The Common Security and Defence Policy: Military Cooperation and European Security

The Common Security and Defence Policy: Military Cooperation and European Security

Introduction

The Common Security and Defence Policy (CSDP) is the framework through which the European Union develops its capacity to prevent conflicts, manage international crises, support peace and stability, and strengthen the security cooperation of its Member States. It forms an integral part of the Common Foreign and Security Policy (CFSP), but addresses a distinct dimension of European external action: the practical organisation of civilian and military capabilities for international security purposes.

The CSDP reflects a fundamental characteristic of European integration. The Member States have agreed that many contemporary security challenges cannot be addressed effectively through isolated national action. Armed conflict, terrorism, maritime insecurity, cyber threats, regional instability, and the proliferation of weapons may have consequences extending far beyond national borders. Cooperation can therefore increase the capacity of European states to respond to crises, coordinate resources, and contribute to international peace and security.

Nevertheless, the CSDP is not a federal defence system. The European Union does not possess a standing army, and national governments retain control over their armed forces, defence budgets, and decisions concerning military deployment. EU military operations depend on capabilities and personnel made available by participating Member States. The Union provides the political, legal, institutional, and operational framework within which these contributions can be coordinated.

The legal foundations of the CSDP are principally found in Articles 42–46 of the Treaty on European Union (TEU), together with Protocol No 10 on Permanent Structured Cooperation and relevant provisions of the Treaty on the Functioning of the European Union (TFEU). These rules establish the Union’s operational capacity, the range of permissible missions, mutual assistance obligations, defence cooperation mechanisms, and the institutional procedures governing military and civilian action.

The policy has evolved considerably since the early European defence initiatives of the 1990s. It now includes military training missions, maritime operations, civilian security missions, defence-capability development, joint procurement initiatives, and structured cooperation among groups of Member States. Its strategic importance has increased as European governments reassess the security environment, the future of transatlantic relations, and the requirements of European defence preparedness.

This article examines the CSDP as a legal and institutional system. It analyses its historical development, Treaty foundations, decision-making arrangements, military and civilian missions, Permanent Structured Cooperation, defence capabilities, relationship with NATO, financing, accountability, and the principal challenges affecting European security cooperation.

1. Historical Development of European Security and Defence Cooperation

1.1 Early attempts at European defence integration

The idea of a common European defence policy predates the establishment of the European Union.

In the aftermath of the Second World War, European governments recognised the need for collective security arrangements capable of preventing renewed conflict and responding to the strategic realities of the emerging Cold War.

One of the earliest initiatives was the proposal for a European Defence Community (EDC), developed in the early 1950s. The project envisaged a common European military structure, including integrated armed forces. It was intended to permit the rearmament of West Germany within a European framework rather than through an entirely independent national military system.

The EDC Treaty was signed in 1952 but never entered into force because the French National Assembly rejected ratification in 1954. The failure demonstrated the political and constitutional difficulties of transferring military authority to a supranational organisation.

European defence cooperation subsequently developed through intergovernmental arrangements, particularly the Western European Union (WEU), established under the 1954 modified Brussels Treaty. NATO remained the principal collective defence organisation for most Western European states.

The European Communities concentrated primarily on economic integration, while defence and military security remained largely within national and transatlantic frameworks.

1.2 The Maastricht Treaty and the creation of the CFSP

The Treaty on European Union, signed at Maastricht in 1992, introduced the Common Foreign and Security Policy as part of the newly established EU structure.

Although the CFSP initially focused on diplomatic coordination, the Treaty also contemplated the eventual framing of a common defence policy.

The Western European Union was identified as an organisation that could contribute to the development of the defence dimension of European integration.

The Maastricht framework therefore established the political foundation for a more organised European approach to security, without transferring national military command to the Union.

1.3 The Petersberg Tasks and the development of operational capabilities

An important stage in the development of European security cooperation was the incorporation of the Petersberg Tasks into the European framework.

Originally adopted by the Western European Union in 1992, these tasks covered humanitarian and rescue operations, peacekeeping, and the use of combat forces in crisis management, including peace-making.

They reflected a model of European security cooperation based not on the creation of a traditional collective defence alliance, but on the ability to undertake external crisis-management operations.

The Amsterdam Treaty incorporated the Petersberg Tasks into the EU framework, and the Lisbon Treaty later expanded and clarified the range of missions under Article 43 TEU.

1.4 The Saint-Malo declaration and the emergence of an operational EU defence policy

The 1998 Saint-Malo declaration by France and the United Kingdom was a decisive political development.

The two governments agreed that the European Union should possess the capacity for autonomous action, supported by credible military forces and the means to decide on their use.

The declaration helped overcome earlier disagreements about whether the Union should develop an independent operational capacity or remain primarily dependent on NATO structures.

Following Saint-Malo, the European Council developed institutional arrangements for crisis management, including the Political and Security Committee, the EU Military Committee, and the EU Military Staff.

The first EU-led military operations followed in the early 2000s, demonstrating that the Union could undertake missions using national military contributions within a common political and operational framework.

1.5 The Lisbon Treaty and the modern CSDP

The Lisbon Treaty, which entered into force in December 2009, gave the CSDP its present Treaty structure.

It introduced or clarified several important mechanisms:

• The mutual assistance clause under Article 42(7) TEU.
• The possibility of Permanent Structured Cooperation under Articles 42(6) and 46 TEU.
• An expanded description of the Union’s crisis-management missions under Article 43 TEU.
• The role of the European Defence Agency under Article 42(3) TEU.
• The institutional relationship between the CSDP and the wider CFSP.

The Treaty did not create a common European army. Instead, it provided a more developed legal framework for defence cooperation while preserving national control over military forces.

The European Parliament’s Common Security and Defence Policy overview explains the historical and institutional development of the policy. European Parliament+1

2. Legal Foundations and Constitutional Principles

2.1 Article 42 TEU: The operational capacity of the Union

Article 42 TEU is the central legal provision governing the CSDP.

It establishes that the policy forms an integral part of the CFSP and provides the Union with an operational capacity drawing on civilian and military assets. These assets may be deployed on missions outside the Union for peacekeeping, conflict prevention, and the strengthening of international security, consistently with the principles of the United Nations Charter.

The Treaty expressly states that the performance of these tasks must rely on capabilities provided by the Member States.

This provision establishes the essential constitutional model of European defence cooperation. The Union can organise, authorise, and direct operations within its institutional framework, but it does not independently possess the national armed forces required to conduct them.

Article 42(2) also provides for the progressive framing of a common Union defence policy. It envisages the possibility of a common defence if the European Council, acting unanimously, so decides and the Member States adopt the decision in accordance with their respective constitutional requirements.

