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Don’t Mess with the Missionary Man! On the Principle of Coherence, the Missionary Principle and the European Union’s Development Policy

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EU External Relations Law and Policy in the Post-Lisbon Era

Abstract

With the entry into force of the Lisbon Treaty, the focus upon coherence between the different Union policies has increased considerably, as reflected in a number of provisions in the Treaty on European Union and the Treaty on the Functioning of the European Union. The Lisbon Treaty has also introduced, as a general obligation, that the European Union shall further so-called European values beyond its borders. An important consequence of these two changes is that, read in conjunction, they will obligate the European Union to further European values through its development cooperation policy to a higher degree than it does today. This chapter first outlines the changes brought about by the Lisbon Treaty with regard to the coherence obligation and the obligation to further European values (sometimes referred to as the Principle of Coherence and the Missionary Principle). Thereupon the chapter identifies the likely effects which the combination of these two principles will have on the European Union’s development cooperation policy. Finally, the chapter takes a broader perspective to the matter in order to point to some problems that are likely to arise from these presumed effects.

Professor Morten P. Broberg—Faculty of Law, University of Copenhagen, Copenhagen, Denmark. This chapter was first presented as a paper at the conference EU External Relations Law and Policy in the post-Lisbon Era held at the University of Sheffield in January 2011. The author gratefully acknowledges the extensive suggestions for changes he received from Paul James Cardwell as well as the comments he received from Simon Bulmer, who acted as discussant, and the other participants at the conference.

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Notes

  1. 1.

    Emphasis added.

  2. 2.

    See also Treaty on the Functioning of the European Union, Article 205 which provides that ‘[t]he Union's action on the international scene, pursuant to this Part, shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in [Articles 21 and 22] of the Treaty on European Union.’

  3. 3.

    Emphasis added.

  4. 4.

    The provision’s phrase’ the framework of the principles and objectives of the Union’s external action’ presumably is a reference to Treaty on the Functioning of the European Union, Article 205 which in turn refers to Treaty on European Union, Articles 21 and 22 TEU, cf. note 2 above.

  5. 5.

    The emphasis on the promotion of values within the context of the European Neighbourhood Policy is discussed in further detail by Ghazaryan (this volume).

  6. 6.

    Khaliq 2008, 156.

  7. 7.

    The relevant part of Article 3(5) TEU provides that the Union shall contribute to: ‘peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.’.

  8. 8.

    Emphasis added.

  9. 9.

    Charter of Fundamental Rights of the European Union (2000) OJ C364/1.

  10. 10.

    Joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus’ (2006) OJ C46/1.

  11. 11.

    See in particular Communication from the Commission on the inclusion of respect for democratic principles and human rights in agreements between the Community and third countries, COM(95)216 final and the Council Conclusions of 29 May 1995 (reported in EU Bulletin No 5 1995 at point 1.2.3).

  12. 12.

    This follows from Article 60 of the Vienna Convention on the Law of Treaties, Done at Vienna on 23 May 1969. Entered into force on 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331.

  13. 13.

    See for instance Council decision of 27 September 2010 concerning the conclusion of consultations with the Republic of Niger under Article 96 of the ACP-EU Partnership Agreement (2010) OJ L260/6.

  14. 14.

    European Commission (2010), Annual Report on the European Union’s Development and External Assistance Policies in 2009, 141. ec.europa.eu/europeaid/multimedia/publications/documents/annual-reports/europeaid_annual_report_2010_en.pdf. Accessed 25 July 2011.

  15. 15.

    Regulation 732/2008 applying a scheme of generalised tariff preferences, OJ (2008) L211/1.

  16. 16.

    Cf. Regulation 732/2008 applying a scheme of generalised tariff preferences, Article 15(2). For an example, see Implementing Regulation 143/2010 of the Council of 15 February 2010 temporarily withdrawing the special incentive arrangement for sustainable development and good governance provided for under Regulation 732/2008 with respect to the Democratic Socialist Republic of Sri Lanka (2010) OJ L45/1.

