Strategic Panorama 2009 - 2010 - IEEE

Aníbal Villalba Fernández
as HR when discussing her functions in the sphere of the CFSP and HR/
VP when her functions as a whole are mentioned).
Although the appointment of Catherine Ashton at the helm of the
Union’s foreign policy triggered a certain amount of controversy, with
opponents claiming that she lacked experience in this field, analysts
such as Giji Gya hold that her experience in the area of trade and nuclear
disarmament will allow these two sensibilities to be incorporated into
the CFSP and may strengthen the EU’s approach in matters such as the
nuclear issue of Iran, providing a fresher perspective when addressing the
challenges of merging the community pillars (1). Furthermore, the fact that
Ashton has been a Commissioner will facilitate her role as one of the Vice
Presidents of the Commission.
The following pages analyse the effects on the EU’s core institutions
with respect to the Common Foreign and Security Policy and the Common
Security and Defence Policy that is derived from it.
The European Council
Under the Lisbon Treaty, the European Council has become an independent
institution. Before the Treaty of Lisbon the European Council was
not an institution but the configuration of the Council when it met at the level
of heads of state and government and President of the Commission.
The European Council lays down the general principles and guidelines
of the CFSP and, on its own initiative or that of the Council, approves the
common Strategies (articles 13.1 and 2 of the TEU-Nice). It is also incumbent
on the European Council to decide to pave the way for a common
Defence (article 17 TEU - Nice). The European Council is ultimately the
highest body of appeal in the event that a state were to oppose a decision
that may be adopted by a qualified majority (art. 23.2 TEU - Nice).
Although the Treaty of Lisbon provides that the European Council may
decide unanimously that a Council decision normally requiring unanimity
may be approved by a qualified majority or ask the High Representative
to exercise his right of initiative for the same purpose, this does not apply
to decisions having military or defence implications (article 31.4 TEU -
Lisbon).
(1) GYA, GIJI. «Enacting the Lisbon Treaty for CSDP: Bright light or a tunnel?» European
Security Review, No. 47, December 2009. http://www.isis-europe.org/pdf/2009_esr_80_
esr47-dec09.pdf
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