The European Union today represents undeniably one of the most unusual yet comprehensible political actors in the in the international system. Since the early wake of the 1950s, its capacity has gradually expanded to encompass foreign policy initiatives, ranging from a vast array of foreign policy tools including economic, diplomatic, and now to a very limited extent military operations related to peacekeeping and peace enforcement. This capacity, however, was neither included in the original Treaty of Rome, nor was it predicted by the many observers of European integration. Indeed, when the Treaty establishing the European Economic Community (EEC) was first signed in 1957, the predominant political philosophy held at the time was driven by the deduction that European market integration would bring untrammelled economic growth and prosperity to the region, and that consequently armed conflict which had evidently plagued the European continent for over half a century prior to the conclusion of the Second World War, would become an event of the past. Certainly at this time, no mention was given to the fact that European economic strength should and would translate over into greater foreign policy influence in the international system. While admittedly there were attempts to create a European foreign policy involving the member states of the European Community (EC) which had predated the EEC under the Treaty of Rome, namely the Gasperi initiative of 1952. 1 Such attempts would accompany the ill-fated endeavour to create a European Defence Community under the original six members of the ECSC which had blatantly floundered. Indeed, member states of the EC would have to wait until the 1970s before they could engage in a process of foreign policy cooperation under the European Political Cooperation (EPC) of 1970, in of which, would subsequently become legalized under the Single European Act of 1987. New threats and new requirements concomitant to the rapid geopolitical changes that had transpired from post-Cold War disarticulation would ultimately abet the EPC to elapse under the ratification of the Maastricht Treaty (TEU). Entering into force on November 1, 1993, the TEU provided the EU with new and enhanced competencies, one of which would be the Common Foreign and Security Policy (CFSP) which would be representative of the second intergovernmental pillar of the EU's architecture. [...]
Table of Contents
1. Introduction
2. The legalization of European foreign policy
3. From the emergence of the EPC to the SEA: European foreign policy as a legal regime
3.A. Evolution of European Political Cooperation
3.B. The Single European Act
4. The Treaty of Maastricht and the establishment of CFSP
5. The Amsterdam Treaty and reform of CFSP
6. CFSP provisions under the Treaty of Nice
7. The possibility of future CFSP reform: the Constitutional Treaty
8. Conclusion
Research Objectives and Themes
This paper examines the evolutionary process of the European Union's Common Foreign and Security Policy (CFSP), analyzing how successive treaty amendments have gradually legalized and enhanced the EU's capacity for collective foreign action from its origins in European Political Cooperation to the proposed Constitutional Treaty.
- The historical development and legalization of European foreign policy.
- The transition from informal intergovernmental cooperation (EPC) to treaty-based structures.
- The role of key treaties (Maastricht, Amsterdam, Nice) in shaping CFSP competencies.
- Institutional challenges and the influence of member state sovereignty on decision-making.
- Future prospects for policy coherence and the role of the Constitutional Treaty.
Excerpt from the Book
2. The legalization of European foreign policy
Before analyzing the historical development of the CFSP, it is perhaps imperative that we draw upon the core assumptions underlying the framework of legalization. Michael E. Smith defines legalization as a process whereby the rules and or standards of behaviour in a given social setting are 1) explicity clarified (usually by written expression); 2) codified; and 3) invested in the status of law, which fittingly involves legal rights and obligations toward other social actors. Legalization also involves standards which are a particular type of institutionalization that can involve more general expectations of behaviour to develop. In other words, all legal systems involve some degree of institutionalization, as they create expectations, but not all institutions are legal in terms of establishing obligations. Accordingly, this distinction becomes significant when one observes the process of EU foreign policy legalization which has essentially taken two underlying forms: customary law and treaty law.
Summary of Chapters
1. Introduction: Outlines the historical context and the gradual expansion of the European Union's role as an international actor, establishing the research focus on the evolution of its foreign policy.
2. The legalization of European foreign policy: Establishes the theoretical framework of legalization and distinguishes between the development of customary and treaty-based law in EU foreign affairs.
3. From the emergence of the EPC to the SEA: European foreign policy as a legal regime: Examines the origins of foreign policy cooperation in the 1970s and its formalization through the Single European Act.
4. The Treaty of Maastricht and the establishment of CFSP: Analyzes the creation of the CFSP as the second pillar of the EU and its initial institutional structure.
5. The Amsterdam Treaty and reform of CFSP: Discusses institutional adjustments and the introduction of new instruments aimed at improving decision-making efficiency.
6. CFSP provisions under the Treaty of Nice: Reviews efforts to overcome previous inadequacies through innovations like the Political and Security Committee and enhanced cooperation.
7. The possibility of future CFSP reform: the Constitutional Treaty: Investigates proposed reforms under the Constitutional Treaty to improve coherence and representativeness.
8. Conclusion: Summarizes the progress and persistent challenges of the EU’s journey toward a common foreign policy.
Keywords
European Union, Common Foreign and Security Policy, CFSP, European Political Cooperation, Legalization, Treaty of Maastricht, Single European Act, Amsterdam Treaty, Treaty of Nice, Constitutional Treaty, Intergovernmentalism, Foreign Policy, Institutional Reform, European Integration, Sovereignty.
Frequently Asked Questions
What is the primary objective of this research paper?
The paper aims to analyze how European foreign policy has developed and become increasingly legalized through a sequence of treaty amendments, transforming from informal coordination into a structured policy framework.
What is the central focus of the work?
The work focuses on the institutional evolution of the Common Foreign and Security Policy (CFSP) and the mechanisms of its legalization within the European Union's framework.
How is the EU’s foreign policy development categorized?
The author categorizes the development into two distinct forms: the maturation of customary law through informal cooperation and the formalization of treaty law through institutional agreements.
What methodology does the paper employ?
The paper utilizes a historical-institutional analysis, tracing the progression of EU foreign policy from the Davignon report in 1970 through the major amending treaties up to the 2004 draft Constitutional Treaty.
What aspects of the CFSP are covered in the main body?
The main body covers the shift from the EPC to the Single European Act, the formal establishment of the CFSP under the Maastricht Treaty, and subsequent reforms introduced by the Amsterdam and Nice Treaties.
Which keywords best characterize this research?
Key terms include CFSP, European Union, legalization, treaty reform, intergovernmentalism, and foreign policy cooperation.
What role does the "High Representative" play in this context?
The High Representative was introduced to improve the representation of EU foreign policies and to assist the Council in the preparation and implementation of foreign policy decisions.
How did the Amsterdam Treaty attempt to improve decision-making?
It introduced the qualified majority rule as a more constructive alternative to the traditional requirement of unanimity, particularly for common strategies defined by the Union.
- Quote paper
- Susanne Taron (Author), 2006, The Amending Treaties - Creating a Common Foreign and Security Policy for Europe, Munich, GRIN Verlag, https://www.grin.com/document/64595
