Concept and nature of the Common Foreign and Security Policy (CFSP)
Die Common Foreign and Security Policy (CFSP) forms a central component of the spectrum of action of the European Union (EU). It is structured as a specific policy area alongside the remaining integrative fields of activity and falls under its own regulatory framework. The CFSP assigns a significant role to the coordination and development of a coherent foreign, security, and defense policy at the European level. Its aim is to safeguard common values, the fundamental interests, security, independence, and integrity of the EU.
Legal basis and development of the CFSP
Legal sources of the CFSP
The legal foundation of the Common Foreign and Security Policy is provided primarily by the Treaty on European Union (TEU). In particular, Articles 21 to 46 TEU constitute the key provisions. In addition, the Treaty on the Functioning of the European Union (TFEU) as well as relevant secondary legislation, apply.
The institutional origin of the CFSP lies in the Maastricht Treaty of 1992, which introduced the concept of the ‘three pillars.’ The CFSP constituted the second pillar, characterized by an intergovernmental approach. With the Treaty of Lisbon (2009), the pillar structure was abolished and foreign policy was integrated into the overall framework of the EU, although the specific decision-making and voting modalities were retained.
Principles, goals, and instruments
Key principles of the CFSP are the preservation of peace, the strengthening of international security, as well as the promotion of democracy, rule of law, and human rights (see Art. 21 para. 1 and 2 TEU). The actions of the EU within the framework of the CFSP follow specific guidelines and may be expressed through legal acts such as common positions, decisions, missions, and sanctions against third countries or non-state actors.
Institutional structures of the CFSP
European Council and Council of the European Union
The decisive principle for the CFSP is intergovernmental cooperation. The European Council lays down the guidelines and strategic objectives. The Council of the European Union acts as the main decision-making body. In the area of the CFSP, the Council meets in the composition of the foreign ministers or, if necessary, at the level of heads of state or government.
As a rule, the unanimity principle applies in the field of CFSP, although qualified majority voting is permissible for certain implementing actions (see in detail: Art. 31 TEU). The powers of other EU institutions are limited in the CFSP. The European Parliament possesses mainly supervisory and consultative rights.
High Representative of the Union for Foreign Affairs and Security Policy
The position created by the Treaty of Lisbon, the High Representative of the Union for Foreign Affairs and Security Policy (in short: High Representative pursuant to Art. 18 TEU) bears the main responsibility for the implementation and coordination of the CFSP and is appointed by the Council. He/she is also Vice-President of the European Commission and heads the European External Action Service (European External Action Service, EEAS).
Supporting bodies
Der Political and Security Committee (PSC) supports the work of the Council and prepares decision-making materials. In addition, military and civilian planning and operational bodies (e.g., EU Military Staff) are established.
Content structure of the CFSP
Common Security and Defence Policy (CSDP)
Die Common Security and Defence Policy (CSDP) forms an integral part of the CFSP (see Art. 42 TEU). It enables the conduct of civilian and military missions, so-called ‘Petersberg tasks’ such as conflict prevention, peacekeeping, and humanitarian aid operations. Fundamentally, the CFSP retains the character of cooperative collaboration among Member States; however, responsibility for national defense remains with the individual states in accordance with their sovereignty (Art. 42 para. 2 TEU).
In the context of the CSDP, instruments such as the Permanent Structured Cooperation (PESCO), which enhances collective development capabilities and operational readiness in the field of defense, exist.
Legal acts, sanctions, and decision-making procedures
The CFSP employs special legal acts, primarily ‘decisions’ as defined by the TEU (Art. 25 lit. b TEU). These range from the adoption of binding provisions on missions, sanctions, and diplomatic relations to positions in international organizations.
In particular, the imposition of restrictive measures (‘sanctions’) against third states, organizations, or individuals requires a specific procedure governed by primary EU law, which demands a unanimous decision by the Council.
Das European Court is generally not competent in the CFSP area (Art. 275 TFEU), except for actions against restrictive measures imposed on natural or legal persons.
Relationship to national sovereignty and parliamentary participation
The CFSP is characterized by the preservation of state sovereignty. Despite comprehensive coordination, Member States retain fundamental powers in external, security, and defense policy decisions. The unanimity requirement in the Council reflects this principle. For military operations, a Council decision is always required; national parliaments have influence on the mandating of missions depending on their constitution.
The European Parliament is involved through notification and consultation, but not through actual co-decision rights (Art. 36 TEU).
International integration and cooperation
The CFSP is designed for close cooperation with international organizations such as the United Nations, NATO, the OSCE, the Council of Europe, and other international partners. Fundamental foreign policy initiatives are often coordinated to enhance the effectiveness of measures and ensure joint action.
Conclusion
Die Common Foreign and Security Policy provides the legal and institutional foundation for the European Union to act as a unified political actor in the international community of states. The complex regulatory systems and multitude of participating institutions reflect the demanding balance between communal action and national sovereignty.
The CFSP is characterized by special decision-making rules, unique institutional structures, and a comprehensive legal and instrumental foundation. Despite ongoing integration, it remains an area in which the Member States retain key rights and responsibilities.
List of references and legal sources (selection)
- Treaty on European Union (TEU), in particular Art. 21 et seq.
