Westfälische Wilhelms-Universität Münster Prof. Dr. W. Woyke

1. The Common Foreign and Security Policy of the European Union Westfälische Wilhelms-Universität Münster Prof. Dr. W. Woyke

2. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 Prof. Dr. D THE DEVELOPMENT OF THE ESDP GB : „change“ ESDP civilian aspects Macedonia mission PÖRTSCHACH OCTOBER 1998 COLOGNE JUNE 1999 FEIRA JUNE 2000 LAEKEN DECEMBER 2001 ST. MALO DECEMBER 1998 HELSINKI DECEMBER 1999 NICE DECEMBER 2000 BRUSSELS OCTOBER 2002 European Headline Goal new institutions Franco-British Declaration 1998 1999 2000 2001

3. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 COUNCIL OF THE EUROPEAN UNION COUNCIL OF MINISTERS SECRETARY GENERAL AND HIGH REPRESENTATIVE FOR CFSP GENERAL AFFAIRES COUNCIL POLICY PLANNING & EARLY WARNING UNIT MILITARY STAFF (EUMS) CFSP/ESDP AFTER NICE EUROPEAN COUNCIL PRESIDENCY changes half-yearly PARLIAMENT COMMISSION (represented in the Council, the PSC and the CIVCOM) MILITARY COMMITTE (EUMC) military instructions COMMITTE FOR CIVILIAN ASPECTS OF CRISIS MANAGEMENT (CIVCOM) COMMITTE OF PERMANENT REPRESENTATIVES POLITICAL & SECURITY COMMITTE (PSC) recommandations

4. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 FINALITY DEBATE - CONVENTION - IGC DOCUMENTS: DECLARATION OF THE FUTURE LAEKEN DECLARATION AN OVERVIEW OF THE POST-NICE PROCESS EUROPEAN CONSTITUTION ? PROBLEMS : TOPICS DEMOCRACY • ROLE OF NATIONAL PARLIAMENTS • STATUS OF THE CHARTER OF FUNDAMENTAL RIGHTS • SIMPLIFICATION OF THE TREATIES • DELIMITATION OF COMPENENCIES LEGITIMATION EFFICIENCY TRANSPARENCY

5. EU Foreign Policy • The foreign policy competences of the European Union are divided between the the first (EC) and the second (CFSP) pillar. • The EC pillar covers trade, aid and development-policy related aspects of foreign policy. • the EC policies in these areas are formulated, implemented and representated by the RELEX commissioners and the corresponding general directorates • External represenation provided by the Commission President or the Commissioner for External Relations • Decisions are taken mainly by majority voting Westfälische Wilhelms-Universität Münster Prof. Dr. W. Woyke

6. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 DG trade DG Enlargement RELEX- Commissioners TRADE ENLARGEMENT EXTERNAL RELATIONS DEVELOPMENT HUMAN AID ECHO DG External Relations DG Development CFSPDirectorate, Conflict Prevention Unit ... Commission Structures for External Relations

7. EU Foreign Policy • The CFSP pillar covers diplomatic, security and defence related aspects of foreign policy • the CFSP is formulated and implemented by the Union‘s Member States, following general directions set by the European Council • The EU‘s position is represented on the international stage by the president of the Council, supported by the High Representative for CFSP • Decisions taken by unanimity Westfälische Wilhelms-Universität Münster Prof. Dr. W. Woyke

8. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 European Council Political direction Council of the EU Secretary Gen./ High Representative COREPER Political and Security Commitee (COPS) Military Commitee (EUMC) Milit. planning/ expertise DG. External Relations Military Staff (EUMS) Policy Unit recommendations Situation Centre Comm. for Civilian Aspects of Crisis Management Council Structures for CFSP

9. EU Foreign Policy An effective European foreign policy depends on the vertical and horizontal coherence and consistency of the Union‘s external actions. Westfälische Wilhelms-Universität Münster Prof. Dr. W. Woyke

10. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 European Council guideline member Council of the EU PRESIDENCY (rotating) European Commission PRESIDENT member member mandates Mr. CFSP Secretary Gen. Troika member Relex-Commissioner Development Commiss. Trade Commissioner Enlargement Commiss. DGs & special CFSP bodies consults European Parliament Advises, recommends, approves the budget reports Submits reports EU Foreign Policy between Commisson and Council

11. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 The chronology of CFSP/ESDP evolution

12. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 2003 Berlin Plus NATO-EU agreement ensures the EU access to NATO operational and planning capabilities. Decision to be taken on a case-by-case basis. The chronology of CFSP/ESDP evolution (2)

13. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 2003 EU Council Brussels Decision to establish an operation planning and mission support unit within the Council Secretariat (EUMS) 2004 European Council/ Brussels Adoption of the Headline Goal 2010, which should enable the Union to take rapid decisions and act effectively with appropriate military capabilities in crisis situations. The rapid responde forces, on which the HG relies on, are based on the EU battlegroup concept. The first battlegroups are to be operational by 2007. Establishment of the European Defence Agency Bosnia Herzegovina Launch of the military operation ALTHEA on the 2nd of December. The operation follows the NATO operation SFOR and will make use of NATO common assets and capabilities EU Council Brussels European Council in Brussels adopts the European Constitutional Treaty The chronology of CFSP/ESDP evolution (3)

14. Prof. Dr. Dr.h.c. Wichard Woyke Introducing the EU – Novi Sad 2004 TITLE 1: DEFINITION AND OBJECTIVES OF THE UNION ARTICLE 1: ESTABLISHMENT OF THE UNION • Reflecting the will of the citizens and States of Europe to build a common future, this Constitution establishes a Union [entitled...], within which the policies of the Member States shall be coordinated, and which shall administer certain common competences on a federal basis. • The Union shall respect the national identities of ist Member States. • The Union shall be open to all European States whose peoples share the same values, respect them and are committed to promoting them together.

15. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 ARTICLE 8: FUNDAMENTAL PRINCIPLES • The limits and use of Union competences are governed by the principles of conferral, subsidiarity, proportionality and loyal cooperation. • In accordance with the principle of conferral, the Union shall act within the limits of the competences conferred upon it by the Constitution to attain the objectives the Constitution sets out. Competences not conferred upon the Union by the Constitution remain with the Member States. • In accordance with the principle of subsidiarity, in areas which do not fall within ist exclusive competence, the Union shall act only if and insofar as the objectives of the intended action cannot be sufficiently achieved by Member States, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level. • In accordance with the principle of proportionality, the scope and form of Union action shall not exceed what is necessary to achieve the objectives of the Constitution. • In accordance with the principle of loyal cooperation, the Union and the Member States shall, in full mutual respect, assist each other to carry out tasks which flow from the Constitution. TITLE III: THE UNION‘S COMPETENCES

16. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 TITLE III: THE UNION‘S COMPETENCES ARTICLE 3: THE UNION‘S OBJECTIVES • The Union's aim is to promote peace, its values and the well-being of its peoples. • The Union shall work for a Europe of sustainable development based on balanced economic growth and social justice, with a free single market, and economic and monetary union, aiming at full employment and generating high levels of competetiveness and living standards. It shall promote economic and social cohesion, equalty between women and men, and environmental and social protection, and shall develop scientific and technological advance including the discovery of space. It shall encourage solidarity between generations and between States, and wqual opportunities for all. • The Union shall constitute an area of freedom, security and justice, in which its shared values are developed and richness of ist cultural diversity is respected. • In defining Europe‘s independence and interests, the Union shall seek to advance its values in the wider world. It shall contribute to the sustainable development of the earth, solidarity and mutual respect among peoples, eradication of poverty and protection of children‘s rights, strict observance of internationally accepted legal commitments, and peace between States.

17. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 ARTICLE 3: THE UNION‘S OBJECTIVES ARTICLE 4: LEGAL PERSONALITY • These objectives shall be pursued by appropriate means, depending on the extent to which the relevant competences are attributed to the Union by this Constitution. The Union shall have legal personality.

18. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 ARTICLE 29 : THE UNION‘S COMMON FOREIGN AND SECURITY POLICY • The European Union shall undertake to conduct a common foreign and security policy, based on the progressive development of mutual political solidarity among Member States, the progressive identification of questions of general interest and the achievement of an ever-increasing degree of convergence of member States‘ actions. • The European Council shall identify the Union‘s strategic interests and determine the • objectives of ist common forein and security policy. The Council of Ministers shall frame • this policy in accordance with the arrangements in Part Two of the Constitution. • The European Council and the Council of Ministers shall adopt the necessary decisions. • The common foreign and security policy shall be put into effect by the Union‘s Minister • for Foreign Affaires and by the Member States, using national and Union ressources.

19. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 ARTICLE 29 : THE UNION‘S COMMON FOREIGN AND SECURITY POLICY • Member States shall consult one another within the Council and the European Council on any foreign and security policy issue which is of general interest in order to determine a common approach. Before undertaking any action on the international scene or any commitment which could affect the Union's interests, each Member State shall consult the others within the Council or the European Council. Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. Member States shall show mutual solidarity. • The European Parliament shall be consulted on the main aspects and the basic choices of the common foreign and security policy, and shall be kept informed of how it develops.

20. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 ARTICLE 29 : THE UNION‘S COMMON FOREIGN AND SECURITY POLICY 7. Decisions relating to commong foreign and security policy shall be adopted by the European Council and the Council of Ministers unanimously, except in the cases referred to in Part Two of the Constitution. They shall act on a proposal from a Member State or from the Union‘s Minister for Foreign Affairs, alone or together with the Commission. 8. The European Council may unanimously decide that the Council should act by a qualified majority in cases other than those referred to in Part Two of the Constitution.

21. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 ARTICLE 30 : COMMON SECURITY AND DEFENCE POLICY • The common security and and defence policy, which is an integral part of the common foreign and sccurity policy, shall provide the Union with an operational capability which makes use of military and civilian means. The Unionmay deploy them on tasks outside the Union to preserve peace and strenghten international security in accordance with the principles of the United Nations Charter. • The commong security and defence policy shall include the progressive framing of a common defence policy for the Union. This will lead to a common defence, when the European Council, actinc unanimously, so decides. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements. • The policy of the Union in accordance with this Article shall not prejudice the specific character of the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence realised in the North Atlantic treaty Organisation (NATO), under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework.

22. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 Draft Treaty establishing a Constitution for Europe Article 3: The Union‘s objectives • The Union's aim is to promote peace, its values and the well-being of its peoples. • The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, and a single market where competition is free and undistorted. • 3. The Union shall work for the sustainable development of Europe based on balanced economic growth, a social market economy, highly competitive and aiming at full employment and social progress, and with a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance. • It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of children's rights.

23. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 Draft Treaty establishing a Constitution for Europe The Union shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced. • In its relations with the wider world, the Union shall uphold and promote its values and interests. It shall contribute to peace, security, the sustainable development of the earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and protection of human rights and in particular children's rights, as well as to strict observance and development of international law, including respect for the principles of the United Nations Charter. • These objectives shall be pursued by appropriate means, depending on the extent to which the relevant competences are attributed to the Union in the Constitution.

24. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 Draft Treaty establishing a Constitution for Europe • Following the principle of loyal cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Constitution. • The Member State shall facilitate the achievement of the Union‘s tasks and refrain from any measure which could jeopardise the attainment of the objectives set out in the Constitution Article 15: The common foreign and security policy • 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, which might lead to a common defence.

25. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 Draft Treaty establishing a Constitution for Europe • Member States shall actively and unreservedly support the Union's common foreign and security policy in a spirit of loyalty and mutual solidarity and shall comply with the acts adopted by the Union in this area. They shall refrain from action contrary to the Union's interests or likely to impair its effectiveness.

26. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 Draft Treaty establishing a Constitution for Europe Article 27: The Union Minister for Foreign Affaires • The European Council, acting by qualified majority, with the agreement of the President of the Commission, shall appoint the Union Minister for Foreign Affairs. He or she shall conduct the Union's common foreign and security policy. The European Council may end his or her tenure by the same procedure. • The Union Minister for Foreign affaires shall contribute by his or her proposals to the development of the common foreign policy, which he or she shall carry out as mandated by the Council of Ministers. The same shall apply to the common security and defence policy • The Union Minister for Foreign Affairs shall be one of the Vice-Presidents of the Commission. He or she shall be responsible there for handling external relations and for coordinationg other aspects of the Union‘s external action. In exercising these responsabilities within the Commission, and only for these responsabilities, the Union Minister for Foreign Affaires shall be bound by Commission procedures.

27. CFSP – main policy areas • Preventive diplomacy and regional stabilisation policy • Fight against terrorism and the proliferation of weapons of mass distruction • Promotion of democracy and the rule of law in third countries • Human rights • Arms control Westfälische Wilhelms-Universität Münster Prof. Dr. W. Woyke

28. CFSP – main political instruments • Political dialogue • Humanitarian/ financial aid • Diplomatic and/ or trade sanctions • Accession perspective Westfälische Wilhelms-Universität Münster Prof. Dr. W. Woyke

29. CFSP – normative instruments • Common positions = designed to make foreign policy cooperation more systematic and improve coordination. • Joint Actions = coordinated action by the Member States whereby resources of all kinds (human resources, know-how, financing, equipment and so on) are mobilised to attain specific objectives fixed by the Council on the base of general guidelines from the European Council. Westfälische Wilhelms-Universität Münster Prof. Dr. W. Woyke

30. CFSP – normative instruments (2) • Common strategy = defined by the European Council to be implemented by the Union in fields where the Member States have important common interests. It sets out the aims and length of time covered and the means to be made available by the Union and the Member States for reaching it‘s goal. • Member States are required to comply with and uphold an adopted position/ action, but there are NO sanctioning instruments to ensure good conduct. Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

31. CFSP – decision making instruments • Unanimity-rule = predominant procedure • Constructive abstention = instrument introduced by the Treaty of Amsterdam. It allows a Member State to abstain a vote, without blocking an unanimous decision. • Enhanced cooperation= introduced by the Treaty of Nice. It aims to enable a limited number of Member States, that are willing and able to advance further, to deepen European integration within the single institutional framework of the Union. Cannot be used in matters having military or defence implications. It can be introduced through QMV. Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

32. CFSP funding • Expenditure divided into administrative and operative costs: • Administrative costs are charged to the budget of the Council • Operative costs can be charged to the general budget of the Union (implies a submission to the control rights of the EP ) or to the Member States • Costs arising from military/defence operations cannot be charged to the Union‘s budget. This expenditure must be charged to the Member States in accordance with the GNP scale. Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

33. CFSP in practice - number of CFSP instruments adopted by the Council Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

34. CFSP - problems • EU pillar structure  deficient coherence and consistency of the Union‘s external policies • Different working cultures, competition between actors, turf battles • Fragmented external representation • Intergovernmental cooperation  limited development of common strategic thinking and of genuine European interests • Slow decision-making  reactive approach, unflexible and watered-down policy positions •  The EU has had little success in developing leadership power and credibility while responding to international (military) crisis situations. Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

35. CFSP/ESDP reform in the EU Constitution Treaty • The Convention tried to overcome the CFSP problems and turn the EU into an efficient and credible international actor. • The Constitutional Treaty comprises therefore reforms of the existing structures and instruments as well as new institutional structures. Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

