Programming EU External Action Post-Lisbon: New Opportunities or Business as Usual?

Over 90% of the external relations budget of the EU is processed through its external financial instruments. With the Lisbon Treaty and the creation of the new European External Action Service (EEAS), the institutional architecture of these instruments was significantly reformed. This contribution analyses strategic programming both pre- and post-Lisbon, identifies ‘winners’ and ‘losers’, and examines the potential of the new provisions to increase the coherence of EU external action. The examination shows that the instruments can be categorised into three groupings: ‘the big three’ comprising the bulk of funding characterised by joint programming and responsibilities; the ‘Commission-only’ instruments where all powers remain with the Commission; and the ‘EEAS-led rest’ in which the High Representative and the EEAS play a strong role but only have limited financial resources available. The new system calls for strong coordination of all involved actors in order to make it work. Findings of a case study on the Instrument for Stability reveal, however, that so far the establishment of the EEAS has not made a substantial impact on strategic programming in its first two years.

Now We Are One...A Rough Start for the EEAS

The first year of the European External Action Service (EEAS) has already elicited much comment, both internally and externally. This contribution briefly reviews the nature of this commentary and then suggests some possible short-term ‘wins’ for the Service, as well as some challenges that will require a longer-term perspective. The main shorter-term issue considers the need to create stronger linkages and priorities between existing strategies and to start the difficult process of melding a common mindset within the Service. The longer-term challenges revolve around recruitment, balance and resources. The latter is particularly important in order to enable the delegations to assume their full roles. The barrage of criticism that greeted the EEAS’s first birthday is also a commentary on how critical the role of the Service is to achieving the core goals of the Lisbon Treaty in external relations; namely, to aim towards more coherence, effectiveness and visibility.

The Euro Crisis, the Other Crisis and the Need for Global Thinking

In addition to the euro crisis the EU faces a second, more existential crisis, in the form of an ill-defined notion of the Union’s global role. This contribution argues that the euro crisis should not redefine perceptions of the EU on the global stage, which it is in danger of doing. Instead, the EU and its members should embark upon a strategic reassessment in order to define three core interrelated factors. First, the nature of the EU’s actorness remains ill-defined and it is therefore necessary to explain, both within and beyond the Union, what its global role is. Second, in order to facilitate the joining up of the myriad of sub-strategies in EU external relations, the notion of ‘red lines’ should be considered which define specific aspects of behaviour that are mainstreamed throughout the EU’s external actions and, more importantly, upheld. Third, in spite of the rapid development of the harder elements of the EU’s actorness over the last decade or so, there remains a worrying gap between rhetoric and reality. This aspect is of particular concern for the United States and will affect perceptions of the EU’s ability to be a genuine strategic partner at a time of dramatic change in the international system. By engaging in what will inevitably be a difficult debate, the EU and its members will not only help give purpose and strategic direction to the Union’s actions on the international scene, it will also speak to the euro crisis since both are fundamentally about the future shape and direction of European integration.

The New EU Foreign Policy Architecture: Reviewing the first two years of the EEAS. CEPS Paperbacks. February 2013

This CEPS book examines two interrelated questions: 1) How has the European External Action Service (EEAS) functioned in the EU institutional architecture in the first two years of its existence? 2) What improvements can be made through the 2013 review and the 2014 revision of the EEAS’ mandate? The study contributes to the current debate through an in-depth examination of the EEAS’ relations with the EU member states, the European Commission, the European Parliament and its Delegations. The analysis is complemented by in-depth interviews conducted with senior officials from the relevant institutions. The authors put forward specific recommendations, organised around three basic roles that the EEAS plays in the EU’s external relations: a) leader, b) coordinator and c) information hub.

Improving the Effectiveness of Sanctions: A Checklist for the EU. CEPS Special Report No. 95, 6 November 2014

The increasingly frequent imposition of sanctions by the EU over the past decade has not been accompanied by a thorough pre-assessment and contingency planning stage, which, argue the authors, has led to the formulation of suboptimal sanctions regimes. This paper proposes a practical pre-assessment and contingency planning of sanctions – a checklist, which departs from the ‘ad hoc-ism’ of current decision-making on sanctions. The checklist includes the identification of resources linked to the objectionable policies; the leverage of the EU; the costs to the EU; the legality of the measures; their unintended effects; the expected contribution towards EU goals; their coherence with overall EU external relations; and the communication of these policies.

