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Browsing by Subject "Common Foreign and Security Policy"

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  • Hard Power Europe: The Path to Weltpolitikfähigkeit 
    Karppinen, Olli (2022)
    In recent years, there have been increasing calls for greater European Union Weltpolitikfähigkeit - the ability to act cohesively in foreign policy. While the EU has made great strides towards cooperation in foreign policy, integration in this field remains relatively limited. To examine the potential for further integration, this thesis examines the current legal and institutional framework of the EU’s foreign policy governance, along with assessing its current capabilities for implementing it. The aim is to determine whether the current framework supports or impedes the development of Weltpolitikfähigkeit. Through examining the EU’s founding treaties, decision-making processes and institutions, this thesis finds that the EU has a robust, functional legal system to support decision-making and foreign policy contribution between Member States. The Union’s institutions are capable of supporting the EU’s Weltpolitikfähigkeit, but are subject to a number of issues which impede this development. The main conclusion is that while the legal and institutional infrastructure is in place, Member States need to do more in response to the challenges created by the emerging multipolar world. In particular, the Union needs to move from unanimity to Qualified Majority Voting in CFSP matters, improve the legitimacy of a Union level foreign policy by increasing democratic oversight by citizens, and double down security and defense cooperation. Through adopting these measures, the EU can be on the path towards building greater Weltpolitikfähigkeit.
  • Rethinking Sovereignty: Justiciability in the Common Foreign and Security Policy of the European Union from the Perspective of the Evolving Concept of Sovereignty in International Law 
    Björkholm, Lena (2016)
    The objective of this thesis is to show that the shift towards a widened jurisdiction by the CJEU in a broader perspective can be regarded as a concrete expression of the changing notion of sovereignty in international law. The thesis argues that recent decisions given by the CJEU through interpretation have created more adjudicative space for the Court, and that a representative group of legal scholars advocate for an enlarged jurisdiction of the CJEU within the area of the Common Foreign and Security Policy of the EU (CFSP). It also presents the direction in which sovereignty as a notion in international law has progressed in recent decades, which is argued to follow the trend of globalisation and in this context lead to a step away from the traditional Westphalian view to the benefit of international cooperation. The thesis navigates, first, international law in examining the notion of sovereignty. Thereafter it proceeds to assess the state of play of the external relations of the EU. This is done by presenting the regulatory framework within the area and the changes the area has seen due to the entry into force of the Treaty of Lisbon, as well as relevant recent case law. Lastly, an overview of a representational sample of academic articles addressing the shifting dynamic of justiciability within the CFSP is presented. The main finding of the research is that the jurisdiction of the CJEU indeed has been broadened in recent years. This shift was triggered by the changes in the Treaty law by the Treaty of Lisbon, and has subsequently been carried out through the case law of the CJEU. This development, alongside the opinions by the scholars, can be viewed as an example of the shifting sovereignty concept, which can be regarded as progressing away from the Westphalian understanding of the notion, to promote globalisation and international cooperation.

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