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EEAS 2.0 a Legal Commentary on Council Decision 2010/427/EU Establishing the Organisation and Functioning of the European External Action Service

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EEAS 2.0 a Legal Commentary on Council Decision 2010/427/EU Establishing the Organisation and Functioning of the European External Action Service In cooperation with EEAS 2.0 A legal commentary on Council Decision 2010/427/EU establishing the organisation and functioning of the European External Action Service Steven Blockmans & Christophe Hillion (editors) Contributors Steven Blockmans | Marise Cremona| Deirdre Curtin Geert De Baere | Simon Duke | Christina Eckes Christophe Hillion | Bart Van Vooren | Ramses Wessel | Jan Wouters Brussels, February 2013 The EEAS 2.0 research project is carried out by the Swedish Institute for European Policy Studies (SIEPS), the European University Institute (EUI), and the Centre of European Policy Studies (CEPS), in cooperation with the Amsterdam Centre for European Law and Governance (ACELG), the Centre for the Law of EU External Relations (CLEER), the European Institute of Public Administration (EIPA), the Leuven Centre for Global Governance Studies and the University of Copenhagen. This report is available on the websites of the participating institutions. The opinions expressed in this report are those of the contributors and are not necessarily representative of the organisations mentioned above. ISBN 978-94-6138-270-2 © Copyright 2013, the authors. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means – electronic, mechanical, photocopying, recording or otherwise – without the prior permission of the Centre for European Policy Studies. Centre for European Policy Studies Place du Congrès 1, B-1000 Brussels Tel: (32.2) 229.39.11 Fax: (32.2) 219.41.51 E-mail: [email protected] Internet: www.ceps.eu TABLE OF CONTENTS Preface ............................................................................................................................................... i Contributors .................................................................................................................................... ii List of terms and abbreviations..................................................................................................... iii ARTICLE 1 Nature and scope ........................................................................................................ 1 ARTICLE 2 Tasks ............................................................................................................................ 8 ARTICLE 3 Cooperation............................................................................................................... 15 ARTICLE 4 Central administration of the EEAS ........................................................................ 24 ARTICLE 5 Union delegations ..................................................................................................... 31 ARTICLE 6 Staff ............................................................................................................................ 37 ARTICLE 7 Transitional provisions regarding staff................................................................... 44 ARTICLE 8 Budget ....................................................................................................................... 45 ARTICLE 9 External action instruments and programming ..................................................... 53 ARTICLE 10 Security .................................................................................................................... 61 ARTICLE 11 Access to documents, archives and protection ..................................................... 69 ARTICLE 12 Immovable property ............................................................................................... 74 ARTICLE 13 Final and general provisions.................................................................................. 75 PREFACE ursuant to Article 13(3) of Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (EEAS), the P High Representative of the Union for Foreign Affairs and Security Policy is expected to provide a review of the organisation and functioning of the European External Action Service (EEAS) by mid-2013. This review will cover, inter alia, the implementation of Article 6(6), (8) and (11), so as to ensure an adequate geographical and gender balance and a meaningful presence of nationals from all member states in the EEAS. If necessary, the review will be accompanied by appropriate proposals for the revision of the 2010 Council Decision (e.g. suggestions for additional specific measures to correct possible imbalances of staffing). In that case, the Council will, in accordance with Article 27(3) TEU, revise the Decision in light of the review by the beginning of 2014. This short and user-friendly legal commentary on the 2010 Council Decision, the first of its kind, is intended to inform those involved in the review process and to serve as a reference document for practitioners and analysts dealing with the EEAS. This commentary is not an elaborate doctrinal piece, but rather a textual and contextual analysis of each article that takes account of (i) other relevant legal provisions (primary, secondary, international), (ii) the process leading to the adoption of the 2010 Council Decision (i.e. travaux préparatoires), (iii) the preamble of the Council Decision, and (iv) insofar as it is possible at this stage, early implementation. Wherever relevant, cross-references to other provisions of the Council Decision have been made so as to tie in the different commentaries and ensure overall consistency. The commentary has been produced by an independent, multinational and multidisciplinary team of scholars brought together by Swedish Institute for European Policy Studies (SIEPS), the European University Institute (EUI) and the Centre of European Policy Studies (CEPS) in the framework of the so-called ‘European External Action Service 2.0’ project. This research project is carried out in cooperation with the Amsterdam Centre for European Law and Governance (ACELG), the Centre for the Law of EU External Relations (CLEER), the European Institute of Public Administration (EIPA), the Leuven Centre for Global Governance Studies, and the University of Copenhagen. To serve the ulterior aims of the project, the research team will, in the upcoming months, collect views from different stakeholders about problems faced in the implementation of the EEAS Council Decision and challenges to the organisation and functioning of the EEAS. In particular, the project team will assess whether there is enough interpretative room in the current Council Decision to accommodate changes to the organisation and functioning of the EEAS ‘à droit constant’. If the margins of appreciation appear too restricted, then the project will offer recommendations as to how to amend the 2010 Council Decision in order to improve the organisation and functioning of the EEAS. The research outputs of this next phase of the project will take the form of a policy briefing with recommendations, to be published at the end of June 2013. A more elaborate academic booklet, compiling all papers produced during the project, will appear this autumn. The products of the EEAS 2.0 project will be published through the regular channels of the research centres involved in this collaborative framework. Christophe Hillion & Steven Blockmans Research coordinators, ‘EEAS 2.0’ i CONTRIBUTORS Steven Blockmans is Senior Research Fellow and Head of the EU Foreign Policy Unit at the Centre for European Policy Studies (CEPS), Professor of EU External Relations Law and Governance at the University of Amsterdam, Visiting Professor at the University of Leuven, and a founding member of the Centre for the Law of EU External Relations (CLEER). Marise Cremona is President ad interim of the European University Institute, Florence, and has been Professor of European Law and a co-Director of the Academy of European Law at the EUI since 2006. She is a member of the Governing Board of the Istituto Affari Internazionali and a member of the Academic Network of the Swedish Institute for European Policy Studies (SIEPS). Deirdre Curtin is Professor of European Law at the University of Amsterdam and holds the part-time position of Professor in European and International Governance at the Utrecht School of Governance of the University of Utrecht. She is (founding) Director of the Amsterdam Centre for European Law and Governance (ACELG). Geert De Baere is Assistant Professor of International Law and EU Law at the Faculty of Law and Senior Member of the Leuven Centre for Global Governance Studies, University of Leuven. Simon Duke is Professor at the European Institute of Public Administration (EIPA), Maastricht, Netherlands. He also serves as adjunct faculty at the Federal Executive Institute in Charlottesville Virginia and is co-Executive Editor of the Journal of European Integration. Christina Eckes is Associate Professor in EU law at the University of Amsterdam and Senior Researcher at the Amsterdam Centre for European Law and Governance (ACELG). In 2012/2013, she is Emile Noël Fellow-in-Residence at New York University. Christophe Hillion is Professor of European Law at the University of Leiden, Senior Researcher at the Swedish Institute for European Policy Studies (SIEPS), and a founding member of the Centre for the Law of EU External Relations (CLEER). Bart Van Vooren is Assistant Professor of European Law at the Law Faculty of the University of Copenhagen, where he is Co-Director of the Centre for European Constitutional and Security Law. He is Associate Fellow at
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