Правовое регулирование вопросов внешнеэкономической политики Европейского союза по Амстердамскому договору 1997 года

Abstract

One of the main tasks of the Intergovernmental conference for the revision of the Maastricht Treaty was to ensure that the European Union would have "a stronger voice in world affairs". The events which had taken place in Europe in the beginning of the decade proved that the reaction of the EU countries to them had not always been adequate, timely and effective. The core issue in reviewing the second pillar procedure was the unanimity rule for the decision-making in the foreign affairs sphere. This basic principle of the Common Foreign and Security Policy (CFSP) in the Treaty of the European Union was considerably modified and developed in the text of the Amsterdam Treaty. The author describes the amendments proposed for the scope of decisions to be taken by the EU on the CFSP matters. Detailed consideration is given to the provisions of Article J.13, which established new procedures for the decision-making in the Council within the second pillar of the Union. A special emphasis is put on the fact that with the introduction of the possibilities for abstention from and for the adoption of the decisions by the qualified majority voting, the new draft of this article enables the implementation of the decisions which might not have formal support from all the member-states. Although the countries reserved their right to veto the voting in the Council, in which case it would be up to the European Council to take decision by unanimity. The second group of amendments of the CFSP Title concerns the introduction of the post of the High Representative for the common foreign and security policy which is combined with the existing post of the Secretary General of the Council. In this context the author analyses new principles for the formation of the EU «Troika», the new role of the Commission and other bodies in elaborating proposals and recommendations in the CFSP sphere, the procedures for the conclusion of the international agreements with third parties. The article describes the new principle of financing the CFSP activities on the basis of the Inter-institutional agreement between the European Parliament, the Council and the Commission, as well as new provisions of the Amsterdam Treaty, establishing the relationship between the CFSP and budget procedures of the European Communities. The author concludes that the new CFSP Title brings considerable changes to the existing mechanisms under Maastricht Treaty, reflects the tendency to use the procedures of the first pillar of the CFSP matters. It should be considered as a firm step towards making the EU CFSP more efficient and giving Europe a stronger voice in world affairs.