IMI-Standpunkt 2009/052

Why the strategic community embraces the Lisbon Treaty – and why we reject it!


von: Christoph Marischka / IMI | Veröffentlicht am: 15. September 2009

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The EU Institute for Security Studies, set up as an Agency of the EU in 2001, published a book called „What ambitions for European defence in 2020“. It may be the most important paper on the European Unions military strategy since the European Security Strategy (ESS) published in 2003, as the heads of the strategic community of the EU contributed their views on how European Security and Defence should look like in ten years. So this study is a must read. As Javier Solana claims in his preface, „this book makes a significant contribution to the debate on the future of ESDP and the implications of what the Lisbon Treaty could and should bring to it, identifying the obstacles to progress and solutions for addressing them.“ As such it may be read as a wish list of those who want to further militarize the EU. Their common priority is the ratification and implementation of the Lisbon Treaty. See what they write about this disputed treaty and its military implications. For all people who oppose the militarization of the EU and international relations in general it should be evident they have to reject the Lisbon Treaty and also that they will have to further oppose its components regarding the ESDP. Because it is obvious that the strategic community will try to implement them no matter weather the treaty enters into force or not.

All quotes: Álvaro de Vasconcelos: What ambitions for European defence in 2020?, EUISS 2009.
http://www.iss.europa.eu/index.php?id=214&no_cache=1&tx_ttnews[tt_news]=1209&tx_ttnews[backPid]=1&cHash=8abd078ae2

Javier Solana (High Representative for the Common Foreign and Security Policy):
Preface

The Lisbon Treaty provides more cohesiveness, flexibility and gives „new momentum“.
„Our institutions, decision-making processes and command structures must be flexible, able to respond quickly and fit for the purpose of our future challenges and our comprehensive method of engagement. The Lisbon Treaty will give us new momentum in this direction and the potential to do more, and to act more cohesively and with greater flexibility.“

Álvaro de Vasconcelos (director of the EUISS):
Introduction – 2020: defence beyond the transatlantic paradigm

International expectations will rise.
„The EU is already demonstrating, empirically, that it can conduct international relations differently. This has led some to define the European Union as an ‘international public good.’ It also explains why expectations placed in the EU by close and not so close neighbours remain high, the ‘Obama revolution’ notwithstanding. They will only tend to increase in the years ahead, especially if the Lisbon Treaty finally sees the light of day.“

A step towards collective defence.
„It is true that a strong expression of EU solidarity clearly alluding to defence is to be found in the Lisbon Treaty, where article 42.7 states that should one of its member countries be ‘the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power.’ This is in a sense an overstatement of a basic principle of EU integration or, as Alexander Stubb emphasises, ‘this confirms the obvious’, for it is inconceivable that in the improbable event of an armed attack against any EU Member State the others would remain passive and fail in their duty to extend solidarity.“

Defence will become a permanent feature of the EU political and institutional landscape
„Indeed, one of the most interesting developments for ESDP envisaged in the Lisbon Treaty is the permanent structured cooperation open to a limited number of ‘able and willing’ Member States. As Stefano Silvestri argues, ‘while the intergovernmental nature of the decision making would not change, ESDP will become a permanent feature of the EU political and institutional landscape’ – whereas today the model is inclusive and open to all Member States and this is crucial to ensuring European legitimacy (a particularly important element in former African colonies).“

„The future will look brighter perhaps if the Lisbon Treaty comes into in force and a more favourable and balanced institutional environment is set in place.“

Nicole Gnesotto (former director of the EUISS):
The need for a more strategic EU

Centralised decision-making and new military institutions.
„Commit fully to consistency in the Union’s external action: in the short term, this would presuppose that the Lisbon Treaty CFSP acquis be saved. The provisions on the role and competences of the High Representative, the post of President of the European Council and the creation of an integrated diplomatic service must without fail be implemented. If the Treaty is not ratified, the European Council should decide to act as a matter of urgency on the best legal means of implementing these three acquis. Looking ahead to 2020, however, pure logic would demand that, to ensure an efficient and consistent integrated foreign and security policy, the posts of President of the Commission and President of the European Council be merged.
Switch from the virtual to the permanent, from cooperation to integration: discontinuity is not the right recipe for ensuring that the Union is efficient and professional in security matters. Twenty years after its inception, the ESDP must have a foundation of permanent structures: a formal Council of Defence Ministers, chaired by the (new) High Representative; a European Defence College, with its own premises and budget, to train all personnel in a common strategic culture of the Union, a European Command to plan and conduct the Union’s military operations, alongside a civilian command and an integrated civil/military command capability; joint manoeuvres on the ground for European forces. A number of permanent units should be set up, a sort of European armed rapid-reaction mini-force: one or more battlegroups, the European corps, a civilian intervention force for natural crises and disasters, a European humanitarian intervention corps, a pool of civilian ESDP officers, European logistical stocks, particularly medical equipment. Lastly, the speed of Union action will also depend on having a substantial European budget for ESDP operations, for use by the High Representative.“