This is a possibility established by the Treaties, not an automatic consequence of the existing CSDP. It would require a further political decision and compliance with national constitutional procedures.

2.2 Article 43 TEU: The permissible missions

Article 43 TEU defines the range of tasks that may be undertaken under the CSDP.

These include:

• Joint disarmament operations.
• Humanitarian and rescue tasks.
• Military advice and assistance.
• Conflict prevention and peacekeeping.
• Tasks involving combat forces in crisis management, including peace-making.
• Post-conflict stabilisation.

The Treaty allows these missions to contribute to combating terrorism, including by supporting third countries in combating terrorism in their territories.

The provision is deliberately broad. It permits the Union to address different stages of an international crisis, from prevention and early intervention to stabilisation and institutional reconstruction.

However, the legal character of a mission depends on its Council mandate. A training mission, a maritime security operation, and a peace-support operation may all fall within the CSDP, but their powers, rules of engagement, command arrangements, and legal responsibilities will differ.

2.3 Article 44 TEU: Implementation by a group of Member States

Article 44 TEU permits the Council to entrust the implementation of a CSDP task to a group of Member States that are willing and have the necessary capabilities.

The participating states, in association with the High Representative, agree on the management of the task.

This mechanism introduces flexibility into the policy. It recognises that not all Member States possess identical military capabilities or wish to participate in every operation.

Nevertheless, the Council retains political authority over the task, and the participating states must keep the other Member States informed.

Article 44 is distinct from Permanent Structured Cooperation. It concerns the implementation of a particular CSDP task by a group of willing and capable states, whereas PESCO provides a more enduring framework for developing defence cooperation and capabilities.

2.4 Article 45 TEU: The European Defence Agency

Article 45 TEU establishes the European Defence Agency (EDA) and defines its principal functions.

The Agency supports Member States in developing defence capabilities, identifying operational requirements, promoting research, coordinating armaments cooperation, and strengthening the European defence technological and industrial base.

It works under the authority of the Council and within the institutional framework established by the Treaties.

Its existence reflects an important distinction: military cooperation is not limited to deploying forces after a crisis has emerged. It also requires long-term investment, compatible equipment, research, industrial capacity, and coordinated planning.

2.5 Article 46 TEU: Permanent Structured Cooperation

Article 46 TEU provides the Treaty procedure for establishing and participating in Permanent Structured Cooperation.

It allows Member States meeting higher criteria for military capabilities and accepting more binding commitments to cooperate more closely in defence matters.

Participation is voluntary, subject to the Treaty requirements and the procedures established for admission and suspension.

The detailed legal framework is contained in Protocol No 10 on Permanent Structured Cooperation.

Together, Articles 42–46 create a system that combines operational missions, flexible participation, defence capability development, and deeper cooperation among participating states.

The authoritative text of these provisions is available through EUR-Lex – Treaty on European Union. EUR-Lex+1

2.6 The principles of national responsibility and constitutional autonomy

The CSDP operates within a system in which national governments retain responsibility for their armed forces and defence policy.

Article 4(2) TEU requires the Union to respect the essential state functions of Member States, including safeguarding territorial integrity, maintaining law and order, and safeguarding national security. National security remains the sole responsibility of each Member State.

Article 42(2) TEU also requires the CSDP to respect the specific character of certain Member States’ security and defence policies and the obligations of those states under NATO.

These provisions prevent the CSDP from being interpreted as a general transfer of national defence sovereignty to the Union.

The Member States remain constitutionally responsible for decisions such as national mobilisation, the organisation of their armed forces, and the deployment of troops, subject to their EU and international obligations.

3. Institutional Structure and Military Decision-Making

3.1 The European Council and strategic direction

The European Council establishes the broad strategic direction of European security and defence cooperation.

It identifies major security priorities, determines political objectives, and provides guidance on the development of the CSDP.

Its role is particularly important when decisions involve long-term defence integration, major international crises, relations with NATO, or the strategic consequences of changes in the European security environment.

The European Council does not ordinarily exercise operational command over military missions. Its function is strategic and political.

3.2 The Foreign Affairs Council

The Foreign Affairs Council is the principal decision-making institution for CSDP matters at ministerial level.

In its defence configuration, it brings together the defence ministers of the Member States. It adopts decisions concerning missions, operations, capability development, and other defence-related matters within the Treaty framework.

The Council generally acts unanimously in CSDP matters, reflecting the importance of national consent in military and security decisions.

It may establish an operation, approve its mandate, appoint its operational commander, determine its duration, and modify or terminate its activities.

The Council’s decisions are legally significant because they establish the authority and limits within which a mission operates.

3.3 The High Representative and the European External Action Service

The High Representative coordinates the Union’s foreign and security policy and chairs the Foreign Affairs Council.

Within the CSDP, the High Representative contributes to the preparation of proposals, supports political coordination, and ensures that defence and crisis-management activities are integrated into the Union’s broader external action.

The European External Action Service supports this work through its diplomatic, political, security, and operational structures.

It provides analysis, coordinates EU delegations, supports crisis response, and assists in the political supervision of missions.

3.4 The Political and Security Committee

The Political and Security Committee (PSC) is a permanent body composed of representatives of the Member States, generally at ambassadorial level.

Under Article 38 TEU, it monitors the international situation, contributes to the definition of CFSP and CSDP policies, and assists in the preparation of Council decisions.

In the context of crisis-management operations, the PSC exercises political control and strategic direction under the responsibility of the Council and the High Representative.

This distinction is essential. The PSC provides continuing political supervision, but it does not replace the military chain of command or acquire unrestricted authority over operational commanders.

3.5 The European Union Military Committee

The European Union Military Committee (EUMC) is the highest military body within the Council’s institutional structure.

It is composed of the Member States’ Chiefs of Defence, represented by their military representatives in Brussels.

The Committee provides military advice and recommendations to the PSC and Council. Its work includes:

• Assessing military options for potential missions.
• Advising on operational requirements.
• Providing military assessments of ongoing operations.
• Supporting the development of military capabilities.
• Contributing to the strategic planning of EU military activities.

The EUMC ensures that political decisions are informed by professional military assessments. It does not independently authorise the deployment of forces.

3.6 The European Union Military Staff

The European Union Military Staff (EUMS) is part of the EEAS and provides military expertise within the EU institutional system.

Its functions include early warning, strategic planning, military assessment, and support for crisis-management activities.

It contributes to the development of military options and provides advice to the EUMC and other relevant bodies.

The EUMS should be distinguished from the command structure of an individual operation. It provides military expertise and planning support but does not automatically exercise operational command over all EU missions.

