The Common Foreign and Security Policy of the European Union has been carried out in a rapidly changing policy and legal context. This book aims to explore a number of threads that underpin this context. In doing so, it will achieve the following objectives. First, it will analyse the intrinsic links (institutional, procedural, substantive) between the EU’s legal rules and procedures and the deeply politicized context within which these are applied in the evolving external action of the Union. Second, it will identify legal challenges to the implementation of an integrated approach to EU external action and to gauge their implications for both the legal and policy frameworks of the CFSP. Third, it will examine the extent to which the legal framework and practice in CFSP is governed by flexibility and contributes to the efficient and effective conduct of the Union’s external action. Finally, it will identify new trends emerging from the practice of CFSP.
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Joseph S. Szyliowicz and Luca Zamparini
War is a perennial feature in the lives of peoples; peace, by contrast, is an ideal. This chapter explores a number of the general features of the international law relating to war and peace, looking at, for example, the ‘juridicalisation’ of international law, the influence of political regimes, the questions raised by the use of force, and ‘psychological unilateralism’.
Antonina Bakardjieva Engelbrekt, Anna Michalski, Niklas Nilsson and Lars Oxelheim
The introductory chapter outlines the challenge presented to the European Union (EU) by an increasingly complex security environment, compounded by a diverse set of crises relating to migration, terrorism, war in the EU’s immediate vicinity, and the lingering danger of disintegration in the Eurozone. In order to put the book in context, the chapter explores the current crises and the challenge they pose to solidarity in the EU and, ultimately, to its internal cohesion. It also reviews what the EU can and should do to remain relevant as a crisis manager and sustain its credibility as a peace project. The chapter subsequently outlines nine central aspects of the crises facing the EU and policy recommendations to address them. In conclusion, the chapter argues that the EU needs to strengthen solidarity among its Member States by reforming the European asylum policy and to deepen cooperation between judicial and national security agencies. Most importantly, however, the EU needs to prioritize upholding the four freedoms that underpin it in order to remain legitimate in the eyes of its citizens.