From “partnership” to “principled pragmatism”: tracing the discursive practices of the High Representatives in the EU’s relations with the Southern Mediterranean

ABSTRACT

The EU’s relations with countries in the Southern Mediterranean have a long history as the region is of great strategic importance for the Union and its member states. The High Representatives of the Union for Foreign Affairs and Security Policy have been highly involved in shaping these relations, and this role has been officially strengthened with institutional changes brought about with the Lisbon Treaty. This article analyses the role of the HR/VPs in shaping the EU's foreign and security policy towards the region with an analytical focus on discursive practice. Drawing on insights from practice theory in IR and EU studies, the analysis traces continuity and change in how the Southern Mediterranean is described in the drafting of key strategic documents. The main finding is that EU foreign and security policy towards the Southern Mediterranean shows a high degree of continuity despite several crises and institutional changes, although the discursive practices have evolved. The article ends by highlighting a conundrum that the EU can be said to implicitly acknowledge: if authoritarian states in the Southern Mediterranean are inherently unstable, yet stable enough to quench the democratic aspirations of their people, then what should be the basis for EU actions?     

The post-Lisbon high representatives: an introduction

ABSTRACT

The Lisbon Treaty recently celebrated its 10th anniversary. The 2009 legal text was an attempt to enhance the unity, consistency and effectiveness of the EU’s action in an increasingly volatile world. And yet, the post-Lisbon time period has been characterised by multiple crises coming from the West, the East, the South, and even from within the EU. Against this backdrop, our Special Issue makes a systematic assessment of the EU's foreign policy post-Lisbon and of its evolution by focusing on the role of the High Representative of the Union for Foreign Affairs and Security Policy (HR/VP). Assessing the post-Lisbon HR/VPs provides important insights on EU foreign policy processes over the past decade. In this introduction, we discuss the three research questions that guide our collection of articles, as well as our theoretical and empirical contribution to existing scholarly literature.     

The EU's security and defense policy (ESDP) and the challenges of civil–military coordination (CMCO): the case of the Democratic Republic of Congo (DRC)

Abstract

The article assesses the role of the EU in the Democratic Republic of Congo (DRC) and the ability of the EU to coordinate its different means and instruments with regard to the relationship between the European Commission and the Council. The article focuses on what is referred to as civil–military coordination (CMCO) in internal EU documents. The aim is to compare the four ESDP missions in DRC since 2003 with special regard to CMCO since the aim of the EU as a comprehensive security actor is to avoid artificial distinctions between military and civilian missions. Hence, the distinctiveness of ESDP derives precisely from its civil–military synergies, and a comparative perspective on CMCO could tell us more about how the EU has developed so as to become a comprehensive security actor in a country which is of importance for EU interests. The final part of the article assesses the impact on CMCO of the newly implemented Lisbon Treaty. A suitable institutional framework as devised for in the Treaty is essential so as to shape a framework that creates a timely as well as a comprehensive response to crises.     

European political parties: A (timidly) rising actor in the EU political system

The Lisbon Treaty sets ambitious goals for the Union in the field of external relations, but makes limited changes in the pursuit of these goals. The role of the High Representative is reinforced and an External Action Service will be set up, but decisions on the common foreign and security policy are still to be taken by consensus. The Representative and the Service will seek to facilitate the emergence of such consensus and to increase the effectiveness of its external implementation. But this can only be a gradual process, the success of which will depend largely upon the continuing political will of the member states.     

Shaping the European External Action Service and its post-Lisbon crisis management structures: an assessment of the EU High Representatives’ political leadership

ABSTRACT

This article assesses the role, influence and core aspects of the EU High Representatives’ (HR/VPs) “political leadership” in the context of their efforts to advance the institutionalisation of the EEAS and its crisis management structures in the post-Lisbon era. By combining analytical lenses from the literature on “European political leadership”, foreign policy analysis (FPA) and political psychology with insights from a wide range of semi-structured interviews and primary sources, the article analyses how the leadership approaches of Catherine Ashton and Federica Mogherini were influenced by core aspects, such as institutional setting, situational factors and “personal qualities”. By examining how both HR/VPs and their chosen advisors sought to shape the EU’s EEAS and crisis management institutions, scholars can gain important insights about how “personal qualities” and prior foreign policy experience can influence the HR/VPs strategic choices and their impact within and across the EEAS. Finally, the article considers the differing effects between “maverick” and “orthodox” leadership and approaches and concludes that whilst outside perspectives can bring fresh ideas and institutional innovations, they will fail to be of lasting significance and permanence if not accompanied by sufficient support from the dominant foreign and security policy conventions.     

