Sommaire

• The High Representative for Foreign Affairs
• The European External Action Service

The Lisbon Treaty, which entered into force on December 1st 2009, strengthens the role of the European Union on the international scene by giving it legal personality and by uniting the three former pillars that used to make up the European Communities.

As such, the treaty meets the expectations of European citizens, 67% of whom, according to a Eurobarometer in June 2007, want a common foreign policy. However, asserting this international power is difficult because the Union remains primarily the sum of its Member States..

Regarding the Common Security and Foreign Policy (CFSP), the Lisbon Treaty mainly picks up the clauses from the European constitution project (which was rejected in 2005) but it does innovate in terms of the organs that will represent it.

In practice, it makes provisions for a High Representative of the Union for foreign affairs and security policy (to replace the minister for foreign affairs planned for in the constitution project) and a European External Action Service.

Planned for since the European constitution project, the High Representative of the Union for foreign affairs and security policy was initially intended to by a “European minister for foreign affairs”.

However at the time, the title of the job was the subject of much debate. Some Member States, the United Kingdom first among them, were against this title because it sounded a bit too supranational for their liking. The term “High Representative” was thus preferred to that of “minister” in the Lisbon Treaty which also abandoned mention of “European diplomacy”.

Catherine Ashton

Largely unknown to the general public, even in Great Britain, Briton Catherine Ashton was appointed on November 19th 2009 to the position of High Representative for a five-year mandate. She is the first person to hold the position. A member of the labour party, she had been appointed European Trade Commissioner in 2008, replacing Peter Mandelson.

See her biography [FR]

The Lisbon Treaty’s establishment of a High Representative of the Union for foreign affairs and security policy primarily aims to make the European Union’s action on the international diplomacy stage more coherent.

That is why this new job brings together political diplomacy (previously the responsibility of the Secretary-General of the Council of the European Union and the High Representative for the Common Foreign and Security Policy, Mr. Solana) and economic diplomacy (previously the responsibility of the Commissioner for External Relations).

This new figure in the European institutions will thus contribute to ensuring that the economic means of the Union will serve its political ambitions.

The High Representative thus has “three hats”: they preside over the Foreign Affairs Council (on behalf of the rotating president who is still present); they replace the High Representative for CFSP and carry out the role of vice-president of the European Commission responsible for External Relations.

Due to the wide-ranging nature of their duties, the issue of which European institution the High Representative should ally themselves with is problematic. Catherine Ashton seems to have resolved the problem by setting up home in Berlaymont, headquarters of the European Commission.

The duties of the High Representative of the Union are defined in articles 18 and 27 of the Treaty on the European Union (TEU) in which it states that the High Representative:

• Leads the common foreign and security policy of the Union;
  
  
• Contributes through their proposals to the development of this policy and carries it out as Council delegate, and also ensures that decisions adopted in this area are implemented;
  
  
• Presides over the Foreign Affairs Council;
  
  
• Is one of the vice-presidents of the Commission. They monitor the coherence of the Union’s external action. They are responsible, within the Commission, for the duties that are the remit of the Commission in the domain of external relations and for coordinating other aspects of the Union’s external action;
  
  
• Represents the Union in matters relating to the common foreign and security policy, leads political dialogue with third parties on behalf of the Union and presents the position of the Union in international organisations and at international conferences;
  
  
• Exercises their authority with the European External Action Services (EEAS) and with Union delegations in third countries and with international organisations.

The High Representative is appointed by the European Council’s qualified majority with the agreement of the Commission President (article 18 TEU). The Council can end the mandate using the same procedure. 

The High Representative is subjected, along with the Commission College, to the European Parliament’s vote of approval for a mandate of 5 years.

Because of calendar issues due to the entry into force of the Lisbon Treaty, Catherine Ashton, first High Representative of the Union, had her hearing in front of the MEPs one month before the new nominated commissioners.

Powers

The High Representative for CFSP

The position of High Representative for common foreign and security policy was created in 1999 (Treaty of Amsterdam). Javier Solana carried out the duties of EU High Representative for the CFSP from 1999 to 2009. He assisted the Council on questions related to foreign policy while contributing to the formulation, development and implementation of political decisions. He acted on behalf of Council in leading political dialogue with third parties. The six-monthly rotating presidency was responsible for presiding over the “External Relations” Council, representing the Union in the area of CFSP, implementing decisions and putting forward the EU’s position at international level.

The High Representative had different means of carrying out their duties..

He or she can, according to article 30 of the TEU, with the support of the Commission or alone, refer to the Council any issue related to the common foreign and security policy and submit initiatives or proposals to Council..

In carrying out their mission, the High Representative is assisted by the European External Action Service, made up of civil servants from the relevant departments of the Secretariat-General of the Council and the Commission, and seconded national diplomats, according to article 27 of the TEU..

The High Representative collaborates with Member States’ diplomatic services. Commission representatives working abroad under the authority of the High Representative can also be called upon.

A political and security committee also follows the international situation in areas pertaining to the common foreign and security policy. This contributes to the defining of policies by expressing opinions to the Council or the High Representative.

It also overlooks implementation of agreed policies, without prejudice to the remit of the High Representative. Lastly, under the supervision of the Council and the High Representative, it exercises political control and strategic leadership of crisis management operations (article 38 TEU).

The Council can, at the proposal of the High Representative, appoint a special representative who is given a mandate related to particular policy issues. This figure then carries out their mandate under the authority of the High Representative (article 33 TEU).

The financing the High Representative’s missions has some unique features. They are financed by the EU budget except in certain circumstances.

Activities related to operations with military involvement or in the area of defence are not financed by the EU budget. They are financed by a start-up fund consisting of Member States’ contributions.

When a planned mission cannot be financed by the Union budget, it is only with the Council’s permission that the High Representative can use this fund. What’s more, the High Representative is accountable to the Council for carrying out this mandate (article 41 TEU).

Responsibilities

The High Representative has to account for their actions before the European Council (article 15 TEU) as well as in front of the President of the European Commission and the European Parliament (article 17 TEU).

She/he can also resign if the Commission President asks him/her to (article 17.6.c TEU). The High Representative is under the authority of the European Council which can force him/her to resign.

As a Commissioner, the High Representative is subject to the principle of collegiality in the Commission. They must ensure that they have the support of the majority of their colleagues for all initiatives taken in their area of competency because they are members of the Commission.

She/he is also subject to the European Parliament’s vote of approval and loses their job as Commissioner in the event of a vote of no confidence.

Furthermore, she/he regularly consults the European Parliament on the main aspects and fundamental choices of the common foreign and security policy and the common security and defence policy. The High Representative must keep the Parliament informed about the development of these policies and ensure that the views of the European Parliament are taken into consideration.

For its part, the European Parliament can question or formulate recommendations for the High Representative.

Twice per year, a debate takes place on the progress made in implementing the common foreign and security policy including the common security and defence policy (article 35 TEU).

Sources

F.X. Priollaud et D. Siritzky : Le Traité de Lisbonne, La Documentation française, Paris, 2008

Lisbon Treaty – European Commission

The High Representative for Foreign Affairs and Security Policy / The European External Action Service [pdf] - General Secretariat of the Council of the EU

 External Relations - European Commission

En savoir plus

EU External Action [FR]

The Lisbon Treaty

Biography of Catherine Ashton [FR]

Mise à jour : 01/02/10