Facing the Challenge of Multiple Security Threats
Edited by Antonina Bakardjieva Engelbrekt, Anna Michalski, Niklas Nilsson and Lars Oxelheim
Chapter 3: After Lisbon: the new legal framework for the EU’s Common Foreign and Security Policy
The chapter examines the new legal elements in the European Union (EU) Lisbon Treaty in the field of foreign and security policy, as well as the (not fully so new) overarching legal and institutional structures for policy creation. Three legal innovations made their appearance with the Lisbon Treaty. First, the position of High Representative of the Union for Foreign Affairs and Security Policy was established, and the European External Action Service (EEAS) was formed – the task of which is to assist the High Representative. Second, the EU was empowered to impose sanctions not just against other countries (as earlier), but against individuals and non-state entities as well. Third, a mutual defence clause among the Union’s Member States was introduced. In other respects, where foreign affairs and security policy are concerned, the Lisbon Treaty did little but rearrange already existing provisions. The field remains fundamentally intergovernmental, but should the EU Member States agree on a legally deeper and thus more common policy there are few limits to how far the cooperation may reach. Most importantly, Member States should continue talking for the sake of European and international peace.
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