scholarly journals Conceptualization of Restrictive Measures Policy in the Context of European Security Issues: New Approaches

2021 ◽  
Vol 107 (7) ◽  
pp. 72-83
Author(s):  
Adel Abdullin ◽  
◽  
Maria Keshner ◽  
Keyword(s):  
Security Policy ◽  
Shared Responsibility ◽  
The European Union ◽  
European Security ◽  
Ability To Act ◽  
The World ◽  
Foreign And Security Policy ◽  
International Responsibility ◽  
Restrictive Measures ◽  
The Eu

The changing international situation and growing external challenges have given a new impetus to the further development of the Foreign and Security Policy of the EU. Promoting European interests and values on the world stage and enhancing the EU's ability to act autonomously are among the significant directions of the new strategic agenda of the European Union for 2019‒2024. One of the important foreign policy instruments in the EU's arsenal are restrictive measures against states, individuals and organizations (in the broadest sense). The aim of the study is the processes of conceptualization of the European policy of the application of restrictive measures: the formation of the regulatory framework and the implementation mechanism, taking into account the modern realities of the international and European legal order, in combination with the accumulated doctrinal resources and elements of the progressive development of the law of international responsibility. It is noted that it is in the EU space that the doctrinal potential is being formed, catalyzing the process of diversifying the formats of normative regulation in the sphere of implementing international responsibility. As a result of the study, the authors test the hypothesis that the following substantive components of the noted conceptualization processes correspond to the tasks of “autonomization” of the EU foreign and security policy and “a stronger Europe in the world”: countermeasures of third states; jurisdictional countermeasures; shared responsibility.

scholarly journals Pursuing European Strategic Autonomy: Up-to-date Results

2021 ◽  
Vol 107 (7) ◽  
pp. 115-124
Author(s):  
Julia Melnikova ◽  
Keyword(s):  
Collective Identity ◽  
Security Policy ◽  
Structural Changes ◽  
The European Union ◽  
European Security ◽  
Whole Process ◽  
Foreign And Security Policy ◽  
New Institutions ◽  
Strategic Autonomy ◽  
The Eu

2016–2020 witnessed significant structural changes in the foreign and security policy of the European Union. External factors encouraged the need to strengthen the EU strategic autonomy not only in the form of particular practical moves related to the establishment and development of new institutions, but also as part of an attempt to formulate a new common discourse. The article examines these processes through the security communities theory, traditionally applied to analyze transatlantic dynamics. This helps to both systemically address the recent changes and identify miscalculations and missing elements in framing the European security community. Since the 2020 PESCO Strategic Review to a certain extent summed up the initial phase of development of the central initiative of the whole process, the article analyzes the so far achieved results in setting up the new agenda for the EU and the prospects of translating it into joint practices. The main assumption posits that the key obstacle for enhancing strategic autonomy is the need to use a collective identity - both a tool for developing institutions and a goal of this process. As a result, neither a new collective identity, nor a functional network of institutions have been built, leaving the EU unprepared to bring the idea of strategic autonomy further.

The European Union security policy

2020 ◽  
pp. 80-86
Author(s):  
Ivanna Maryniv
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Security Policy ◽  
The European Union ◽  
Member States ◽  
The World ◽  
Foreign And Security Policy ◽  
Institutional Mechanism ◽  
The Eu

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.

scholarly journals The Court of Justice of the European Union and the autonomous restrictive measures against natural and legal persons and non-state entities within the EU common foreign and security policy

2021 ◽  
Vol 60 (91) ◽  
pp. 117-139
Author(s):  
Boris Tučić
Keyword(s):  
European Union ◽  
Security Policy ◽  
General Relation ◽  
Supporting Evidence ◽  
The European Union ◽  
Court Of Justice ◽  
Foreign And Security Policy ◽  
The One ◽  
Restrictive Measures ◽  
The Eu

As a part of its specific policies, the EU creates and implements numerous restrictive measures against different subjects. In recent years, the most interesting ones, especially from the perspective of the Court of Justice of the European Union (CJEU), have been the autonomous restrictive measures against natural and legal persons and other non-state entities within the Union`s Common Foreign and Security Policy (CFSP). After years of legal wandering in this regard, the Lisbon Treaty finally offered an explicit legal basis for this kind of measures, envisaging, as well, for the first time, the CJEU`s jurisdiction in the field of CFSP in some cases, including the one related to reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council of the EU on the basis of Chapter 2 of Title V of the Treaty of the European Union. In this regard, the subject matter of this paper are the activities of the EU courts related to the autonomous restrictive measures against individual subjects, analyzed at several relevant although inseparable levels. The first one considers the intention of the CJEU to "use" the situation regarding the autonomous restrictive measures in order to strengthen its position and competences within the CFSP. The second one is oriented to the efforts of the courts to secure the balance between the effectiveness of the CFSP instruments, on the one hand, and the protection of some of the major principles and values of the EU legal order, on the other hand, such as the rule of law, legal certainty, effective judicial protection or the protection of human rights as guaranteed by the EU Law in general. Thirdly, a very important step in this context has been the jurisprudential identification of the key procedural requirements that the Council`s decisions providing for restrictive measures must fulfill as well (aka the designation criteria, statements of reasons criteria and supporting evidence criteria). By constantly insisting on the fulfillment of these criteria, the EU courts exerted a pressure on the Council to improve its decisions providing restrictive measures in a qualitative manner. Recent jurisprudence, such as the Rosneft or Bank Refah Kargaran cases, shows that there is still enough space for the Court`s interventions in this field, and that some interesting Court`s decisions, related to its position within the CFSP or the general relation between the CFSP and other forms of Union`s external activities, could be expected in the years to come.

