EU External Action
What the exam tests
External action questions test the EU's competences and procedures in trade, development, neighbourhood, sanctions and the common foreign and security policy (CFSP). The key is to identify the correct legal basis and the role of the institutions. The EU has no general army or police power; CSDP missions are decided by the Council and may use civilian or military means.
Core rules
- Article 21 TEU sets the principles: democracy, rule of law, human rights, and respect for international law. CFSP is governed by Articles 24-46 TEU and remains intergovernmental: the European Council and Council act mainly by unanimity, and the High Representative/Vice-President conducts CFSP.
- The common commercial policy is an exclusive EU competence under Article 207 TFEU; the Commission negotiates and the Council authorises, with European Parliament consent for most agreements.
- International agreements are concluded under Article 218 TFEU. Mixed agreements require both EU and Member State ratification where competences are shared.
- Restrictive measures generally use Article 215 TFEU, not CFSP provisions alone, to give effect to sanctions. Sanctions must respect due process and judicial review.
- Development cooperation and neighbourhood policy are shared competences; the EU uses association agreements, trade preferences and financial instruments.
Worked example
The EU negotiates a free trade agreement with a partner country. The Commission negotiates on a mandate from the Council. The Council adopts the signing decision; the European Parliament must consent for the agreement to be concluded. If the agreement includes portfolio investment and dispute settlement that touch Member State competences, it may be mixed, requiring national ratification. The EU may apply parts provisionally if the agreement so provides.
Traps
Do not say the European Parliament negotiates trade agreements. Do not use Article 215 as the sole basis for CFSP decisions. Do not assume all external agreements are EU-only. Do not forget that CFSP generally excludes legislative acts. Do not confuse the European External Action Service with the Commission.