3.7 The Military Planning and Conduct Capability

The Military Planning and Conduct Capability (MPCC) is a permanent military planning and conduct structure within the EEAS.

It was developed to strengthen the Union’s ability to plan and conduct non-executive military missions, particularly training and advisory operations.

Its role has expanded as the Union has sought to improve the coherence of its military command arrangements.

The MPCC provides a more permanent institutional foundation for the planning and conduct of certain military operations, reducing reliance on temporary arrangements and national headquarters.

It should not be confused with a fully developed European general staff or a command structure exercising authority over the national armed forces of Member States.

3.8 Civilian crisis-management structures

Civilian missions are supported by specialised structures within the EEAS, including the Civilian Planning and Conduct Capability (CPCC).

The CPCC provides strategic planning, operational support, and command arrangements for civilian CSDP missions.

It assists missions concerned with police reform, border management, judicial institutions, security-sector reform, and other civilian aspects of crisis management.

The coexistence of military and civilian planning structures reflects the Union’s integrated approach to security. A crisis may require military protection, but long-term stability often depends on functioning institutions, accountable policing, effective courts, and public administration.

The Council’s overview of CSDP missions and operations explains the institutional framework and the division between civilian and military activities. Consilium+1

4. How EU Military Missions and Operations Are Established

4.1 Identifying a crisis and assessing the need for action

A CSDP operation generally begins with an assessment of an international situation that may require EU intervention.

The assessment may arise from diplomatic reporting, requests from partner governments, developments in a conflict, threats to maritime security, or a decision to support an international peace process.

The EEAS, High Representative, Member States, and relevant EU bodies may contribute to the assessment.

The Union must consider whether a CSDP mission is appropriate, whether the proposed action falls within its Treaty competences, and whether sufficient political and military support exists.

The decision to act is not automatic. It requires political agreement and a realistic assessment of the capabilities that participating states can provide.

4.2 Political and strategic planning

Once the Union identifies a possible mission, political and strategic planning begins.

The relevant institutions examine the objectives, geographical scope, risks, available resources, legal basis, and relationship with other international actors.

Military bodies may prepare strategic options and assess the forces required. Civilian structures may evaluate institutional needs, local conditions, and the feasibility of deploying civilian personnel.

The planning process should also consider the protection of civilians, the security of mission personnel, the legal status of deployed forces, and the potential consequences for the host state.

4.3 Council decision and mandate

The Council adopts the decision establishing a CSDP mission or operation.

The decision normally specifies:

• The legal basis and objectives.
• The geographical area of operation.
• The tasks and powers of the mission.
• Its command and control arrangements.
• The appointment of relevant commanders or heads of mission.
• Its duration and review arrangements.
• The financial and administrative framework.
• The conditions for termination or modification.

The mandate defines the legal and operational limits of the mission. A military training mission, for example, cannot simply transform itself into an executive combat operation without an appropriate change to its mandate and legal authorisation.

4.4 Force generation and national contributions

After the political decision, the Union must secure the personnel, equipment, and logistical resources necessary to carry out the operation.

Member States may contribute troops, ships, aircraft, intelligence support, transport, medical services, communications systems, or other capabilities.

Contributions may vary considerably between operations.

A state may provide personnel without contributing combat forces, while another may supply specialised equipment or command expertise.

The availability of forces is therefore a practical condition for the success of the mission. The adoption of a Council decision does not itself create military capabilities.

4.5 Operational command and control

The command structure depends on the type and scale of the operation.

The Council appoints an operational commander or establishes the relevant command arrangements. The Political and Security Committee exercises political control and strategic direction, while the military chain of command is responsible for conducting the operation.

The participating Member States retain important national responsibilities, including disciplinary and administrative authority over their personnel, subject to the applicable arrangements.

The precise division of authority must be established in the relevant legal and operational documents.

4.6 Review, adaptation, and termination

CSDP operations are subject to political and strategic review.

The Council may amend a mandate, extend a mission, adjust its tasks, or terminate it in response to changing circumstances.

The review may consider whether the original objectives remain relevant, whether the host state continues to cooperate, whether the operation has sufficient resources, and whether the security environment has changed.

This capacity for adaptation is important because crisis-management operations often take place in unpredictable environments.

5. Civilian and Military Missions under the CSDP

5.1 The distinction between missions and operations

CSDP activities are commonly described as missions or operations.

The terminology generally reflects their character and operational structure rather than a rigid legal division.

Military operations may involve armed forces, maritime assets, and military command arrangements. Military missions frequently focus on training, advice, and assistance without exercising executive combat powers.

Civilian missions use police officers, judges, prosecutors, border experts, administrators, and other civilian specialists to support institutional development and security-sector reform.

Both forms of action are established through Council decisions and operate under defined mandates.

5.2 Military training and assistance missions

Military training missions seek to strengthen the capabilities of partner states.

They may provide instruction in military planning, logistics, command systems, operational coordination, human rights, international humanitarian law, and the protection of civilians.

Their purpose is generally to improve the ability of partner armed forces to address security challenges independently and operate in accordance with applicable legal and professional standards.

A training mission should be distinguished from a combat operation. Training personnel may provide advice and instruction without participating directly in hostilities.

The precise limits depend on the Council mandate and the rules applicable to the mission.

5.3 Maritime security operations

Maritime operations have become an important part of the CSDP.

They may address piracy, threats to commercial shipping, arms embargo enforcement, maritime surveillance, and the protection of freedom of navigation.

Examples include Operation ATALANTA off the Horn of Africa, Operation IRINI in the Mediterranean, and Operation ASPIDES in the Red Sea and surrounding maritime areas.

These operations demonstrate the importance of international maritime law, particularly the United Nations Convention on the Law of the Sea, and the need to distinguish between maritime surveillance, escort, interception, and enforcement powers.

The mandate of each operation determines the activities that participating forces may lawfully undertake.

5.4 Civilian security-sector reform

Civilian CSDP missions may support reform of police services, border authorities, judicial institutions, and other security-related bodies.

Their work can include training, institutional advice, monitoring, strategic planning, and assistance with legal and administrative reform.

Security-sector reform is particularly important in states emerging from conflict or facing institutional instability.

The objective is not simply to improve the technical capacity of security institutions. It is also to strengthen accountability, legality, human rights protection, and democratic oversight.

5.5 The integrated approach to crisis management

The CSDP operates within the EU’s broader integrated approach to external conflicts and crises.

Military action may be necessary to create a secure environment, but it cannot alone establish lasting peace.

