The article elaborates on the significance of the duty of sincere cooperation as a legal principle in the Common Commercial Policy (CCP) of the European Union (EU), in particular as regards the... Show moreThe article elaborates on the significance of the duty of sincere cooperation as a legal principle in the Common Commercial Policy (CCP) of the European Union (EU), in particular as regards the relationship between the Union and its Member States. It argues that while the duty of sincere cooperation is a judicially enforceable duty vis-a-vis the Member States, it is losing some of its relevance in the context of the CCP. This is due to the fact that the Lisbon Treaty, as confirmed by the case law of the Court of Justice of the EU, expanded the scope of the CCP and clearly identifies it as an exclusive competence of the Union. Loyalty in the CCP, therefore, is mainly covered by the obligation to respect the exclusivity of the Union’s international powers in this area. While this does not equate to the disappearance of the Member States as actors in international economic governance, it does seriously constrain their leeway for autonomous action. In addition, the article applies this finding to a number of current developments surrounding the CCP. These include, firstly, the new Global Strategy for Foreign and Security Policy, which promotes the idea of a “joined-up” approach between different actors and policies; secondly, “Brexit” and the prospect of the United Kingdom negotiating new trade agreements of its own; thirdly, the position of the Member States in the WTO; and fourthly, the nature of the wave of new free trade agreements that the EU is negotiating and concluding. Show less
Buitelaar, T.; Larik, J.E.; Matta, A.; Vos, B. de 2016
Executive Summary In June 2016, High Representative Mogherini presented the EU’s new Global Strategy on Foreign and Security Policy (EUGS) to the European Council. With the Strategy now... Show moreExecutive Summary In June 2016, High Representative Mogherini presented the EU’s new Global Strategy on Foreign and Security Policy (EUGS) to the European Council. With the Strategy now finalized, attention needs to turn to its implementation in an environment mired by crises both within Europe and the wider world. In September 2016, The Hague Institute for Global Justice and Europe House—the European Parliament Information Office and the Representation of the European Commission in The Netherlands—organized an expert meeting and a public panel discussion, which inform the present document as a first appraisal of the Global Strategy. Focusing on three areas of particular salience in EU foreign policy—the EU as a security actor, developing rules-based global governance in new areas, and the ‘joined-up’ approach in pursuing the UN’s Sustainable Development Goals (SDGs)— the following recommendations for the implementation of the EUGS can be made: The EU as a security actor The EU needs a pragmatic and flexible approach in order to solve the crises around Europe and to improve its credibility in the short and long term, for example by using ad hoc coalitions. Moreover, a possible withdrawal of the United Kingdom from the EU could open up political space for deepened defense cooperation. The EU would need to find ways to make use of this political space in order to generate political will in the capitals for deepening defense cooperation. More broadly speaking, the EU should devise plans to connect with its citizens as a security actor and communicate the message that EU defense cooperation tangibly benefits the security of all citizens. Developing rules-based global governance Using the area of cyber governance as an example given its cross-cutting importance, the EU should fully embrace the role of ‘agenda-shaper, connector, coordinator and facilitator within a networked web of players’ by investing in multistakeholder initiatives and, together with the Member States, showing coordinated political leadership in this area. The EU, furthermore, needs to take its internal normative innovations (such as the “right to be forgotten”) to the global stage, where they can serve as inspiration to other actors. It should also use regional approaches and coalitions of like-minded countries as building blocks for working towards a global consensus. In addition, the EU should bolster its credibility as a cyber power by capacity-building, both within the EU Member States and third countries, to fight criminal activities and strengthen cooperation between law enforcement agencies. Capacity-building as part of a ‘joined-up approach’ in the case of the SDGs For SDGs to be progressively realized through ‘joined-up’ EU action, they need to be translated and concretized into measurable goals, which should be pursued through already existing policies and strategies and be taken into account during the framing of new ones. Moreover, the EU should invest, in tandem with the Member States, in communicating to the public that the SDGs are a global commitment with implications, both positive and negative, in the daily lives of citizens. For the EU, the most important next step is to