MIME-Version: 1.0 Content-Location: file:///C:/5C634AC1/ARTICLE13a.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 13a]

COMMON FOREIGN AND SECURITY POLICY:

NEW FOREIGN MINISTER MEANS EU DICTATORSHIP

OVER ALL FOREIGN REPRESENTATION –

EU LEGISLATIVE AND EXECUTIVE ARMS ARE HARMONISED,<= /b>

NEW EU CIVIL SERVICE IS CREATED

[ARTICLE 13a]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

 

Policy Area:

Treaty= on European Union, Title V, provisions on Common Foreign and Security Policy, Chapter 2, Specific provisions on the common foreign and security policy

 

Amendment:

Clause  2,  page  1,  line  12,  leave out ‘any’ and insert—

 

‘(i) Article 1, paragr= aph 30, inserted Article 13a TEU relating to the role of the High Representativ= e of the Union for Foreign Affairs and Security Policy; and

 

(ii) any other’.=

 

Amendment:

Clause  2,  page  1,  line  12,  leave out ‘any’ and insert—

 

‘(i) Article 1, paragr= aph 25, headings relating to the Common Foreign and Security Policy; and=

 

(ii) any other’.=

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Lisb= on Treaty Article:

“30) The following new Article 13a shall be inserted:

"ARTICLE 13a

1. The High Representative of the Union for Foreign Affairs and Security Policy, who shall chair the Foreign Affairs Council, shall contribute through his proposals towards the preparation of = the common foreign and security policy and shall ensure implementation of the decisions adopted by the European Council and the Council.

2. The High Representative shall represent the Union for matters relating to the common foreign and security policy. He shall conduct political dialogue with third parties on = the Union's behalf and shall express the Union's position in international organisations and at international conferences.

3. In fulfilling his mandate, the High Representa= tive shall be assisted by a European External Action Service. This service shall work in cooperation with the diplomatic services of the Member States and s= hall comprise officials from relevant departments of the General Secretariat of = the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. The organisa= tion and functioning of the European External Action Service shall be establishe= d by a decision of the Council. The Council shall act on a proposal from the High Representative after consulting the European Parliament and after obtaining= the consent of the Commission.".

 

Consolidated Treaty Article(s): =

n/a

 

Explanation:

The Li= sbon Treaty establishes the post of High Representative of the Union for Foreign Affairs and Security Policy, which merges the positions of High Representative for the Common Foreign and Securi= ty Policy and the European Commissioner for External Relations. He/she = will be both the Council’= ;s representative for the common foreign and security policy and one of the Commission’s Vice Presidents. In exercising his/her responsibilities within the Commission, they will be bound by Commission procedures. He will be responsible within the Commission for responsibiliti= es given to it in external relations and for coordinating other aspects of the= Union's external action, marking a clear neglect fo= r the separation of powers. The CFSP is an intergovernmental matter in which a Commission member will now be completely involved in the Council’s work. 

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Althou= gh the Lisbon Treaty has= not completely eliminated the intergovernmental nature of the CFSP, it states clearly an intention to bring the CFSP closer to the supranational method – henc= e, the High Representative of the Un= ion for Foreign Affairs and Security Policy has a “double hat.” Moreover, the Lisbon Treaty also creates a President of the European Council, who will also ensure the extern= al representation of the Union – this= of course creates a problem of the delineation of tasks for each representativ= e. He/she will represent the Union for matters rel= ating to the common foreign and security policy together with the President of the European Council.=

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The ne= w High Representative is responsible for conducting the CFSP. He will chair the Foreign Affairs Council, submit the necessary proposals, and implement decisions adopted by the European Council and the Council.  The rotating Presidency in external relations will end therefore the role of Head of State or Government and Foreign Minister of t= he country holding the Council Presidency will be significantly diminished. It remains to be seen how the agenda of the General Affairs and External relat= ions Council, chaired by the High Representative for foreign policy will be coordinated with other council formations chaired by the ministers of the country which holds the six month Presidency. Moreover, it remains to be se= en how the powers of the members of the future troika the commission president, the high representative for foreign policy and the European council presiden= t will be balanced. Therefore there are important issues of accountability at stake.

 

Obviously, the High Representa= tive of the Union for Foreign Affairs and Sec= urity Policy will have too much power; = he will prepare, decide on and execute matters related to foreign and security affa= irs. He/she will have the right of initiative in foreign and security policy matters as he will share with each Member State the power to submit proposals regarding the CFSP. He/she will represent the EU in matters relating to common foreign and security po= licy. He/she will express the “Union” position in international organizations and international conferences. In add= ition, he would be responsible for external representation = of the Union for the purposes of the foreign and security policy.  Presently, is the Presidency w= hich represents the Union in matters regarding common foreign and security policy and who express the position of the Union in international organisations and international c= onferences. He/she can speak on behalf of the Union in the United Nations Security Council.

 

Moreover, the High Representative of the Union for Foreign Affairs and Security Policy will be= in charge of the European external action service with delegations in different countries, and will ensure that the Union has a stronger voice on the international arena. Therefore the Unio= n will not only have a “foreign affairs minister” but also a European external action service, meani= ng a diplomatic service with delegations in several countries.

 

The European external action service will be comp= osed of a combination of national diplomatic services of the Member States and officials from the Council General Secretariat and of the Commission. T= he organisation and functioning of the Service will be established by a Council decision on a proposal from the High Representativ= e, after consulting the European Parliament and obtaining the consent of the Commission. Hence, it will be decided by Qualified Majority Voting. Obvious= ly, the creation of the European external action service will be challenged, si= nce there is no distinction between European and national foreign policy priori= ties and interests. According to the new Article 188q TFEU, the Union will transform the present Commission delegations into EU Delegations. 

 

However, questions regarding institutional arrangements, competences (Commission/Council secretariat) and financing re= main to be answer. The provision concerning the European external action service is extremely imprecise. =

 

The Member States would no longer represent themselves. It will be the Union represe= nting them on the international stage. What will happen the UK diplomatic representation? It is only possible to envisage an end to UK dipl= omatic representation. Who will defend the interests of the Commonwealth, if the powers of the Foreign Secretaries would be transfer to= the High Representative of the Union for For= eign Affairs and Security Policy? It appears that the defence of British interes= ts have been placed into the hands of those who will merely protect European interests. As such, the interests of British citizens will not be protected= .

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The ne= w post changes the nature of the relationship between the <= st1:PlaceName w:st=3D"on">Member States and the EU, even if European foreign policy will continue to be operating mainly through unanimity. Apparently, the Heads of State and Government wil= l no longer represent their countries on the international stage. There is an im= mense and substantial t= ransfer of more political power to EU level, through the new President of the European Coun= cil and the High Representative on Foreign and Security policy. All these= changes would eliminate or diminish the ability of Member States to conduct their o= wn independent foreign policy.

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