Development assistance, humanitarian support, diplomatic negotiations, economic reconstruction, and institutional reform may be equally important.

The Union can therefore combine CSDP missions with other external policy instruments, provided that the correct legal bases and institutional procedures are respected.

This integrated approach is one of the defining characteristics of European crisis management.

6. Major EU Military Missions and Operations

The practical significance of the CSDP is best understood through its missions and operations. Since 2003, the Union has undertaken more than 40 external missions and operations, covering different regions and security challenges. Their mandates have included military training, maritime security, peace support, conflict prevention, and assistance to partner governments.

The number of active operations changes as mandates are extended, modified, or terminated. The following examples illustrate the principal forms of EU military engagement rather than providing an exhaustive list.

6.1 EUFOR Althea: Bosnia and Herzegovina

EUFOR Althea is one of the longest-running EU military operations.

Launched in December 2004, it followed the transfer of responsibility from NATO’s Stabilisation Force (SFOR). Its central purpose is to support the maintenance of a safe and secure environment in Bosnia and Herzegovina and contribute to compliance with the military aspects of the Dayton Peace Agreement.

The operation demonstrates how the CSDP can support post-conflict stability in a region closely connected to European security.

Its mandate is also significant because it operates in coordination with international partners and within the wider international framework established following the Bosnian conflict.

6.2 EUNAVFOR ATALANTA: Counter-piracy and maritime security

EU Naval Force Has Protected 880,000 Tonnes of World Food Programme Aid From Pirate Attack | EUNAVFOR

eunavfor.eu

Operation ATALANTA was launched in December 2008 in response to piracy off the coast of Somalia.

Its principal tasks include protecting vessels carrying humanitarian assistance, contributing to the protection of vulnerable shipping, and deterring, preventing, and repressing acts of piracy and armed robbery at sea within its mandate.

The operation illustrates the relationship between European security policy and international maritime law. Its activities must be understood in the context of the United Nations Security Council resolutions concerning Somalia and the rules of the United Nations Convention on the Law of the Sea.

It also demonstrates that maritime security can be an essential component of European external security, even when operations take place far beyond EU territorial waters.

6.3 EUNAVFOR MED IRINI: The arms embargo on Libya

EU extends Med mission “Irini” in an effort to halt weapon smuggling into Libya | commonspace.eu

commonspace.eu

Operation IRINI began in March 2020 as part of the EU’s efforts to support the implementation of the United Nations arms embargo on Libya.

Its core task is to contribute to the enforcement of that embargo through activities including the inspection of vessels on the high seas under the conditions established by its mandate and applicable international law.

The operation also gathers information concerning illicit exports of petroleum products and contributes to monitoring human smuggling and trafficking networks.

IRINI demonstrates how a CSDP operation can support the implementation of decisions adopted within the UN collective security framework.

6.4 EUNAVFOR ASPIDES: Maritime security in the Red Sea

Opération Aspides : péril en mer Rouge | Ministère des Armées et des Anciens combattants

defense.gouv.fr

Operation ASPIDES was established in February 2024 in response to threats to commercial shipping in the Red Sea and surrounding maritime areas.

Its defensive mandate includes maritime situational awareness, accompanying vessels, and protecting them against attacks within the limits of its authority.

The operation reflects the strategic importance of freedom of navigation and the vulnerability of international supply chains to regional conflict.

It also demonstrates how the CSDP can respond to threats affecting international commerce without becoming a general military intervention framework.

6.5 EUMAM Ukraine: Military assistance and training

The EU Military Assistance Mission in support of Ukraine (EUMAM Ukraine) was established in November 2022 following Russia’s full-scale invasion of Ukraine.

Its purpose is to strengthen the military capabilities of the Ukrainian Armed Forces through training and related assistance.

The mission illustrates the CSDP’s capacity to support a partner country facing armed aggression through coordinated military training provided by Member States.

Its activities form part of the EU’s broader support for Ukraine, which also includes financial assistance, humanitarian measures, restrictive measures against Russia, and cooperation with international partners.

The legal distinction between training and direct participation in hostilities remains important. EUMAM Ukraine is a military assistance and training mission, not an EU combat operation against Russian forces.

6.6 Other military engagement

The Union has also established military training and assistance activities in Africa and other regions.

Examples include the military assistance mission in Mozambique and training missions in Somalia and the Central African Republic. Their mandates reflect the security needs of partner states and the Union’s wider objectives concerning regional stability and institutional capacity.

The Council and EEAS maintain official lists of current missions and operations. The EEAS missions and operations page provides the latest available information on mandates, geographical coverage, and operational activities. EEAS+1

7. Permanent Structured Cooperation and the Development of Defence Capabilities

7.1 The purpose of PESCO

Permanent Structured Cooperation (PESCO) is one of the principal mechanisms for deepening defence cooperation among EU Member States.

Its legal foundations are Articles 42(6) and 46 TEU and Protocol No 10.

PESCO recognises that Member States have different military capabilities, defence priorities, and levels of willingness to integrate their defence structures. Rather than requiring all states to participate in every project, it enables a group of willing and capable Member States to undertake more demanding commitments.

These commitments concern matters such as:

• Increasing defence investment.
• Developing interoperable military capabilities.
• Coordinating defence planning.
• Cooperating in joint capability projects.
• Addressing capability shortfalls.
• Improving the availability and deployability of forces.

PESCO is not a separate military alliance. Nor does it automatically create a common force. It is a Treaty-based framework for structured cooperation.

7.2 PESCO projects

Participating Member States develop projects in areas such as military mobility, training, maritime security, cyber defence, medical support, command systems, and defence technologies.

The projects are designed to address practical capability gaps and encourage cooperation in the development of equipment and operational systems.

A project may involve several states while remaining open to additional participants where the applicable conditions are satisfied.

The distinction between PESCO and a CSDP operation is important. PESCO develops capabilities and cooperation over time; a CSDP operation deploys civilian or military assets for a specific external task.

7.3 The European Defence Agency

The European Defence Agency supports Member States in strengthening their defence capabilities and improving cooperation in research, development, and procurement.

Its work includes identifying capability priorities, supporting collaborative projects, encouraging interoperability, and contributing to the development of the European defence technological and industrial base.

The Agency also supports the coordination of defence planning and capability development.

It does not procure or command national armed forces on behalf of the Union. Its purpose is to facilitate cooperation and help Member States make more effective use of their defence resources.

7.4 Coordinated Annual Review on Defence

The Coordinated Annual Review on Defence (CARD) is designed to improve coordination between national defence planning processes.

It provides an overview of national defence expenditure, investment plans, capability developments, and opportunities for cooperation.

