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Foreign & security policy at EU level
Common Foreign and Security Policy (CFSP)
THE COMMON FOREIGN AND SECURITY POLICY (CFSP)
Under the ToL the intrinsic dualism of the EU’s foreign policy remains in that external action under the TFEU is conducted in accordance with the “EU method” and the CFSP is “subject to specific rules and procedures” (Article 24 TEU), i.e. the intergovernmental method. However, the ToL establishes new institutional arrangements and mechanisms aimed at enhancing the coherence and efficiency of EU external action. Innovations introduced by the ToL aimed at improving the coherence of EU foreign policy.
The main innovations are:
The creation of the post of the High Representative of the Union for Foreign Affairs and Security Policy (HR);
The establishment of the European External Action Service (EEAS);
The ability for the European Council to make determinations of “strategic interests and objectives” for all EU external action;
The creation of the post of the President of the European Council who exercises external representative responsibilities.
The Treaty of Lisbon - How much 'Constitution' is left? An Overview of the Main Changes
The Treaty of Lisbon Europe’s Next Step?
THE EU CHARTER AND ITS APPLICATION AND INTERPRETATION
The EU’s New Human Rights Dimension
Second Permissible Objective: Need to Protect the Rights and Freedoms of Others
Since there are many elements which could constitute ‘general interests’ it would appear that the second objective (rights and freedoms of others) would not become the biggest issue. But the first judgment in this respect shows that it is in particular in personal relationships that this objective might become relevant.77
EP after the Lisbon treaty: Bigger role in shaping Europe
THE EU CHARTER AND ITS APPLICATION AND INTERPRETATION
The EU’s New Human Rights Dimension
The Lisbon Treaty creates a new dimension of human rights protection within which the CFREU plays the most important role but within which it also has to be placed. The most important introductory provisions set out the framework of the Union as a whole.
In this context, it should be recalled, from the outset, that the Preamble of the TEU confirms the attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms (fourth recital), and specifically the fundamental social rights (fifth recital).30 Even more importantly, the ‘respect for human rights’ is a value on which the Union is based (Article 2 TEU) and one of the Union’s aims is to promote its values (Article 3(1) TEU). Within this framework, Article 6 TEU represents the core of human rights protection and its multilevel system. Paragraph 1 represents the most innovative dimension: the CFREU, which is made legally binding by having ‘the same legal value as the Treaties’. Paragraph 2 contains the obligation to accede to the ECHR31 and, finally as an own source of EU law (at least understood as a source of legal guidance)32-paragraph 3 recalls the principles already contained in ex-Article 6(2) EU according to which fundamental rights as guaranteed by the ECHR and as they result from the constitutional traditions common to the Member States shall constitute general principles of Union law.33
The European Union and Human Rights after the Treaty of Lisbon
The Lisbon Treaty and the Charter of Fundamental Rights of the European Union
The Process of Adoption of the Charter of Fundamental Rights
The First Convention and the Charter of Fundamental Rights
In this context, the European Council in Cologne in 1999 commissioned 23 a Draft Charter of Fundamental Rights of the European Union from a body composed of representatives of the Heads of State and Government and of the President of the Commission, as well as of members of the European Parliament and national parliaments, including representatives of the European Court of Justice as observers. Representatives of the Economic and Social Committee, the Committee of the Regions and social groups, as well as experts were given an opportunity to express their views. This body, constituted in December 1999, titled itself ‘the European Convention’ and was chaired by Roman Herzog. The objective was to present a Draft Charter at the European Council in December 2000, which would then be proposed to the European Parliament and the Commission. Together with the Council, they would then solemnly proclaim a European Charter of Fundamental Rights on the basis of the draft document.