positive and negative consequences of each step of the evolution and formation of the common foreign and security policy of the European Union, as well as the reaction of EU member states and other leading countries to them are highlighted. The current global events that have a significant impact on the mechanism of implementation of EU security policy are analyzed. The opinions of scientists and practitioners, European and world leaders on the implementation of common foreign and security policy are studied. It has been proved that Ukraine, as the leader of the Eastern Partnership, needs to improve its status, use security issues to work out joint decisions on a closer military partnership between it and the EU countries.


1997 ◽  
Vol 15 (3) ◽  
pp. 291-324 ◽  
Author(s):  
Martine Fouwels

The dispute between the European Union (EU) Member States which broke out over the EU resolution on human rights abuses in China during the 1997 session of the Commission on Human Rights (CHR) in Geneva focused attention on the Common Foreign and Security Policy (CFSP). The present article offers a comprehensive review of the functioning of this institution in the field of the promotion and protection of human rights since the coming into force of the Treaty on European Union in November 1993. 1


Res Publica ◽  
1996 ◽  
Vol 38 (3-4) ◽  
pp. 607-630
Author(s):  
Bart Kerremans

In 1995 the newly enlarged European Union has proved to be capable to handle its problems and to take decisions in a large array of issues. The EU tried to cope with unemployment, continued the preparation of the third stage of the Economic and Monetary Union, adopted its 1996 budget decisions relatively smoothly, and intensified its relations with different parts of the world. On the other hand however, enlargement itself is increasingly affecting the Union as it preparing itself for the upcoming accession of some of its Central European and Mediterranean neighbors. The northern member states look with some suspicion at the budgetary consequences and already show a lot of restraint in paying more to the EU-budget, for the sake of their southern counterparts. Some member states are looking for a balanced enlargement in which the eastern enlargement would be counterbalanced by a Mediterranean one, and for a balance in the financial support that is provided by the EU to third countries. The biggest issue is however, the institutional adaptation of the European Union to a new enlargement. The preparations of the 1996 Intergovernmental Conferencethat took place in 1995, have shown however, that this process will be a difficult one. With the 1995 enlargement, the European Union has increased the number ofmember states that perceive the process of European integration primarily as an economic one. This will make institutional adaptations more difficult and risks to paralyze the Common Foreign and Security Policy of the Union even more than it already did in the past few years. Stated differently, 1995 has left a number of question marks on the EU's future. Whether these will disappear soon, 1996 will show.


sjesr ◽  
2020 ◽  
Vol 3 (4) ◽  
pp. 394-399
Author(s):  
Dr. Muhammad Tariq ◽  
Amjad Ali Khan ◽  
Ejaz Khan

The European Union comprises 27 countries that aim at carving out a separate foreign and security policy for their unification and singleness. The whole union is a symbol of unity and cohesiveness for which the theory of bargain provides the basic framework.  This article focuses on the elements of the European Union's external policy, the principles and policy of the European Union, the foreign policy, security strategy, and the common foreign and security policy coupled with the defense strategy of the European Union. It also aims at describing the coherence and consensus of the EU on all important measures with particular reference to foreign and security policy and importance in the world as a global actor.


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