Militarization and internationalisation of internal security.
„But the Union’s effectiveness as regards internal security suffers from compartmentalisation of the EU’s institutional pillars and tight political constraints. Failing to meet the expectations of European citizens, i.e. being able to help if a natural disaster occurs in Baku, but not if it happens in The Hague or Rome, is an aberration: it must be possible to use ESDP military and civil resources in response to terrorism or natural disasters in the Union. Whatever the future of the Lisbon Treaty, the clause on solidarity in the event of terrorism or a natural disaster must be implemented.“

Jolyon Howorth (Yale University):
Implementing a ‚grand strategy‘

Increasing „Legitimacy“.
„If the Lisbon Treaty is ratified, this external international legitimacy will also be enhanced internally by the increasing role of the European Parliament in sanctioning CFSP and ESDP.“

A European Force.
„Above all, since the reality of troop deployment and capabilities (as opposed to the declaratory aspect) currently depends entirely on national levels of ambition, which are inevitably tied to local political culture and conditions, little is likely to change until and unless the EU attempts to break through that impasse via some means of collective small-group agenda setting and even decision-shaping. The expanded Petersberg Tasks which are defined in the Lisbon Treaty under Article 28B, do refer explicitly to ‘tasks of combat forces undertaken for crisis management, including peacemaking’ (Eurospeak for ‘separation by force’). The EU should therefore set itself for 2020 a strategic target of having at the ready a very sizeable force – of the order of 60,000 troops (i.e. 180,000 allowing for rotation) – in order to face up to the full range of operational challenges likely to present themselves in an increasingly complex world. This will require major changes in training, funding and procurement over the next decade.“

Permanent Structured Cooperation and collective defence.
„The Treaty of Lisbon already contains many security commitments – a solidarity clause, a mutual assistance clause, as well as the expanded Petersberg tasks – which cannot be met without a robust and ever more integrated EU military capacity. One aspect of this will be permanent structured cooperation, whose dynamic must be as inclusive as possible. The objective is to mobilise the maximum capacity of which the EU is capable, drawing on whatever instruments are available from whatever source. ESDP cannot and will not work if it relies massively on a few contributors, with the others as bystanders or paymasters. Eventually, the logic of the strategic context in which the EU will find itself operating will require it to integrate into the objectives of ESDP an explicit collective defence article similar to article 5 of the WEU or NATO Treaties.“

Tomas Ries (Director of the Swedish Institute of International Affairs):
The globalising security environment and the EU

„While EU consolidation is gradually deepening, the process is slow and cumbersome and this inherent weakness is likely to persist until 2020, even if the Lisbon Treaty is ratified.“

Stefano Silvestri (President of the Italian Institute of International Affairs):
The gradual path to a european defence identity

Permanent Structured Cooperation and collective defence.
„Certainly the Treaties say that ‘eventually’ the ESDP should evolve into a common policy, a fully-fledged European Defence. The ambition is there, and the Lisbon Treaty indicates two possible ways forward: the introduction of Permanent Structured Cooperation (PSC), among able and willing member countries, and the establishment (already done in 2004) of the European Defence Agency (EDA). While the intergovernmental nature of the decision making would not change, ESDP will become a permanent feature of the EU political and institutional landscape the EU.“

Claude-France Arnould (former director of Defence Issues at the Council of the EU):
A noble ambition

Permanent Structured Cooperation.
„Although the mobilisation of small and medium-sized Member States and the participation of third countries are major assets to the Union, the ESDP cannot develop or be pursued, even, without the engagement of those Member States with the strongest defence capabilities. In particular, are those Member States with the greatest capabilities going to turn into a reality the possibility of a group of Member States being entrusted with the implementation of a mission, as provided for under the Lisbon Treaty?“

