Legal and Political Challenges of an Integrated EU Security System
VII. Relation between Article 42(7) TEU and Article 222 TFEU
The Mutual Assistance Clause foresees that, if a Member State suffers armed aggression on its territory, its partners have an obligation to provide aid and assistance “by all their means in their power”, in accordance with Article 51 of the UN Charter. Article 42(7) TEU introduces an intergovernmental obligation for the Member States to provide aid and assistance on a national basis. It is, in the end, the individual Member State who decides how to provide assistance260. The Solidarity Clause is supranational in its remit and brings in a common obligation of the Union and the Member States. Contrary to the Solidarity Clause, the Mutual Assistance Clause only applies after armed aggression has taken place. No preventive elements can be derived from Article 42(7) TEU. The relationship between both clauses becomes, therefore, only relevant when a terrorist attack has taken place on the territory of a Member State.
There appear to be both clear differences and confusing similarities between the two Clauses. Differences are, among other things, that Article 42(7) applies to situations of ‘armed aggression’ against the territory of a Member State and is, therefore, geographically more limited than the Solidarity Clause. The Mutual Assistance Clause is purely intergovernmental in character and does not confer any role on the Union. An activation of Article 42(7) TEU does not require political coordination at the EU level261. “These differences should not obscure similarities between the two clauses, however. Both introduce binding commitments amongst...
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.