Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-xtgtn Total loading time: 0 Render date: 2024-04-22T16:22:04.087Z Has data issue: false hasContentIssue false
This chapter is part of a book that is no longer available to purchase from Cambridge Core

12 - Common Security and Defence Policy

Bart Van Vooren
Affiliation:
ALTIUS, Brussels
Ramses A. Wessel
Affiliation:
University of Twente, Enschede, The Netherlands
Get access

Summary

Central issues

  • For almost fifty years, security and defence cooperation was excluded from the EU and in fact enjoyed ‘taboo status’. Member States were hesitant to hand over powers in this sensitive area to the ‘supranational’ EC and many preferred to give priority to cooperation in NATO. Yet, since the beginning of the third millennium, CSDP has developed into a fully fledged policy, as part of the CFSP (see Chapter 11), but increasingly as a stand-alone policy field with its own rules, procedures and bodies.

  • This chapter will address decision-making in CSDP as well as the role of the institutions and the available legal instruments. We will also go back in time to trace the origins of CSDP, in order to explain its current nature. Over twenty-five missions have been established since the creation of CSDP, and in this chapter we will look at the different types of missions as well as at their (international) legal ramifications.

  • Introduction

    In the previous chapter we referred to the origins of the Union’s foreign, security and defence policy. As we have seen, during the 1950s and 1960s far-reaching proposals were tabled to establish a common defence policy with supranational features. These proposals were never accepted, and a security and defence policy developed partly as part of the CFSP and partly autonomously. Over the last decade, the EU has launched over twenty-five civilian missions and military operations on three continents deployed in response to crises, ranging from post-tsunami peace-building in Aceh, to protecting refugees in Chad, to fighting against piracy in and around Somalian waters. The CSDP has developed into a major policy area in EU external relations. Like CFSP, it is formed on the basis of specific rules and procedures, but at the same time we have witnessed a development from a largely intergovernmental policy area to a ‘Brussels-based’ cooperation in which EU preparatory organs play a leading role.

    Type
    Chapter
    Information
    EU External Relations Law
    Text, Cases and Materials
    , pp. 400 - 437
    Publisher: Cambridge University Press
    Print publication year: 2014

