Mapping the Current Legal Basis and Governance Structures of the EU’s CFSP

By Viktor Szép & Ramses A. Wessel

The EU’s Common Foreign and Security Policy (CFSP) is subject to “specific rules and procedures” that seem to stand in the way of its effectiveness.

This Working Paper assesses the special legal nature of the CFSP and explores the legal possibilities to enhance decision-making procedures. It argues that current EU Treaties should not necessarily be amended to achieve better outcomes. In fact, the Treaty on European Union (TEU) provides for some “sleeping beauties” that have rarely been used.

In particular if there is (political) willingness, the Treaties enable the wider use of qualified majority voting in CFSP matters. Moreover, with the entry into force of the Lisbon Treaty, a group of willing Member States could also use enhanced cooperation, which enables the establishment of a new line of policy in CFSP matters.