Document Type

Article

Disciplines

International Law

Abstract

Reflecting on the role of the U.S. hegemon, numerous observers perceive the European Union (hereafter EU) as a possible entity that could counterweight America's supremacy. The division over the Iraqi crisis and the failure to produce a Constitution in December 2003 could lead to the conclusion that Europe does not have a common vision of the world, nor does it have foreign policy instruments matching its economic strength. The U.S. administration itself often seems unable to seize the foreign policy thread that runs through the European institutional labyrinth.

This misconception rests on the lack of understanding that the EU is not yet a governmental equal as the Nation-States that compose it.2 The intricate EU institutional system is also to blame for the lack of perception of the EU's influence in world affairs. The aim of the present article is therefore to introduce the reader to the EU, starting with its peculiar constitutional structure, and to demonstrate that it has a significant influence on international relations.

First, the European Community (hereafter EC) has its own external competence, which is different from the EU. It has the ability to receive a mandate from its Members (hereafter Member States) to conduct international negotiations relating to an EU policy. This will be seen in cases involving the common commercial policy, mixed agreements and community representation. As a true example of what could be the general future interaction between the EC and the EU, the sanction mechanism will be examined, though without establishing a comparison with the system concerning dual-use goods.

Second, the EU has a Common Foreign and Security Policy (hereafter CFSP) and a European Security and Defense Policy (hereafter ESDP) that have evolved significantly in the last decade. Third, the Convention on the future of Europe, inspired by the 1787 American model, produced a draft that put forward more integrated means of foreign policy. Although Europe does not have a Constitution yet, the path to an enhanced common conduct of external relations is already traced and should lead to consistent, coherent and efficient European actions in this field. Having examined the evolution of the EC's own external competence towards a closer cooperation with the Member States, and the progress recorded by the CFSP and the ESDP, it will be concluded that the major legal obstacles to a more decisive European Foreign Policy will soon be overcome, albeit in a way that might not be in line with the traditional Community method. Before entering into the substance of the matter, a few preliminary remarks can be useful to the reader who may be unaware of the complexity of the European institutions.

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