WESTMINSTER INTERNATIONAL UNIVERSITY IN TASHKENT

Module Name: European Union Trade Law

Module Leader: Davron Abdigapparov

Student ID: 00013770

Word Count: 2089

Contents
Introduction ............................................................................................................................................... 2
Definition and Purpose of CFSP .............................................................................................................. 2
CFSP as “extraordinary” by its nature. .................................................................................................. 4
Comparison with EU Common Policies .................................................................................................. 5
Challenges and Criticism of CFSP ........................................................................................................... 7
Recent Developments and Future Prospects ........................................................................................... 8
Conclusion ................................................................................................................................................. 9
Bibliography ............................................................................................................................................ 10

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Introduction
The Common Foreign and Security Policy (CFSP) is a critical component of European Union
(EU) government, with the goal of encouraging member states to work together on global
issues1. It includes diplomacy, crisis management, and security cooperation, reflecting the EU's
aim2 for collective action on a global scale3.
This study presents a thorough analysis of the CFSP's significance and consequences for
European integration and global governance, highlighting the importance of collaborative action
in dealing with today's difficult challenges in the given different parts of the research.

First, the research` investigates the CFSP's essence, objectives, and operational processes,
emphasizing its unique role in balancing different national interests in international affairs and
security. Second, by comparing it to other EU common policies such as the Common
Agricultural Policy4 and the Single Market, this essay highlights its intergovernmental nature and
emphasis on global concerns. Third, the study also examines the CFSP's problems, such as
institutional restrictions and criticisms of its effectiveness and democratic accountability. Finally,
the research indicates recent trends such as initiatives to strengthen defense cooperation and
respond to global crises, while noting the need for adaptation and reform in a constantly shifting
geopolitical scenario5.

Definition and Purpose of CFSP

Based on provisions in Title V of the Treaty on the European Union (TEU)6, the Common
Security and Defence Policy (CFSP) is a component of the External Action and Common
Foreign and Security Policy of the European Union7. It depends on intergovernmental

1
Wolfgang Wessels and Franziska Bopp, ‘This Paper Falls within CHALLENGE -the Changing Landscape of
European Liberty and Security -a Research Project Funded by the Sixth Framework Programme of the European
Commission’s Directorate-General for Research (Www.libertysecurity.org). CHALLENGE Seeks to Facilitate a
More Responsive and Responsible Assessment of Rules and Practices of Security. It Examines the Implications of
These Practices for Civil Liberties, Human Rights and Social Cohesion in an Enlarged the Institutional Architecture
of CFSP after the Lisbon Treaty - Constitutional Breakthrough or Challenges Ahead? An Integrated Project
Financed by the Sixth EU Framework Programme’ (2008) <http://aei.pitt.edu/9403/2/9403.pdf> accessed 20
February 2024.
2
European Parliament, ‘Foreign Policy: Aims, Instruments and Achievements | Fact Sheets on the European Union |
European Parliament’ (Europa.euApril 2019) <https://www.europarl.europa.eu/factsheets/en/sheet/158/foreign-
policy-aims-instruments-and-achievements> accessed 21 February 2024.
3
European Commission, ‘Common Foreign and Security Policy’ (fpi.ec.europa.eu2020)
<https://fpi.ec.europa.eu/what-we-do/common-foreign-and-security-policy_en> accessed 20 February 2024.
4
European Commision, ‘Common Agricultural Policy’ (agriculture.ec.europa.eu2021)
<https://agriculture.ec.europa.eu/common-agricultural-policy_en> accessed 20 February 2024.
5
Ramses A Wessel and others, ‘The Future of EU Foreign, Security and Defense Policy: Assessing Legal Options
for Improvement’ (2020) 26 European Law Journal 371.
6
Articles 21-46, TEU
7
Art 24(1), TEU

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collaboration and needs each member state's consent in unanimity8. Although they still have a
supporting function, the European Parliament and European Commission are becoming more
significant9. According to Article 21 of the Treaty on the European Union, the CFSP strives to
maintain peace, boost international security, encourage collaboration with third countries, build
democracy and the rule of law, and respect human rights10. The EU maintains alliances and
political conversations with key international actors, convenes frequent summits with strategic
partners, and organizes numerous meetings with other countries and regional groups across
continents11.
The fundamental goal of the CFSP is to coordinate EU member states' foreign and security
policy, therefore increasing their combined voice and impact in the international arena 12. The EU
aspires to advance its interests and values, foster discussion and cooperation, and address cross-
national challenges through concerted action and common stances13.

