Militarisation
of the European Union (4)
What is in the Draft Constitutional Treaty and what are the implications?
Contents:
•
Overview
•
Implications
•
Other Papers in this Series
Overview
The
main parts of the Draft Constitutional Treaty which reflect the militarization
of the EU are to be found in the following Articles which are reproduced
here in full (there are a number of other articles relating to the
Common Foreign Security Policy which can be found in Part III of the
Draft Constitutional Treaty): Article
40: Specific provisions for implementing the common security and
defence policy (emphasis in italics: QCEA)
1.
The common security and defence policy shall be an integral part
of the common foreign and security policy. It shall provide
the Union with an operational capacity drawing on assets civil and
military. The Union may use them on missions outside the
Union for peace-keeping, conflict prevention and strengthening international
security in accordance with the principles of the United Nations
Charter. The performance of these tasks shall be undertaken
using capabilities provided by the Member States.
2.
The common security and defence policy shall include the
progressive framing of a common Union defence policy. This will
lead to a common defence, when the European Council, acting 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, under the North Atlantic Treaty, and
be compatible with the common security and defence policy established
within that framework.
3.
Member States shall make civilian and military capabilities
available to the Union for the implementation of the common security
and defence policy, to contribute to the objectives defined by the
Council of Ministers. Those Member States which together establish
multinational forces may also make them available to the common
security and defence policy.
Member
States shall undertake progressively to improve their military capabilities.
A European Armaments, Research and Military Capabilities Agency
shall be established to identify operational requirements, to promote
measures to satisfy those requirements, to contribute to identifying
and, where appropriate, implementing any measure needed to strengthen
the industrial and technological base of the defence sector, to
participate in defining a European capabilities and armaments policy,
and to assist the Council of Ministers in evaluating the improvement
of military capabilities.
4.
European decisions on the implementation of the common
security and defence policy, including those initiating a mission
as referred to in this Article, shall be adopted by the Council
of Ministers acting unanimously on a proposal from
the Union Minister for Foreign Affairs or from a Member State. The
Union Minister for Foreign Affairs may propose the use of both national
resources and Union instruments, together with the Commission where
appropriate.
5.
The Council of Ministers may entrust the execution of a task, within
the Union framework, to a group of Member States in order to protect
the Union's values and serve its interests. The execution of such
a task shall be governed by Article III-211.
6.
Those Member States whose military capabilities fulfil higher criteria
and which have made more binding commitments to one another in this
area with a view to the most demanding missions shall establish
structured cooperation within the Union framework. Such cooperation
shall be governed by the provisions of Article III-213.
7.
Until such time as the European Council has acted in accordance
with paragraph 2 of this Article, closer cooperation shall be established,
in the Union framework, as regards mutual defence. Under this cooperation,
if one of the Member States participating in such cooperation is
the victim of armed aggression on its territory, the other participating
States shall give it aid and assistance by all the means in their
power, military or other, in accordance with Article 51 of the United
Nations Charter. In the execution of closer cooperation on mutual
defence, the participating Member States shall work in close cooperation
with the North Atlantic Treaty Organisation. The detailed arrangements
for participation in this cooperation and its operation, and the
relevant decision-making procedures, are set out in Article III-214.
8.
The European Parliament shall be regularly consulted on the
main aspects and basic choices of the common security and defence
policy, and shall be kept informed of how it evolves.
Article
III-205
1.
The Union Minister for Foreign Affairs shall consult the
European Parliament on the main aspects and the basic choices of
the common foreign and security policy, including the common security
and defence policy, and shall ensure that the views of the European
Parliament are duly taken into consideration. The European
Parliament shall be kept regularly informed by the Union Minister
for Foreign Affairs of the development of the common foreign and
security policy, including the common security and defence policy.
Special representatives may be involved in briefing the European
Parliament.
2.
The European Parliament may ask questions of the Council of
Ministers and of the Union Minister for Foreign Affairs or make
recommendations to them. Twice a year it shall hold a debate on
progress in implementing the common foreign and security policy,
including the common security and defence policy.
Article
III-210
1.