CARD seeks to identify areas where Member States could cooperate more effectively and avoid unnecessary duplication.

It is a coordination and assessment mechanism rather than a binding defence budget or central procurement system.

7.5 The European Defence Fund

The European Defence Fund (EDF) supports collaborative research and development in defence technologies.

Established under Regulation (EU) 2021/697, it provides EU financial support for eligible cooperative projects involving entities from participating countries.

Its objectives include encouraging cross-border industrial cooperation, reducing fragmentation in the European defence market, and strengthening technological innovation.

The Fund is particularly relevant to the long-term development of European defence capabilities because modern military effectiveness increasingly depends on advanced technologies, secure communications, sensors, autonomous systems, cyber capabilities, and interoperable equipment.

The EDF must be distinguished from the CSDP operational budget. It supports industrial and technological development; it does not finance the ordinary deployment of military forces in the same way as operational mechanisms.

8. The European Peace Facility and the Financing of Military Cooperation

8.1 Why a separate financing mechanism is necessary

The EU budget is subject to Treaty restrictions concerning expenditure with military or defence implications.

Article 41(2) TEU provides that operational expenditure arising from the implementation of the CFSP is generally charged to the Union budget, except for expenditure arising from operations having military or defence implications and cases where the Council decides otherwise.

This creates a distinctive financing problem. The Union may authorise military operations, but the ordinary EU budget cannot simply finance every associated cost.

The European Peace Facility (EPF) was established in 2021 as an off-budget instrument to address this difficulty.

8.2 Legal character and financing

The EPF is established by Council Decision (CFSP) 2021/509.

It is financed through contributions from Member States, generally calculated according to a gross national income-based distribution key.

It is not part of the ordinary multiannual EU budget. This allows it to support certain operational actions and assistance measures with military or defence implications that cannot be financed through the standard budgetary framework.

8.3 Two principal functions

The EPF has two broad functions.

First, it can support the common costs of military CSDP operations. These are costs that participating states agree should be shared rather than borne exclusively by the states providing particular military contributions.

Second, it can finance assistance measures for partner countries, including support involving military equipment, training-related material, and other capabilities, subject to the applicable legal and policy conditions.

This second function has become particularly significant in the context of EU support for Ukraine and other partners.

8.4 Legal safeguards and political oversight

The EPF does not operate outside the law merely because it is financed separately from the EU budget.

Its assistance measures are subject to Council decisions, financial procedures, and applicable safeguards. Human rights, international humanitarian law, and the risk of diversion or misuse of equipment are relevant considerations.

The facility also raises questions concerning transparency and accountability because its financing is not integrated into the ordinary EU budgetary structure in the same way as many other Union programmes.

The Council’s European Peace Facility overview explains its financing and operational functions. Consilium

9. The Strategic Compass and the Future of European Defence

9.1 The Strategic Compass of 2022

The Strategic Compass for Security and Defence was approved by the Council in March 2022.

It provides a common strategic framework for strengthening European security and defence towards 2030. Its development was influenced by a deteriorating international security environment and the recognition that the Union needed to improve its capacity to act.

The Compass is organised around four interconnected pillars: Act, Secure, Invest, and Partner.

It is a political and strategic framework, not a new source of Treaty competence. Its implementation must take place through the existing institutional and legal arrangements of the EU.

9.2 Act: Improving the ability to respond to crises

The Act pillar seeks to improve the Union’s ability to deploy forces and conduct civilian and military missions.

An important objective has been the development of the EU Rapid Deployment Capacity, intended to provide a more flexible and responsive capability for crisis situations.

The capacity is designed to allow the Union to deploy up to 5,000 troops in different operational scenarios, subject to political authorisation and the availability of Member State contributions.

It does not constitute a permanent standing army. Its practical effectiveness depends on planning, readiness, command arrangements, and national force contributions.

9.3 Secure: Protecting the Union against emerging threats

The Secure pillar addresses threats that may not fit conventional military categories.

These include cyberattacks, hybrid interference, threats to critical infrastructure, foreign information manipulation, space-related security challenges, and maritime insecurity.

The growing importance of these areas demonstrates that European security is no longer understood exclusively in terms of territorial defence and conventional armed conflict.

The CSDP contributes to the wider security framework, while other EU policies and instruments address cybersecurity, infrastructure resilience, law enforcement, intelligence cooperation, and economic security.

9.4 Invest: Strengthening European capabilities

The Invest pillar focuses on defence spending, technological development, and industrial capacity.

It recognises that cooperation will have limited operational value if Member States lack the equipment, logistics, ammunition, communications, transport, and other capabilities required for effective action.

The European Defence Agency, PESCO, the European Defence Fund, and other EU initiatives contribute to this objective.

The wider policy direction is to reduce unnecessary fragmentation and improve the ability of European states to develop and procure capabilities collectively.

9.5 Partner: Working with international actors

The Partner pillar seeks to strengthen cooperation with NATO, the United Nations, regional organisations, and non-EU states.

The EU cannot address every security challenge independently. Cooperation with international partners is particularly important in peacekeeping, maritime security, counter-terrorism, military mobility, and the development of defence capabilities.

The Council’s Strategic Compass page provides information on the four pillars and subsequent implementation developments. Consilium

10. The Relationship Between the EU and NATO

10.1 Different organisations, complementary functions

The relationship between the EU and NATO is central to European security.

The two organisations have different legal foundations, memberships, institutional structures, and purposes.

NATO is a collective defence alliance established under the North Atlantic Treaty. Article 5 of that Treaty provides that an armed attack against one or more Allies in Europe or North America shall be considered an attack against them all, subject to the conditions and procedures set out in the Treaty.

The EU’s CSDP, by contrast, is part of the Union’s external action framework. It includes civilian and military crisis-management missions, defence cooperation, capability development, and assistance to international partners.

The two organisations are therefore not interchangeable.

10.2 Article 42(7) TEU and NATO Article 5

The EU mutual assistance clause under Article 42(7) TEU is sometimes compared with NATO Article 5.

Both provisions concern assistance in the event of armed aggression, but they belong to different legal systems.

Article 42(7) requires EU Member States to provide aid and assistance by all means in their power to a Member State that becomes the victim of armed aggression on its territory.

It also expressly preserves the specific character of certain national security and defence policies and recognises NATO as the foundation of collective defence for those EU Member States that belong to the Alliance.

The provision does not establish an EU equivalent of NATO’s integrated military command structure.

10.3 EU-NATO cooperation

Cooperation between the EU and NATO has developed through successive joint declarations and practical initiatives.