Centralised decision-making for more cohesiveness.
„Whatever the crisis or threat, the solution can only lie in placing the appropriate instruments (economic aid, trade measures, visas, development, humanitarian aid, civilian and military crisis-management operations, measures to combat illegal trafficking, police cooperation, etc.) at the service of a policy to be defined. Any response must therefore rest on the three pillars of the EU, as well as on the policies and capabilities of the Member States. The instruments could be merged under the existing Treaties but not to perfection and subject to all actors concerned showing significant determination, to which the current structures are not conducive. The Lisbon Treaty improves matters substantially. Although it does not place all the instruments in the same set of hands, except at European Council level, the High Representative does have the means of ensuring, and the duty to ensure, consistency.“

common defence, militarization and internationalisation of internal security
„It is only a matter of time before the capabilities developed under ESDP are made available to a requesting Member State hit by a disaster exceeding its national response capabilities. In such an event, the chain of command (civilian in most cases) in place would doubtless be observed. The solidarity clause of the Lisbon Treaty specifically mentions the use of military resources and the coordination in the Council of assistance provided by the Member States, aided by the Political and Security Committee (PSC) with support from the structures developed in the context of the common security and defence policy and by the competent committee for internal security matters.
A concrete demonstration of solidarity in the form of effective support to a victim country using all resources available for such purposes in the EU, including military resources, would certainly bring the European Union closer to its citizens. This is true not only of disasters but also of, for example, sea and space surveillance.“

Centralised decision-making for more cohesiveness.
„The first condition is to ensure that consistency between Union instruments becomes a reality. The scope for this is greater if the Lisbon Treaty enters into force.“

Centralised decision-making for more cohesiveness, Permanent Structured Cooperation.
„The different types of reinforced cooperation, including permanent structured cooperation, could, in the event of persistent blockage, permit significant progress by those Member States willing to go further in all the above areas. Lastly, the EU must equip itself with the best planning and conduct resources so that it can converge its political strategy, military and civilian capabilities and all other resources, including those of the Community, into an overall approach, and offer the best guarantee of professionalism and effectiveness. These structures must be kept light, they must make it possible to react swiftly and sustain an effort for as long as circumstances require and they must provide the maximum expertise and experience based on lessons learned from past operations and on training in working together. The chain of operations command needs to be strengthened. The Lisbon Treaty offers the prospect of this happening, particularly by virtue of two important provisions: the role of the High Representative in implementing the ESDP and the possibility mentioned earlier of entrusting a mission to a group of Member States.“

Henri Bentégeat (Chairman of the European Union Military Committee):
What aspirations for European defence?

International expectations will rise.
„Nevertheless, in a future where the common foreign and security policy would apparently be more closely linked to the Commission’s activities, it is clear that, as provided for in the Treaty of Lisbon, ESDP must be more present in areas relating to both pre-crisis management – prevention – and post-crisis management – stabilisation and reconstruction.“

Centralised decision-making for more cohesiveness, Permanent Structured Cooperation.
„It took several months to set up the operation in Chad and the Central African Republic, but fewer than thirty days to deploy observers in Georgia. The process for 27 Member States to take a decision is thus not always cumbersome. And it is very likely that the tools of permanent structured cooperation and enhanced cooperation, proposed in the Treaty of Lisbon, will add flexibility. They should provide smooth and controlled acceleration, so that political obstacles can be surmounted or so that a few countries can quickly bring about a significant alignment of our defence equipment in the broadest sense.
In particular, the possibility afforded by the new Treaty of establishing enhanced cooperation in the field of the common foreign and security policy, opens up great potential for EU operations. Just one third of the Member States will be needed to take a decision in the Council to launch an operation, if it can be shown that the operation will further the objectives of the Union and protect its interests, and if it cannot be launched by all 27 Member States within a reasonable period. Moreover, if the Union agrees to make its structures available for the planning and conduct of the operation (OHQ), the full benefit of this approach will be demonstrated; it makes it possible to take decisions and act quickly, with the necessary capabilities for the intervention subsequently being supplemented through contributions from other Member States.“

A step towards a european army.
„In order to improve our ability to react, should we think about a European army in the medium term? This would only make sense once the European Union had decided that it wanted a single defence structure, which would also mean a single political authority. Since at best it will take several generations to achieve this objective, Europe should be allowed whatever time it needs to follow such a history-making course. In particular, it would most likely be towards the very end of that process that any missions would be carried out under the Lisbon Treaty’s mutual assistance clause.“

