The EU Common Security and Defense Policy (Oxford European Union Law Library)

A long-term topic of interest for political scientists and international relations experts, the European Union's security and defense policy has also more recently sparked the interest of the legal community. The Treaty of Lisbon (effective December 2009) introduced a detailed set of rules and procedures that govern the European Union's Common Security and Defense Policy (CSDP). This book provides the first full-length overview and analysis of the legal framework of the CSDP, examining the nexus of its substantive, institutional, and economic dimensions. Beginning with the historical development of security and defense in the context of European integration, it covers the military operations and civilian missions undertaken by the EU and looks at the policy context within which they were carried out. It also analyzes the international agreements in the field and explores the links between the CSDP and other external EU policies. Cover Contents List of Abbreviations Table of Cases Table of Legislation Introduction 1. The origins and evolution of CSDP Introduction The first phase: the European Defence Community The second phase: another failure prior to marginalization The third phase: security and defence under primary law The starting point for the European Security and Defence Policy—the St Malo Declaration Conclusion 2. The Common Security and Defence Policy within the framework of Common Foreign and Security Policy Introduction Great expectations Integrated, but not quite Integration and distinctiveness Instruments Institutional and administrative framework The European Council The High Representative of the Union for Foreign Affairs and Security Policy The European External Action Service The European Parliament The Council and Commission Decision-making procedures Conclusion 3. The substantive and institutional framework of Common Security and Defence Policy Introduction Scope and activities The duties of Member States Means Administrative structure and planning of CSDP operations and missions Mutual assistance clause Flexibility Member States acting on behalf of the Union Permanent structured cooperation Financing Conclusion 4. The policy context of CSDP Introduction The main themes underpinning the European Security Strategy The internal–external link Broad definition of security Regional and global focus Responsibility The quest for a European model The EU and the United Nations Conclusion 5. CSDP military operations Introduction Administrative framework Military capabilities The EU–NATO relationship EUFOR Concordia (FYROM) (2003) Operation Artemis (RD Congo) (2003) EUFOR ALTHEA (Bosnia and Herzegovina) (2004–present) EU Support to AMIS Action (Darfur) (2005–2007) EUFOR RD Congo (2006) EUFOR Tchad/RCA (2008–2009) EUNAVFOR Somalia—Operation ATALANTA (2008–present) EUTM Somalia (2010–2012) EUFOR Libya (2011, but never deployed) International responsibility over the conduct of CSDP operations Conclusion 6. CSDP civilian missions Introduction Police missions EUPM BiH (Bosnia and Herzegovina) (2003–2012) EUPOL PROXIMA (Former Yugoslav Republic of Macedonia) (2003–2005) EUPAT (Former Yugoslav Republic of Macedonia) (2005–2006) EUPOL KINSHASA (Democratic Republic of Congo) (2005–2007) EUPOL RD Congo (Democratic Republic of Congo) (2007–present) EUPOL COPPS (Palestinian territories) (2006–present) EUPOL AFGHANISTAN (Afghanistan) (2007–present) Security Sector Reform missions EUSEC RD Congo (Democratic Republic of Congo) (2005–present) EU SSR GUINEA-BISSAU (Guinea-Bissau) (2008–2010) Border missions EUBAM Rafah (Rafah Crossing Point) (2005–present) Monitoring missions AMM (Aceh, Indonesia) (2005–2006) EUMM GEORGIA (Georgia) (2008–present) Rule of law missions EUJUST THEMIS (Georgia) (2004–2005) EUJUST LEX (Iraq) (2005–present) EULEX KOSOVO (Kosovo) (2008–present) Other missions EUAVSEC-South Sudan (South Sudan) (2012–present) EUCAP Sahel Niger (Niger) (2012–present) EUCAP NESTOR (Horn of Africa) (2012–present) Conclusion 7. International agreements Introduction The negotiation and conclusion of international agreements in the area of CSDP Negotiation of international agreements Conclusion of international agreements Typology of CSDP agreements Participation of third states in specific CSDP missions Status of forces agreements (SOFAs), and status of missions agreements (SOMAs) Agreements on security procedures for the exchange of classified information Framework participation agreements Transfer agreements Conclusion 8. Interactions between CSDP and other strands of external action Introduction The nexus between CSDP and development cooperation Policy interactions between development cooperation and CSDP The security-development nexus as a matter of practice The quest for coherence The interactions between CSDP and the Area of Freedom, Security, and Justice The nexus of policies and the Court of Justice: the choice of legal basis The ECOWAS case The judgment The implications A strict approach to the separation between security and defence and other policies A broad understanding of development cooperation Strict monitoring of the choice of legal basis The Philippines Borders case Conclusion 9. Practical and economic underpinnings of CSDP: The case of defence industries Introduction The state of defence industries in the European Union Armaments and EU law Armaments before the European Court of Justice A strict interpretation of Article 346 TFEU The issue of confidentiality The role of national courts The new approach by the Commission Policy initiatives within the EU legal order Policy initiatives at intergovernmental level Conclusion 10. Conclusions Bibliography Index A B C D E F G H I J K L M N O P Q R S T U V W Y Z Le site d'Oxford University Press indique : "Presenting the first analytical overview of the legal foundations of the EU's Common Security and Defence Policy (CSDP), this book provides a detailed examination of the law and practice of the EU's security policy. The European Union's security and defence policy has long been the focus of political scientists and international relations experts. However, it has more recently become of increasing relevance to lawyers too. Since the early 2000s, the EU has carried out more than two dozen security and defence missions in Europe, Africa, and Asia. The EU institutions are keen to stress the security dimension of other external policies also, such as development cooperation, and the Lisbon Treaty introduces a more detailed set of rules and procedures which govern the CSDP. This book provides a legal analysis of the Union's CSDP by examining the nexus of its substantive, institutional, and economic dimensions. Taking as its starting point the historical development of security and defence in the context of European integration, it outlines the legal framework created by the rules and procedures introduced by the Treaty of Lisbon. It examines the military operations and civilian missions undertaken by the Union, and looks at the policy context within which they are carried out. It analyses the international agreements concluded in this field and explores the links between the CSDP and other external policies of the Union." Presenting An Analytical Overview Of The Legal Foundations Of The Eu's Common Security And Defence Policy, This Book Provides A Detailed Examination Of The Legal Framework And Problems Faced By The Eu's Security Policy. The Origins And Evolution Of Csdp -- The Common Security And Defense Policy Within The Framework Of Common Foreign And Security Policy -- The Substantive And Institutional Framework Of Common Security And Defense Policy -- The Policy Context Of Csdp -- Csdp Military Operations -- Csdp Civilian Missions -- International Agreements -- Interactions Between Csdp And Other Strands Of External Action -- Practical And Economic Underpinnings Of Csdp: The Case Of Defence Industries. Panos Koutrakos. Includes Bibliographical References And Index.