This strongly interdisciplinary book provides a first tentative evaluation of the role that geopolitics plays in shaping the genesis and functioning of the law of EU Common Foreign and Security Policy (CFSP). It introduces the reader to the geopolitical context of the EU and of its main neighbours, as well as to the legal architecture of CFSP. The book then presents selected cases of the Union’s action (or inaction) in CFSP since 2009. These show the key argument of the book: the law of CFSP is not entirely fit for purposes as it does not reflect the geopolitical reality of the continent. The book reflects on such geopolitical reality as it results, in particular, from the 2004 EU enlargement, and comments upon three key issues of the CFSP legal framework: issues of coherence, accountability, and effectiveness. With its fusion of law and geopolitics, the book will be invaluable for students of EU foreign policy and EU external relations law.
Author(s): Luigi Lonardo
Publisher: Springer
Year: 2022
Language: English
Pages: 171
City: Cham
Foreword
Acknowledgments
Contents
About the Author
List of Abbreviations
List of Figures
Chapter 1: Introduction
1.1 Common Foreign and Security Policy
1.2 Law: The Constitutional Ambiguity of Common Foreign and Security Policy
1.3 Geopolitics
1.4 The Argument of This Book
1.5 Method
1.6 The Key Theme: Between Law and Geopolitics
1.7 The Plan of This Book
References
Part I: The Context
Chapter 2: The Geopolitical Context
2.1 Europe´s Geography
2.1.1 A Continent with No Eastern Frontier
2.1.2 Geopolitics of Energy and Raw Materials
2.1.3 Geopolitics of Demography
2.1.4 Geopolitics of Water
2.1.5 Geopolitics of Transports
2.2 History and Size of Member States
2.3 System of Alliances
2.4 The Bureaucratic Organisation
2.5 The Neighbourhood and Possible Future Enlargements
References
Chapter 3: The Legal Context
3.1 Introduction
3.2 Legal-Institutional History of EU Security and Defence
3.2.1 The European Defence Community
3.2.2 The European Political Cooperation
3.2.3 The Single European Act
3.2.4 The Maastricht Treaty
3.2.5 The Amsterdam Treaty
3.2.6 The Nice Treaty
3.2.7 The Lisbon Treaty
3.2.8 Main Institutional and Legal Developments in CFSP Since the Lisbon Treaty
3.3 The Constitutional Architecture of Common Foreign and Security Policy
3.3.1 Institutional Arrangements
3.3.2 Decision-Making
3.3.3 Objectives and Boundaries
3.3.4 Judicial Protection in Common Foreign and Security Policy
3.4 Conclusion
References
Part II: Common Foreign and Security Policy after Lisbon
Chapter 4: Restrictive Measures: Constitutional Issues, Classification, Judicial Review
4.1 Introduction
4.2 Constitutional Issues: Adoption, Secrecy, Effectiveness
4.2.1 Adoption
4.2.2 Secrecy
4.2.3 Effectiveness
4.3 The Types of Sanctions
4.3.1 Classification by Target: Country Sanctions and Individual Sanctions
4.3.2 Classification by Rationale: Anti-Terrorism, Counterproliferation Sanctions, Cybersanctions, Democratic Backsliding and ...
4.4 Judicial Review: The Role of the Court in CFSP
4.4.1 Procedural Avenues to Challenge CFSP Acts
4.4.1.1 Direct Actions: Article 263 TFEU
4.4.1.2 Preliminary References: Article 267 TFEU
4.4.1.3 Infringement Actions: Article 258 TFEU
4.4.2 Grounds of Review
4.4.2.1 The Boundaries of the Policy
4.4.2.2 Legality Control of Restrictive Measures: Article 275 TFEU
4.4.2.3 Other Provisions
4.4.3 Effects
4.4.3.1 Annulment
4.4.3.2 Non Contractual Liability
4.5 Conclusion
References
Chapter 5: Common Security and Defence Policy in Action
5.1 Introduction
5.2 Civilian Missions and Military Operations
5.2.1 The First Missions and Operations: The Pre-Lisbon Period
5.2.2 Narrative Overview of EU Missions and Operations Since Lisbon
5.2.3 Some Recurrent Key Issues
5.2.3.1 Horizontal Coherence
5.2.3.2 Assessing Performance
5.2.3.3 Budgetary Issues
5.2.3.4 Accountability
Legal Accountability
Other Forms of Accountability
5.3 Permanent Structured Cooperation
5.4 Other CSDP Tools
5.4.1 Qualified Security Guarantee (Art.42(7) TEU)
5.4.2 Solidarity Clause (Article 222 TFEU)
5.4.3 Missions by Only Some Member States (Article 44 TEU)
References
Chapter 6: The Silence of Foreign Policy
6.1 Introduction
6.2 The Theory
6.3 Decision Not to Act
6.4 Failure to Act
6.4.1 Libya
6.4.2 Ukraine 2014
6.5 Conclusion
References
Part III: The Key Themes
Chapter 7: Between Law and Geopolitics
7.1 Introduction
7.2 The Geopolitical Reality in Europe
7.2.1 The Need for Autonomy
7.2.2 The Need for a Political Border Where There Is No Geographical One: Enlargement as Foreign Policy to Secure Western Euro...
7.2.3 The Decline of the Sea: The Centre-Periphery Dynamic of Atlanticism and the Mediterranean
7.2.3.1 Atlanticism Outside the EU
7.2.3.2 The Shattered Sea
7.2.4 The Mismatch Between Geopolitics (2004 Enlargement) and Law (Lisbon)
7.3 The Reaction of CFSP
7.3.1 The Need for a Functional Constitution: Does Law Tend to Catch Up with Geopolitics?
7.3.2 Coherence
7.3.3 Accountability
7.3.4 Effectiveness
References
Chapter 8: Conclusions
References