36. The EU Foreign Minister • Art. I-27 sets the FM up to facilitate coherence and coordination between institutions and bureaucracies. • Member of the Council and Vice-President of the Commission • Appointed by the European Council with QMV and with the approval of the Commission President • Competences of the FM: • Right of initiative – thus replacing the Commission‘s right to be „fully associated“ to the CFSP • when adopting a proposal formulated by the FM, the Council shall act by QMV Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

37. The EU Foreign Minister (2) • Coordination: the FM must ensure the coordination of all aspects of the Union‘s external action and the compliance of the Member States with the adopted CFSP measures. • Representation: the FM shall represent the Union in CFSP matters (conduct political dialogue and express the Union‘s position in international fora). • Implementation of the CFSP decisions adopted by the European Council and the Council. • Crisis management: when carrying out Petersberg tasks operations the COPS will exercise political control amd strategic direction under the responsibility of the Council and of the FM. [ Art. III-307] Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

38. The EU Foreign Minister (3) • The role description of the FM goes beyond the mere sum of it‘s institutional components, the HR and the Relex Commissioner • Exploiting the opportunities this new office brings will depend on the personal skills of the first FM • Difficulties/ challenges may arise from: • The heavy load of assignments • Persisting tensions between bureaucracies at the lower level • Defining a constructive working relationship with the Presidents of the Commission and of the European Council Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

39. CFSP/ESDP new instruments • Restriction of the normative instruments to • Decisions (= non-legal acts) • International agreements • Widening of enhanced cooperation • Mutual defence clause • Solidarity clause • Permanent structured cooperation based on high military capability criteria • Implementation of certain tasks by a group of willing and able Member States • Update of the Petersberg tasks to also encompass • Joint disarmament operations • Military and advice assistance tasks Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

40. CFSP/ESDP new instruments (2) • Conflict prevention and post-conflict stabilization tasks • Establishment of a European Defence Agency, to improve and rationalise Member States' military capabilities. • Establishment of a European External Action Service to assist the FM in his/her functions. • will be composed of officials from relevant departments of the General Secretariat of the Council of Ministers and of the Commission and staff seconded from national diplomatic services. Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

41. CFSP perspectives • The future developments of the CFSP/ESDP and the effectivity of the Union‘s international actions will be determined by: • The shortcomings of the Constitution Treaty: • Imprecise division of labour between the FM and the President of the EU Council • Preservation of the unanimity rule within the CFSP • The redefiniton of the Transatlantic relationship and of Europe‘s role within it. • The willingness of Member States to allocate the necessary resources in order to achieve credibility Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

42. CFSP perspectives (2) • The implications of enlargement, the new members having: • an Atlantic-orientated security approach • A high value of national sovereignty  striving for acceptance and full participation rights in the CFSP •  Reluctant towards the use of enhanced cooperation mechanisms • Foreign policy interests orientated towards Eastern Europe and their neighboring regions • No global power ambitions. Westfälische Wilhelms -Universität Münster Prof. Dr. W. Woyke

43. Prof. Dr. Dr.h.c. Wichard Woyke European Institutions WS 2005/06 both civil information and military intelligence CFSP AND ESDP INSTITUTIONS Units dealing with both civil and military intelligence civil and/or open information Units dealing with military intelligence military intelligence Units dealing with civil and/or open information The European Council The Commission The Council of the European Union Secretary-General of the Council and High Rep. for the CFSP decides Permanent Representatives Committe (Coreper) Council General Secre-tariat Policy Planning and Early Warning Unit Staff 21 Satellite Centre Staff 68 about half processing Institute for Security Studies Staff 28, 9 Analysts Examines and recommends EU response options Political and Security Committee (PSC) Joint Situation Centre Seconded nat. analysts+PPU+EUMS Staff 12 The Military Committe EUMC Committee for Civilian Aspects of CM Committee of Contributors Dissemination The Military Staff (EUMS) Staff 140 INTEL DIV Staff 30 EUMC Chairman channels pol-mil guidance to the OPCOM EU CM-operation EUMS INT CFSP/ESDP National Intelligence