Horizontal Consistency in the European Union External Action

Table of Contents

Introduction

1. The Concept of Consistency

1.1. Consistency as a Legal Obligation under the EU Law – a Multi-layered Concept

1.2. Horizontal versus Vertical Consistency

2. Consistency and the Development of the European Union’s External Action

2.1. External Action prior to the Treaty of Lisbon

European Political Cooperation

Treaty of Maastricht and the Introduction of the Common Foreign and Security Policy

Delimitation of Competences between Pillars

The “Unity Thesis” – Relationship between the EC and EU Legal Orders

Consistency in External Action prior to Lisbon

2.2. External Action after the Treaty of Lisbon

2.2.1. Institutional Innovations brought about by the Lisbon Treaty

2.2.2. External action and the Unity of the EU legal order

2.2.3. Components of European Union External Action

3. Consistency in practice: Overlapping External Competences

4. The Duty of Consistency in EU External Action

4.1. Inter-institutional Consistency

4.2. Inter-policy Consistency

Conclusion

Research Objectives and Themes

This dissertation examines the European Union's efforts to enhance the coherence of its foreign policy, specifically focusing on the principle of horizontal consistency following the substantial reforms introduced by the Treaty of Lisbon. The research analyzes how the new legal and institutional framework addresses inter-institutional and inter-policy coordination, aiming to determine whether these changes have effectively reduced contradictions and promoted a more unified external action.

• The evolution of the "consistency" concept within EU law and its transformation into a legal obligation.
• Institutional innovations post-Lisbon, specifically the High Representative, the European External Action Service, and the President of the European Council.
• The impact of de-pillarization on the legal order and the unity of EU external action.
• Practical challenges in delineating external competences, illustrated through the European Neighbourhood Policy and economic sanctions.

Excerpt from the Book

Summary of Chapters

1. The Concept of Consistency: This chapter analyzes the multi-layered nature of consistency in EU foreign policy and distinguishes between vertical and horizontal dimensions of this principle.

2. Consistency and the Development of the European Union’s External Action: This chapter tracks the historical evolution of EU external action from the early period of European Political Cooperation to the comprehensive institutional reforms introduced by the Lisbon Treaty.

3. Consistency in practice: Overlapping External Competences: This chapter explores how overlapping competences persist in practice, utilizing the European Neighbourhood Policy and economic sanctions as primary case studies.

4. The Duty of Consistency in EU External Action: This chapter evaluates the inter-institutional and inter-policy dimensions of consistency, questioning whether the new framework has truly enhanced effectiveness and coherence.

Keywords

European Union, External Action, Lisbon Treaty, Horizontal Consistency, Inter-institutional Consistency, Inter-policy Consistency, High Representative, European External Action Service, CFSP, CSDP, Common Commercial Policy, Legal Order, Pillar Structure, Competence Delimitation, Coherence.

Frequently Asked Questions

What is the fundamental goal of this dissertation?

The dissertation aims to explore the European Union's objective to make its foreign policy more coherent and to analyze how consistency is practically achieved in the areas of inter-institutional and inter-policy cooperation following the Lisbon Treaty reforms.

What are the primary thematic areas covered in the analysis?

The study centers on the legal and institutional frameworks governing EU external action, the transition from the old pillar structure to the Lisbon framework, the specific role of new key actors, and the challenges of managing overlapping competences.

What is the core research question?

The work seeks to answer whether the revamped institutional and legal framework introduced by the Lisbon Treaty has effectively enhanced the consistency and the overall effectiveness of the Union’s external action.

What scientific methodology does the author employ?

The research adopts a legal-analytical approach, examining treaty provisions, evolving case law from the European Court of Justice, and academic commentary to assess the Union’s quest for legal and policy unity.

What does the main body of the work address?

The main body systematically analyzes the evolution of EU foreign policy, the new institutional architecture (High Representative, EEAS, President of the European Council), and provides practical illustrations of competence overlaps in policy areas such as sanctions and neighborhood policy.

Which keywords best characterize the work?

The work is defined by terms such as European Union, Lisbon Treaty, horizontal consistency, inter-institutional and inter-policy consistency, and the evolving legal nature of CFSP.

How does the Lisbon Treaty impact the “pillar structure”?

The Lisbon Treaty formally abolishes the hierarchical pillar structure, introduces a single legal personality for the EU, and attempts to create a more unified legal order, although CFSP retains a unique status subject to specific rules.

How does the author define the role of the High Representative?

The author describes the High Representative as a "double-hatted" institution, bridging the Council and the Commission to act as an overarching coordinator for all EU external policies, though the author highlights potential tensions in this mandate.

What role does the "centre of gravity test" play in this study?

The author discusses this test as a mechanism used by the Court of Justice to determine the correct legal basis for measures where policies might overlap, identifying the test's limitations in the context of complex, multi-objective external actions.