Horizontal Consistency in the European Union External Action

Table of Contents

Introduction

1. The Concept of Consistency
1.1. Consistency as a Legal Obligation under the EU Law – a Multi-layered Concept
1.2. Horizontal versus Vertical Consistency

2. Consistency and the Development of the European Union’s External Action
2.1. External Action prior to the Treaty of Lisbon
European Political Cooperation
Treaty of Maastricht and the Introduction of the Common Foreign and Security Policy
Delimitation of Competences between Pillars
The “Unity Thesis” – Relationship between the EC and EU Legal Orders
Consistency in External Action prior to Lisbon
2.2. External Action after the Treaty of Lisbon
2.2.1. Institutional Innovations brought about by the Lisbon Treaty
The High Representative of the Union for Foreign Affairs and Security Policy
The President of the European Council
The European External Action Service
2.2.2. External Action and the Unity of the EU Legal Order
Single Legal Personality
The principles of primacy and direct effect
Delimitation between CFSP and Non-CFSP Policies
Court of Justice’s Task to Delineate between CFSP and Non-CFSP Foreign Policies
2.2.3. Components of European Union External Action
Consistency and Common Overarching Principles and Objectives of EU Foreign Policy
Common Foreign and Security Policy
Common Security and Defence Policy
Common Commercial Policy
Development Cooperation

3. Consistency in practice: Overlapping External Competences
Increasing interaction between different policy fields
European Neighbourhood Policy

4. The Duty of Consistency in EU External Action
4.1. Inter-institutional Consistency
4.2. Inter-policy Consistency

Conclusion