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The European Defence Union: An Article-by-Article Commentary

New Arrival The European Defence Union: An Article-by-Article Commentary

The European Defence Union: An Article-by-Article Commentary

Author: Elsa Bernard; Quentin Loïez; Stéphane Rodrigues
Publisher: Larcier Intersentia UK
ISBN: 9781839705755
Published In: April 2026
Format: Paperback
Jurisdiction: Belgium ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The European Defence Union has been under construction for several years within a worrying security context. It depends fundamentally on EU law: i.e. both the rules laid down by the Member States in the Treaties and those adopted by the European institutions, as the European Union’s approach is no longer limited to the highly intergovernmental Common Security and Defence Policy (CSDP). Instead, it encompasses and goes beyond the CSDP, extending to the so-called ‘Community’ or ‘supranational’ sphere, from which defence was long excluded.

The European Defence Union transcends the distinction between the supranational and intergovernmental spheres, and therefore has to be understood not only from the perspective of the Treaty on European Union (TEU), which governs the CSDP, but also from the perspective of the Treaty on the Functioning of the European Union (TFEU) and the Treaty establishing the European Atomic Energy Community (EAEC Treaty, known as the Euratom Treaty). This publication has three parts, each dedicated to one of these Treaties. The analyses focus both on the provisions of these Treaties and the various secondary acts that apply to defence, the most recent being the EU Regulation establishing the European Defence Industry Programme (EDIP). Taken together, these shape the contours of the European Defence Union.

At a time when security issues are once again a major concern for European citizens and their governments, and when the question of the emergence of genuine common defence – an existential issue for Europe – is being raised, this publication is aimed at practitioners, policy-makers (both national and European), defence experts and academics (students, PhD students, teachers and researchers). They will find here a novel, law-based approach to examining European defence.

Foreword: Towards a European Defence Union

Preface

List of Abbreviations

Acknowledgements

Part I. THE TREATY ON EUROPEAN UNION (TEU)

- Preamble to the Treaty on European Union: Paragraph 11

- Article 4(2) TEU: The European Union’s Respect for National Identity and Security

- Articles 23 to 40 TEU: Common Provisions on the CFSP/CSDP

- The Common Position on Arms Export Controls

- The European Peace Facility

- Article 41 TEU: The Financing of the Common Security and Defence Policy

- Article 42 TEU: A General Introduction to the Common Security and Defence Policy (CSDP)

- Article 42(2)(2) and 42(7)(2) TEU: EU-NATO Relations

- Article 42(7)(1) TEU: The Mutual Defence Clause

- Article 43 TEU: EU Crisis Management Operations

- Article 44 TEU: The Flexibility Mechanism for the CSDP

- Article 45 TEU: The European Defence Agency

- Article 46 TEU: Permanent Structured Cooperation

Part II. TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION (TFEU)

- Article 16 TFEU: How to Make the Defence ‘GDPR Compatible’?

- Articles 49 to 62 TFEU and Directive 2009/81/EC : European Regulations Applicable to Public Defence and Security Contracts

- Articles 101 to 109 TFEU: When Competition Law Enters the Defence Sector

- Article 114 TFEU: A Legal Basis as a Reference for Regulating the European Defence Industry

- Directive 2009/43/EC Simplifying Terms and Conditions of Transfers of Defence-Related Products within the Community: A Blueprint for Europeanising Controls on the Movement of Military Equipment

- Regulation (EU) 2022/2560 on Foreign Subsidies Distorting the Internal Market : An Instrument of Economic Warfare

- Article 122 TFEU: Exceptional Financial Assistance to Member States

- The Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument

- Articles 170 to 172 TFEU: Trans-European Networks and Development of Military Mobility

- Article 173 TFEU: The European Defence Industry

- The European Defence Fund

- The ASAP Regulation: EU Support for Ammunition Production

- Regulation establishing a Programme for the European Defence Industry and a Framework for Measures to ensure the Availability and Timely Supply of Defence Products (EDIP): An Instrument for Transition and Transformation

- Articles 174 to 178 TFEU: When Cohension Policy Supports the Defence Sector

- Articles 179 to 190 TFEU: EU Research and Development Policy in Defence

- Article 189 TFEU: European Space Policy

- Article 207 TFEU: The Common Commercial Policy and the Common Security and Defence Policy

- Screening Foreign Direct Investment in Europe’s Defence Sector – Regulation (EU) 2019/452 Establishing a Framework for the Screening of Foreign Direct Investments into the Union

- Dual-Use Goods Regulation: European Control of Dual-Use Goods – Regulation (EU) 2021/821 Setting up a Union Regime for the Control of Exports, Brokering, Technical Assistance, Transit and Transfer of Dual-Use Items (Recast)

- Article 212 TFEU: A New Legal Basis for Regulating the European Defence Industry?

- Article 222 TFEU: The Solidarity Clause

- Article 270 TFEU: The Jurisdiction of the Court of Justice of the European Union to Rule on Disputes between the Union and Its Servants in the Field of Defence

- Article 275 TFEU: Lack of Jurisdiction of the Court of Justice of the European Union in CFSP/CSDP Matters: Principle and Exceptions

- Articles 308 and 309 TFEU: The European Investment Bank at the Service of the Defence Industry?

- Articles 346, 347 and 348 TFEU: Safeguard Clauses for the Benefit of Member States’ Security, the Application of Which is Only Relatively Regulated

Part III. NUCLEAR LAW WITHIN THE SCOPE OF THE COMMON SECURITY AND DEFENCE POLICY

- Nuclear Law within the Scope of the Common Security and Defence Policy

Alphabetical Index

EU Law Table

List of Cases