- Treaty on the Functioning of the European Union (TFEU), in particular Art. 275
- Treaty of Lisbon, OJ EU 2007 C 306
- Website of the European External Action Service (EEAS)
- Tilman Rodenhäuser, The European Union’s Common Foreign and Security Policy, Juristische Schulung (JuS) 2017, pp. 531-536.
- TEU Commentary: Schwarze, EU-Kommentar, 4th ed. 2019
(The list can be continued as needed for an online legal lexicon or supplemented with specific literature references.)
Frequently asked questions
Which legal foundations govern the Common Foreign and Security Policy (CFSP) of the European Union?
The legal foundations of the Common Foreign and Security Policy (CFSP) are primarily enshrined in the Treaty on European Union (TEU), particularly in Articles 21 to 46, and additionally in the Treaty on the Functioning of the European Union (TFEU). The CFSP was introduced as an independent policy area for the first time with the Maastricht Treaty (1993) and was developed further—both in substance and in institutional terms—through subsequent treaties, above all the Treaty of Lisbon (2009). The CFSP is characterized by its special position as an intergovernmental pillar, in which decision-making authority remains largely with the Member States. The CFSP thus follows its own procedural rules, such as regarding the right of initiative, decision-making (mainly unanimity in the Council), and the role of the High Representative of the Union for Foreign Affairs and Security Policy. Its legal instruments are primarily decisions and joint positions, but not regulations or directives. The European Court of Justice’s powers of supervision and enforcement are clearly limited—in particular, substantive review of CFSP measures by the ECJ is generally excluded (Art. 275 TFEU).
Which bodies and institutions are legally responsible for implementing the CFSP?
The main responsibility for the CFSP lies with the European Council, which sets the strategic guidelines, and the Council of the European Union (Council). Implementation and coordination are the responsibility of the High Representative of the Union for Foreign Affairs and Security Policy, who is also Vice-President of the European Commission. Legally, the High Representative is assisted by a supporting European diplomatic body, the European External Action Service (EEAS). The European Commission—in contrast to most other EU policy areas—does not have the right of initiative in the CFSP, but can participate in the implementation of CFSP decisions (especially in sanctions and development cooperation). The European Parliament has primarily rights to information, consultation, and supervision, but no co-decision powers concerning the CFSP (Art. 36 TEU).
How is decision-making carried out in the CFSP on a legal basis?
Decision-making within the CFSP is based on intergovernmental logic and is essentially characterized by the principle of unanimity in the Council (Art. 24, 31 TEU). For certain decisions, qualified majority voting can be used, for example for the implementation of strategies that have already been adopted. The initiative for decisions can formally be taken by the High Representative or by any Member State. Unanimity means that every Member State has a right of veto. Only in exceptional cases—exhaustively listed in the Treaty of Lisbon—can there be a deviation from the unanimity rule (e.g., constructive abstentions). CFSP decisions are generally adopted as decisions, which are binding on Member States.
What legal restrictions exist regarding the ECJ’s supervision of the CFSP?
The ECJ’s supervision of the CFSP is legally very limited. Under Art. 275 TFEU, the ECJ has no jurisdiction over decisions taken in the context of the CFSP—except for actions against restrictive measures (such as sanctions) imposed on natural or legal persons. In these exceptional cases, the ECJ reviews the legality of the measures, in particular for compliance with fundamental rights and procedural safeguards. For other disputes, especially between Member States regarding CFSP decisions or measures, no judicial recourse is provided. This limitation underscores the independence and intergovernmental nature of the CFSP under the European legal framework.
To what extent is the CFSP subject to parliamentary oversight and accountability?
Parliamentary oversight of the CFSP rests primarily with the European Parliament, which has extensive rights to information and consultation (Art. 36 TEU). The High Representative is obliged to regularly and promptly inform Parliament about the main aspects and the basic choices of the CFSP and to take due account of Parliament’s inquiries and recommendations. Parliament may adopt resolutions which have political, but not legally binding, effects on the institutions. At the national level, the parliaments of the Member States also retain extensive rights to oversee the foreign and security policies of their governments, since decisions in these areas continue to preserve a high degree of national sovereignty.
What are the legal effects of CFSP decisions on Member States?
CFSP decisions of the Council are legally binding on the Member States (Art. 28, 29 TEU). Member States are required to shape their national foreign and security policy in line with these measures and to refrain from pursuing divergent political or military interests. However, they retain significant discretion in implementing these measures because the CFSP does not have direct effect in the sense of immediately applicable regulations and may require national implementing acts. For security and defense operations, such as missions under the Common Security and Defence Policy (CSDP), the consent of the states concerned is also required, underscoring the voluntary nature of participation.
How is the relationship between the CFSP and international law and existing international treaties legally regulated?
The CFSP is obliged to respect the principles and objectives of the Charter of the United Nations and international law (Art. 21 TEU). Legally, the EU is always embedded in existing international treaties and multilateral obligations to ensure coherence in foreign and security policy actions. CFSP decisions are therefore regularly examined for compatibility with the EU’s and its Member States’ existing international legal obligations. The EU may conclude international conventions and agreements within the framework of the CFSP, which requires the adoption of a decision by the Council on a proposal by the High Representative and after consulting the European Parliament. Implementation of such agreements follows the procedures provided for in the respective treaties, thereby ensuring the international legal character of CFSP actions.
