CFSP Institutional Machinary and Decision-Making Procedures at a Crossroads

Abstract

The EU is currently facing an unprecedented number of external challenges. The Russian invasion of Ukraine, the war in Gaza, the situation in Syria, and Donald Trump's return to power in the US are among the most significant threats to the EU's influence on the international stage. Against this backdrop, there is a growing call for the EU to bolster its geopolitical influence by taking targeted action in several key policy areas, including the Common Foreign and Security Policy (CFSP). The institutional machinery and decision-making procedures of the CFSP are often presented as suffering from severe limitations compared with other, more integrated policy areas. Over the last two decades, the CFSP has undergone a remarkable process of 'normalisation', largely thanks to the Court of Justice's role. However, when it comes to decision-making, CFSP remains highly dependent on the political will of the Member States. Defining and implementing common positions and actions can prove to be a difficult task. Although the functioning of the Common Foreign and Security Policy (CFSP) has been studied from legal and political perspectives, the international context and certain recent institutional and discursive developments call for an in-depth analysis of the CFSP machinery. In an unstable and insecure geopolitical context, there has recently been debate about whether the weaknesses of the CFSP should be addressed by amending the treaties or making better use of them. While many Member States consider this inappropriate at this stage, others favour introducing substantive changes to strengthen the CFSP's effectiveness in the face of today's many challenges. This panel will examine various aspects of the institutional functioning of the CFSP, from decision-making at the Council to the strengthening of the role of supranational institutions, including ad hoc forms of cooperation and developments outside the CFSP (but related to it). By combining law and politics, the contributors will explore how the CFSP operates, how it has evolved recently and what has remained unchanged. This will provide a better understanding of the factors behind these developments and the obstacles encountered in a context of crises and external challenges.

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