Our European Future: Charting a Progressive Course in the World by Maria João Rodrigues & François Balate

Author:Maria João Rodrigues & François Balate [Rodrigues, Maria João & Balate, François]
Language: eng
Format: epub
ISBN: 9781913019327
Google: hCd4zgEACAAJ
Publisher: London Publishing Partnership
Published: 2021-07-15T11:54:36+00:00

The European External Action and the EU constitutional system

By Diego Lopez Garrido

There is a paradox in the EU’s External Action. From a legal and constitutional perspective, we see a powerful External Action in the Lisbon Treaty. The treaty introduces two innovations: stable and unified representation and leadership; and a single procedure for negotiating international agreement. There are two solidarity clauses. Article 42.7 of the Treaty on European Union (TEU) reads:

If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with article 51 of the United Nations Charter. This shall not prejudice the specific character of the security and defence policy of certain Member States.

Article 222.2 of the Treaty on the Functioning of the European Union (TFEU) reads:

Should a Member State be the object of a terrorist attack or the victim of a natural or manmade disaster, the other Member States shall assist it at the request of its political authorities. To that end, the Member States shall coordinate between themselves in the Council.

The treaties clearly envisage a permanent structural cooperation.

Article 21.2 of the TEU says:

The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to:

safeguard its values, fundamental interest security, independence and integrity;

consolidate and support democracy, the rule of law, human rights and the principles of international law;

preserve peace, prevent conflicts and strengthen international security, in accordance with the principles of the Helsinki Final Act and with the aims of the Charter of Paris, including those relating to external borders;

foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty;

encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade;

help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development;

assist populations, countries and regions confronting natural or manmade disasters;

promote an international system based on stronger multilateral cooperation and good global governance.

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