Furthermore, the CFSP acts as a means of extending the EU's commitment to democracy, human
rights, and the rule of law beyond its borders14. Through political discussion, diplomatic
involvement, and assistance for democratic transitions, the EU tries to foster peace, prosperity,
and respect for fundamental freedoms in regions plagued by authoritarianism, instability, and
violence15.
Beyond its diplomatic efforts, the CFSP addresses a wide range of security issues, from terrorism
and organized crime to cybersecurity and hybrid threats16. The EU aims to strengthen collective
resilience and improve security both within and outside its borders through concerted efforts in
intelligence sharing, law enforcement collaboration, and capacity building17.

8
Art 24(1) para [2], TEU
9
SWP, ‘The EU Common Foreign and Security Policy’ (Stiftung Wissenschaft Und Politik (SWP)2022)
<https://www.swp-berlin.org/en/topics/dossiers/the-eu-common-foreign-and-security-policy> accessed 20 February
2024.
10
Art 21(2b), TEU
11
Art 21(3), TEU
12
Art 21(2e), TEU
13
Art 21(2h), TEU
14
Art 11, TEU
15
Art 21(2c), TEU
16
European Union, ‘Foreign and Security Policy’ (european-union.europa.eu2021) <https://european-
union.europa.eu/priorities-and-actions/actions-topic/foreign-and-security-policy_en> accessed 22 February 2024.
17
ibid 16

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CFSP as “extraordinary” by its nature.

According to Article 3 TEU, the Union has a "single institutional framework" and is charged
with maintaining continuity in its foreign policies, a duty shared by the Council and the
Commission18.
The first “extraordinary” status of CFSP in the EU is its intergovernmental decision-making19.
The European Commission and the European Parliament, among other supranational institutions,
are involved in the decision-making process for many other EU policies, while the main means
of operation for the CFSP is intergovernmental collaboration among member states20. This
reflects a special degree of sovereignty-sharing whereby EU nations decide jointly on foreign
and security issues. The decisions of CFSP are made according to the votes (unanimous) of all
member states21. For example, the new Declaration No. 1422 further emphasizes that the CFSP
rules "do not give new powers to the Commission to initiate decisions nor do they increase the
role of the European Parliament". The policy is still legally based on a unique set of provisions,
as stated in Art. 24 TEU, which establishes that "the common foreign and security policy is
subject to specific rules and procedures"23.

Secondly, international relations, defense, and diplomacy are among the fundamental features of
national sovereignty that are impacted by foreign policy24. In order to achieve shared goals,
member states of the CFSP are obliged to coordinate their frequently different foreign policy
priorities and show that they are prepared to give up some autonomy in this delicate area25.
Because of this feature, the CFSP stands out in the EU's policy framework.
The CFSP addresses a wide range of security issues, including terrorism, regional conflicts,
nuclear proliferation, and cybercrime26. Responding to these complex and changing concerns

18
Art 3, TEU
19
Koen Lenaerts, Piet Van Nuffel and Tim Corthaut, ‘CFSP Decision-Making’ (2021) 5 EU Constitutional Law
587.
Eava Pavy, ‘Intergovernmental Decision-Making Procedures | Fact Sheets on the European Union | European
20

Parliament’ (www.europarl.europa.eu2023)
<https://www.europarl.europa.eu/factsheets/en/sheet/9/intergovernmental-decision-making-procedures> accessed 20
February 2024.
21
Art 22(2), TEU
EU Lex, ‘EUR-Lex - 12016L/AFI/DCL/14 - EN - EUR-Lex’ (Europa.eu2016) <https://eur-lex.europa.eu/legal-
22

content/EN/TXT/?uri=CELEX%3A12016L%2FAFI%2FDCL%2F14> accessed 23 February 2024.