New military institutions, centralised decision-making for more cohesiveness.
„Given the prospect of the provisions of the Treaty of Lisbon being implemented, some of the current tasks of the Military Staff, such as drafting military opinions and providing regular support to the Military Committee, could usefully be taken on by a more substantial private office of the chairman of the Military Committee, which would enable him to act effectively as the sole military adviser to the High Representative and the President of the European Union.
Under the Treaty of Lisbon, the future High Representative for Foreign Affairs and Security Policy, Vice-President of the Commission, will have a large European External Action Service at his disposal for his diplomatic activities. For that High Representative, the whole crisis management system described above would be a guarantee of the ability to take concrete action on the ground which would be fully consistent with the approach taken and the efforts made diplomatically and in terms of crisis prevention by the members of that Service. In the same spirit of synergy, we should reflect on the possibility of including some military staff among the members of this future large diplomatic service. At the very least, it would seem sensible to assign one or more military advisers to work with the Special Representatives or heads of delegation in post in regions where crises are most likely to occur.“

A wider range of missions.
„The range of missions presented in the Treaty on European Union, whether or not amended by the Treaty of Lisbon, prioritises missions which are covered by the concept of human security: disarmament missions (Lisbon), humanitarian missions, military advice and assistance missions (Lisbon), conflict prevention missions (Lisbon), and peacekeeping missions. However, in the Treaty of Nice as in the Treaty of Lisbon, missions by combat forces to manage crises, including peacemaking missions, feature prominently.“

„It is certain that the successful ratification of the Treaty of Lisbon is the first bridge to cross. Let us not lose time: our world is already tomorrow’s world.“

Richard Wright (Political and Security Committee (PSC)) and Juha Auvinen (External Relations Directorate General of the European Commission):
What ambitiones for the civilian ESDP?

A comprehensive approach.
„The European Security Strategy has to be implemented. It is not difficult to predict that the ESS will be increasingly based on a broad security concept, recognising the need for a comprehensive approach. This calls for a more effective and coordinated use of all EU instruments. This will be easier to achieve in the framework of the Joint External Action Service – if the Lisbon Treaty is adopted.“

Alexander Stubb (Finnish Minister for Foreign Affairs):
In search of smart power

New military institutions, centralised decision-making for more cohesiveness.
„Much now depends on the Lisbon Treaty. The new Treaty introduces measures which would make the Union stronger in foreign policy and provide better tools for effective action. The new European External Action Service (EEAS), the double-hatted High Representative who will be both Vice-President of the Commission charged with external relations and President of the Foreign Affairs Council responsible for the common foreign and security policy, the new position of the President of the European Council – all these are welcome steps.
Moreover, the entry into force of the Lisbon Treaty would bring new momentum also to the development of the ESDP. It includes a number of important innovations: the mutual assistance clause in case of armed attack, the solidarity clause in the event of a disaster, permanent structured cooperation for those Member States which wish to go further in the field of defence, as well as the application of the so-called enhanced co-operation in the context of the enlarged Petersberg tasks.
The mutual assistance obligation in the Lisbon Treaty reinforces solidarity among the Member States. The Member States will now commit themselves to assisting each other by all available means in the event of armed aggression. This is an important step, equally binding on all Member States.
Taking stock of these developments, the recent Government Report on Finnish Security and Defence Policy underlines the role of the EU as Finland’s fundamental security policy choice. The White Paper looks forward to further strengthening the ESDP, and confirms our intention to participate in the Permanent Structured Cooperation, assuming that the Lisbon Treaty will finally be ratified. It promises advances in pooling and sharing military capabilities and advances the cause of European defence material cooperation. That contributes to our own security, but is important also in view of the development of the EU and its role in the world.“

Collective Defence and NATO
„The mutual assistance obligation of the Lisbon Treaty will undoubtedly play a role in future discussions on the defence dimension of the Union. Occasionally one hears questions about whether this is taking the EU onto a collision course with NATO. In my view the Lisbon Treaty makes it clear that this will not be the case – the EU commitments are consistent with NATO commitments. It is not an ‘either-or’ situation: both the EU and NATO are needed and continue to play a role in the future defence integration in Europe.“

Nuno Severiano Teixeira (Portuguese Minister of National Defence):
European defence: a future challenge