The tasks referred to in Article I-40(1), in the course
of which the Union may use civilian and military means, shall
include joint disarmament operations, humanitarian and rescue tasks,
military advice and assistance tasks, conflict prevention and peace
keeping tasks, tasks of combat forces in crisis management, including
peacemaking and post conflict stabilisation. All these tasks may
contribute to the fight against terrorism, including by supporting
third countries in combating terrorism in their territories.
2.
The Council of Ministers, acting unanimously, shall adopt European
decisions relating to the tasks referred to in paragraph 1, defining
their objectives and scope and the general conditions for their
implementation. The Union Minister for Foreign Affairs, acting
under the authority of the Council of Ministers and in close and
constant contact with the Political and Security Committee, shall
ensure coordination of the civilian and military aspects of such
tasks.
Article
III-211
1.
Within the framework of the European decisions adopted in accordance
with Article III-210, the Council of Ministers may entrust the
implementation of a task to a group of Member States having
the necessary capability and the desire to undertake the task. Those
Member States in association with the Union Minister for Foreign
Affairs shall agree between themselves on the management of the
task.
2.
The Council of Ministers shall be regularly informed by the Member
States participating in the task of its progress. Should the completion
of the task involve major new consequences or require amendment
of the objective, scope and conditions for implementation adopted
by the Council of Ministers under Article III-210, the Member States
participating shall refer the matter to the Council of Ministers
forthwith. In such cases, the Council of Ministers shall adopt the
necessary European decisions.
Article
III-282
The
Court of Justice shall not have jurisdiction with respect to Articles
I-39 and I-40 and the provisions of Chapter II of Title V of Part
III concerning the common foreign and security policy.
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The
implications
Although
there are several cursory references to the civilian and military
capabilities in these Articles, the thrust of all of them is to ensure
that the European Union enhances its military capabilities and that
the focus of the Common Foreign and Security Policy and the European
Security and Defence Policy is firmly focused on the military.
This
is why the Draft Constitutional Treaty does propose a European Armaments,
Research and Military Capabilities Agency (which has already been
agreed even though the rest of the Treaty has not) and does not
propose a similar agency which would focus on civilian capabilities.
This despite the fact that many of the specific operational activities
listed in Article III – 210 (joint disarmament operations,
humanitarian and rescue tasks, military advice and assistance tasks,
conflict prevention and peace keeping tasks, tasks of combat forces
in crisis management, including peacemaking and post conflict stabilisation)
are clearly civilian tasks where military intervention is likely
to contribute to long term problems rather than to resolve them.
The
implications of the decision making powers embedded in these articles
are also worthy of note:
| Issue |
Comment |
| The
integration of these Articles into the Treaty makes military
(and to the extent that it is referred to civilian) intervention
in conflict situations outside the Member States an EU competence |
This
may not be something that citizens are aware of. It means that
Member States (and in particular Member States’ Parliaments
have a lesser role to play in such decisions. |
| The
EU Foreign Minister (together with the Commission) or Member
States can initiate interventions |
This
is another clear indication that the competence for such matters
is shifting towards the EU. |
| The
EU Foreign Minister has to consult the EP and to report to them. |
The
EP does not have power of co-decision in these matters; i.e.
the elected representatives of the citizens of Europe are merely
consulted. |
| The
European Court of Justice has no jurisdiction over matters relating
to Common Foreign Security and European Security and Defence
Policies |
There
is no recourse to the European Court of Justice in instances
where the EU has exceeded its powers in these matters. |
| There
is reference to the principles of the Charter of the UN in the
context of decisions to be made about intervention. |
It
does not state clearly that the EU would intervene only with
a UN Security Council mandate; on the contrary, Article III
210 leaves it to the Council of Ministers to make decisions
about interventions. That conflicts with international law. |
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Other
Papers in this Series
(1)
The Context of the Convention on the Future of Europe HTML
PDF (163kb)
(2)
Previous Treaties and Agreements: What they say about military issues
HTML PDF
(221kb)
(3)
The Role of and Connection between the EU, the WEU and NATO
HTML PDF
(176kb)
(5)
Future Action: European Civilian Capabilities HTML
PDF (275kb)
(6)
Finding
Further Information – Keeping (us) Informed
HTML
PDF (116kb)
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