  17. 17.

    Regulation 1889/2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide, OJ (2006) L386/1. Sometimes merely called the ‘Financing Instrument’.

  18. 18.

    See further, Commission (2011) A financing instrument for the promotion of democracy and human rights in the world (2007–2013). europa.eu/legislation_summaries/external_relations/relations_with_third_countries/latin_america/l14172_en.htm. Accessed 25 July 2011.

  19. 19.

    Cardwell 2011, 33.

  20. 20.

    For a careful examination of the notion of coherence, see Hillion 2008, 10. It may be noted that the present chapter is only concerned with Union legislation as such, i.e. horizontal coherence. It therefore does not cover coherence requirements regarding the relationship between Union legislation and Member State legislation, i.e. vertical coherence, which is achieved inter alia through the fulfilment of the principle of sincere cooperation (Treaty on European Union, Articles 4(3) and 24(3)).

  21. 21.

    Broberg 2010, 7.

  22. 22.

    See also Treaty on European Union (pre-Lisbon version), Article 27 (a)(1).

  23. 23.

    Provisions on the CFSP are covered in a set of ‘specific provisions’—Treaty on European Union, Articles 23–46.

  24. 24.

    See in this respect ECJ, Case C-268/94 Portugal v. Council (India Agreement) [1996] ECR I-6177.

  25. 25.

    For example, the European Union’s arguably most important international agreement in the field of development cooperation, the Cotonou Agreement, is based exclusively on Article 310 of the EC Treaty, which concerned association agreements.

  26. 26.

    This seems to have been particularly relevant with regard to trade agreements founded on the EC Treaty's Article 133 on the European Community’s Common Commercial Policy (now Treaty on the Functioning of the European Union, Article 207). See, for example, Proposal for a Council Decision concluding the Interim Economic Partnership Agreement between the European Community and its Member States, on the one part, and the [Southern African Development Community] SADC EPA States, on the other part, COM(2008)565 final. It may be noted, however, that international agreements exclusively based on Article 133 of the EC Treaty are rather unusual.

  27. 27.

    This is also a consideration within the EU’s drive for investment-related agreements with states—both developed and developing—the world over. For further discussion, see the contributions to this volume by Wu and Dimopoulos.

  28. 28.

    Batt et al. 2003; Gould 2004. See also the discussion in Sect. 9.2 of the chapter in this volume by Dragneva and Wolczuk.

  29. 29.

    Trueb (this volume) makes a similar point with regard to the EU’s relationships with states in Latin America.

  30. 30.

    Council (2003) ‘A secure Europe in a better world—European security strategy’, Brussels, 12 December 2003. www.consilium.europa.eu/uedocs/cmsUpload/78367.pdf. Accessed 25 July 2011.

  31. 31.

    European Commission (2006), ‘Global Europe: competing in the world’. http://trade.ec.europa.eu/doclib/docs/2006/october/tradoc_130376.pdf. Accessed 25 July 2011. For critical comments on this policy paper, see for example Resolution of 7–8 December 2006 adopted by the European Trade Union Confederation (ETUC) Executive Committee. www.etuc.org/a/3390. Accessed 25 July 2011.

  32. 32.

    Bickerton 2011, 77.

  33. 33.

    See, for example, Sepos 2010.

  34. 34.

    The criteria setting the political, economic and administrative standards for EU membership applicants.

  35. 35.

    See for example Oxfam, Unequal Partners: How EU–ACP Economic Partnership Agreements (EPAs) could harm the development prospects of many of the world’s poorest countries, Oxfam Briefing Note. www.oxfam.org/sites/www.oxfam.org/files/unequal%20partners.pdf. Accessed 25 July 2011.

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Broberg, M.P. (2011). Don’t Mess with the Missionary Man! On the Principle of Coherence, the Missionary Principle and the European Union’s Development Policy. In: Cardwell, P. (eds) EU External Relations Law and Policy in the Post-Lisbon Era. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-823-1_9

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