23
Art 24(1), para [2] TEU
24
Ramses Wessel, ‘General Principles in EU Common Foreign and Security Policy’ (2023)
<https://www.utwente.nl/en/bms/pa/archive/research/wessel/wesselconf18.pdf>.
25
Conseil Ue, ‘PUBLIC LIMITE EN’ (2021)
<https://www.eumonitor.eu/9353000/1/j4nvgs5kjg27kof_j9vvik7m1c3gyxp/vjvi7f01rkvd/f=/10549_15.pdf>
accessed 26 February 2024.
26
Art 24(1), TEU

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requires tight coordination and cooperation across EU member states, making the CFSP a unique
and complicated policy arena. For instance, following the terroristic attacks in Europe, including
those in Paris in 2015 and Brussels in 2016, the EU27 the only policy European Union initiated
was CFSP, through calling the armed forces28. Moreover, concerning the nuclear power issues,
which is not organized by neither of the EU’ policies, or the EU itself. The Treaty on the Non-
Proliferation of Nuclear Weapons (NPT)29 and other nuclear non-proliferation treaties are
promoted by the CFSP, which tackles nuclear proliferation concerns and nuclear disarmament
initiatives.
Furthermore, the EU aspires to play a substantial role in global affairs, supporting peace,
stability, and human rights globally. The CFSP serves as a major mechanism for realizing these
goals, allowing the EU to speak with one voice on the world stage, project its beliefs and
priorities, and contribute to global conflict resolution and crisis management efforts30. A
prominent example is the European Union's (EU) role in mediating the Iran nuclear deal, also
known as the Joint Comprehensive Plan of Action (JCPOA) 31, in which the CFSP of EU was
instrumental in securing an agreement that prevented Iran from acquiring nuclear weapons.

These factors indicate the Common Foreign and Security policy as an “extraordinary” and vital
pillar in European Union, organizing all of both external and internal affairs, including security
and diplomatic importance of EU around the world.

Comparison with EU Common Policies

Member states retain considerable authority over issues pertaining to foreign and security policy,
and the CFSP is mostly run through intergovernmental decision-making. Generally, decisions
made by the CFSP require agreement from all member nations 32. For example, the

27
European Council, ‘EU Fight against Terrorism - Consilium’ (Europa.eu2017)
<https://www.consilium.europa.eu/en/policies/fight-against-terrorism/> accessed 20 February 2024.
28
Christian Hartman, ‘Grounds for Concern’ (Human Rights Watch3 November 2016)
<https://www.hrw.org/report/2016/11/03/grounds-concern/belgiums-counterterror-responses-paris-and-brussels-
attacks> accessed 23 February 2024.
29
United Nations, ‘Treaty on the Non-Proliferation of Nuclear Weapons (NPT) – UNODA’ (United Nations Office
for Disarmament Affairs2023) <https://disarmament.unoda.org/wmd/nuclear/npt/> accessed 23 February 2024.
30
José Manuel and Durão Barroso, ‘Speaking with One Voice: Defining and Defending the European Interest’
(2010)
<https://ec.europa.eu/commission/presscorner/api/files/document/print/en/speech_10_21/SPEECH_10_21_EN.pdf>
accessed 23 February 2024.
31
Kali Robinson, ‘What Is the Iran Nuclear Deal?’ (Council on Foreign Relations27 October 2023)
<https://www.cfr.org/backgrounder/what-iran-nuclear-deal> accessed 23 February 2024.
32
Art 24, TEU

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implementation of sanctions against Russia33 and Iran34 was made unanimous agreement among
all EU member states, under the conception of CFSP.
On the other hand, many other common policies inside the EU, such the Single Market and the
Common Agricultural Policy (CAP), take a more supranational approach, with the European
Commission and the European Parliament frequently being given the power to make decisions35.
In order to harmonize product standards or remove trade barriers within the Single Market36, the
European Commission drafts proposals, which are then reviewed and amended by the European
Parliament and Council. Finally, legislation is adopted by both institutions by means of a
majority vote37.

