eu constitutionalisation - EUROPEUM Institute for European Policy

Chapter 7: Flexible Integration in the Common Foreign and Security PolicyExtending the scope of applicability of enhanced cooperation to all policyareas and thus the CFSP holds high potential to eventually unify loose cooperationsand deliberate coalitions under a more solid and institutionalisedumbrella within the framework of the European Union. This versatiletool will bundle synergies and optimise the external profile of the Unionnot only through the guarantee of assured recourse to the internationallyaccepted institutional framework. However, in the ideal case enhancedcooperation is not designed as a permanent instrument. On the contrary,measures of enhanced cooperation shall provide a legitimate transitionalframe for innovative and pro-integrationist initiatives, which after havingsuccessfully passed their proof of value may finally lead to full integrationinto the Union.The already established defence agency forms part of the Union acquisfrom the beginning, although based on voluntary participation. Hence,this construction means a conversion of the classical concept of flexibilitywithin the EU. So far there have been various attempts to bring togetherthe existing variety of formats of armament and defence programs pavingthe way for a specific institution. In this respect the exclusion of therelevant rules and obligations of the single market constitutes one of themost important challenges. The final success of the defence agency willconsiderably depend on the question whether participating member statesmay refrain from employing Article 296 TEC.Chapter 7: Flexible Integration in the Common Foreign and Security PolicyIt should be noted, that only the form of closer cooperation as enacted inthe Draft Constitution contains elements of flexible integration whereas therevised clause incorporated into the final version has general effect. Solelythe obligations to take national particularities into consideration (above allthe status of neutrality or non-alignment) and to respect the primacy of theNATO contain remnants of flexibility. All in all, this approaches point at theobjective of establishing collective defence within the EU legal framework,however without effectively realising it.The multi-faceted range of forms of flexibility bears the potential to meetnew challenges without too much deviating from the path of Jean Monnet.The possible recourse to the mechanism of flexibility in the domain ofsecurity and defence does neither replace former instruments of flexibilitynor does it preclude flexible integration outside the Treaty framework.The effective interplay of the new variants of flexible integration, namelyenhanced, structured and armament cooperation could spark off an integrationistprocess which may allow the most progressive member states toproceed. The profits could be exploited by all if it succeeds to make theseforms effective on the basis of solidarity, whereby bridging the gap betweena policy of logjams and ambitions for directorates.The instrument of permanent structured cooperation pursues the objectiveto create the desired avant garde by setting up a catalogue containing predefinedcriteria which shall give participating member states an orientationfor military transformation and allow them to assume leadership in thisfield under an EU umbrella. Given the highly institutionalised concept, theclear-cut procedures and the option to suspend participating States hint fora more durable institution. Permanent structured cooperation is by far themost integrated and predetermined form of flexibility of all those discussedin this paper, and comes near to concepts such as Schengen or the EMU.One of the most striking innovations within the framework of the CFSPrefers to the (former) concept of closer cooperation in form of a limitedcollective defence clause, which stipulates the obligation to give aid andassistance in case of an armed aggression against a member states however,without defining specific procedures, institutions or competences.274275