Framing the matter differently: the political dynamics of European Union labour migration policymaking

Most of the scholarly literature on European Union immigration policymaking has emphasized the predominance of governmental actors. The major changes entailed in the 2009 Lisbon Treaty, however, imply a significant increase in supranationalism and necessitate rethinking earlier conclusions. Exploring the concomitant rise of policy entrepreneurship traits in the actions taken by the European Commission, this article emphasizes the role of discourse structuration in managing policymaking in a contested and controversial policy domain. The Commission is thus gaining more influence and importance, partially facilitated by institutional changes in the Lisbon Treaty, but mainly due to astute policy entrepreneurship in facilitating consensus. Framing problems in a fashion that maximizes potential agreement by member state governments facilitates political agreement regarding potentially divisive policy proposals. Discursive elements are created and circulated that are designed to appeal, render political implementation at the national level unproblematic and, in some cases, are deliberately bipartisan in nature. Thus, great rhetorical emphasis is placed on linking policy with competitiveness, economic growth and the Europe 2020 agenda to appeal to centre-right concerns, but in the case of temporary migration links are also constructed to centre-left issues, including enhancing migrant rights, avoiding exploitation and creating benefits for sending countries. Empirically, the article focuses on the politics surrounding the genesis of the directive on highly qualified migrant workers (the so-called Blue Card) and the migrant seasonal workers directive.     

Whither the withering democratic deficit? The impact of the Lisbon Treaty on the Area of Freedom,Security and Justice

This article examines how the Lisbon Treaty's changes to the European Union's (EU's) Area of Freedom, Security and Justice (AFSJ) have affected its ‘democratic deficit’. How this issue is perceived depends on one's conceptual understanding of democratic legitimacy. This article reviews key scholarly perspectives on this matter and organizes these according to Schmidt's concepts of ‘inputs’, ‘throughputs’ and ‘outputs’. The article then applies this framework to specific innovations of the Lisbon Treaty, including new roles for the European Parliament and Court of Justice in the AFSJ. The article concludes that the EU's latest treaty has improved its democratic deficit in some regards, but that many issues of democratic legitimacy remain.     

From colonial power to human rights promoter: on the legal regulation of the European Union's relations with the developing countries

Half a century ago, at the inception of what today has become the European Union (EU), several EU member states held colonies around the world. Today most of these colonies have become independent states, but many continue to have close links with Europe. This article analyses the development of the legal regulation of these links from the signing of the Treaty of Rome in 1957 until the entry into force of the Lisbon Treaty in late 2009. Based on this analysis the article goes on to discuss whether the proposition that the EU has developed into a normative power is supported by the legal analysis. It is concluded that the legal analysis lends strong support to the view that the EU seeks to be a normative power vis-à-vis the developing countries.     

Looking towards the East: the High Representative’s role in EU foreign policy on Kosovo and Ukraine

ASBTRACT

My article addresses the role of the two post-Lisbon High Representatives (HRs), Catherine Ashton and Federica Mogherini, in EU approach to the Eastern neighbourhood. Adopting a broad conceptualisation of EU foreign policy and drawing on the scholarly literature on new intergovernmentalism, it focuses on events that marked the HRs' mandates in the cases of Kosovo and Ukraine. In the case of Kosovo, it examines the HRs' role in the conclusion of the so-called Brussels Agreement (April 2013); and of the August 2015 agreements. In the case of Ukraine, it reconstructs how the HRs dealt with the events leading up to the November 2013 Vilnius Summit; and with those leading up to the conclusion in February 2015 of the Minsk II Agreement. The article argues that the European Council exerts tight control over the post-Lisbon HR, and EU foreign policy-making processes more generally. Nonetheless, the empirical analysis demonstrates that, under certain circumstance, the HR can significantly influence EU foreign policy in the post-Lisbon era.     

The convergence of transatlantic sanction policy against Iran

Between 1996 and 2012, cooperation between the United States (US) and the European Union (EU) on Iran sanctions underwent a dramatic shift from open disagreement to almost unanimous consensus. Whereas the US preferred negative sanctions throughout this period, the EU opted at first for using economic incentives and dialogue. The EU’s diverging approach exemplified the overall preference for multilateralism and engagement strategies over unilateral coercive measures. Beginning in 2005, however, European sanction policy towards Iran converged with that of the US. In this article, I argue that the convergence of transatlantic sanction policy against Iran cannot be understood without the pressure employed by Washington. The US pressure campaign consisted of secondary sanctions against European companies. As necessary condition, US pressure has been a key external factor that complemented the EU’s internal developments fostering a more coercive approach towards Tehran after the revelation of the Iranian nuclear programme in 2002 and the breakdown of the E3 (Great Britain, France and Germany) negotiations in 2005.     