    Access options

    Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

    References

    Akehurst, M., ‘Enforcement Actions by Regional Organizations with Special Reference to the Organization of American States’ (1967) 42 British Yearbook of International Law 175–227.Google Scholar
    Biscop, S., ‘Permanent Structured Cooperation and the Future of the ESDP: Transformation and Integration’ (2008) 13 European Foreign Affairs Review, 431–448.CrossRefGoogle Scholar
    Biscop, S., The European Security Strategy – A Global Agenda for Positive Power (Aldershot: Ashgate Publishing, 2005).Google Scholar
    Blockmans, S., Wouters, J. and Ruys, T. (eds.), The European Union and Peacebuilding: Policy and Legal Aspects (The Hague: T.M.C. Asser Press, 2010).CrossRefGoogle Scholar
    Blockmans, S. and Wessel, R. A., ‘The European Union and Peaceful Settlement of Disputes in its Neighbourhood: The Emergence of a New Regional Security Actor?’, in Antoniadis, A., Schütze, R. and Spaventa, E. (eds.), The European Union and Global Emergencies: A Law and Policy Analysis (Oxford: Hart Publishing, 2011), pp. 73–103.Google Scholar
    Bloed, A. and Wessel, R. A. (eds.), The Changing Functions of the Western European Union (WEU): Introduction and Basic Documents (Dordrecht: Martinus Nijhoff Publishers, 1994), document no. 28.Google Scholar
    De Wijk, R., ‘Convergence Criteria: Measuring Input or Output’ (2000) 5 European Foreign Affairs Review 397–417.CrossRefGoogle Scholar
    Duke, S., ‘Peculiarities in the Institutionalisation of CFSP and ESDP’, in Blockmans, S. (ed.), The European Union and Crisis Management: Policy and Legal Aspects (The Hague: T.M.C. Asser Press, 2008), pp. 75–105.CrossRefGoogle Scholar
    Glière, C., EU Security and Defence: Core Documents 2007 (Vol. VIII) (Paris: EUISS, Chaillot Paper No. 112, 2008).Google Scholar
    Hazelzet, H., ‘Common Security and Defence Policy: What Nexus between Human Rights and Security?’, in Sari, A. and Wessel, R. A. (eds.), Human Rights in EU Crisis Management Operations: A Duty to Respect and to Protect? (The Hague: CLEER Working Paper series 2012/6).Google Scholar
    Hill, C., ‘Closing the Capabilities–Expectations Gap?’, in Peterson, J. and Sjursen, H. (eds.), A Common Foreign Policy for Europe: Competing Visions of the CFSP (London: Routledge, 1998), pp. 18–38.Google Scholar
    Hill, C., ‘The Capability–Expectations Gap, or Conceptualising Europe’s International Role’ (1993) 31 Journal of Common Market Studies 305–328.CrossRefGoogle Scholar
    Hoffmeister, F., ‘Inter-Pillar Coherence in the EU’s Civilian Crisis Management’, in Blockmans, S. (ed.), The European Union and Crisis Management: Policy and Legal Aspects (The Hague: T.M.C. Asser Press, 2008), pp. 157–180.CrossRefGoogle Scholar
    Juncos, A. E. and Reynolds, C., ‘The Political and Security Committee: Governing in the Shadow’ (2007) 12 European Foreign Affairs Review 127–147.CrossRefGoogle Scholar
    Koutrakos, P., ‘International Agreements in the Area of the EU’s Common Security and Defence Policy’, in Cannizzaro, E., Palchetti, P. and Wessel, R. A. (eds.), International Law as Law of the European Union (Boston/Leiden: Martinus Nijhoff Publishers, 2011), pp. 157–187.Google Scholar
    Koutrakos, P., ‘Security and Defence Policy within the Context of EU External Relations: Issues of Coherence, Consistency and Effectiveness’, in Trybus, M. and White, N. D. (eds.), European Security Law (Oxford: Oxford University Press, 2007), pp. 249–269.CrossRefGoogle Scholar
    Koutrakos, P., The EU Common Security and Defence Policy (Oxford: Oxford University Press, 2013).CrossRefGoogle Scholar
    Laursen, F. and Vanhoonacker, S. (eds.), The Intergovernmental Conference on Political Union: Institutional Reforms, New Policies and International Identity of the European Community (Maastricht: EIPA, 1992).Google Scholar
    McGivern, L., ‘Has Operation Atalanta Changed Global Perceptions of the EU as a Military Force?’ (Unpublished paper, 2010).Google Scholar
    Naert, F. ‘ESDP in Practice: Increasingly Varied and Ambitious EU Security and Defence Operations’, in Trybus, M. and White, N. D. (eds.), European Security Law (Oxford: Oxford University Press, 2007), pp. 61–101.CrossRefGoogle Scholar
    Naert, F., ‘The Application of International Humanitarian Law and Human Rights Law in CSDP Operations’, in Cannizzaro, E., Palchetti, P. and Wessel, R. A. (eds.), International Law as Law of the European Union (Boston/Leiden: Martinus Nijhoff Publishers, 2011), pp. 189–212.Google Scholar
    Remacle, E., ‘La Politique Étrangère et de Sécurité Commune de l’Union Européenne après Maastricht’, in Telò, M. (ed.), Vers une Nouvelle Europe? (Brussels: Editions de l’Université de Bruxelles, 1992), pp. 239–252.Google Scholar
    Sari, A., ‘Status of Forces and Status of Mission Agreements under the ESDP: The EU’s Evolving Practice’ (2008) 19 European Journal of International Law 67–100.CrossRefGoogle Scholar
    Sari, A. and Wessel, R. A. (eds.), Human Rights in EU Crisis Management Operations: A Duty to Respect and to Protect? (The Hague: CLEER Working Paper series 2012/6).Google Scholar