To advance shared interests and values on the international scene, the CFSP aims to coordinate
the foreign and security policies of EU member states38. It includes issues as defense
cooperation, crisis management, diplomacy, and preventing conflicts 39. EU Battlegroups, which
are designed to be rapidly adaptable for crisis response operations such as conflict prevention,
peacekeeping, and humanitarian assistance missions, demonstrate how the CFSP facilitates
member states' collaborative efforts to address security challenges and promote stability both
within and outside of Europe.
Other common policies of the EU usually target certain economic domains or regulatory
structures within the EU, like trade, competition, agriculture, and fisheries. They frequently seek
to promote market integration, harmonize regulations, and guarantee fair competition inside the
EU's internal market40. For example, The EU's Single Market and Customs Union are critical to
its economic integration, supporting the free movement of goods, services, capital, and people

33
European Council, ‘EU Sanctions against Russia Explained’ (Council of the European Union14 April 2023)
<https://www.consilium.europa.eu/en/policies/sanctions/restrictive-measures-against-russia-over-ukraine/sanctions-
against-russia-explained/> accessed 22 February 2024.
34
Reed Smith LLP, ‘IRAN: EUROPEAN UNION and UNITED KINGDOM SANCTIONS Who Do the EU
Sanctions Apply To?’ (2021) <https://www.swedishclub.com/uploads/2024/01/EU_UK-Sanctions-on-Iran-
September-2021.pdf> accessed 26 February 2024.
35
Alan Greer and Thomas Hind, ‘Inter-Institutional Decision-Making: The Case of the Common Agricultural Policy’
(2012) 31 Policy and Society 331.
36
Senedd Cymru and Gwasanaeth Ymchwil, ‘The EU Single Market’ (2020)
<https://business.senedd.wales/documents/s104692/The%20EU%20Single%20Market%20-
%20a%20paper%20from%20Dr%20Kathryn%20Wright%20-%2028%20August%202020.pdf> accessed 20
February 2024.
37
Tania Lațici, ‘Qualified Majority Voting in Foreign and Security Policy Pros and Cons SUMMARY’ (2021)
<https://www.europarl.europa.eu/RegData/etudes/BRIE/2021/659451/EPRS_BRI(2021)659451_EN.pdf> accessed
22 February 2024.
38
Art 42, TEU
39
Art 24(2c), TEU
40
Department of Foreign Affairs, ‘Common Policies - Department of Foreign Affairs and Trade’
(Www.dfa.ie2017) <https://www.dfa.ie/our-role-policies/ireland-in-the-eu/common-policies/> accessed
23 February 2024.

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between member states. These policies enable trade, foster economic cooperation, and increase
the worldwide competitiveness of European enterprises, all while lowering tariffs and customs
obstacles across member states.

The main focus of the CFSP is on global issues and foreign relations, including terrorism, human
rights abuses, and international wars. Its main goal is to project EU values and influence outside
of its borders41.

However, the majority of other EU common policies are mostly concerned with sector-specific
matters, regional development within the EU, or internal market regulation. Although they might
have an exterior component, like trade or environmental cooperation, their main effect is felt
within the internal market of the EU42. For instance, the Common Fisheries strategy43 is an EU-
wide strategy aimed at managing fisheries resources, guaranteeing sustainable fishing practices,
and encouraging economic sustainability in the fishing industry. While the CFSP may have
impacts for international fisheries agreements and cooperation with non-EU nations, its principal
influence occurs inside the EU's internal market and among its fishing fleet.

Challenges and Criticism of CFSP

Balancing the disparate national interests of EU members is one of the main issues facing the
CFSP. Reaching a consensus on certain foreign policy areas can be challenging since different
nations may have different political considerations, historical links, and preferences 44. Following
Russia's annexation of Crimea in 201445, for instance, reaching an agreement on the EU's
reaction46 proved difficult due to divergent national interests among member states. Some argued

Auswärtiges Amt, ‘The Common Foreign and Security Policy (CFSP)’ (German Federal Foreign Office2022)
41

<https://www.auswaertiges-amt.de/en/aussenpolitik/europe/-/228280> accessed 22 February 2024.

