Legal and Political Challenges of an Integrated EU Security System
III. Models of the Mutual Assistance Clause
Article 42(7) of the Treaty on European Union provides that “[i]f a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter. This shall not prejudice the specific character of the security and defence policy of certain Member States. Commitments and cooperation in this area shall be consistent with commitments under the North Atlantic Treaty Organisation, which, for those States which are members of it, remains the foundation of their collective defence and the forum for its implementation”. The Mutual Assistance Clause has models such as the NATO treaty and the modified Brussels Treaty of 1954, which established the Western European Union (WEU), whereas the Solidarity Clause is a genuine innovation of the European Union.
III.a. Article V Western European Union
It is commonly assumed that Article 42(7) TEU has its origins in Article V of the modified Brussels Treaty of 1954, which established the Western European Union (WEU). Article V Brussels Treaty reads as follows:
“If any of the High Contracting Parties should be the object of an armed attack in Europe, the other High Contracting Parties will, in accordance with the provisions of Article 51 of the Charter of the United Nations, afford the Party so attacked all the military and other aid and assistance...
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