4 Fighting Terrorism Through the Common Foreign and Security Policy

Abstract

This chapter discusses the contribution of Articles 43 TEU and 215 TFEU to the European Union's fight against terrorism. Three propositions are put forward about these two provisions: First, they formally confer new CFSP competences on the EU to combat terrorism. Secondly they contribute to the increasingly hybrid character of EU counterterrorism. Thirdly, they establish competences that are potentially more constraining on EU institutions and Member States and more constrained in their exercise than pre-Lisbon CFSP competences, given the increased integration of the old 'second pillar' with the EU constitutional order. Introduced into EU primary law by the Treaty of Lisbon, Article 43 TEU establishes an express competence to combat terrorism through the Common Security and Defence Policy (CSDP), whereas Article 215 TFEU confers a competence on the Union to adopt sanctions against non-state organisations and individuals, implicitly on the grounds of their association with terrorism. Keywords: Article 215 TFEU; Articles 43 TEU; CFSP; combat terrorism; counter terrorism; CSDP; EU institutions; EU primary law; European Union's fight against terrorism; Pre-Lisbon CFSP competences