C Eckes, ‘UvA-DARE (Digital Academic Repository) the Common Foreign and Security Policy and the Rest: A
42

Difference in Nature?’ (2015) <https://pure.uva.nl/ws/files/2609068/177444_SSRN_id2617226.pdf> accessed 23

February 2024.

European Commission, ‘Common Fisheries Policy (CFP)’ (oceans-and-fisheries.ec.europa.eu2023)

43

<https://oceans-and-fisheries.ec.europa.eu/policy/common-fisheries-policy-cfp_en> accessed 23 February

2024.
EI, ‘EU’S CFSP GLOBAL CHALLENGES | International Policy Review’ (Reinventing Higher
44

Education19 June 2019) <https://ipr.blogs.ie.edu/2019/06/19/is-the-european-unions-common-foreign-

and-security-policy-cfsp-adequately-designed-to-respond-to-current-global-challenges/> accessed 23
February 2024.

Lauri Mälksoo, ‘The Annexation of Crimea and Balance of Power in International Law’ (2019)
45

30 European Journal of International Law 303.

S Sena Türkdoğan, ‘Walking a Tightrope: Turkey between the EU and Russia in the Crimea Crisis’ (2023) 20
46

Uluslararası İlişkiler / International Relations 67 <https://www.jstor.org/stable/27257939> accessed 23 February

2024.

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for severe sanctions, while others, particularly those with significant economic links, were
hesitant.

Moreover, the intergovernmental decision-making procedure of the CFSP, in which major policy
choices must have unanimous consent from all member states is also another challenge of
CFSP47. The reason is that delays of Member state’s consent may lessen the impact of the EU's
foreign policy response. In 2015-2016, the EU encountered obstacles in dealing with the migrant
crisis, including conflicts over burden-sharing, resettlement quotas, and border control
measures48. This resulted in delays in decision-making, underlining the difficulties of the CFSP's
intergovernmental decision-making process, notably the suggestion of obligatory refugee limits.

Critics contend that the CFSP has had difficulty establishing the EU as a reliable and significant
player in international affairs. The EU's efficacy in the international arena has come under
criticism due to the inconsistent application of CFSP decisions, fragmented responses to
international crises, and weak policy consistency across many foreign and security policy
domains49. For instance, The European Union's handling of the Syrian civil war has come under
fire for what is seen as its incoherence and ineffectiveness 50. Even while the EU has condemned
violations of human rights and offered humanitarian help to Syrian refugees51, it has been
difficult for the EU to come to a consensus on important matters like military action, arms
embargoes, and backing for opposition organizations52.

Recent Developments and Future Prospects

The European Union (EU) member states have been pushing for more defense cooperation in
recent years53. Examples of such efforts are the European Defense Fund (EDF) with a budget of

47
Sandro Gozi, ‘WORKING DOCUMENT on Overcoming the Deadlock of Unanimity Voting Committee on
Constitutional Affairs Rapporteur: Sandro Gozi’ (2019)
<https://www.europarl.europa.eu/cmsdata/233740/AFCO%20Working%20Document%20on%20Overcoming%20th
e%20Deadlock%20of%20Unanimity%20Voting.pdf> accessed 23 February 2024.
48
Linda Peters, Peter-Jan Engelen and Danny Cassimon, ‘Explaining Refugee Flows. Understanding the 2015
European Refugee Crisis through a Real Options Lens’ (2023) 18 PLOS ONE
<https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10118136/#:~:text=In%202015%20the%20European%20refugee,
ethnic%20conflict%20or%20economic%20hardship.> accessed 22 February 2024.
49
“Consistency” and the CFSP: A Categorization and Its Consequences’ (2021)
<https://www.lse.ac.uk/international-relations/assets/documents/efpu/publications/EFPUworkingpaper2001-3.pdf>
accessed 26 February 2024.
50
EU Relations, ‘The European Union and Syria | EEAS Website’ (www.eeas.europa.eu29 July 2021)
<https://www.eeas.europa.eu/syria/european-union-and-syria_en?s=209> accessed 23 February 2024.
51
Evanthia Balla, ‘The European Union’s Response to the Syrian Refugee Crisis’ (E-International Relations22 April
2023) <https://www.e-ir.info/2023/04/22/the-european-unions-response-to-the-syrian-refugee-crisis/> accessed 23
February 2024.
52
Marc Pierini, ‘IN SEARCH of an EU ROLE in the SYRIAN WAR’ (2023)
<https://carnegieendowment.org/files/CP_284_Pierini_Syria_Final.pdf> accessed 23 February 2024.
53
ibid (34)