Tempering the EU? NGO advocacy in the Area of Freedom,Security, and Justice

The European Union's (EU) area of Freedom, Security and Justice (AFSJ) portfolio comprises policy areas such as immigration and asylum, and police and judicial cooperation. Steps were taken to bring this field into the mandate of the EU first by the Maastricht Treaty, followed by changes implemented by the Amsterdam and Lisbon Treaties, the last one ‘normalizing’ the EU's erstwhile Third Pillar. As the emergent EU regime continues to consolidate in this field, NGOs of various kinds continue to seek to influence policy-making and implementation, with varying success. This article seeks to establish the context in which NGOs carry out their work and argues that the EU-NGO interface is impacted both by the institutional realities of the European Union and the capacities of EU-oriented NGOs to seize and expand opportunities for access and input into the policy cycle. Using EU instruments representing three different policy bundles in AFSJ (immigration, asylum and judicial cooperation in criminal matters), the article seeks to map out NGO strategies in engaging and oftentimes resisting European Union policy instruments.     

Beyond contestation: conceptualizing negotiation in democracy promotion

ABSTRACT

This article presents an analytical framework that guides the contributions to this special issue and, in general terms, aims at enabling a systematic investigation of processes of negotiation in the international promotion of democracy. It first briefly introduces the rationale for studying democracy promotion negotiation, offers a definition, and locates the general approach within the academic literature, bringing together different strands of research, namely studies of negotiation in international relations as well as research on democratization and democracy promotion. The larger part of the article then discusses key concepts, analytical distinctions and theoretical propositions along the lines of the three research questions that are identified in the introduction to this special issue. More specifically, the article (1) offers a typology that facilitates a systematic empirical analysis of the issues that are discussed in democracy promotion negotiations; (2) takes initial steps towards a causal theory of democracy promotion negotiation by identifying and discussing a set of parameters that can be expected to shape such negotiations; and (3) introduces key distinctions and dimensions that help guide empirical research on the output and outcome of negotiations in democracy promotion.     

Europe and Iran’s Nuclear Issue: The Labours and Sorrows of a Supporting Actor

At the time of writing, representatives from Iran and the E3/EU+3 are trying to work out an agreement that will guarantee that Iran’s controversial nuclear programme, widely suspected of having a military purpose, serves only peaceful ends. As the negotiations enter their most crucial phase, the time is ripe to attempt an assessment of the role played by the only actor, besides Iran, that has been on stage since it all began over ten years ago: Europe. Throughout this long drama, Europe’s performance has had some brilliant moments. Yet the quality of its acting has decreased as a new protagonist, the US, has come on stage. Overall, the Europeans’ record is positive, albeit not entirely spotless.     

Police,policy and politics in Brussels: scenarios for the shift from sovereignty to solidarity

This article analyses the evolution of European Union (EU) police cooperation on the basis of structural processes in the form of agencification, regulation and standardization, as well as substantive processes in the form of information-sharing and multi-disciplinary cooperation. The Lisbon Treaty holds some key conditions for further integration. The level of integration of police cooperation in the EU is measured by analysing institutional power, the regulatory framework and transnational professionalism. Despite a positive score on each of these levels, member states remain caught between national sovereignty and solidarity. As a consequence, they face an implementation gap and have not embedded European police cooperation in their domestic systems. Building on the pro-integrative moves that have been introduced by virtue of the Lisbon Treaty, improved governance and deeper integration can be achieved by means of more active parliamentary involvement, independent police oversight (both at European and at the national level), the mainstreaming of cooperation mechanisms and a systematic Europe-wide cultivation of police professionalism. Within the realm of internal security cooperation in the EU, a concerted effort is required which demands close consultation between relevant institutional actors and the professional actors in the member states.     

Parliamentary assertion and deep integration: the European parliament in the CETA and TTIP negotiations1

Abstract

Scholars have long viewed parliamentarians as parochial actors having little interest, or incentive to engage, in international diplomacy. Yet, parliaments have recently taken on a very active role in various international negotiations. This article explores the role of the European Parliament (EP) in the European Union (EU)–Canada Comprehensive Economic and Trade Agreement (CETA) and the EU–United States Transatlantic Trade and Investment Partnership (TTIP) negotiations. Drawing on classic institutionalist insights, it develops the concept of parliamentary assertion and explores its usefulness through a combination of comparative and process-tracing analyses. The conclusions are threefold: (1) the EP has asserted its power in international trade matters beyond the simple power of consent; (2) the EP’s search for legitimacy in the EU polity is driving this phenomenon; and (3) this phenomenon is significant beyond the current CETA and TTIP negotiations.     

The hybrid role of the High Representative in the security and defence field: more in 10 months than in the 10 years?

