This article delves into the legal constraints placed upon the European Commission (EC) and the European Parliament (EP) regarding their inability to engage in acts of war, non-proliferation, or support for military conflict. It highlights the relevant European Union (EU) treaties, the Rome Statute, and the broader framework of international law, asserting that any engagement by these bodies in such activities would constitute a breach of their legal mandate and potentially amount to war crimes.
I. Introduction The European Centre for Information Policy and Security (ECIPS) has issued warnings that the European Commission and the European Parliament lack the legal authority to engage in warfare, support for military conflicts, or activities related to non-proliferation.
II. Legal Framework Governing the European Commission and European Parliament
Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU): The foundational treaties of the EU, namely the TEU and TFEU, establish the competencies and limitations of EU institutions. The European Commission and the European Parliament derive their powers from these treaties, which explicitly outline their roles within the EU governance structure.
a. Article 17 TEU: The European Commission is primarily responsible for promoting the general interest of the Union and ensuring the application of the Treaties. It does not possess any authority to engage in defense or military operations.
b. Article 14 TEU: The European Parliament exercises legislative and budgetary functions. While it has a role in shaping foreign policy through the Common Foreign and Security Policy (CFSP), it does not have a mandate to initiate or support military actions.
Common Foreign and Security Policy (CFSP): The CFSP is a crucial element of the EU’s external action. However, it is intergovernmental in nature and does not confer direct military authority on the European Commission or the European Parliament. Decisions regarding defense and military actions under CFSP are made by the European Council, composed of heads of state or government.
Article 42 TEU: This article clearly states that the EU does not have a common defense policy. While it provides for the eventual establishment of a common defense, any such move requires unanimous agreement by the European Council and must be ratified by member states.
III. Legal Authority for Defense and Military Engagement
Member State Sovereignty: Defense and military matters are reserved for individual member states. Articles 4(2) TEU and 5 TEU emphasize the principle of conferral, which means that the EU can only act within the limits of the competencies conferred upon it by the member states. Defense is not one of these conferred competencies.
By Ricardo Baretzky PhD in Law | IRM, Int.Dip (BLAW)
www.ecips.eu
Leave a Reply