Title Legal foundations of the eu common foreign and security policy: is the existing framework fit for purpose?
Translation of Title ES bendros užsienio ir saugumo politikos teisiniai pagrindai: ar egzistuojanti sąranga atitinka šios politikos srities paskirtį?
Authors Bobyk, Iryna
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Pages 79
Keywords [eng] European Union, EU law, Common Foreign and Security Policy, Common Security and Defence Policy, external actions, civil and military missions, procurement, military capabilities, army, diplomacy, foreign policy, legal framework, intergovernmental, crisis management, instruments, war, mutual solidarity, diplomacy, White Paper on European Defence – Readiness 2030, ReArm Europe
Abstract [eng] This work analyses Common Foreign and Security Policy of the European Union, established to maintain peace, prevent conflicts, create common stance in external affairs, fortify international security, foster an international system on effective multilateral cooperation. The main question of this Master’s Thesis is the following: does the existing framework fit for the purpose? We think that CFSP’s framework does not fit for the purpose it was created. The research has demonstrated that CFSP needs substantial reform. The legal framework based on which it is functioning seems to be imperfect. Unforthunately, there are a lot of flaws that slow down the process, when the quick and robust response to crisis is needed. It is especially essential in the current realities. Unanimity, absence of trivial legal acts, lack of legal review are hindrance on the way of successful crisis management. We noticed tthat the EU tries to circumvent legal procedure for CFSP by using traditional policies and TFEU. This is conducted to adopt important acts or decisions, actions that can be blocked by pro-Russian member states or countries that find that particular action unbeneficial for them. Still most of the members believe that making some sacrifice for the future of EU and defeating the enemy is not their job, because it is somewhere beyond the EU borders, but one day Russia can evade EU. It will not stop, so the EU must prepare in case war breaks out. The deep analysis confirms that unanimity is detrimental and retarding. One Member state can block any decision. Therefore, we suggest adopting QMV in CFSP. Furthermore, communitarizing CFSP would benefit and create opportunities to manage crisis well. Commission will be participating in CFSP and act fast. The Court of Justice will have jurisdiction and review some cases. For the purpose of CFSP and CSDP, we suggest creating united own EU army. Having analysed the scope of CFSP, we may conclude that it covers all areas of foreign policy, security and common defence policy. CFSP is associated with protection of EU territory, but its geographical scope is directed beyond EU borders.
Dissertation Institution Vilniaus universitetas.
Type Master thesis
Language English
Publication date 2026