translate the EUGS into prioritized and coherent sub-strategies with a view to maintaining the SDGs as a central element of the follow-up of the EUGS. The Global Strategy will remain the core guidance for EU external action for years to come. However, the period until the first yearly progress report in June 2017 will be crucial for establishing the traction and first concrete results produced by the Strategy. As the calendars of the EU institutions and Member State policymakers are filling up with more milestones for its implementation, existing sectorspecific strategies will be updated and new ones developed. Implementing the Global Strategy will be a momentous endeavor by any standard, both for the EU and its Member States. How well they will work together, use their resources, build political momentum and voice their common message will ultimately determine the role of the EU in the world. Show less
On 8 and 9 December 2015, The Hague Institute for Global Justice, in collaboration with the Ministry of Foreign Affairs of the Netherlands, organized both a public high-level discussion and a... Show moreOn 8 and 9 December 2015, The Hague Institute for Global Justice, in collaboration with the Ministry of Foreign Affairs of the Netherlands, organized both a public high-level discussion and a closed expert consultation on the EU’s forthcoming Global Strategy on Foreign and Security Policy. The events focused on how the Union and its Member States can promote a rules-based international system and effective multilateral institutions in a rapidly changing environment marked by numerous crises and challenges. The high-level discussion on the morning of 8 December featured keynote addresses from the Minister of Foreign Affairs of the Netherlands, Bert Koenders, and the High Representative of the Union for Foreign Affairs and Security Policy, Federica Mogherini. The high-level discussion also served as a prelude to the subsequent expert consultation, which was carried out according to the following methodology. The participants in the consultation were selected from among leading experts in EU foreign policy, global governance, European and international law, and multilateral diplomacy. Reflecting a diverse and representative set of stakeholders and professional perspectives, the experts came from think tanks, academia, international organizations, NGOs, and the private sector. Particular attention was paid to ensuring gender balance and including external perspectives from emerging powers and key partners of the EU, such as Brazil, Russia, India, China, and Nigeria. In the course of several breakout sessions and plenary discussions, the participants elaborated on the themes of: the EU’s role in developing the international legal order, promoting effective multilateral institutions, and engaging non-state actors in tackling the most pressing global challenges (see Annex I for the program). The expert consultation, held under the Chatham House Rule, was preceded by an e-consultation, which ran from mid-November and included a wider circle of experienced international specialists, as well as younger, emerging experts and youth representatives from diverse disciplines and professions (see Annex II for the summary of the econsultation). The Ministry of Foreign Affairs of the Netherlands, working together with a number of like-minded Member States, such as Romania and Austria, can draw on the output of the high-level discussion and the expert consultation to contribute to the discussion on the new EU Global Strategy. Show less
Diverse assessments of the EU's role in global governance suggest a great need for dependable and justifiable benchmarks. This chapter argues that constitutional foreign policy objectives are an... Show moreDiverse assessments of the EU's role in global governance suggest a great need for dependable and justifiable benchmarks. This chapter argues that constitutional foreign policy objectives are an important source for such benchmarks — for conceptual, empirical, and normative reasons. Conceptually speaking, global governance is an inherently rule-oriented as well as goal-oriented concept. Empirically, such substantive global governance goals can be found today in many constitutions, including those of the rising powers of the emerging multipolar world. EU primary law post-Lisbon is part of this trend, but also goes further. Next to an extensive collection of substantive objectives, it also puts a distinctive emphasis on law as an essential ingredient of its foreign policy and consequently of its vision for global governance. From a normative point of view, the peculiar features pertaining to constitutional law as a source for global governance guidance, as opposed to policy documents or other law, appear at first sight as problematic. In particular for the EU, facing the challenge of ‘relative decline’ in a multi-polar world, entrenching such an ambitious agenda in its highest laws may appear as audacious wishful thinking. On closer inspection, however, these particular features reveal the true value of the constitutional codification of a global governance agenda. Show less