European Union Common and Security Defense Policy I. General introduction. Basic issues and concepts

General information about the course 42 hours: classroom 278 on Monday (h. 12,30-14,00) Wednesday (h. 11,00-12,30) Thursday (h. 9,00-10,30) – NO CLASS on THURSDAY 19 March. Class of Wednesday 1 April will be 3 hours long (11,00-13,30). The course is splitted in two parts: the first part taught by M. Arcari; the second part, from 13 to 24 April, will be taught by an external expert Antonio Tanca, Head of Co-Decision Unit, Directorate of General Political Question. Exams (regular sessions): 6 May, 17 June, 8 July, 29 July. A supplementary extraordinary session will be fixed during the course for students attending the class. Exams are oral. Recommended textbook: B. Van VOOREN, R.A. WESSEL, EU External Relations Law. Text, Cases and Materials, Cambridge University Press, Further readings and materials will be provided in class of through the e-learning platform Method: Seminarial, Discussion prompts, required or recommended readings and materials for discussion be circulated to students attending the class; students will also be required to prepare selected cases and to present them in the class

What is the subject-matter of the course? EU CSDP European Union Common Security and Defense Policy (EU CSDP) We can find a definition of CSDP in Art. 42, para. 1, of Treaty on European Union: «The Common security and Defence Policy shall be an integral part of the common foreign and security policy. It shall provide the Union with an operational capacity drawing on civilian and military assets. The Union may use them on mission outside the Union for peace-keeping, conflict prevention and streghtening international security in accordance with the principles of the United Nations Charter. (…)»

EU CSDP as an «integral part» of the EU Common Foreign and Security Policy Art. 24, para. 1, TUE: «The Union’s competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Union’s security, including the progressive framing of a common defence policy that might lead to a common defence. The common foreign and security policy is subject to specific rules and procedures. (…) The adoption of legislative acts shall be excluded. The common foreign and security policy shall be put into effect by the High Representative of the Union for Foreign Affairs and Security Policy and by Members States, in accordance with the Treaties. (…) The Court of Justice of the European Union shall not have jurisdiction with respect to these provisions (…)

Back to the origins of CSDP. The early failures 1.Treaty on European Defence Community (signed in Paris, 27 May 1952) Art. 1 «The High Contracting Parties institute among themselves a European Defence Community, supranational in character, consisting in common institutions, common armed forces and a common budget» Art. 2 « [The Treaty] shall ensure the security of the Member States against any aggression by participating in Western defense within the framework of the North Atlantic Treaty and by accomplishing the integration of the defense forces of the member States and the rational and economic utilization of their resources»

Back to the origins of CSDP. The development of the «intergovernmental» mode 2. European Political Cooperation Framed and articulated in three reports adopted by the meetings of the Foreign Affairs of the EC/EU members States and submitted to their respective Heads of State or Government: -Luxembourg Report (27 October 1970) - Copenaghen Report (23 July 1973) -London Report (13 October 1981)

Back to the origins of CSDP. The insertion in «primary» law with the SEA, 1986 The Single European Act (1986) Art. 30: «(a) The High Contracting Parties consider that closer co-operation on questions of European security would contribute in an essential way to the development of an European identity in external policy matters. They are ready to coordinate their position more closely on the political and economic aspects of security.

Back to the origins of CSDP. The insertion in «primary» law: the creation of the European Union and the «second pillar» with the Maastricht Treaty (1992) TITLE V PROVISIONS ON A COMMON FOREIGN AND SECURITY POLICY 2. The objectives of the common foreign and security policy shall be: - to safeguard the common values, fundamental interests and independence of the Union; - to strengthen the security of the Union and its Member States in all ways; - to preserve peace and strengthen international security, in accordance with the principles of the United Nations Charter as well as the principles of the Helsinki Final Act and the objectives of the Paris Charter; - to promote international cooperation; - to develop and consolidate democracy and the rule of law, and respect for human rights and fundamental freedoms. 3. The Union shall pursue these objectives: - by establishing systematic cooperation between Member States in the conduct of policy, in accordance with Article J.2; - by gradually implementing, in accordance with Article J.3, joint action in the areas in which the Member States have important interests in common. 4. The Member States shall support the Union's external and security policy actively and unreservedly in a spirit of loyalty and mutual solidarity. They shall refrain from any action which is contrary to the interests of the Union or likely to impair its effectiveness as a cohesive force in international relations. The Council shall ensure that these principles are complied with.