The position of the CFSP/CSDP in the EU's constitutional architecture

Abstract

With the merger of the Union and Community into the European Union, which ‘replaced and succeeded’ the European Community, the constitutional architecture of the Treaties has been substantially altered. The CFSP/CSDP is the only substantive external policy field based in the TEU. This gives a sense of continuity with the position as it had been since the Maastricht Treaty, in which the CFSP was placed in the TEU as what was often referred to as the ‘second pillar’. However, this apparent continuity masks a significant change in the place of the CFSP within the EU’s constitutional structure, a change resulting from the Lisbon Treaty and which we are now starting to see take a more concrete shape. Although the main provisions on the CFSP are found in the TEU, some procedural provisions – in particular the procedural rules for entering into external agreements – are found in the TFEU. More importantly, for the first time the Union is given a single external mandate in Article 3(5) TEU encompassing all the EU’s ‘relations with the wider world’. Not only do the general provisions governing the Union’s external principles, objectives and strategy (in particular Articles 21 and 22 TEU) apply equally to the CFSP and CSDP, so too do the general provisions contained in the TFEU. Within this unified system, the CFSP/CSDP is a distinct Union competence and policy field. Its integration into the overall constitutional architecture has raised questions as to the nature of the competence granted to the Union, the specific rules applicable to the CFSP, its relationship with other policy fields, and the scope of the CFSP. It is with these questions that this chapter is concerned.