The New Constitution for Europe: The European Union as a Global Actor

Abstract

Rome, October 29, 2004-the Treaty Establishing a Constitution for Europe was signed. One of its new and important features is its institutional strengthening of the Union's Common Foreign and Security Policy (CFSP) including the security and defence component through the establishment of the “double hated” European Foreign Minister.Already the founding fathers of the Union had envisioned a united and therefore internationally strong Europe. As usual in the history of European integration, the idea evolved slowly overcoming quite a few setbacks. After the milestone of the Treaty of Maastricht (1992) which founded the European Union and the CFSP, the 1999 Treaty of Amsterdam strengthened this new common policy and clarified its role. Procedurally the CFSP was made more effective through increased Qualified Majority Voting (QMV) and the creation of the office of the High Representative which gave a human face to this new common policy.Under the impression of the war in Kosovo where a NATO intervention cruelly demonstrated the EU's incapacity to enforce peace and security in its own backyard and the dissipating willingness of the United States to be the European peacemaker of last resort the EU was pushed to set up another new policy, the European Security and Defence Policy (ESDP).This paper analyses the latest development of CFSP as reflected in the Constitution for Europe. Has the European Constitution brought about an important change in the nature of the common policy or is it just another functional modification of the status quo with an ambitious name? Although the EU is finally granted legal personality, the treaty has not significantly increased the supranational element in foreign policy making—neither through pooling of sovereignty through the increase of qualified majority voting nor through the transfer of sovereignty to the European foreign ministers. Nevertheless, although both, the CFSP and ESDP, remain intergovernmental, the Constitution was another important step in shaping the common policy in a way which could enhance the Union's capacity to act effectively on the international scene. The Constitution is flexible, dynamic and has the potential to Europeanising national foreign policies—if Member States allow this to happen. Different speeds and endeavours will be able to move forward within the Union. Some Member States may be entrusted to perform a task within the Union framework as a group. In case of military capabilities fulfilling higher criteria and having made mutual binding commitments they may establish “permanent structured cooperation”. While this flexibility can be a useful tool to get a process started and to build up capacity, it will need vigorous steering to avoid disintegration rather than integration in the long run.Furthermore, the European Union has gained enhanced actor recognition in international politics. The Constitution does not only call for a fully fledged Union Minister for Foreign Affairs, but it also creates a European External Action Service (EEAS) —a European Diplomatic Service— as well as a European Defence Agency. In clarifying the institutional structure it makes the CFSP potentially more coherent and Europe could gain a clearer international profile. However, the new set-up does not respect the building principles of the Union in mixing the tasks of the Council with those of the European Commission through the at least double hatted EU Foreign Minister, who potentially is in competition with the President of the Union who is also entrusted with representing the Union at his/her level. Thus, institutional squabbling—in addition to the sword of Damocles of referenda in countries like the UK, France, Denmark, Sweden, the Czech Republic and Ireland—could endanger a project necessary to better equip the Union of 25 and the challenges ahead.Unfortunately, France and the Netherlands rejected the