
Contents
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I Introduction I Introduction
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II The Concepts of Internal and External Differentiation in the Context of CFSP II The Concepts of Internal and External Differentiation in the Context of CFSP
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III Differentiated Integration through CFSP Instruments III Differentiated Integration through CFSP Instruments
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A CFSP differentiation mechanisms of general nature A CFSP differentiation mechanisms of general nature
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1 Constructive abstention 1 Constructive abstention
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a) Legal nature a) Legal nature
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b) Scope of differentiation through non-legal acts b) Scope of differentiation through non-legal acts
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c) Scope of differentiation through legal instruments c) Scope of differentiation through legal instruments
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2 Enhanced cooperation 2 Enhanced cooperation
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B Specific differentiation mechanisms in the area of CSDP B Specific differentiation mechanisms in the area of CSDP
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1 The Treaty-based opt-out 1 The Treaty-based opt-out
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C Permanent structured cooperation (PESCO) C Permanent structured cooperation (PESCO)
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IV Conclusions IV Conclusions
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4 Differentiated Integration in EU Foreign, Security, and Defence Policy
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Published:June 2024
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Abstract
The primary objective of the Common Foreign and Security Policy (CFSP) (furthering convergence of Member States’ foreign policy preferences to project the united position of the European Union (EU) vis-à-vis third actors) makes this policy field not particularly suited for differentiation. This unsuitability is reinforced by the Treaty-based constraints linked to the use of differentiation mechanisms, as well as by possible jurisprudential limitations in the application of constructive abstention. The widespread use of political (non-legal) instruments—approved by consensus, and therefore not open to differentiation—to define and implement Union policy in the field further reduces the scope for differentiation. Differentiated integration proper can be observed only in the subfield of the Common Security and Defence Policy (CSDP), which allows for presenting outside actors with a unified EU position while taking account of different capabilities of and contributions by the Member States. More differentiation could be introduced in CFSP, either by using more frequently legal acts instead of political acts, or by applying Treaty-based procedures to the approval of political acts. This would allow for doing away with consensus, and relying more on unanimity, coupled with constructive abstention, implying a change in the long-standing institutional culture linked to CFSP. Paradoxically perhaps for the politically sensitive area of foreign policy, Treaty-based procedures serve differentiation, and hence flexibility, better than the traditional political process.
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