The 2016, 2018, and 2023 joint declarations addressed areas including:

• Military mobility.
• Maritime security.
• Cyber defence.
• Counter-terrorism.
• Hybrid threats.
• Resilience and critical infrastructure.
• Defence capabilities and industrial cooperation.
• Cooperation in support of partner countries.

The 2023 declaration reaffirmed the importance of a stronger European defence that is complementary to and interoperable with NATO.

This relationship is particularly important because the EU and NATO have overlapping memberships but different institutional responsibilities. Their cooperation must respect the decision-making autonomy of each organisation and the different security arrangements of their members.

The Council’s EU-NATO cooperation overview and the 2023 joint declaration provide the principal institutional references. Consilium+1

11. International Law Governing CSDP Operations

11.1 The United Nations Charter

CSDP operations must be understood within the framework of the United Nations Charter.

Article 42(1) TEU expressly requires the Union’s external missions to be consistent with the principles of the Charter.

This is particularly important when operations involve the use of military force, maritime enforcement, or assistance in armed conflict.

The legal basis for an operation may derive from several sources, including:

• A Council decision establishing the CSDP mission.
• A request or consent from the host state.
• A United Nations Security Council resolution.
• Applicable rules of international humanitarian law.
• Relevant international treaties governing the operational environment.

These sources perform different legal functions. A Council decision authorises the Union’s institutional action, but it does not automatically provide every permission required under international law to use force or exercise jurisdiction in another state.

11.2 Consent of the host state

Many CSDP missions operate with the consent of the government of the host state.

Consent is particularly relevant to training, advisory, monitoring, and institutional-support missions. It provides a legal foundation for the presence and activities of foreign personnel within the host state’s territory.

However, consent must be assessed in light of the circumstances, the authority of the government granting it, the scope of the mission, and the applicable rules of international law.

A host-state agreement may establish the legal status of deployed personnel, privileges and immunities, access to facilities, jurisdictional arrangements, and practical conditions for the operation.

Such agreements are important because they clarify the respective responsibilities of the EU, participating states, and the host state.

11.3 International humanitarian law

Where a CSDP military operation takes place in an armed conflict or becomes sufficiently connected with hostilities, international humanitarian law may become applicable.

The principal sources include the four Geneva Conventions of 1949, their Additional Protocols where applicable, and relevant customary international humanitarian law.

The rules governing distinction, proportionality, precautions in attack, treatment of detainees, and protection of civilians are particularly important.

A military operation’s CSDP mandate does not displace international humanitarian law. Nor does the EU’s institutional framework create an exemption from the obligations applicable to participating forces.

The legal status of personnel and the classification of a particular conflict must be assessed under the relevant rules of international law.

11.4 Human rights obligations

CSDP missions may also engage international human rights obligations.

The European Convention on Human Rights, the International Covenant on Civil and Political Rights, and other relevant human rights instruments may be applicable depending on the state or organisation exercising jurisdiction and the circumstances of the operation.

The EU Charter of Fundamental Rights applies to EU institutions and bodies within the scope established by Article 51 of the Charter.

Human rights protection is particularly relevant in civilian missions involving policing, detention-related assistance, border management, judicial reform, and security-sector development.

Training and institutional support should promote respect for human dignity, due process, accountability, and the prohibition of torture and other serious abuses.

11.5 Responsibility for unlawful conduct

CSDP operations may involve several actors: EU institutions, the Union itself, participating Member States, national military contingents, and host-state authorities.

Determining responsibility for unlawful conduct can therefore be complex.

The relevant questions may include:

• Which actor exercised effective authority or control over the conduct?
• Was the action attributable to the Union, a Member State, or both?
• Which international obligations applied?
• Did the conduct fall within the mission mandate?
• Which judicial or administrative remedies are available?

The Union’s legal personality does not automatically make it responsible for every act of personnel participating in an operation. Equally, national participation does not necessarily remove the possibility of Union responsibility.

Attribution must be assessed under the applicable rules of international responsibility and the particular operational arrangements.

12. Democratic Accountability, Parliamentary Oversight, and Legal Control

12.1 The European Parliament

The European Parliament has a more limited role in CSDP decision-making than it has in ordinary EU legislation.

Article 36 TEU requires the High Representative to consult Parliament regularly on the main aspects and basic choices of the CFSP and CSDP and to inform it of developments.

Parliament may address questions and recommendations to the Council and High Representative. It also debates the progress of the policies at least twice a year.

The Parliament’s Subcommittee on Security and Defence (SEDE), within the Committee on Foreign Affairs, contributes to parliamentary scrutiny of defence matters.

Although Parliament does not ordinarily authorise military missions through a legislative vote, it can influence political debate, examine policy priorities, and scrutinise relevant budgetary and institutional arrangements.

12.2 National parliamentary control

Because Member States provide the personnel and capabilities used in CSDP operations, national parliamentary procedures remain important.

Constitutional systems differ in the extent to which parliamentary approval is required before military deployments.

Some states require prior legislative authorisation for particular types of military participation, while others give the executive broader powers subject to subsequent reporting or parliamentary scrutiny.

These national procedures coexist with the EU decision-making process.

A Council decision establishing an operation does not necessarily remove the need for national constitutional approval or authorisation of the contribution of individual Member States.

12.3 Judicial review and the CJEU

The CSDP falls within the special jurisdictional arrangements applicable to the CFSP.

Article 24 TEU and Article 275 TFEU generally restrict the jurisdiction of the CJEU over CFSP provisions and acts adopted on their basis.

However, the exceptions established by the Treaties remain important. The Court retains jurisdiction to ensure compliance with Article 40 TEU and to review the legality of certain restrictive measures against individuals and legal entities.

The CJEU’s case law has also clarified that the CFSP exclusion must be interpreted according to the nature of the act and the specific jurisdictional rules.

This means that not every dispute involving a CSDP mission is automatically outside judicial review. For example, disputes concerning staff employment, administrative conduct, or other matters may require a separate assessment of the relevant jurisdictional basis.

12.4 Transparency and operational confidentiality

Military operations involve information that may legitimately require protection, including intelligence, operational plans, force locations, and security assessments.

Nevertheless, confidentiality must be balanced against accountability.

Public authorities and EU institutions must maintain sufficient transparency to permit democratic scrutiny, financial oversight, and assessment of compliance with legal obligations.

The challenge is to protect operational security without allowing secrecy to become a substitute for institutional accountability.

13. Challenges Facing European Security and Defence Cooperation

13.1 Fragmentation of national defence capabilities

European states maintain separate armed forces, procurement systems, military doctrines, and defence industries.

Although cooperation has increased, fragmentation can result in duplicated expenditure, incompatible equipment, gaps in strategic capabilities, and limited economies of scale.