scholarly journals The EU Battlegroups (EUBGs) – a successful story or a paper tiger?

2013 ◽  
Vol 19 (68) ◽  
pp. 106-127
Author(s):  
Beatrica Šmaguc
Keyword(s):  
Significant Role ◽  
Security Policy ◽  
Added Value ◽  
European Security ◽  
Member States ◽  
Defence Policy ◽  
The World ◽  
Foreign And Security Policy ◽  
The Common ◽  
The Eu

Abstract After decades of reliance upon NATO in security matters, the EU ought to develop security assets of its own in order to protect its interests and citizens. The Common Foreign and Security Policy as an expression of EU readiness and willingness to play a more significant role in security matters on the international stage led to the creation of the European Security and Defence Policy, thus putting at the EU’s disposal civilian and military capabilities for dealing with the crisis spots around the world. The EUBG concept originated with the first member states’ pledges in November 2004 which gave added value to the EU in the security and defence area, at least on paper, while so far no EUBG has been deployed in the theatre of operations.

scholarly journals Restrictive measures - sanctions compliance, implementation and judicial review challenges in the common foreign and security policy of the European Union

ERA Forum ◽  
2021 ◽  
Vol 22 (1) ◽  
pp. 159-181
Author(s):  
Nadia Zelyova
Keyword(s):  
Judicial Review ◽  
Security Policy ◽  
Case Law ◽  
The European Union ◽  
Comprehensive Overview ◽  
Legal Evolution ◽  
Foreign And Security Policy ◽  
The Common ◽  
Restrictive Measures ◽  
The Eu

AbstractThis article provides a comprehensive overview of EU restrictive measures applicable within the EU, the competences and legal evolution which lead to the implementation of Common Foreign and Security Policy restrictive measures (CFSP sanctions), and considers procedural issues, developments in the latest case law, and the challenges of securing compliance with EU sanctions, which reach beyond the territory of the EU.

scholarly journals An overview of the Foreign and Security Policy of the European Union

sjesr ◽  
2020 ◽  
Vol 3 (4) ◽  
pp. 394-399
Author(s):  
Dr. Muhammad Tariq ◽  
Amjad Ali Khan ◽  
Ejaz Khan
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Security Policy ◽  
The European Union ◽  
Security Strategy ◽  
Defense Strategy ◽  
The World ◽  
Foreign And Security Policy ◽  
The Common ◽  
The Eu

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.

scholarly journals EU SECURITY & DEFENSE POLICY: THE EVOLUTION OF FORMATION

2020 ◽  
Keyword(s):  
European Union ◽  
Security Policy ◽  
Defense Policy ◽  
The European Union ◽  
European Security ◽  
Short Period ◽  
Foreign And Security Policy ◽  
The Common ◽  
The Eu ◽  
Common Security

The task of building an effective security architecture facing the European Union is extremely important in that the approach to its solution will determine the nature of the relations between the countries in the region in the future. An analysis of the processes of building a common security and defense policy (EUSR) of the EU is impossible without addressing the interrelated problems: security in the EU with the European Union's place in the Euro-Atlantic processes and in the world at large. The development of the SPBO has a significant impact on all countries of Central and Eastern Europe, including Ukraine, which explains the relevance of its further study by national science. Until the scientific and legal literature has addressed the issue of forming and developing a common security and defense policy in the EU. In many ways, this is explained by the relatively short period of existence of the ESDC as a phenomenon, with the result that, in most cases, the study focused on considering the formation, rather than the functioning, of the ESDC mechanisms designed to prepare the EU component for further work. First of all, we are referring to studies on various aspects of the history and current activities of the European Union. In addition, the authors analyze the common issues of European security: from the problems of building security models for Europe to issues related to the activities of European regional military-political organizations on the security and interaction of European and US countries in the field of the common security and defense policy of the EU. Other authors have considered some aspects in the process of becoming an EU Security Council. However, the existing work does not allow for a holistic picture of the process of forming and developing a common foreign and security policy of the EU, in turn, the continued development of a common foreign and security policy of the EU necessitates the development of new aspects of identified issues and generalizations. In this article, the author focuses on highlighting the main stages of the EUSF formation and its importance for the effective functioning of the EU as a whole. There are four main stages in the development of the common security and defense policy: the first stage (1992-1997) is the signing of the Maastricht and Amsterdam Treaties; the second stage (1998-2002), when the EU declared its intention to form an ESDP in Saint-Malo (1998), as well as the decisions taken at the Cologne, Helsinki, Nice, Lachen summits; the third stage (since 2003), the Berlin Plus agreement was reached (March 2003). The Council of Europe adopted the first European Security Strategy (December 2003); and the final stage began with the entry into force of the Lisbon Treaty on 1 December 2009. Within this framework, the European Union is trying to adequately respond to some of the new challenges that emerge in the process of globalization, shaping European identity.