„Three basic innovations“
„As regards the dispositions of the Lisbon Treaty, and keeping in mind that ESDP is framed by the Common Foreign and Security Policy (CFSP), it is important to highlight three basic innovations. First, there is the introduction of two key solidarity clauses concerning security and defence matters: a mutual defence clause (Article 42, no. 7), according to which ‘If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power’; and a solidarity clause (Article 222), which comes into play when natural or man-made disasters or terrorist attacks occur. According to these clauses, Member States commit themselves to mutually assisting their peers in specific situations, thus promoting the EU founding principle of solidarity among Member States.
Second, the Treaty of Lisbon has broadened the scope of missions – originally known as the Petersberg Missions – in which the EU can use civilian and military means (Article 43), and has, for the first time, specified the kinds of missions that fit into this category.
Third and finally, two important mechanisms for security and defence cooperation have been introduced to the Lisbon Treaty: the ‘reinforced cooperation’ mechanism, and the permanent structured cooperation mechanism.8 Concerning reinforced cooperation, this was a mechanism established by the Amsterdam and Nice treaties that now covers foreign and common security policy in situations where the Union as a whole cannot achieve the cooperation goals within a reasonable time frame, and whenever at least nine Member States participate in the proposed action. The permanent structured cooperation mechanism, by contrast, provides for closer cooperation between the Member States that show a capacity and the willingness to make greater efforts in the security domain. The goal of this mechanism is clear: to promote the establishment of an effective political framework and instrument to develop European military capabilities, according to criteria agreed to by the Member States. More specifically, the goal is to encourage states to channel the resources they already spend on defence to focus on collective interests, particularly when it comes to the deployment and maintenance of military forces and the promotion of defence research and development (R&D).
The development of this cooperation mechanism can be seen from two different angles. Critics consider that it merely creates the opportunity for the main European powers to deepen cooperation, sidelining all the other Member States, but others feel that this may promote the development of the defence capabilities of all the Member States, large and small alike, which show a willingness to contribute to a common defence and security goals, namely by enabling them to participate in international military missions.“

More and more robust interventions.
„It is also necessary to define the rules on and framework for military intervention, namely in high-level risk environments. We cannot pretend that the international system is free of uncertainty, or ignore growing calls for EU civilian and/or military intervention; and we must also consider that intervention scenarios may increase with the introduction to the Treaty of Lisbon of the mutual defence and solidarity clauses among Member States.“

Jacek Saryusz-Wolski (former Polish Minister for European Affairs):
Security and defence in the enlarged Europe

Collective defence
„From Maastricht to Lisbon all EU treaties envisage hence that the common security and defence policy shall include the progressive framing of a common Union defence policy that ‘will lead to a common defence, when the European Council, acting unanimously, so decides. It was the Constitutional treaty that went a step further adding an obligation that ‘Member States shall have towards it an obligation of aid and assistance by all the means in their power (…)’. The Lisbon Treaty upholds this commitment.“

Álvaro de Vasconcelos:
Conclusions

Making final conclusions of the whole book, EUISS-Director Álvaro de Vasconcelos draws a „ten-point roadmap to 2020“ based on the „assumption that the main provisions of the Lisbon Treaty on CFSP and ESDP can and should be applied, irrespective of whether the treaty comes into force or not any time soon.“ The ten points say that (1) although NATO will remain the main guarantor of European security, the EU needs “an active military component which is sufficiently well trained and equipped to carry out combat missions“; (2) the promotion of European values „may require the use of force“; (3) Member States should contribute more troops and equipment for „a robust and effective military and civilian EU Peace Corps“ ready for deployment in a number of missions simultaneously, therefore Member States‘ contributions should be monitored and benchmarked, and a EU civil/military command as well as a common defence budget established; (4) „a competitive and efficient European defence market“ should be „created“; (5) the EU needs more and more efficient common military structures also in the fields of training and intelligence; (6) the relationship between EU and USA as well as EU and NATO must be clearly defined to make both structures more effective and dynamic; (7) a European Parliamentary Council for Security and Defence shall enhance the legitimacy of ESDP-Missions; (8) ESDP should be prepared for cooperation with strategic partners like in the anti-piracy operations off the Horn of Africa; (9) all EU foreign policy instruments (economic, legal, humanitarian, financial, civil and military) must be integrated into a „comprehensive concept“ in which the „EU’s global political role on the international stage must remain the overriding concern“; (10) the Permanent Structured Cooperation will increase the efficiency of the ESDP but should be open for new members to join while the Council should decide upon their participation based on their „willingness to participate in and to contribute to the common effort according to an individual state’s capacities and possibilities“.

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