    Trybus, M., ‘The Vision of the European Defence Community and a Common Defence for the European Union’, in Trybus, M. and White, N. D. (eds.), European Security Law (Oxford: Oxford University Press, 2007), pp. 13–42.CrossRefGoogle Scholar
    Tsagourias, N., ‘EU Peacekeeping Operations: Legal and Theoretical Issues’, in Trybus, M. and White, N. D. (eds.), European Security Law (Oxford: Oxford University Press, 2007), pp. 102–133.CrossRefGoogle Scholar
    Van Eekelen, W. and Blockmans, S., ‘European Crisis Management avant la lettre’, in Blockmans, S. (ed.), The European Union and Crisis Management: Policy and Legal Aspects (The Hague: T.M.C. Asser Press, 2008), pp. 37–52.CrossRefGoogle Scholar
    Wessel, R. A., ‘The EU as Black Widow: Devouring the WEU to Give Birth to a European Security and Defence Policy’, in Kronenberger, V. (ed.), The European Union and the International Legal Order – Discord or Harmony? (The Hague: T.M.C. Asser Press, 2001), pp. 405–434.CrossRefGoogle Scholar
    Wessel, R. A., ‘The State of Affairs in European Security and Defence Policy: The Breakthrough in the Treaty of Nice’ (2003) 8 Journal of Conflict and Security Law 265–288.CrossRefGoogle Scholar
    White, N. D., ‘The EU as Regional Security Actor within the International Legal Order’, in Trybus, M. and White, N. D. (eds.), European Security Law (Oxford: Oxford University Press, 2007), pp. 329–349.CrossRefGoogle Scholar
    Wouters, J. and Ruys, T., ‘UN–EU Cooperation in Crisis Management: Partnership or Rhetoric?’, in Blockmans, S. (ed.), The European Union and Crisis Management: Policy and Legal Aspects (The Hague: T.M.C. Asser Press, 2008), pp. 215–232.CrossRefGoogle Scholar
    Laursen, F. and Vanhoonacker, S. (eds.), The Intergovernmental Conference on Political Union: Institutional Reforms, New Policies and International Identity of the European Community (Maastricht: EIPA, 1992), pp. 358 and 407.Google Scholar
    Biscop, S., ‘Permanent Structured Cooperation and the Future of the ESDP: Transformation and Integration’ (2008) 13 European Foreign Affairs Review, 431–448.CrossRefGoogle Scholar
    Remacle, E., ‘La Politique Étrangère et de Sécurité Commune de l’Union Européenne après Maastricht’, in Telò, M. (ed.), Vers une Nouvelle Europe? (Brussels: Editions de l’Université de Bruxelles, 1992), pp. 239–252 at 242.Google Scholar
    Bloed, A. and Wessel, R. A. (eds.), The Changing Functions of the Western European Union (WEU): Introduction and Basic Documents (Dordrecht: Martinus Nijhoff Publishers, 1994)Google Scholar
    van Eekelen, W. and Blockmans, S., ‘European Crisis Management avant la lettre’, in Blockmans, (ed.), The European Union and Crisis Management: Policy and Legal Aspects (The Hague: T.M.C. Asser Press, 2008), pp. 37–52 at 45.CrossRefGoogle Scholar
    Hill, C., ‘The Capability–Expectations Gap, or Conceptualising Europe’s International Role’ (1993) 31 Journal of Common Market Studies 305–328CrossRefGoogle Scholar
    Hill, , ‘Closing the Capabilities–Expectations Gap?’, in Peterson, J. and Sjursen, H. (eds.), A Common Foreign Policy for Europe: Competing Visions of the CFSP (London: Routledge, 1998), pp. 18–38.Google Scholar
    Glière, C., EU Security and Defence: Core Documents 2007 (Vol. VIII) (Paris: EUISS, Chaillot Paper No. 112, 2008).Google Scholar
    Blockmans, and Wessel, , ‘The European Union and Peaceful Settlement of Disputes in its Neighbourhood: The Emergence of a New Regional Security Actor?’, in Antoniadis, A., Schütze, R. and Spaventa, E. (eds.), The European Union and Global Emergencies: A Law and Policy Analysis (Oxford: Hart Publishing, 2011), pp. 73–103.Google Scholar
    Naert, F., ‘The Application of International Humanitarian Law and Human Rights Law in CSDP Operations’, in Cannizzaro, E., Palchetti, P. and Wessel, (eds.), International Law as Law of the European Union (Boston/Leiden: Martinus Nijhoff Publishers, 2011), pp. 189–212.Google Scholar
    Sari, A. and Wessel, (eds.), Human Rights in EU Crisis Management Operations: A Duty to Respect and to Protect? (The Hague: CLEER Working Paper series 2012/6).Google Scholar
    Akehurst, M., ‘Enforcement Actions by Regional Organizations with Special Reference to the Organization of American States’ (1967) 42 British Yearbook of International Law 177.Google Scholar
    White, N. D., ‘The EU as Regional Security Actor within the International Legal Order’, in Trybus, M. and White, (eds.), European Security Law (Oxford: Oxford University Press, 2007), pp. 329–349.CrossRefGoogle Scholar

    Save book to Kindle

    To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

    Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

    Find out more about the Kindle Personal Document Service.

    Available formats
    ×

    Save book to Dropbox

    To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

    Available formats
    ×

    Save book to Google Drive

    To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

    Available formats
    ×