Chapter

Common Foreign and Security Policy

Piet Eeckhout

in EU External Relations Law

Second edition

Published in print May 2011 | ISBN: 9780199606634
Published online September 2011 | e-ISBN: 9780191729560 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199606634.003.0011

Series: Oxford European Union Law Library

Common Foreign and Security Policy

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This chapter focuses on the instruments and actors of the Common Foreign and Security Policy (CFSP). The first part discusses the various instruments which are at the EU institutions' disposal to enable them to conduct the CFSP, including the budgetary means. It then explores the nature and legal effects of those instruments, on the basis not only of the Treaty on the European Union's language but also the actual content of the CFSP acts. The second part of the chapter focuses on the role of the various institutions and authorities involved in CFSP decision-making. The Council and its various organs and agents — in particular the High Representative and the new European External Action Service — are the main players, but the analysis cannot be confined to them, in particular if one adopts a perspective of constitutionalism. Indeed, important questions of parliamentary and judicial scrutiny arise in connection with the CFSP, and require further examination. Those questions are not unconnected with the issue of the legal nature and effect of the CFSP acts. Depending upon the strength and depth of commitments entered into, and on the legal force and effects of decisions, those may become burning questions in a constitutional polity. It is from those angles that the role of the institutions is studied.

Keywords: EU institution; Treaty on European Union; legal effects; external relations; external policy

Chapter.  16784 words. 

Subjects: EU Law

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