ABSTRACT

Despite a growing “momentum” on European Union (EU) security and defence, there are no academic analyses that aim to systematically assess the role of the High Representative of the Union for Foreign Affairs and Security Policy and Vice President of the European Commission (HR/VP) in these strategic domains. This is surprising given that the HR/VP is one of the central actors in the complex institutional architecture of EU security and defence. To fill this gap in the scholarly literature and to contribute to a more fine-grained analysis of the two post-Lisbon Treaty HR/VPs, the article assesses Ashton and Mogherini’s mandates in these fields. This study is particularly relevant because the HR/VP’s hybrid institutional role may represent a unique analytical angle to investigate a formally intergovernmental sector, strongly shaped also by EU institutions’ authority over defence-industrial policy. Following these considerations, the article looks at how the two HR/VPs managed to navigate both the military and the defence-industrial dimensions of EU security and defence.     

The European Parliament as an actor in EU border policies: its role,relations with other EU institutions,and impact

This contribution focuses on the European Parliament (EP) as an actor in European Union (EU) border policies. It situates the Parliament in the dynamics of the Schengen project and discusses the distinct role it plays therein, as well as its impact thereon. The article argues that the EP managed to establish itself, years before the entry into force of the Lisbon Treaty, as a credible actor in border policies able to bring the citizens’ perspective into EU border policies. With its keen interest in the Schengen area as an area in which citizens can move freely without being subject to border controls, and with its focus on fundamental rights, it played, and continues to do so, a role in ensuring that “Schengen works”. The article presents its powers and the interplay with the other EU institutions, mainly on the basis of a number of key examples.     

EU police and judicial cooperation before the Treaty of Lisbon: strengthening of the weakest link?

Abstract

Three key questions arise from the encroachment of the European Union (EU) on national prerogatives in the administration of justice: What factors contribute to the weakest link collective action problem attending police and judicial cooperation within the EU? What were the substantive and institutional goals of the EU in this policy domain? What accounts for the rising level of police and judicial cooperation despite the persistence of barriers to cooperation and incentives to defect? This article first establishes the fundamental incentives and obstacles to cooperation in matters of transnational security threats in post-Westphalian Europe. It then proceeds to explore the evolution of police and judicial cooperation in Justice and Home Affairs between 1999 and 2009, to assess national contributions to police and judicial cooperation, and to consider the potential impact that the changes introduced by the Lisbon Treaty, Stockholm Programme and European Investigation Order. A final question is considered in the conclusion: Did the level and extent of police and judicial cooperation that emerged between 1999 and 2009 give rise to a community of practice that in turn fostered a nascent community of identity resilient enough to mitigate the weakest link technology of public goods production endemic to this policy domain?     

Ministers,Markets and Missiles: The British Government,the European Economic Community and the Nuclear Non-Proliferation Treaty, 1964–68

Existing accounts of British efforts to achieve a nuclear non-proliferation treaty between 1964 and 1968 largely overlook the later stages of decision making within the Labour government. Scrutiny of previously classified sources reveals that a desire for entry into the European Economic Community had a much larger influence on the content and conduct of British non-proliferation policy than previously suggested. By 1967, Prime Minister Harold Wilson sought a secondary role in treaty negotiations, and left the running to the superpowers. This avoided unnecessary conflict with the countries of the Community, resentful of the Treaty's discriminatory terms, and helped to protect Britain's application to join the EEC. Although this bid was unsuccessful, ambitions for future membership continued to influence non-proliferation policy in 1968. Indeed, a desire for future entry into the EEC helps to explain why Britain became the first nuclear weapon state to ratify the Treaty.     

Russian–Japanese relations after the Russo-Japanese war in the context of world politics

Abstract

The Treaty of Portsmouth could not solve all the diplomatic problems between Russia and Japan, and dissenting voices were heard in both countries. Nevertheless, Russo-Japanese relations went in the direction of not only normalization, but also building an alliance. That radical change from hostility has not often happened in history and needs careful research, in particular the early stages of this process after the conclusion of the Treaty of Portsmouth. The construction of an alliance was not the primary goal at the beginning of Russo-Japanese negotiations after the war between the two nations. This goal appeared during the process of solving different problems, and so the international situation is extremely important to understand changes in Russo-Japanese relations. This process had several facets. First, there was the deterioration in Anglo-German relations with a corresponding realignment of British policy towards Russia. Second was the resolution of problems in Central Asia between Russia and Great Britain. Third, there was the mutual interests Japan and Russia had in China, in particular rail interests, which were related to the organic unity of the northern part of the Russian railroad in China. Finally, Russia had the desire to keep relations with France as a corner-stone of foreign policy.