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Reading the Treaties

The EU is not a defence alliance in fact this is quite clear as Article 17 of the treaty states the EU "shall not prejudice the specific character of the security and defence policy" of a member state.

But articles 11 and 16 also state that EU countries "shall refrain from any action which is contrary to the interests of the union or likely to impair its effectiveness as a cohesive force" as well as obliging members to "inform and consult" each other on defence plans. Title V of the EU treaty on the limits of EU competency on security issues. "On security matters, the Treaty allocates sovereignty to member states. But that sovereignty has to be compatible with our general interests in security."

So EU competence does not impair the sovereignty of security matters, these remain within the power of the member state, for the very good reason that the member states leaders refused to allow the EU to have an influence on their own national defence. Yet because the treaty also demands that a member state must not take any action which will impair the effectiveness of the EU, the EU does have an interest in national defence issues, and the nation states sovereignty has to be compatible with the interests of the Union. Reading the Treaty in this manner means that effectively article 17 has no meaning because the EU does have an influence on national security.   

This is the argument of Javier Solana the EU designated Defence Minister, as he called for a joint debate  on US plans to install a missile shield in Poland and the Czech Republic, by doing so he has opened up the question of EU treaty limitations on national sovereignty in defence, or any other area for that  matter.  


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Filed under : A solution in search of a problem, Is that an Elephant
By Ken
On March 30, 2007
At 9:10 am
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