Legal and Political Challenges of an Integrated EU Security System
The Mutual Assistance and Solidarity Clauses were formally introduced by the Lisbon Treaty in December 2009 and are now enshrined in Title V, Chapter II, Section 2 ‘Provisions on the common security and defence policy’, Article 42(7) of the Treaty on the European Union (TEU), and in Part V ‘External Action of the Union’, Title VII, Article 222 of the Treaty on the Functioning of the European Union (TFEU). Until now, they have only received limited attention from scholars and analysts, as well as from national governments and EU institutions. This may change in the near future as the European Council discussed in December 2013 the current status and possible future of the ‘Common Security and Defence Policy’ (CSDP) and the General Affairs Council should adopt a Council Decision on the implementation of the Solidarity Clause (‘Joint Proposal’) in June 2014.
These two clauses raise a number of questions regarding their scope and legal interpretation, their potential for further integration and their practical and technical implementation. Mutual assistance and solidarity are somehow closely related terms in European Union law. If we take a closer look at the current legal framework of the European Union we find several references to ‘solidarity’. Apart from the Preamble to the Treaty on the European Union (“DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions”5) there are several other references to ‘solidarity’ in primary law.
The Union “shall promote...
You are not authenticated to view the full text of this chapter or article.
This site requires a subscription or purchase to access the full text of books or journals.
Do you have any questions? Contact us.Or login to access all content.