scholarly journals European Union in the new international surroundings

2008 ◽  
Vol 60 (2-3) ◽  
pp. 199-225 ◽  
Author(s):  
Dusko Lopandic
Keyword(s):  
European Union ◽  
International Relations ◽  
Security Policy ◽  
The European Union ◽  
European Security ◽  
Foreign And Security Policy ◽  
The Common ◽  
International Identity ◽  
The Eu

The author analyses the development of EU in the new international surroundings during the last decade, also exploring the development of the European Security and Defense Policy (ESDP). The first part treats the changes in international relations, the role of USA and the NATO evolution. With the changes in international relations that are characterized by the relative weakening of USA, the rise of the powers such as China and Russia as well as the process of globalization within the multipolar frameworks, the European Union and its members states are facing the problem of adjusting to the new conditions. The second part of the article overviews the EU development, its geostrategic priorities as well as the development of ESDP. In the last dozen of years, the Common Foreign and Security Policy and the ESDP development have gone through a dynamic evolution. The attempts of the EU countries to emancipate from USA and become a serious factor in international relations imply that it should strengthen its international identity, and the political and military components, in particular.

Development of European Union and joining perspective of Croatia

2007 ◽  
Vol 13 (2) ◽  
pp. 507-514
Author(s):  
Ivan Vuković
Keyword(s):  
European Union ◽  
Monetary Policy ◽  
Security Policy ◽  
Technological Development ◽  
Developed Countries ◽  
European Countries ◽  
The European Union ◽  
Demographic Development ◽  
The World ◽  
The Eu

In this paper we researched European Union starting with the Agreement from Maastrich from year 1992, even though the European Union has a long traditional history and its origin is founded on regulations of economical integrations in Europe beginning from the 1950’s through the Roman treaty from year 1957 and the forming of the European Union Committee in year 1965. Further we follow her expansion and introduction of the European economic and monetary policy, to last, the joining perspective of Croatia. According to the Agreement from Maastrich, European Union lies on three posts: 1) Legal-political and regulative post, 2) Economical post, where the forming of European economical and monetary policy is in the first plan, especially the introducing of Euro as the unique European currency, 3) Post of Mutual foreign security policy within European Union. In that context we need to highlight the research conducted here and in European Union, including the world, regarding development of European Union and its economical, legal, political and cultural, as well as foreign diplomatic results, which are all perspectives of European Union. All the scientists and researches which were involved in exploring the development of EU with its modern tendencies and development perspective, agree that extraordinary results are achieved regards to economical, legal, political, foreign-security and diplomatic views, even tough many repercussions exist in progress of some particular members and within the EU as a whole. The biggest controversy arises in the perspective and expanding of European Union regarding ratification of the Constitution of EU from particular country members, but especially after the referendum was refused from two European countries, France and Netherlands. According to some estimates, the Constitution of EU would have difficulty to be adopted in Switzerland and some other Scandinavian countries, but also in Great Britain and other very developed countries. However the European Community and European Union were developing and expanding towards third European countries, regardless of Constitutional non-existence, where we can assume that if and when the Constitution of EU will be ratified, the EU will further develop as one of the most modern communities. This will enable economical development, especially development of European business, unique European market and free trade of goods and services, market of financial capital and labour market in free movement of labour. Being that EU has become one of the most largest dominating markets in the world, it offers a possibility to all new members to divide labour by using modern knowledge and high technology which insure economical, social and political prosperity. This results to forming a society of European countries which will guarantee all rights and freedom of development for all nations and ethnic groups. As well as, all European countries with somewhat less sovereignty, but in international relations will be stronger and significant, not only in sense of economics, but also in politics and military diplomatic relations. Therefore, Croatia has no choice and perspective if she does not join the European Union till year 2010, but until than it needs to create its strategy of economical and scientific-technological development, including demographic development, which will insure equal progress of Croatia as an equal member of European Union.

scholarly journals Migration issues in the EU’s common foreign and security policy – selected aspects

2021 ◽  
pp. 43-59
Author(s):  
Tomasz Dubowski
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Security Policy ◽  
Migration Policy ◽  
External Action ◽  
The European Union ◽  
Eu Foreign Policy ◽  
Foreign And Security Policy ◽  
The Subject ◽  
The Eu

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.

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