The problem is especially important in areas such as air defence, military transport, intelligence, surveillance, ammunition production, and secure communications.

The CSDP seeks to address these weaknesses through capability planning, PESCO, the European Defence Agency, and collaborative industrial initiatives.

13.2 Dependence on national contributions

The CSDP does not possess an independent pool of national armed forces under permanent EU command.

Military missions depend on Member States providing sufficient personnel, equipment, logistics, and financial contributions.

This can create operational difficulties when national governments are unwilling or unable to contribute the resources required.

The Union may have an agreed mandate but still face shortages in transport aircraft, intelligence capabilities, medical support, or specialised military equipment.

The distinction between political authorisation and actual operational capacity is therefore fundamental.

13.3 Strategic differences among Member States

Member States may disagree about the geographical priorities, objectives, and acceptable risks of European military engagement.

Their positions may be influenced by different historical experiences, geographical exposure, national alliances, domestic political considerations, and defence traditions.

The unanimity requirement in CSDP decision-making protects national consent but may delay agreement.

It can also make the development of a common strategic response difficult when Member States have different assessments of a crisis.

13.4 Defence industrial fragmentation

The European defence industry remains distributed across national markets and industrial systems.

Different procurement requirements, technical standards, and national preferences can limit cooperation and increase costs.

The development of a more integrated European defence technological and industrial base is therefore an important policy objective.

However, industrial integration raises questions concerning national strategic autonomy, security of supply, intellectual property, export controls, competition, and the distribution of industrial benefits among Member States.

13.5 Cyber and hybrid threats

Contemporary security challenges increasingly involve activities that fall below the threshold of conventional armed conflict.

Cyberattacks, sabotage, disinformation, foreign interference, attacks on critical infrastructure, and the exploitation of economic dependencies can undermine national security without a traditional military confrontation.

The CSDP contributes to addressing these threats through missions, cooperation with partners, capability development, and strategic coordination.

However, cyber and hybrid security also involve other EU policy fields, including cybersecurity legislation, internal security, intelligence cooperation, economic security, and protection of critical entities.

The effectiveness of the Union’s response therefore depends on coordination across institutional and national boundaries.

13.6 The balance between European autonomy and transatlantic cooperation

The development of stronger European defence capabilities raises an important strategic question: how can the EU increase its capacity to act without weakening its relationship with NATO?

European strategic autonomy does not necessarily mean independence from the transatlantic alliance.

The EU may seek greater capacity to respond to crises, reduce critical external dependencies, and strengthen its defence industrial base while maintaining interoperability and cooperation with NATO.

The challenge is to develop capabilities that strengthen European security and contribute to collective defence rather than create competing structures or unnecessary duplication.

13.7 Legal and ethical concerns

Military operations raise difficult questions concerning the use of force, civilian casualties, detention, accountability, intelligence gathering, and the transfer of military equipment.

Assistance to partner countries may also create risks where recipient forces are accused of serious human rights violations or where equipment could be diverted.

The Union must therefore reconcile security objectives with international humanitarian law, human rights, democratic accountability, and the principle of proportionality.

The legal credibility of the CSDP depends not only on the effectiveness of its operations but also on the standards governing their conduct.

14. Facts: The Common Security and Defence Policy at a Glance

Question	Legal position
What is the CSDP?	The defence and crisis-management component of the EU’s CFSP
What are its principal Treaty provisions?	Articles 42–46 TEU
What does Article 42 establish?	The Union’s operational capacity using civilian and military assets
What missions are permitted?	Peacekeeping, conflict prevention, humanitarian and rescue tasks, disarmament, crisis management, and stabilisation
Does the EU have a standing army?	No
Who provides military capabilities?	The Member States
Who adopts CSDP decisions?	The Council of the European Union, generally acting unanimously
What is the PSC?	The body responsible for political control and strategic direction of CSDP operations under the Treaty framework
What is the EUMC?	The highest military advisory body within the Council structure
What is the MPCC?	The EU military planning and conduct capability
What is PESCO?	A framework for deeper defence cooperation among participating Member States
What is the EDA?	The European Defence Agency, supporting defence capability development
What is CARD?	The Coordinated Annual Review on Defence
What is the EDF?	The European Defence Fund supporting collaborative defence research and development
What is the EPF?	An off-budget instrument supporting military operations and assistance measures
What is Article 42(7) TEU?	The EU mutual assistance clause in the event of armed aggression against a Member State
What is the relationship with NATO?	Complementary cooperation, with NATO remaining the collective defence foundation for its Allies
What is the Strategic Compass?	The EU’s strategic framework for security and defence towards 2030

15. Key Takeaways

• The Common Security and Defence Policy is an integral part of the EU’s Common Foreign and Security Policy.
• Its principal legal foundations are Articles 42–46 TEU and Protocol No 10 on Permanent Structured Cooperation.
• The CSDP enables the Union to undertake civilian and military missions outside its territory for peacekeeping, conflict prevention, crisis management, and international security.
• The Union does not possess a standing army. Military capabilities are provided by Member States.
• The Council of the European Union generally adopts CSDP decisions unanimously.
• The Political and Security Committee exercises political control and strategic direction over operations under the responsibility of the Council and the High Representative.
• The European Union Military Committee provides military advice, while the Military Staff and MPCC support military planning and conduct.
• Article 43 TEU establishes the range of missions that may be undertaken under the CSDP.
• Article 44 TEU permits a group of willing and capable Member States to implement a particular CSDP task.
• PESCO provides a framework for deeper cooperation in defence capabilities among participating states.
• The European Defence Agency supports capability development, collaborative planning, research, and armaments cooperation.
• The European Defence Fund supports collaborative defence research and development.
• The European Peace Facility provides an off-budget mechanism for certain military operational costs and assistance measures.
• The Strategic Compass organises EU security and defence priorities around Act, Secure, Invest, and Partner.
• The EU and NATO have complementary but distinct responsibilities. NATO remains the foundation of collective defence for its Allies.
• CSDP operations must comply with the UN Charter and applicable international law, including international humanitarian law and human rights obligations.
• The effectiveness of the policy depends on political agreement, adequate national contributions, compatible military capabilities, and credible accountability arrangements.

16. Frequently Asked Questions

1. What is the Common Security and Defence Policy?

The CSDP is the framework through which the European Union conducts civilian and military crisis-management activities and develops defence cooperation among Member States. It forms part of the broader Common Foreign and Security Policy.

2. What is the legal basis of the CSDP?

The principal legal basis is found in Articles 42–46 of the Treaty on European Union. Protocol No 10 establishes additional rules concerning Permanent Structured Cooperation.