Linking Policy and Practice:The Case of EU-UNICEF Cooperation on the Rights of the Child in Third Countries. IES WORKING PAPER 4/2013

This Working Paper offers detailed analysis of EU-UNICEF cooperation on the rights of the child in the European Union's external relations, in particular as regards linkages between the EU policy priorities and concrete actions to advance the protection and promotion of child rights in third countries. It addresses a number of crucial questions: how has the EU’s external policy on the rights of the child developed over the past decade, what were these developments influenced by and what role did UNICEF play in these processes; what is the legal and policy framework for EU-UNICEF cooperation in foreign policy and what added-value it brings; what mechanisms are used by the EU and UNICEF to improve child rights protection in third countries and what are the motivations behind their field cooperation. The study starts by examining the development of the EU’s foreign policy on the rights of the child and covers the legal basis enshrined in EU treaties, the policy framework, and the implementation instruments and then investigates the evolution of the EU’s relations with the United Nations. The paper focuses on the EU’s cooperation with UNICEF by looking into the legal and political framework for EU-UNICEF relations, the policy-oriented cooperation and joint implementation of projects on the ground in third countries. This section outlines the rationale behind the practical cooperation as well as the factors for success and obstacles hindering the delivery of sustainable results. Finally, the Working Paper concludes with suggestions on how EU-UNICEF cooperation could be further enhanced following recent developments, namely the 2012 EU Strategic Framework and the Action Plan on Human Rights as well as human rights country strategies.

The Legal Status and Influence of Decisions of International Organizations and other Bodies in the European Union. College of Europe Research Paper in Law 01/2014

Introduction. The European Union’s external action is not only defined by its influence on international developments, but also by its ability and the need to respond to those developments. While traditionally many have stressed the EU’s ‘autonomy’, over the years its ‘dependence’ on global developments has become more clear.2 International law has continued to play a key role in, not only in the EU’s external relations, but also in the Union’s own legal order.3 The purpose of this paper is not to assess the role or performance of the EU in international institutions.4 Rather it purports to reverse the picture and focus on a somewhat under-researched topic: the legal status of decisions of international organizations in the EU’s legal order.5 While parts of the status of these decisions relate to the status of international agreements and international customary law, it can be argued that decisions of international organizations and other international bodies form a distinct category. In fact, it has been observed that “this phenomenon has added a new layer of complexity to the already complex law of external relations of the European Union”.6 Emerging questions relate to the possible difference between decisions of international organizations of which the EU is a member (such as the FAO) and decisions of organizations where it is not (irrespective of existing competences in that area – such as in the ILO). Questions also relate to the hierarchical status of these decisions in the EU’s legal order and to the possibility of them being invoked in direct or indirect actions before the Court of Justice. This contribution takes a broad perspective on decisions of international organizations by including decisions taken in other international institutions which do not necessarily comply with the standard definition of international organizations,7 be it bodies set-up by multilateral conventions or informal (transnational / regulatory) bodies. Some of these bodies are relatively close to the EU (such as the Councils established by Association Agreements – see further Section 5 below); others operate at a certain distance. Limiting the analysis to formal international organizations will not do justice to the manifold relationships between the European Union and various international bodies and to the effects of the norms produced by these bodies. The term ‘international decisions’ is therefore used to refer to any normative output of international institutional arrangements.

The new Inter-Parliamentary Conference on the CFSP/CSDP. Jean Monnet/Robert Schuman Paper Series Vol. 14 No. 12, July 2014

The objectives of the 2009 Lisbon Treaty (LT) include ways to improve the democratic and international images of the European Union (EU). The focus of the literature has so far focused on the overall treaty impact and on the EU´s international role. This paper considers instead its impact on the question of the democratic accountability of the EU´s Common Foreign and Security Policy (CFSP), including its Common Security and Defence Policy dimension (CSDP). This paper consists of three parts: (1) The first part describes the changes the LT has made for the European Parliament (EP) in terms of its external relations. (2) The second part presents the many deficits that the EU suffers from in its foreign, security and defence policies. (3) The third part offers a preliminary analysis of the recently created Inter-Parliamentary Conference (IPC) on CFSP/CSDP, which in addition to MEPs (EP members) includes parliamentarians from the national EU parliaments. The paper concludes that although the IPC is a positive development in trying to bridge those existing democratic gaps, it remains only a step in the right direction due to the existence of many such deficits in the foreign, security and defence policies of the EU and of its member states.

Britain and Europe: A new settlement? EPC Challenge Europe 23, May 2016

Britain's European problem, Stephen Wall; Britain's contribution to the EU: an insider's view, David Hannay; 'Foreign judges' and the law of the European Union, David Edward; The United Kingdom and the Charter of Fundamental Rights of the EU, Peter Goldsmith; European foreign policy: five and a half stories, Robert Cooper; External relations and the transformative power of enlargement, Heather Grabbe; Recalibrating British European policy in foreign affairs, Fraser Cameron; The European Union and the wider Europe, Graham Avery; From Common Market to Single Market: an unremarked success, Malcolm Harbour; Lost in translation: Britain, Germany and the euro, Quentin Peel; After Cameron's EU deal, Kirsty Hughes; Re-imagining the European Union, Caroline Lucas; Britain and European federalism, Brendan Donnelly; Europe's British problem, Andrew Duff.