Edited by Martin Trybus and Luca Rubini
Chapter 16: Towards a Common Defence? Legal Foundations after the Lisbon Treaty
JOBNAME: Trybus and Rubini PAGE: 1 SESS: 7 OUTPUT: Tue Apr 24 15:08:21 2012 16. Towards a common defence? Legal foundations after the Lisbon Treaty Erkki Aalto* 1. INTRODUCTION The Lisbon Treaty offers several new elements – such as the provisions on permanent structured cooperation and on mutual assistance – to the discussion on the European Union’s role in defence matters. The Lisbon Treaty also recognizes more clearly than before that a common defence is a possible outcome of European defence integration. So, has the Union taken new steps towards common defence? The Treaty on the European Union (TEU) describes a process towards a possible common defence.1 But what does common defence really mean in the EU context? One way of analysing the concept is to research how the Treaty presently regulates defence matters. Title V TEU is normally seen as the foundation for defence-related cooperation within the EU. However, this is not the only way the Union deals with defence matters. During the past ten years, a new kind of defence cooperation in the EU has emerged. This follows a different kind of logic than the intergovernmental one because it is based on the internal market aspects of defence. The thesis of this chapter is that EU defence cooperation is based on two pillars: ﬁrst, the development of the intergovernmental Common Security and Defence Policy (CSDP), and second, the creation of a supranational * The author is preparing a doctoral thesis on national security exemptions in EU law at the...
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