Principles and practices of EU external representation - Asser Institute

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CLEER WORKING PAPERS 2012/5Van Elsuwege and Merket58
External representation and the EEAS: Selected legal challengesExternal representation and the EuropeanExternal Action Service: selected legal challengesBart Van Vooren and Ramses A. Wessel1. IntroductionThe 2001 Laeken Declaration on the future of the European Union stronglyasserted the need for the EU to be(come) a prominent global actor: 1 ‘DoesEurope not, now that is finally unified, have a leading role to play in a new worldorder, that of a power able both to play a stabilising role worldwide and to pointthe way ahead for many countries and peoples?’ Via the meanderings of theDraft Constitution, the Lisbon Treaty translated this ambition into a number ofexternal objectives (Articles 3 (5) and 21 TEU). In order to bring to fruition theseambitious objectives, the Treaty of Lisbon strengthened the institutional dimensionof EU external representation, in particular through the establishment ofthe European External Action Service (‘EEAS’). 2This new body has been called ‘the first structure of a common Europeandiplomacy’. 3 However, the EU is not a state, although it is an active participantin the diplomatic network of states that is – primarily ‒ regulated by the ViennaConvention on Diplomatic Relations of 1961 (‘VCDR’) 4 and the Vienna Conventionon Consular Relations of 1963 (‘VCCR’). 5 Currently 138 Union delegationsare active in states around the World, and at international organizations. 6 TheEU’s intensified global diplomatic ambitions in external representation triggerthe question to which extent they are compatible with the European and internationallegal framework? Traditionally, diplomatic relations are establishedbetween states and the legal framework is strongly state-oriented. The EU isnot a state but an international organization, albeit a very special one. It enjoysinternational legal personality, which allows it to enter into legal relations with1 European Council, Laeken Declaration on the Future of the European Union, 14-15 December,2001, subheading ‘Expectations of Europe’s citizens’.2 Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioningof the European External Action Service, OJ 2010 L 201/30 (‘EEAS Decision’).3 ‘Consular and Diplomatic Protection: Legal Framework in the EU Member States’, Reportof the EU CARE project, December 2010, at 31; available at .4 The VCDR was signed on 18 April 1961, entry into force 24 April 1964, United NationsTreaty Series, vol. 500, 95, No. 301. Currently 187 states are party to the VCDR. See .5 The VCCR was adopted 24 April 1963, entered into force 19 March 1967, currently 172states parties, United Nations Treaty Series, vol. 596, 262.6 Updates may be found at . See also theEEAS document ‘EU Diplomatic Representation in third countries – First half of 2012’, Council ofthe European Union, Doc. 18975/1/11, REV 1, 11 January 2012.59CLEER WORKING PAPERS 2012/5
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Principles and practices of EU external representation - Asser Institute

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