The Process of Integration of the CFSP into the Evolving Constitutional Legal Order of the EU: Article 218 TFEU

Abstract

The article discusses intricacies of the EU decision-making in the area of EU external action, which despite the Treaty changes remains fragmented. The odd-one-out is still Common Foreign and Security Policy (CFSP) with its specific institutional and proce-dural arrangements, including the general requirement of unanimity. Article 40 TEU enables combining of non-CFSP and CFSP decision-making methods in the context of a single procedure of general application for conclusion of agreements. Although Treaty of Lisbon enhanced the position of the CFSP with a special protection of the unanimi-ty-voting rule, this is not reflected in the case law. Rather, by allowing for a displacement of the unanimity-voting rule laid down in Article 30(1) TEU by provisions of Article 218(8) TFEU, the Court of Justice of the EU endowed Article 218 TFEU with a special status of supraconstitutional nature that places it above the Treaties. While this facilitates further integration of the CFSP into the EU’s general legal order, it also entails risks that may lead to the weakening of the Union external action.

Keywords

• common foreign and security policy
• union’s external action
• article 218 tfeu
• article 40 teu
• legal basis
• decision-making procedures
• voting rules
• eu trea-ty-making
• institutional balance
• court of justice of the eu