Principles and practices of EU external representation - Asser Institute

CLEER WORKING PAPERS 2012/5McArdle and Cardwellof disparate ones does create a more certain identity. The definitive answer tothe long debated question on the legal personality of the EU also shows it asan international actor and as capable of acting of its own accord without itsMember States. The single legal personality allows the conclusion of internationalagreements under the name of the Union. It is debatable whether thereare any formal, legal consequences of the change. What is clear, however, isthat the new Article 47 will prevent the disjointed approach that arose on occasion.The most obvious example of this was in the relationship between theEuropean Community and the (non-UN) international organisations which itwas a member of, primarily the World Trade Organization. While it was clearwhat the involvement of the European Community was for a long time, theconsequences for the European Union were for some time uncertain. Now thatsuch a clear statement has been made on the part of the EU in terms of itsinternational identity, there remain some questions about what this will trulymean in practical terms. It may raise a number of questions yet, as the existenceof personality of the Union, while not controversial in its basic idea, doesnot affect the complex nature of the Union and the continued strong involvementof the Member States in the actions of the Union. It is now clear that theEU has the potential to act as an international legal person, if this was ever inquestion, but when actions will be considered to be those of the Union andwhen they will be those of the Member States is something that will remain adifficult subject.Lisbon has furthered this theme of consistency and solidarity beyond thecreation of a single legal entity and has strengthened many provisions previouslywithin the Treaties to create a greater undertaking on Member States tocoordinate their positions externally and to support the EU. There is, most visibly,an obligation to coordinate actions and positions within international organisationsand conferences, as well as supporting the position of the Unionin these forums. 60 Of course, the aim of this provision is to ensure consistencyacross the Union’s actions and not only between the EU and the MemberStates. As well as this, there now also exists an obligation on Member Statesof consultation and ‘convergence of [...] actions’ in the area of foreign andsecurity policy. 61 Not only is the EU put forward as an entity capable of internationalaction, but the greater obligations of Member States exist to promotea significant and coherent international actor. This is perhaps one of the mostsignificant developments in pursuing an international role for the EU. A cleardesire can be seen to gain a coherent international approach on the part of theEU and identify itself, and its policies, at the international level. The challengethat remains, however, is how this will work in practice. With clear examples ofdiverging approaches from Member States towards international crises, suchas during the break-up of Yugoslavia and the conflict in Iraq, along with thesensitive nature of foreign policy, raises the question of politically, how suchcoherence can be achieved. It remains to be seen how much things will change60 Art. 34 Treaty of the European Union.61 Art. 32 Treaty of the European Union.98