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€7.9 billion for 2021-202754, and Permanent Structured Cooperation (as of 2021, 25 EU
countries participate in PESCO)55. These initiatives seek to improve crisis response capabilities,
foster cooperation within the defense sector, and strengthen EU security.
The EU is using its political and financial capabilities to combat the COVID-19 pandemic and
climate change, with programs such as Team Europe vaccine distribution and the Green Deal.
The EU offers vaccines and financing for global immunization programs through COVAX
facilities and bilateral support56. The European Green Deal seeks to encourage sustainable
economic practices, renewable energy, and a carbon-neutral transition57.
The EU is tackling the migration and refugee issue by concentrating on the core causes, boosting
border control, and increasing collaboration with partner nations. For example, the EU-Turkey
Statement of 2016 sought to control migration flows from Turkey to the EU and minimize
irregular migration58.
The election of a new US administration has revitalized transatlantic relations and renewed EU-
US collaboration on common issues such as climate change, trade, and security59. The EU-US
Summit in June 2021 indicated a renewed relationship between the EU and the United States,
reiterating agreements on common goals such as climate change, global health, and digital
governance60.

Conclusion
Finally, the Common Foreign and Security Policy (CFSP) is a distinctive and essential part of
European Union governance, permitting joint action on global issues while promoting EU values
and interests across the world. Despite problems such as intergovernmental decision-making and
critiques of effectiveness, recent projects indicate a commitment to enhancing defence
cooperation, dealing with emergencies, and tackling in global concerns such as the COVID-19

54
European Commision, ‘The European Defence Fund (EDF)’ (defence-industry-space.ec. europa.eu2022)
<https://defence-industry-space.ec.europa.eu/eu-defence-industry/european-defence-fund-edf_en> accessed 22
February 2024.
55
https://researchbriefings.files.parliament.uk/documents/CBP-9058/CBP-9058.pdf
56
European Council, ‘EU’s International Solidarity during the COVID-19 Pandemic’
(www.consilium.europa.eu2023) <https://www.consilium.europa.eu/en/policies/coronavirus/global-solidarity/>
accessed 23 February 2024.
57
Constanze Fetting, ‘THE EUROPEAN GREEN DEAL’ (2020)
<https://www.esdn.eu/fileadmin/ESDN_Reports/ESDN_Report_2_2020.pdf> accessed 23 February 2024.
58
Studi Ricerche, Serena Baldin and Moreno Zago, ‘BIBLIOTECA DELLA SOCIETÀ APERTA Europe of
Migrations: Policies, Legal Issues and Experiences Edited By’ (2017)
<https://iris.luiss.it/bitstream/11385/176096/1/Cherubini.pdf> accessed 26 February 2024.
59
European Parliament, ‘New US President: How EU-US Relations Could Improve’ (Topics | European
Parliament14 January 2021) <https://www.europarl.europa.eu/topics/en/article/20210107STO95113/new-us-
president-how-eu-us-relations-could-improve> accessed 23 February 2024.
60
Consilium Europa, ‘EU-US Summit, Brussels, 15 June 2021’ (www.consilium.europa.eu2023)
<https://www.consilium.europa.eu/en/meetings/international-summit/2021/06/15/> accessed 23 February 2024.

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pandemic and climate change. As the EU adjusts to a changing geopolitical landscape and
attempts to strengthen its influence on the international stage, the CFSP is crucial for fostering
peace, security, and cooperation.

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