Article 21 TEU ; Articles 205, 220, 221 TFEU, Smit & Herzog on The Law of the European Union, New York, Lexis Nexis, 2019 (original) (raw)
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Since it assumed competences in the area of security and defence, the EU has become a complete regional organization in the sense of the Chapter VIII of the UN Charter. This article explains the current situation, following the recognition of the EU's special status by the United Nations and the entry into force of the Treaty of Lisbon. The future implementation of the mutual defence clause can improve the relevance of the European role as a security actor in the global framework of the UN and add a new task to its traditional peace-keeping, crisis management, and conflict prevention operations. In addition, the EU is an important political actor in the implementation of UN Security Council (UNSC) resolutions, especially those concerning the sanctions against individuals considered as belonging to terrorist organizations. By refusing the implementation of a UNSC resolution that fails to protect human rights, the EU can contribute to the evolution of the UN Charter legal order and be a political force to be reckoned with in the Security Council. The EU orientation, as reflected in its values, including respect for international law, can both reinforce the legitimacy of some UNSC resolutions and improve the credibility and specificity of the EU as an international actor.
CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION
DETERMINED to lay the foundations of an ever closer union among the peoples of Europe, RESOLVED to ensure the economic and social progress of their States by common action to eliminate the barriers which divide Europe, AFFIRMING as the essential objective of their efforts the constant improvements of the living and working conditions of their peoples, RECOGNISING that the removal of existing obstacles calls for concerted action in order to guarantee steady expansion, balanced trade and fair competition, ANXIOUS to strengthen the unity of their economies and to ensure their harmonious development by reducing the differences existing between the various regions and the backwardness of the less favoured regions, DESIRING to contribute, by means of a common commercial policy, to the progressive abolition of restrictions on international trade, INTENDING to confirm the solidarity which binds Europe and the overseas countries and desiring to ensure the development of their prosperity, in accordance with the principles of the Charter of the United Nations, RESOLVED by thus pooling their resources to preserve and strengthen peace and liberty, and calling upon the other peoples of Europe who share their ideal to join in their efforts, DETERMINED to promote the development of the highest possible level of knowledge for their peoples through a wide access to education and through its continuous updating, and to this end HAVE DESIGNATED as their Plenipotentiaries:
The European Union's international representation
2009
On 1st December 2009, the Lisbon Treaty (1) came into force, thus ending several years of negotiations on institutional issues. Treaty of Lisbon amends the Treaty on European Union and the EC Treaties (without replacing them) and puts at the disposal of the Union the legal framework and the necessary legal instruments to deal with future challenges and to meet the expectations of citizens. Europe as an actor on the international scene - foreign policy tools available to Europe are grouped both in terms of development and adoption of new policies. The Treaty of Lisbon gives Europe a clearer voice in relations with its partners around the world. It also uses the force of Europe in the economic, humanitarian, political and diplomatic support to promote European interests and values worldwide, while at the same time, the specific interests of the Member States in the field of Foreign Affairs. The appointment of a high representative of the Union for Foreign Affairs and security policy, ...
2007
WE, THE CITIZENS OF THE EUROPEAN UNION, through our legitimate political representatives which have been lawfully appointed in accordance with respective constitutional requirements of all the Member States, DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which the inviolable and inalienable rights of the human person, freedom, democracy, social justice, equality and the rule of law have been irreversibly established, BELIEVING that Europe, reunited after bitter experiences, intends to continue along the path of civilization and prosperity for the good of all its inhabitants, including the weakest and the most deprived; and that it wishes to remain a continent open to culture, learning and social progress; and to strive for peace, justice and solidarity throughout the world, DETERMINED, while remaining proud of our own national identities and history, to transcend our former divisions and, united ever more closely, to forge a common destiny, DESIRING to form a more perfect Union, which shall continue and improve the work accomplished within the framework of the Treaties establishing the European Communities and the Treaty on European Union, by ensuring the continuity of the Community acquis, strengthening the protection of human rights, providing for a more democratic and transparent public life, a single voice in international relations and a common defence, HEREBY adopt the following: TREATY ESTABLISHING A CONSTITUTION FOR EUROPE "Realistic" Group 8 PART I-BASIC PROVISIONS Article 1 Establishment of the Union Reflecting the will of the citizens and States of Europe to build a common future, this Treaty Establishing a Constitution for Europe (hereinafter referred to as the 'Constitution') establishes the European Union, on which the Member States confer competences to attain objectives they have in common. The Union shall coordinate the policies by which the Member States aim to achieve these objectives, and shall exercise on a Community basis the competences they confer on it. The Union shall be open to all European States, which respect its values and are committed to promoting them together. Article 2 The Union's Values The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity, equality between woman and man and respect for cultural, religious and racial diversities prevail. Article 3 The Union's objectives 1. The Union's aim is to promote peace, its values and the well being of its peoples.