EEAS 2.0 : A legal commentary on Council decision 2010/427/EU establishing the organisation and functioning of the European External Action Service

Abstract

Article 13(3) of Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (EEAS) required that the High Representative should provide a review of the organisation and functioning of the EEAS by mid-2013. This paper provides a legal commentary on the Decision and is intended to inform those involved in the review process and to serve as a reference document for practitioners and analysts dealing with the EEAS. This commentary provides a textual and contextual analysis of each article of the Decision, taking account of i) other relevant legal provisions (primary, secondary, international), ii) the process leading to the adoption of the 2010 Council Decision (i.e. travaux préparatoires), iii) the preamble of the Council Decision, and iv) insofar as it is possible at this stage, early implementation.