3. Does the European Union have its own army?

No. The EU does not have a standing army under the current Treaty framework. Its military missions and operations rely on personnel and capabilities contributed by Member States.

4. What types of missions can the EU undertake?

Under Article 43 TEU, the Union may undertake humanitarian and rescue tasks, joint disarmament operations, conflict prevention, peacekeeping, military advice and assistance, crisis-management operations involving combat forces, and post-conflict stabilisation.

5. Who authorises EU military operations?

The Council of the European Union adopts the decision establishing a CSDP military operation. The decision determines its mandate, objectives, command arrangements, and other essential conditions.

6. Are CSDP decisions adopted unanimously?

Generally, yes. The Council adopts CSDP decisions unanimously, reflecting the importance of national consent in defence and security matters. Specific Treaty exceptions exist for certain institutional and cooperation decisions, including aspects of PESCO and the European Defence Agency.

7. What is Permanent Structured Cooperation?

PESCO is a Treaty-based framework allowing participating Member States to deepen defence cooperation by undertaking more demanding commitments concerning capabilities, investment, interoperability, and joint projects.

8. What is the European Defence Agency?

The EDA supports Member States in developing military capabilities, coordinating defence planning, promoting collaborative research, and strengthening the European defence technological and industrial base.

9. What is the European Defence Fund?

The European Defence Fund is an EU programme supporting collaborative defence research and development. It encourages cooperation among European defence industries and research organisations and helps develop technological capabilities.

10. What is the European Peace Facility?

The EPF is an off-budget financial instrument established in 2021. It supports common costs of certain military operations and assistance measures for partner countries involving military or defence implications.

11. What is the difference between the CSDP and NATO?

The CSDP is part of the EU’s external policy framework and includes crisis management, military cooperation, civilian missions, and capability development. NATO is a collective defence alliance established under the North Atlantic Treaty. The two organisations cooperate but have different legal foundations, memberships, and responsibilities.

12. What does Article 42(7) TEU provide?

It establishes a mutual assistance obligation. If a Member State becomes the victim of armed aggression on its territory, the other Member States must provide aid and assistance by all means in their power, subject to the Treaty qualifications and relevant international obligations.

13. What is the EU Rapid Deployment Capacity?

It is a capability developed under the Strategic Compass to enable the EU to deploy up to 5,000 personnel in different crisis scenarios. It is not a permanent EU army and depends on the availability of Member State forces and political authorisation.

14. What is the role of the Political and Security Committee?

The PSC monitors international developments, prepares policy decisions, and exercises political control and strategic direction over CSDP operations under the responsibility of the Council and the High Representative.

15. Are EU military operations subject to international law?

Yes. CSDP operations must comply with the UN Charter and applicable international law. Depending on the circumstances, relevant rules may include international humanitarian law, human rights law, the law of the sea, and the legal arrangements governing the presence of foreign forces in the host state.

16. Can the European Parliament approve or reject a military operation?

The European Parliament does not ordinarily authorise CSDP military operations through a legislative approval procedure. However, it has rights to be informed and consulted and may exercise political scrutiny through debates, questions, recommendations, and relevant budgetary responsibilities.

17. What is the difference between a CSDP mission and a military operation?

The terms generally reflect the nature and structure of the activity rather than a single rigid legal distinction. Military missions often focus on training and advice, while military operations may involve more extensive operational tasks, including maritime security and peace-support activities. The Council decision and mandate determine the actual powers and responsibilities.

18. What is the Strategic Compass?

The Strategic Compass is the EU’s strategic framework for security and defence towards 2030. Its four pillars are Act, Secure, Invest, and Partner. It provides political direction for strengthening European security and defence capabilities.

17. Conclusion

The Common Security and Defence Policy represents the European Union’s most developed framework for military cooperation and external crisis management. It enables Member States to coordinate their defence capabilities, undertake joint missions, support international security, and develop common responses to threats that cannot be addressed effectively through isolated national action.

Its legal structure is deliberately different from that of a conventional federal defence system. The Union does not possess a standing army or general authority over national armed forces. Instead, the CSDP operates through Treaty-based institutional arrangements, Council decisions, national military contributions, and specialised cooperation mechanisms.

The development of PESCO, the European Defence Agency, the European Defence Fund, and the European Peace Facility demonstrates that European defence cooperation extends well beyond the deployment of military personnel. It also involves long-term capability planning, industrial development, research, procurement, and the financial arrangements required to sustain operations.

The relationship with NATO remains central. The EU seeks to strengthen its capacity to act while respecting the collective defence obligations of NATO members and maintaining cooperation between the two organisations. This balance is particularly important in a security environment characterised by conventional conflict, cyber threats, hybrid interference, maritime instability, and growing strategic competition.

Ultimately, the CSDP is both a security instrument and an expression of European political cooperation. Its success depends on the ability of Member States to reconcile national sovereignty with common strategic interests, provide the resources necessary for credible action, and ensure that military effectiveness remains consistent with international law and democratic accountability.

The policy therefore illustrates a continuing constitutional development within the European Union: the gradual construction of a common capacity for security and defence without the complete centralisation of military authority.

18. Primary Legal Sources and Further Reading

Treaty provisions

• Article 4 TEU – National security and Member State responsibilities
• Article 24 TEU – Common Foreign and Security Policy
• Article 38 TEU – Political and Security Committee
• Article 40 TEU – Relationship between CFSP and other Union policies
• Article 41 TEU – Financing of CFSP activities
• Article 42 TEU – Common Security and Defence Policy
• Article 43 TEU – CSDP missions and tasks
• Article 44 TEU – Implementation of tasks by groups of Member States
• Article 45 TEU – European Defence Agency
• Article 46 TEU – Permanent Structured Cooperation
• Protocol No 10 on Permanent Structured Cooperation

EU legislation and institutional decisions

• Council Decision (CFSP) 2021/509 establishing the European Peace Facility
• Regulation (EU) 2021/697 establishing the European Defence Fund
• Council Decision 2010/427/EU establishing the organisation and functioning of the EEAS

Official institutional sources

• European External Action Service – CSDP Missions and Operations
• Council of the EU – Civilian and Military Missions and Operations
• European Parliament – Common Security and Defence Policy
• European Defence Agency
• PESCO – Permanent Structured Cooperation
• European Peace Facility
• Strategic Compass for Security and Defence
• EU-NATO Cooperation

International legal sources

• Charter of the United Nations
• Geneva Conventions of 1949 – International Committee of the Red Cross
• United Nations Convention on the Law of the Sea
• North Atlantic Treaty