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The Mutual Assistance and Solidarity Clauses

Legal and Political Challenges of an Integrated EU Security System

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Antonio-Maria Martino

The Mutual Assistance and Solidarity Clauses is the first comprehensive comparative analysis of two major innovations introduced by the Lisbon Treaty. Antonio-Maria Martino’s study focuses on the origins, scope, interpretation and technical aspects of both clauses, with a particular focus on the Solidarity Clause. He highlights the overlap between both provisions and the wide range of competences theoretically conferred upon the Union by the Solidarity Clause. The author also presents a critical outline of the negotiations with regard to the new Joint Proposal on the implementation of the Solidarity Clause by the Union, which will set out the framework for EU action in the event of a solidarity case.
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VI. Joint Proposal on the Implementation by the Union of the Solidarity Clause

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On 21 December 2012 the High Representative of the EU for Foreign Affairs and Security Policy and the European Commission issued their ‘Joint proposal for a Council Decision on the arrangements for the implementation by the Union of the Solidarity Clause’224 which aims to comply with paragraph (3) of Article 222. This provision of Article 222 TFEU requires the Commission and the High Representative to submit to the Council a proposal on the Union’s arrangements for implementing the Clause.

On the initiative of the Hungarian Presidency of the EU Council in the first half of 2011 and in accordance with the first 18-month programme of the Salzburg Forum225, the Article 71 TFEU Committee (COSI) started to first informally226 and then (under the Polish Presidency in the second half of that year) to formally discuss questions concerning the proper implementation of Article 222(3) TFEU. We may recall that initially the Commission and the High Representative had already planned to present a proposal on a draft ← 91 | 92 → Council Decision implementing the Solidarity Clause in 2010227. The first formal debate was held by CATS228 in its meeting on 6 October 2011229 in order to give guidance for the preparation of a broader debate which took place at a meeting of the members of the Political and Security Committee (PSC) and of the members of the Standing Committee on operational cooperation on internal security (COSI) on 14 December 2011.

VI.a. Content

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